The instrument's own words
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367
KNOW ALL MEN BY THESE PRESENTS, That we, NORMAN L. BEHNEKE and wife, MARIE ROSE YVONNE BEHNEKE, of the Town of Charlestown, County of Washington, State of Rhode Island, hereinafter called the Grantor, in consideration of the sum of Ten (10) Dollars to us paid by FRANK MILLER and ELIZABETH MILLER, husband and wife, both of the Town of Attleboro, Commonwealth of Massachusetts, hereinafter called the Grantees, the receipt whereof is hereby acknowledged, do hereby give, grant, bargain, sell and convey unto said Grantees, as JOINT TENANTS AND NOT AS TENANTS IN COMMON, their heirs and assigns forever in fee simple,
That certain lot of land situated in the Town of Charlestown in the State of Rhode Island, land evidence book 27, page 367, and delineated as Lot number (twenty) 20 on that plat entitled, "New Survey of the Lot Numbers on South Beach England-Town Property of M. R. Y. Behneke, Recorded 1934, 1936, 1937, 1939 - Leon L. Hullwand, Civil Engineer, Scale 1" = 80" which plat is recorded in the Records of Land Evidence in said Town of Charlestown.
This conveyance is made subject to the following restrictions binding upon said grantees, their heirs and assigns:
1. Only one private one-family residence and a private garage shall be erected, placed, maintained or permitted upon said lot, or any part thereof. No part of any building, including porches, steps, etc., shall be less than five feet (5') from the easterly or westerly side of said lot number twenty (20) survey, nor shall any building, including porches, steps, etc., be less than twenty feet (20') from the road, nor less than twenty feet from their South street or nearer than fifteen (15) feet from Sea Lane Avenue, as shown on said plat.
2. No garage shall be used as a residence unless it costs the minimum cost of the residence to be erected on said lot and site, and no tents or trailers shall be permanently erected or placed on said lot.
3. All toilets and sink drains on said lot shall be connected with cesspools or septic tanks, so as not to pollute or endanger any drinking water supply, nor to pollute or endanger any drinking water supply, nor to pollute the waters along the shore of ocean-connected ponds or lakes.
4. Said lot, or any part thereof, shall be used for any trade or business or commercial purpose or for any public purposes whatever.
5. No house shall be erected, placed or maintained on said lot costing less than fifteen hundred (1500) dollars without the written consent of the grantees.
And we, Edward Edgar Burdick and Marion Gertrude Burdick, the mortgagees named in that certain mortgage from said Marie R. Y. Behneke to said Edward Edgar Burdick and Marion Gertrude Burdick, dated July 29, 1932 and recorded in the Records of Land Evidence in said Town in Book 25 at page 147, for consideration paid, release to said Marie Rose Yvonne Behneke, all our right, title and interest as mortgagees aforesaid, in and to the above described premises.
Together with the full right to use the ways, streets and privileges as shown and delineated on said plat.
TO HAVE AND TO HOLD the aforementioned premises, with all the privileges and appurtenances thereunto belonging, unto and to the use of the said grantees and their heirs and assigns forever in fee simple.
And we the said grantors, do hereby, for ourselves and for our heirs, executors and administrators, covenant with the said grantees and their heirs and assigns, that we are lawfully seized in fee simple of the said granted premises; that the same are free from all incumbrances, except as foregoing aforesaid; that we have good right, full power and lawful authority to sell and convey the same in a manner as aforesaid; and that the said grantees and their heirs and assigns shall by these presents at all times here hereafter peaceably and quietly have and enjoy the said premises, and that we the said grantors will and our heirs, executors and administrators shall warrant and defend the same to the said grantees and their heirs and assigns forever against all the lawful claims and demands of all persons, except as foregoing aforesaid.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 4th day of August, A. D. 1938.
