10/14/1950 · DEED · book 32 page 301 doc 2710@32/301

Tax $1.00 Interest .56 Levy Expenses 6.84 Sale 1.00 Fee 4.00 Tax Collector's Deed $13.70 TO HAVE AND TO HOLD, the same to the said Alfred D. Pendleton and Mary E. Pendleton, as Joint Tenants and not as Tenants in Common, their heirs and assigns forever, (subject to the right of redemption as provided by law). And I, the said William D. Cross, Collector of Taxes, as aforesaid, do covenant with the said Alfred D. Pendleton and Mary E. Pendleton, their heirs and assigns, that I have advertised the said property as hereinbefore stated and have complied with the terms of the law regulating the collection of taxes. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 14th day of October, A. D. 1950. In the Presence of: Linton L. Brown WILLIAM D. CROSS (L. S. Collector of Taxes, Town of Charlestown for the year 1949. STATE OF RHODE ISLAND, ETC.) County of Washington In Charlestown, on the 14th day of October, A. D. 1950, before me personally appeared William D. Cross, Collector of Taxes, as aforesaid, to me known and by me to be the party executing the foregoing instrument and acknowledged to me that he executed the same as his free act and deed, individually, and in his official capacity as aforesaid. LINTON L. BROWN Notary Public. Received for record October 14th, A. D. 1950 at 4:15 o'clock, p. m., and recorded by [?] Town Clerk ---- STATUTORY FORM OF WARRANTY DEED We, BRADFORD T. FISHER and ELIZABETH J. FISHER, husband and wife, both of the Town of Charlestown, County of Washington and State of Rhode Island, hereinafter called the Grantors, for consideration paid grant to JAMES T. BYRNE and SOPHIE S. BYRNE, husband and wife, both of Oradell, County of Bergen and State of New Jersey, as Joint Tenants and not tenants in common, meaning to the survivor, hereinafter called the grantees, with WARRANTY COVENANTS. A certain tract or parcel of land, together with all buildings and improvements thereon and standing thereon and appurtenances thereunto belonging otherwise, situated in and being in the Town of Charlestown, County of Washington and State of Rhode Island and bounded and described as follows, to wit: Lot # 89 of a shown and delineated on a certain plan or plat entitled, "Plan of Quonocutaug Concentrating Beach, Charlestown, Rhode Island, Thorp & Training, Inc., Ags., feet to the scale of, October, 1924, Roosevelt & Longs, Engrs., Revised to September 10th 1936," said plan being on file in the Land Evidence Clerk's Office in said Town of Charlestown. Said grantees, their heirs and assigns, shall have the right to pass and repass by road and on foot and free from any hindrance or obstruction on foot or otherwise, over and across and across thereon straight rights of way or roads as shown on said plan or plat leading from the beach and water's edge and leading from the road to the beach and water fresh pond way, and other any portions of said plat which might be further designated for use and enjoyment of the owners of Lot Quonocutaug Beach, their heirs and assigns, hereby covenant and agree to and with the said grantors, their heirs and assigns, that they shall pay to the Quonocutaug Central Beach Fire District, its successors and assigns, for each year for the state taxes and assessments levied against said lot the sum of Five (5) Dollars per lot each hereby conveyed; said sum to be expended and applied by the said Quonocutaug Central Beach Fire District, its successors and assigns, in its and their uncontrolled discretion for the care and maintenance of the roads and other public ways on said plat. The sums here to be paid are hereby made a lien and charge upon the premises hereby conveyed, and in case of failure to make any payment within one year after the state taxes and assessments are designated for payment, the said Quonocutaug Central Beach Fire District, its successors and assigns, to sell and convey the premises at the cost of the defaulting owner by notice of sale to be given in some newspaper published in said County of Washington at least once each week for three successive weeks and to become the purchaser or purchasers at said sale.

