1/3/1938 · DEED · book 27 page 207 doc 1@27/207

207 THIS INDENTURE made and executed the 17th day of December, 1937 by and between Howard E. Thorp, widower, of the Town of Westerly, County of Washington, State of Rhode Island, hereinafter called the grantor, and the Quonocontaug Central Beach Fire District, a quasi municipal corporation duly incorporated by an Act of the Legislature of Rhode Island, hereinafter called the grantees, WITNESSETH, that the said grantor for and by consideration of the sum of One (1) Dollar paid by and received from the said grantees and of the covenants and agreements hereinafter contained, does hereby grant, bargain, sell and convey to the said grantees, its successors and assigns, with QUIT-CLAIM CONVEYANCE That certain real estate situated in the Town of Charlestown, County of Washington, State of Rhode Island and bounded and described as follows, to wit: The following described real estate as shown and delineated on a certain plan or plat entitled, "Plat of Quonocontaug Central Beach, Charlestown, Rhode Island, Thorp & Trainer, Inc., Agents, Scale 89 feet to the inch, October, 1924, Rossia & Lewis, engineers, Revised to September 10, 1935," said plat being duly filed with the Land Evidence Records of said Town of Charlestown; Beginning at a stone bound where West Street joins the Town of Charlestown highway at the northwest corner of Lot no. 42 as shown on said plat; thence running easterly Forty and six one hundredths (46.06) feet to another stone bound, thence northerly by property conveyed to the Town of Charlestown by this grantor by deed dated June 1939 and recorded in the Land Evidence Records of said Town of Charlestown; thence from this point conveying West Street, being a strip of Land (Forty) 40 feet in width and running southerly Seven Hundred Forty-five (745) feet, more or less, or to Surfside Avenue as shown on said plat; thence conveying Surfside Avenue being Forty (80) feet in width and extending from Lot no. 30 to land now owned conveyance by Charlestown Estates, Inc. and the Town of Charlestown, said Surfside Avenue being approximately Two Thousand (2000) feet, more or less, in length, as shown on said plat also that parcel of land as shown on said plat known as Ocean View Avenue and extending from West Street on the west to Surfside Avenue, crossing Main Street, said Ocean View Avenue being Forty (40) feet in width and approximately One Thousand Nine Hundred (1900) feet, more or less, in length; also that certain street shown on said plat as Central Street being Forty (40) feet in width and extending from the Town of Charlestown highway on the north to Ocean View Avenue on the south and being approximately Eight Hundred Forty (840) feet, more or less, in length; also Grove Street extending from Ocean View Avenue on the north to Surfside Avenue on the south and being approximately Two Hundred Seventy-five (275) feet, more or less, in length as shown on said plat; also East Street extending from Neptune Avenue on the north to Surfside Avenue on the south being Forty (40) feet in width and approximately Five Hundred Fifty (550) feet, more or less, in length as shown on said plat; also Neptune Avenue extending from Central Street on the west to East Street on the east being Forty (40) feet in width and approximately One Thousand Nine Hundred Fifty (1950) feet, more or less, in length as shown on said plat. In consideration of the purchase price it is mutually understood and agreed that the above the premises hereinbefore described and conveyed as highways shall be used by said Fire District only for general highway purposes; the said grantor reserves to himself, his heirs and assigns, the rights in common with others to cross and recross, over and across said roads, streets, or rights of way at all times and for all purposes and this conveyance recognizes the rights of the several property owners in said Fire District to cross and recross over these various rights of way at all times and for all purposes usual to a highway, and said Quonocontaug Central Beach Fire District hereby accepts said roads and agrees that said Fire District will not sell, give way or dispose of any of said roads or highways to any individual, corporation or anyone else excepting by a vote of approval of not less than two thirds (2/3) of the number of the entire property holders in said Fire District, said property owner need not necessarily be a legal voter in Rhode Island to vote on any plan of conveyance of said roads. This deed also conveys to said Fire District Four certain rights of ways;

208 First Right of Way Five feet wide extending from Surfside Avenue to the ocean adjoining lot No 29 as shown on said plat and described as follows, beginning at a stone bound at the northwest corner of lot No. 29 on said plat, thence running southerly to the beach or ocean, bounded easterly by lot No. 29, thence running westerly five feet; thence running northerly in a line parallel to and five feet distant from the westerly boundary line of lot No. 29 to an iron pin driven in the ground; thence turning a right angle and running easterly five feet to an iron pin driven in the ground; thence running southerly five feet to the stone bound at the point and place of beginning, bounded easterly by lot No. 29 and Surfside Avenue, northerly and westerly by land of George F. White, et ux., southerly by the beach or ocean. Second Right of Way A parcel of land Twelve (12) feet in width extending from Surfside Avenue on the north to the beach or ocean on the south, bounded easterly by lot No.17 and westerly by lot No.18 as shown on said plat. Third Right of Way A parcel of land Twenty-(20) feet in width extending from Surfside Avenue on the north to the beach or ocean on the south, bounded easterly by lot No. 6 and westerly by lot No. 7 as shown on said plat. Fourth Right of Way A parcel of land Fifty (50) feet in width extending from Surfside Avenue on the south to the Fresh Water Pond on the north, bounded easterly by lot No. 126 and westerly by lot No. 127 as shown on said plat. It is made a part of the consideration of this conveyance that the said grantor reserves to himself, his heirs and assigns, the rights, in common with others to cross and recross said rights of way at all times and for all purposes from Surfside Avenue afore- said, to the beach or ocean, and to the Fresh Water Pond aforesaid, and mindful of the rights and privileges of the property owners in said Fire District to cross and recross said premises that the said Quonocontaug Central Beach Fire District accepts said rights of way with the understanding that same are to be and remain the property of said Fire District and no right of way or portion thereof shall be conveyed at any time. WHEREAS in certain deeds of conveyance made by this grantor to various grantees conveying property now lying within the Quonocontaug Central Beach Fire District a clause in said deeds reads as follows: "The said grantee, for himself or herself, his or her heirs and assigns hereby convent to and with the said grantor, his heirs and assigns, that the said grantee, his or her heirs and assigns, will and shall pay to the said grantor, his heirs or assigns on or before the first day of August in each year hereafter the sum of five (5) Dollars for each lot hereby conveyed said sum to be expended and applied by the said grantor, his heirs and assigns in his and their unrestricted discretion to the care and maintenance of the roads and other portions that may be designated for public use, and the summa agreed to be paid are made yearly with a lien and charge upon the premises hereby conveyed and in case of failure to make any payment within one year after the same shall become due it shall be lawful for the said grantor, his heirs and assigns to sell and convey the premises at public auction, first giving notice of such sale in some newspaper published in said County of Jam- ington at least once each week for three successive weeks, and to become the purchaser or purchasers of said sale:" NOW therefore, for consideration aforesaid, I, the said grantor, hereby assign to said Quonocontaug Central Beach Fire District all my rights and privileges as expressed in said clause in said deeds, reserving however to my grantor and his heirs the exemption of that parcel of real estate as shown on said plat and generally known and spoken of as the Farmhouse property, and reserving from the special maintenance fee of Five Dollars year as hereinbefore mentioned to the said grantor and his heirs any other lots which he owns abutting the private roads in said Fire District so long as such other lots remain unsold and commercially unimproved, and in lieu of this exemption said Howard S. Thorp, his heirs or