Signed and sealed in presence of:
LINTON L. BROWN
(INTERNAL REVENUE STAMP, 50¢)
MARION GERTRUDE BURDICK (SEAL)
EDWARD EDGAR BURDICK (SEAL)
MARIE ROSE YVONNE BEHNEKE (SEAL)
NORMAN L. BEHNEKE (SEAL)
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STATE OF RHODE ISLAND)
County of Washington)
In Charlestown, on the 4th day of August, A. D. 1938, before me personally appeared Norman L. Behneke and Marie Rose Yvonne Behneke, husband and wife, both to me known and known by me to be the parties executing the foregoing instrument, and they acknowledged said instrument, by them executed, to be their free act and deed.
LINTON L. BROWN
Notary Public.
STATE OF RHODE ISLAND)
County of Washington)
In Charlestown, on the 4th day of August, A. D. 1938, before me personally appeared Edward Edgar Burdick and Marion Gertrude Burdick, husband and wife, both to me known and known by me to be the parties executing the foregoing instrument, and they acknowledged said instrument, by them executed, to be their free act and deed.
LINTON L. BROWN
Notary Public.
Received for record August 6th, A. D. 1938 at 9:10 o'clock, a. m., and recorded by [signature]
Town Clerk
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At a sale held at the Town Hall, Charlestown, R. I., July 8th 1938 for non payment of taxes the following property was sold by George S. Cross, Tax Collector of Charlestown:
1) Eleanor D. Miller's "House Lot, Tax $41.60, Interest $3.39, Advertising $1.34, Ex. Title $1.00, Ann. Fee $1.25, Reg. Letter $1.34, Total $50.00. Sold in for the Town by George S. Cross, Tax Collector.
2) Raymond G. Chapin's, "Building on leased Land", Tax $8.29, Interest $66, Advertising $1.34, Ex. Title $1.00, Ann. Fee $1.25, Reg. Letter $1.34, Total $7.16. Sold to Edwin Fisher, Charlestown, R. I.
3) Basil R. Bonner Estate "Home Place, Money Land, Revised Land", Total Tax $18.12, Advertising $1.34, Ex. Title $1.00, Ann. Fee $1.25, Reg Letter $1.34, Total, $20.44. Sold to Frank Grillo, Westerly, R. I.
4) Anton Henrikson et ux, "Maine Land", Tax $1.80, Interest 10¢, Advertising $1.34, Ex. Title $1.00, Ann. Fee $1.25, Reg. Letter $1.34, Total $7.80. Sold to John Hickman, Carolina, R. I.
5) Harold Hinrichs's, "Lots 16 & 166 West", Tax $1.20, Interest 6¢, Advertising $1.34, Ex. Title $1.00, Ann. Fee $1.25, Reg. Letter $1.34, Total $7.16. Sold to John S. Brady, 15 Poplar St., Providence, R. I.
6) Hanna Martinla, "Maine Land", Tax $3.09, Interest 16¢, Advertising $1.34, Ex. Title $1.00, Ann. Fee $1.25, Reg Letter $1.34, Total, $9.06. Sold to Francis H. Ford, Chnadown, R. I.
7) Apponatto Ronald, "Cranend Land", Tax $2.40, Interest 11¢, Advertising $1.34, Ex. Title $1.00, Ann. Fee $1.25, Reg. Letter $1.34, Total $7.44. Sold to Edwin Fisher, Charlestown, R. I.
8) Mary P. Walsh et al., Lots Area A. No. 16 Lot 183, A. No. 18 Lot 184, A. No. 19 Lot 1, Total $21.8, Interest $11.52, Advertising $1.34, Ex. Title $1.00, Ann. Fee $1.25, Reg. Letter $1.34, Total $35.42. Sold to Wilbur R. Dum roce, Dover, Delaware, Box 420.
For a more particular identification of said real estate reference is made to the records of the land evidence of the Town of Charlestown, R. I.
GEORGE S. CROSS,
Tax Collector.
Subscribed and sworn to me at Charlestown, R. I., this 18th day of July, A. D. 1938.
Linton L. Brown
Notary Public
Received for record July 18th, A. D. 1938 at 9:00 o'clock, a. m., and recorded by [signature]
Town Clerk
The page as recorded
