1/9/1951 · DEED · book 32 page 388 doc 2788@32/388

388 STATUTORY FORM OF WARRANTY DEED We, HOWARD E. THORP and NELSON H. THORP, both of the Town of Westerly, County of Washington and State of Rhode Island, for consideration paid, grant to BRADFORD T. FISHER and ELIZABETH J. FISHER, husband and wife, both of Quonocutaug, Town of Charlestown, County of Washington and State of Rhode Island, as Joint Tenants and not tenants in common, meaning to the survivor, with WARRANTY CONVEYANCE. A certain tract or parcel of land situated and located at Quonocutaug Beach so called, in the Town of Charlestown, County of Washington and State of Rhode Island and bounded as described as follows, to wit: Beginning at a point on the westerly side of Ninigret Avenue, so called, said point being the south westerly corner of the parcel herein conveyed; thence westerly one hundred forty-five (145 feet) to the southwesterly corner of the parcel herein conveyed; thence northerly one hundred and three and forty hundreds(103.40 feet) to the northwesterly corner of the parcel herein conveyed; thence easterly one hundred forty-five (145 feet), more or less, to the westerly side of land belonging Ninigret Avenue; thence south easterly along a curve marking the south easterly line of said Ninigret Avenue thirty-four and seven hundredths (34.77 feet) to the point of beginning. Said parcel is bounded westerly, and southerly by other lands of the grantors and easterly by said Ninigret Avenue. Meaning and intending to convey lot #29 as shown and delineated on that certain plan or plat entitled, "Plat of Quonocutaug Central Beach as surveyed February 1936, for the use of the estate of L. S. and N. H. Thorp, scale 1 inch equals 50 feet, July 1948, Rossis & Lewis, Engrs." Said grantees, their heirs and assigns shall have the right to pass and re-pass to and from said land by any suitable road or street on foot or otherwise, over and across those lands and other certain rights of way or roads as shown on the above mentioned plat and also the right to use the road leading from the road called Quonocutaug Central Beach, dated October 1924, Revised September 10, 1929, "leading to the Beach" and also the right to use the road leading from the road called Quonocutaug Beach, and any other portions of said plat which might be hereafter designated for public use and use the same in common with and so with the said grantors, their heirs and assigns and with the said grantees, their heirs and assigns will shall and pay to Quonocutaug Central Beach Fire District, its successors and assigns, the sum of Five ($ 5) Dollars for each lot they own in the said plat, to be paid in equal installments and applied to the said Quonocutaug Central Beach Fire District, its successors and assigns, in its use and its maintenance and operation of the road and its improvements, and other portions that may be designated for public use, and the said sums agreed to be said and paid annually in advance on the first day of January, and in the event of failure to make said payment within one year after the same shall become due and payable, the said Quonocutaug Central Beach Fire District, its successors and assigns, to collect and convey the premises at public auction the first Tuesday of the month following the default, by a straw man, in said County of Washington at least once each week for three successive weeks and to cause the proceeds of said sale to be applied to said debt. Said 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 and Nelson H. Thorp, their heirs and assigns, shall upon ten days notice in writing have the first option to purchase the same with the buildings and improvements thereon at the highest bone fide price in the market and in the event of failure to exercise said option, their heirs and assigns. 2. The above conveyed premises shall be used only as a site for one dwelling house on the lot hereby conveyed, which dwelling house shall be erected on the premises in accordance with the bylaws of the town of Charlestown and said lot and no other buildings or dwellings or beach houses (porch included) shall be approved the street or street or alley wherever the opposite side the land is of the lot hereafter than five feet from the westerly line of the lot, no other buildings or dwellings of any nature or kind whatever opposite the said side lines of the lot hereafter than five feet from the westerly line of the lot, no other buildings or dwellings shall be erected; dwelling house when erected on said lot shall cost completed not less than two thousand five hundred dollars ($ 2,500.00) and all drains or sewage outlets shall be piped to a suitable cesspool or septic tank to be constructed and maintained at the expense and privy by the grantees, their heirs and assigns at their own cost and expense. 3. No division or line walls, hedges or fences shall be permitted, nor trees of any kind nor anything (except the dwelling house) that in any way obstruct the view from any part of the lot or parcel of land or the dwelling house in this colony; shrubs, flowers, and vegetables shall be permitted. 4. No poultry, swine, cattle, sonic animals, nor vicious dogs or cats or any other noisy or odious objects or animals shall be kept or permitted to be kept on the said premises. 5. The said Quonocutaug 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 they were before. 6. It is hereby further covenanted, understood and agreed by and between the parties hereto that all the aforesaid conditions, covenants and agreements on the part of the said grantees, their heirs and assigns and their successors in part to be kept and performed shall attach to and run with the land hereby conveyed. We, Mary E. Thorp and Merle N. Thorp, wives respectively of the grantors, release to the said grantees, all our dower of right and other all other interest in the aforesaid premises.