302 This conveyance is made and accepted subject to the following conditions and restrictions, namely: 1. In case of a contemplated sale of said lot or parcel of land or any part thereof, Howard E. Thorp, his heirs and assigns, shall be given ten days notice in writing and shall have the first option to purchase the same with the right of appraisal and purchase thereon at the highest bona fide price in good faith made and actually offered to the said Grantees, their heirs or assigns. 2. That above conveyed premises shall be used only as a site for one dwelling house on the lot hereby conveyed, such dwelling house shall be erected on the premises in accordance with the building lines as shown or said plat, and no portion of any building or dwellings or buildings (house porch included) shall approach the street or streets or ocean front nearer than said building line, nor shall any building or dwellings or buildings shall encroach upon the limits of nor nearer than five feet distance from neighboring detached or garage other outside building or buildings; that no other building or dwellings shall be constructed on said lot sum completed when not costing less than One Thousand (1000) Dollars, all toilets, baths, sinks fixtures and other plumbing fixtures shall be connected to a suitable cesspool or septic tank to be constructed and maintained on the above conveyed premises by the Grantees, his heirs and assigns at their own cost and expense. Any cesspool or septic tank to be constructed on the premises shall be built on the westerly side of said lot not further than fifty (50) feet from East Street. 3. No division or line fence, hedge or fences shall be permitted, nor trees of any kind, nor anything (except the eaves of the dwelling house) that shall in any way obstruct the view from any part of an adjoining property or any dwelling house in this colony. Shrubs, flowers, and vegetables shall be permitted. 4. No poultry, swine, cattle, mules, vicious dogs or cats or any other noisy or objectionable animal shall be kept or permitted to be kept on or near the premises. 5. The said Quonsetannut Central Beach Fire District, its successors and assigns, reserves the right to enter upon the above described and conveyed premises to lay any pipe outlets or pipes, or to repair the same, always leaving the premises in as good condition as it was before such entry. 6. It is hereby further covenanted, understood and agreed between the parties hereto that all the aforesaid conditions, covenants and agreements on the part of the said Grantees in favor of the said Grantors on their part to be and performed shall attach to and run with the land hereby conveyed; it is further agreed and made a part of this deed that said sale and purchase is made and made subject to any violation of the above conditions or covenants on the part of said Grantees that Howard E. Thorp, his heirs and assigns, that the title and fee to said premises shall revert to Howard E. Thorp, his heirs and assigns, and be they as they are, seize himself or themselves of the estate hereunto granted and all right, title and interest hereunto by conveyance conveyed, in full seisin and tenure. Meaning and intending to convey the same premises as conveyed to Bradford T. Fisher and John V. Hodgkins by Howard E. Thorp, by deed dated February 2, 1947 and recorded in Book 31 at Page 213 of the Land Evidence Records of the town of Charlestown, said John V. Hodgkins having conveyed his one-half interest in said premises to said Bradford T. Fisher by deed dated June 1, 1949 and recorded in Book 31 at Page 242 of the Land Evidence Records of said town of Charlestown. Said Bradford T. Fisher having conveyed the above premises to these Grantors, as Joint Tenants, through Anne R. Ward by deed dated September 23, 1949 and said deed recorded in the Land Evidence Records of said Town of Charlestown in Book 32 at Page 112. This deed is made subject, however, to a mortgage from Bradford T. Fisher to the Industrial Trust Company of Westerly, Rhode Island, dated May 17, 1949 and duly recorded in the Land Evidence Records of Charlestown in Book 31 at Pages 507 and 506, which mortgage the within grantees assume and agree to pay. WITNESS our hands this 13th day of October, 1950. BRADFORD T. FISHER ELIZABETH J. FISHER (DOCUMENTARY STAMPS, $9.90) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly on the 13th day of October, 1950 before me personally appeared Bradford T. Fisher and Elizabeth J. Fisher, husband and wife, to me known and by me to be the parties executing the foregoing instrument, and acknowledged said instrument, by them executed, to be their free act and deed. NELSON E. THORP (Notarial Seal) Notary Public. Received for record October 14, A. D. 1950 at 10 o'clock, a. m., and recorded by [Signature] Town Clerk