executors will pay to the said Fire District an annual fee of Twenty-five (25) Dollars so long as five (5) or more lots fronting on said private roads within said Fire District remain unsold, and, as soon as any of the lots shall be sold or commercially improved such lots as are sold or commercially improved shall take the same standing in said District as any other lot, and the said grantor agrees that if the property referred to as the Farmhouse property is sold in one parcel it will carry a reservation in the deed that said premises shall be used for residential purposes and not more than three residences shall be permitted on said premises, this reservation to remain in force for a period of twenty (20) years from the date of deed; and said grantor agrees that if and when any lots not now platted shall be developed fronting on any of the private roads in said Fire District now built or to be built, said lots will carry the same covenants, reservations and restrictions as are in other deeds to lots already sold in said Fire District. WHEREAS in certain deeds of conveyance made by said grantor to various grantees convey- ing property now lying within the Quonocontaug Central Beach Fire District, a clause in said deeds reads as follows: "In case of a contemplated sale of said lot or parcel of land or any part thereof, said grantor, his heirs or assigns, shall be given ten days' notice in writing and shall have the first option to purchase the same with the building and improvements thereon at the highest bona fide price in good faith made and actually offered to the said grantors, or his or her heirs or assigns." NOW therefore it being the intent of this clause to restrict the owners of the property in this Fire District to a class of people, regardless of creed or nationality, who might seem to be desirable parties, and WHEREAS, it may be to advantageous to secure the cooperation of said Quonocontaug Central Beach Fire District in carrying out its duties, NOW therefore, be it understood that said grantor, his heirs or executors may submit any question of policy on the mat- ter aforesaid to the Public Works Committee of said Grantees as the same is now constituted or may hereafter be constituted and a majority of the said Committee or a majority of those authorized to rep- resent said Fire District in making a decision under the clause as expressed in said deeds. WHEREAS in certain deeds of conveyance made by this Grantor to various grantees conveying property now lying within the Quonocontaug Central Beach Fire District, a clause in said deeds reads as follows: "The grantor, his heirs and assigns, reserve the right to enter upon the above de- scribed and conveyed premises to lay any pipe outlets or pipes, or to repair the same, always leav- ing the premises in as good condition as when entered." NOW therefore, whereas the Quonocontaug Central Beach Fire District is about to take control of the water supply for said Quonocontaug Central Beach Fire District, and to own the pipes, wells, pumps and equipment, therefore, because of this transfer of ownership I hereby assign any right or privilege which I may have or of right ought to have, because of said reservation in said deeds, to the said Quonocontaug Central Beach Fire District. IN WITNESS WHEREOF the said Howard S. Thorp and the said Quonocontaug Central Beach Fire District, by its Treasurer herunto duly authorized have herunto and to a duplicate original hereof, set him and his hands and seals and the seal of the Corporation at Westerly, Rhode Island, this seventeenth day of December, 1937. QUONOCONTAUG CENTRAL BEACH FIRE DISTRICT (L. S.) by Harry L. Bolles Treasurer HOWARD S. THORP

210 STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly on this 17th day of December, A. D. 1937 before me personally appeared Howard E. Thorp, personally known to me, and he acknowledged said instrument, by him execut- ed, to be his free act and deed. MARY S. THORPE Notary Public STATE OF FLORIDA COUNTY OF VOLUSIA In Daytona Beach on this 22nd day of December 1937 before me personally appeared Harry L. Bolles, personally known to me, and he acknowledged that he is the Treasurer of the Quonocontaug Central Beach Fire District and that he signed said instrument as Treasurer of said Quonocontaug Central Beach Fire District, that the same was the free act and deed by him as Treasurer and individually. S7A M. ZIRCKEN Notary Public My Commission expires Nov. 13, 1941. Approved: HARRY L. BOLLES CHAS. L. BARKIN DANIEL L. BOUIE WILLIAM H. WEBERMAN ROGERS S. TRAINER Public Works Committee. Received for record January 3rd, A. D. 1938 at 9:00 o'clock, a. m., and recorded by [Signature] Town Clerk.