4/3/1941 · MORTGAGE DISCHARGE · book 28 page 265 doc 203@28/265

356 IN WITNESS WHEREOF, we have hereunto set our hands and seals this 5th day of May, in the year of our Lord one thousand nine hundred and forty-one. Signed and sealed in presence of: Richard A. Helliwell as to all NORMAN L. BEHNEKE (SEAL) MARIE ROSE YVONNE BEHNEKE (SEAL) EDWARD EDGAR BURDICK (SEAL) MARION GERTRUDE BURDICK (SEAL) (DOCUMENTARY STAMPS, $1.10) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Charlestown on the 5th day of May, A. D. 1941, before me personally appeared the above-named, MARIE ROSE YVONNE BEHNEKE, NORMAN L. BEHNEKE, EDWARD EDGAR BURDICK and MARION GERTRUDE BURDICK, each and all to me known and known by me to be the parties executing the fore- going instrument, and they severally acknowledged said instrument, by them executed, to be their free act and deed. RICHARD A. HELLIWELL Notary Public. Received for record January 22nd, A. D. 1945 at 9:00 o'clock, a. m., and recorded by [Signature] Town Clerk ---- We, NORMAN L. BEHNEKE and MARIE ROSE YVONNE BEHNEKE, his wife, both of Charlestown, Washington County, Rhode Island, for consideration paid, grant to LINTON L. BROWN and GLADES T. BROWN, as joint Tenants and not as Tenants in Common, both of said Town of Charlestown, with WARRANTY COVENANTS: That certain strip of land in Charlestown, Rhode Island, designated as lot number two, plat entitled "Sea Lea Colony" [?], this plat entitled "Sea Lea Colony in Charlestown and South Kingston, R. I., Property of N. L. Behneke, Numbered Lots Represent Area of Sea Lea Colony, Surveyed and Platted 1933, 1934, 1936, 1937, 1938 --- Leon L. Holland, Civil Engineer", and recorded in the Land Evidence Records of the Land Evidence in said Charlestown, which land is conveyed subject to the following restrictions: No building other than a dock shall be erected on said strip of land. No pipes shall run or run through this strip of land to Green Hill Pond, and nothing shall be maintained on this strip of land in any way that may pollute the waters of the said pond. No part of said land shall be used for any trade or business or for any commercial or public purpose whatsoever. No person may use said premises as keeping quarters or for a trailer or tent. This strip of land shall at all times be kept in neat order and free from any unused materials. Said premises are conveyed exclusively for the purpose of giving to these grantees who are the owners of lot #3 on that plat entitled "Section 2 Sea Lea Colony in Charlestown, R. I., Property of N. L. Behneke, Numbered Lots Represent Area of Sea Lea Colony, Surveyed and Platted 1940 --- Leon L. Holland, Civil Engineer", which plat is recorded in the Land Evidence Records of said Charlestown, the privilege of access to Green Hill Pond and boating privileges thereon, and to connect the house or houses be dwelling house that may be built on said lot #3. It is the express intention of this restriction to prevent the use of said strip of land for any purpose whatever except by lot owners and other plats by and by any one other than the owner or legal occupants of the dwelling house on lot #3. Community privileges and gates, ways and streets of Sea Lea Colony adjacent to this strip of land are reserved exclusively for residents of Sea Lea Colony to protect their quiet and peaceably enjoyment of these privileges and their use cannot be granted by owners of lots on Sea Lea Colony to lot owners on adjacent plats or to any other persons. Said strip of land #245 must be conveyed with said lot #3 hereinbefore referred to and cannot be sold separate and apart from it. Should any attempt be made by said grantees

