The instrument's own words
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KNOW ALL MEN BY THESE PRESENTS, that we, LINTON L. BROWN and GLADYES T. BROWN, husband and wife, both of the Town of Charlestown, County of Washington, State of Rhode Island, for consideration paid, grant to JOHN A. FITZGERALD and ISA C. FITZGERALD, husband and wife, both of the Town of Richmond, County of Washington, State of Rhode Island, as JOINT TENANTS and not as TENANTS IN COMMON, conveying to the survivor, with WARRANTY COVENANTS,
That certain tract or parcel of land, together with the buildings and improvements thereon, situate and being in the Town of Charlestown, County of Washington, State of Rhode Island, bounded and described as follows:
BEGINNING at the northeast corner of the premises hereby conveyed at the corner of a wall at the intersection of the boundary line of premises of Thelma B. Clarke, thence running southerly, southerly bounded easterly by said Clarke lands, until it comes to the intersection of said boundary and proposed highway, thence by said right-of-way or driveway, as now travelled, at the southeasterly corner of said premises, thence running northwesterly, northwesterly bounded partly by said right-of-way or driveway, as now travelled, at the southeasterly corner of premises formerly of Wm. Howard and now of Atlas Corporation, and partly by premises formerly of Wm. Howard and now of Atlas Corporation, thence running northerly by premises hereby conveyed and the southeasterly corner of premises of Atlas Corporation including a stone wall and a concrete sewer manhole, thence running northerly by Atlas Corporation, until it comes to another corner of walls at the northwesterly corner of premises hereby conveyed and the southerly boundary of other premises of said Atlas Corporation, thence running easterly by said wall, or bank wall, in an easterly direction, or until it comes to the point and place of beginning. Bounded on the north by premises of John A. Fitzgerald and Isa C. Fitzgerald, easterly by land of Selma B. Clarke and southerly partly by other premises of the Grantors and partly by premises of John A. Fitzgerald and Isa C. Fitzgerald, or otherwise the same may be bounded or described.
The Grantees, their heirs and assigns shall have, the right in common, with the owners, of the land, and right of way, to pass and repass over said proposed highway or right-of-way, from the premises hereby conveyed to the Town highway. For a more complete description of the premises hereby conveyed or premises over which said easement is hereby had and made to be granted with entitled, "Map of Proposed Highway in Charlestown, State of Rhode Island, showing the right-of-way to that land of John A. Fitzgerald, Surveyor's map" being filed on file in the Office of the Town Clerk, said Town of Charlestown, Plat Book 2, page 11.
The Grantees, their heirs and assigns, shall have the right and easement to lay pipes, not more than one inch in diameter, across and across the premises of the Grantors, from the premises hereby conveyed and to any point where a well may be sunk on the premises of the Grantees, and to maintain and replace the same during the term of this right and easement, always leaving the Grantors' premises in as good condition as when entered upon, and to use said pipes to tank or pump water from said pit and to draw water therefrom, not in excess of One Hundred (100) Gallons one in any one day.
As a part of the consideration of this instrument, the said Grantees, for themselves, their heirs and assigns, hereby covenant and agree to and with the said Grantors, their heirs and assigns, that they, the said Grantees, their heirs and assigns, will pay to the said Grantors, their heirs and assigns, the sum of Ten Dollars ($10.00) on the first day of January of each year immediately following the aforementioned premises, and each and every first day of January thereafter until, and during the term of ten years from the date hereof, and the said Grantees, their heirs and assigns, to make any such payment within three months after the same shall be due and payable. Provided, however, that if the said Grantees, their heirs and assigns, shall fail to make any such payment, then and in that event, it shall be lawful for the Grantors, their heirs and assigns, to cut off said pipe or pipes connected to said tank or pump and this right and easement shall thereupon, without notice to said Grantees, their heirs and assigns, become null and void and cease and terminate. This right and easement shall be for a period of ten years from the date of this instrument, and at the expiration of ten years from the date hereof, said easement, and all pipes and equipment in or upon the premises of the Grantors, their heirs and assigns shall be and become the property of the within Grantors, their heirs and assigns.
We, Linton L. Brown and Gladys T. Brown, husband and wife, release to said Grantees, all our right of curtesy and dower, respectively and all other interest in and of the aforementioned premises.
WITNESS our hands this 23d day of January, A. D. 1950.
(DOCUMENTARY STAMPS, $1.65)
LINTON L. BROWN
GLADYES T. BROWN
STATE OF RHODE ISLAND, ETC.
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County of Washington
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In Charlestown, on the 23rd day of January, 1950, before me personally appeared Linton L. Brown and Gladys T. Brown, husband and wife, both to me known and 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.
OSCAR E. BARBER
Notary Public.
Received for record January 23rd, A. D. 1950 at 2:00 o'clock P.M., and recorded by
[Seal]
Town Clerk
The page as recorded
