9/13/1952 · DEED · book 33 page 276 doc 3303@33/276

276 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 GERALD J. FOGARTY and KATHERINE D. FOGARTY, husband and wife, both of Providence, County of Providence and State of Rhode Island, as joint tenants and not tenants in common, meaning to the survivor with WARRANTY COVENANTS A certain tract or parcel of land situated at Quonocutgang Beach, so called, in the Town of Charlestown, County of Washington and State of Rhode Island housed and bounded as described as follows, to wit: Lot #149 and the westerly one half of Lot #150 as shown and delineated on a certain plan or plat of the Town of Quonocutgang Beach, Charlestown, Rhode Island, Charlestown, R. I., Thorp & Trainer, Inc., Agts., 80 feet to the inch, October, 1934, by Howard E. Thorp, filed September 16, 1934, said Plan or plat being on file in the Town Clerk's office in said Town of Charlestown, containing approximately 1.31 acres (or 57,000 square feet or more or less), on Neptune Avenue and to the hundred twenty six (216) feet more or less on said avenue. Said grantees, their heirs and assigns shall have the right to pass and repass to and from and across to said lot or tract on foot or etherwise, over and across any road or way and the right of way of any road or ways as shown on said plan or plat leading to the beach and also the right of way of leading from the road to the fresh water pond, any and all other portions of said plan or plat that may hereafter be designated and improved for use; the said grantees, for themselves, their heirs and assigns hereby covenant and agree, and their successors, their heirs and assigns shall will and pay to the said grantees, their heirs and assigns, such sums as may be levied on or before the first day of August in each year hereafter the sum of Seven Dollars and Fifty cents each year for the premises hereby conveyed, said sum to be expended and applied by the said Quonocutgang Central Beach Fire District, its successors and assigns for the maintenance of the roads and portions that may be designated for public use, and the said grantees, their heirs and assigns shall pay the same charge upon the premises hereby conveyed, and in case of failure to make any payment within one month of the payment due in said Public Auction, first giving notice of such sale in one newspaper published in said County of Washington at least once week for three successive weeks, and is become the purchaser or purchaser's heirs and assigns, the premises is made subject to the following conditions and restrictions, namely: 1. In case of a contemplated sale of said lot or parcel of land or part thereof, the said Howard E. Thorp and Nelson H. Thorp their heirs and assigns, shall be given ten days notice in writing and shall have the right to purchase the said lot or parcel of land, the building and improvements thereon at the highest bona fide price in good faith made and offered by others to the said heirs and assigns. 2. The above conveyed premises shall be used as a site for one dwelling house on the parcel hereby conveyed, which dwelling house shall be erected on the premises in accordance with the building lines shown on the plan or plat, and no portion of any building or buildings or dwelling house (porch included) shall approach the street or streets or ocean front more than twenty five feet from the street or that any building of whatever nature or kind whatever approach the side lines of the parcel manner than five feet unless the building is a garage or shed other outstanding buildings shall be erected thereon; dwelling house when erected on said parcel shall cost not less than Two Thousand Dollars, all toilets, baths, kitchen or any drains or sewage outlets shall be piped in a suitable and sanitary manner and no livestock shall be maintained on the above premises 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 shall in any way obstruct the view from any part of any adjoining property or any dwelling house in the area, except for flowers and vegetables that shall be permitted. 4. No poultry, swine, cattle, notifies or viscous dogs or cats or any other noisy or objectionable animals and or birds shall be kept or permitted to be kept on said premises. 5. The said Quonocutgang Central Beach Fire District, its successors and assigns, reserve the right to enter upon the above described and conveyed premises to lay any pipes or conduits, or pipes to repair the same, always leaving the premises in the same condition as when entered. 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 on their part to be performed and shall attach with the land and run with the land hereby conveyed so that if a failure to perform any of the conditions of the consideration of this sale and purchase that in case of any violation of any of the above conditions or covenants on the part of said grantees, their heirs and assigns, that the title and fee to said premises shall revert to the said Howard E. Thorp and Nelson H. Thorp, their heirs and assigns, and that they may repossess himself or themselves, the said premises, and all rights, appurtenances and all interest and these hereby conveyed shall be forfeited and cease and terminate. Gerald J.

Meaning and intending to convey the same premises conveyed to these grantors by Herman Vandervart, et ux, by deed dated May 27, 1952 and duly recorded in the Land Evidence Records in said Town of Charlestown in Book #33 at Page #134. We, Mary E. Thorp and Merle N. Thorp, wives respectively of the grantors, release to said grantees, all our right of dower and all other interest in the aforementioned premises. WITNESS our hands this 10th day of September, 1952. HOWARD E. THORP MARY E. THORP NELSON H. THORP MERLE N. THORP (DOCUMENTARY STAMPS, ($1.10) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly on the 10th day of September, 1952, before me personally appeared Howard E. Thorp, Nelson H. Thorp, Mary E. Thorp and Merle N. Thorp, to me known and known 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. ROGERS E. TRAINER (Notarial Seal) "Notary Public. Received for record September 13th, A. D. 1952 at 1:15 o'clock, p. m., and recorded by [Signature] Town Clerk ---- 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 PAUL M. KEARNEY and FRANCES A. KEARNEY, husband and wife, both of the Town of Westerly, County of Washington and State of Rhode Island, as joint tenants and not tenants in common, meaning to the survivor with WARRANTY CONVEYANTS. A certain tract or parcel of land situated and located at Quonocutong Beach, so called, in the town of Westerly, County of Washington and State of Rhode Island and bounded and described as follows, to wit: Beginning at a point on the easterly side of Ninigret Avenue, so called, at said point being the northeasterly corner of the premises herein conveyed and the southeasterly corner of said Ninigret Avenue, thence running southeasterly, thence one hundred fifty (150) feet to the northeasterly corner of the parcel herein conveyed, thence running southerly, thence one hundred fifty (150) feet to the southeasterly corner of the parcel herein conveyed; thence westerly one hundred fifty (150) feet to on the easterly side of Ninigret Avenue, thence running northerly, one hundred fifty (150) feet to the Ninigret Avenue sixty-five (65) feet to the point and place of beginning. Said parcel is bounded northerly by land of [?] [?], easterly and southerly by other land of these grantors and westerly by Ninigret Avenue, so called. Meaning and intending to convey lot #261 as shown and delineated on that certain plan or plat entitled, "Plat of Quonocutong Beach at Charlestown, Rhode Island, February, 1948, Charlestown, Rhode Island, property of H. E. and N. H. Thorp, Scale 1 inch equals 40 feet, Feb. 1948, Rogers E. Trainer, Notary Public." Said grantees, their heirs and assigns shall have the right to pass and repass to and from and from and to said lot or tract on foot or otherwise, over on and across certain right of way as shown on the above mentioned plat and also on that certain plan or plat entitled, "Quonocutong Conutengual Beach, dated October, 1924, Revised September 10, 1929," leading to the beach and also