357 their heirs and assigns, to convey, lease, or rent said strip of land #245 separately from said lot #3, the fee in said strip of land #245 shall immediately revert to these grantors, their heirs and assigns, and immediate possession may be taken of said land by them. Failure of said grantors, their heirs or assigns, to enter and take possession upon such breach shall not consti- tute a waiver of their right to do so. And we, EDWARD EDGAR BURDICK and MARION GERTRUDE BURDICK, the mortgagees named in that certain mortgage from said Marie R. Y. Behnke to said Edward Edgar Burdick and Marion Gertrude Burdick, dated July 29, 1932, and recorded in the Records of Land Evidence, in said Town of Charlestown, in Book 25, at Page 147, for consideration paid, release to said Marie Rose Yvonne Behnke, all our right, title and interest as mortgagees aforesaid, in and to the above described premises. IN WITNESS WHEREOF, we have hereunto set our names this 29th day of July A. D. 1941. MARIE ROSE YVONNE BEHNKE (SEAL) NORMAN L. BEHNKE (SEAL) MARION GERTRUDE BURDICK (SEAL) EDWARD EDGAR BURDICK (SEAL) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Charlestown, R. I., on this 29th day of July, A. D. 1941, before me personally appeared the above named NORMAN L. BEHNKE and MARIE ROSE YVONNE BEHNKE, his wife, to me known and known by me to be two of the parties executing the foregoing instrument, and they acknowledged said instrument by them executed, to be their free act and deed. DAVID E. MILLS Notary Public. STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Charlestown, R. I., on this 29th day of July A. D. 1941, before me personally appeared the above named EDWARD EDGAR BURDICK and MARION GERTRUDE BURDICK, his wife, to me known and known by me to be two of the parties executing the foregoing instrument, and they acknowledged said in- strument by them executed, to be their free act and deed. DAVID E. MILLS Notary Public. No stamps recorded. Received for record January 22nd, A. D. 1945 at 9:05 o'clock, a. m. and recorded by [signature] Town Clerk ---- We, NORMAN L. BEHNKE and MARIE ROSE YVONNE BEHNKE, his wife, both of Charlestown, Washington County, Rhode Island, for consideration paid, grant to LINTON L. BROWN and GLADYS T. BROWN, as Joint Tenants and not as Tenants in Common, both of said Town of Charlestown, with WARRANTY CONVEYANCE Those six (6) certain strips of land in Charlestown, Rhode Island, designated as lots numbered two hundred forty-four (244), two hundred forty-five (245), two hundred forty-seven (247), two hundred forty-eight, two hundred forty-nine (249), two hundred fifty (250) and two hundred fifty-one (251) on that plat entitled "Plan of Colony in the vicinity of Pond and Behnke's Farm, Charlestown, Rhode Island, Numbered Lots Represented Area on Sea Legs Convey, Surveyed and Platted, 1931, 1934, 1936, 1937, 1938, Land Evidence, Trade Mark", recorded in the Charlestown Land Evidence Books, in said Town of Evidence in said Charlestown, which land is conveyed subject to the following restrictions: No building other than a dock shall be erected on each strip of land. No pipes shall run from or through the land to convey sewage or other waste. No garbage shall be maintained on these strips of land which will in any manner pollute the waters of the pond. No part of said land shall be used for any trade or business or for any commercial or public purpose whatsoever. No person may use said premises as sleeping quarters or for a trailer or tent. These strips of land shall at all times be kept in neat order and free from any unsightly litter.

357 their heirs and assigns, to convey, lease, or rent said strip of land #245 separately from said lot #3, the fee in said strip of land #245 shall immediately revert to these grantors, their heirs and assigns, and immediate possession may be taken of said land by them. Failure of said grantors, their heirs or assigns, to enter and take possession upon such breach shall not consti- tute a waiver of their right to do so. And we, EDWARD EDGAR BURDICK and MARION GERTRUDE BURDICK, the mortgagees named in that certain mortgage from said Marie R. Y. Behnke to said Edward Edgar Burdick and Marion Gertrude Burdick, dated July 29, 1932, and recorded in the Records of Land Evidence, in said Town of Charlestown, in Book 25, at Page 147, for consideration paid, release to said Marie Rose Yvonne Behnke, all our right, title and interest as mortgagees aforesaid, in and to the above described premises. IN WITNESS WHEREOF, we have hereunto set our names this 29th day of July A. D. 1941. MARIE ROSE YVONNE BEHNKE (SEAL) NORMAN L. BEHNKE (SEAL) MARION GERTRUDE BURDICK (SEAL) EDWARD EDGAR BURDICK (SEAL) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Charlestown, R. I., on this 29th day of July, A. D. 1941, before me personally appeared the above named NORMAN L. BEHNKE and MARIE ROSE YVONNE BEHNKE, his wife, to me known and known by me to be two of the parties executing the foregoing instrument, and they acknowledged said instrument by them executed, to be their free act and deed. DAVID E. MILLS Notary Public. STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Charlestown, R. I., on this 29th day of July A. D. 1941, before me personally appeared the above named EDWARD EDGAR BURDICK and MARION GERTRUDE BURDICK, his wife, to me known and known by me to be two of the parties executing the foregoing instrument, and they acknowledged said in- strument by them executed, to be their free act and deed. DAVID E. MILLS Notary Public. No stamps recorded. Received for record January 22nd, A. D. 1945 at 9:05 o'clock, a. m. and recorded by [signature] Town Clerk ---- We, NORMAN L. BEHNKE and MARIE ROSE YVONNE BEHNKE, his wife, both of Charlestown, Washington County, Rhode Island, for consideration paid, grant to LINTON L. BROWN and GLADYS T. BROWN, as Joint Tenants and not as Tenants in Common, both of said Town of Charlestown, with WARRANTY CONVEYANCE Those six (6) certain strips of land in Charlestown, Rhode Island, designated as lots numbered two hundred forty-four (244), two hundred forty-five (245), two hundred forty-seven (247), two hundred forty-eight, two hundred forty-nine (249), two hundred fifty (250) and two hundred fifty-one (251) on that plat, entitled "The Colony" in Colony Hill, Charlestown, Rhode Island, prepared by J. Prosser, Numbered Lots Represented Area of Sea Legs Cove, Surveyed and Platted, 1931, 1934, 1936, 1937, 1938, Land Evidence, Trade Mark, etc., recorded in the Charlestown Land Evidence Books, Evidence in said Charlestown, which land is conveyed subject to the following restrictions: No building other than a dock shall be erected on each strip of land. No pipes shall run from or through the land to convey sewage or waste water. No gardens shall be maintained on these strips of land which will in any manner pollute the waters of the pond. No part of said land shall be used for any trade or business or for any commercial or public purpose whatsoever. No person may use said premises as sleeping quarters or for a trailer or tent. These strips of land shall at all times be kept in neat order and free from any unsightly litter.