10/4/1952 · DEED · book 33 page 295 doc 3320@33/295

295 We, Arthur Hustwit and Mary E. Hustwit, husband and wife, both of the Village of Bradford, Town of Westerly, County of Washington and State of Rhode Island, for consideration paid, grant to Thomas M. Murphy of the City of Cranston, County of Providence, State of Rhode Island, with QUIT-CLAIM COVENANTS (Description, and Incumbrances, if any) All our right, title and interest in and to those certain tracts or parcels of land, situated in the Town of Charlestown, County of Washington, State of Rhode Island Island, and being an undivided one-half (½) interest in and to Lot Number 946 and undivided one-half (½) interest in Lot Number 947 as shown and delineated on Assessors' Plat Number 16, on file in the Office of the Town Clerk, said Town of Charlestown. Meaning and intending to convey all our right, title and interest in and to the premises conveyed by deed of William D. Cross, Collector of Taxes, Town of Charlestown, for the year 1950; said deed bearing date of October 20th, A. D. 1951 and recorded in the Records of Land Evidence, said Town of Charlestown, in Book No. 32 at Pages 638 and 639. Reference to said deed and the records thereof being here had and made and the same made a part hereof for a more complete and detailed description of the premises hereby conveyed. The consideration of this deed is such that no Internal Revenue Stamps are required. We, Arthur Hustwit and Mary E. Hustwit husband and wife, release to said grantee all our right of curtesy and dower and all other interest in the aforesaid premises. WITNESS our hands this 2nd day of October 1952. ARTHUR HUSTWIT MARY E. HUSTWIT STATE OF RHODE ISLAND, ETC.) ) County of Washington ) In Westerly on the 2nd day of October, 1952 before me personally appeared Arthur Hustwit and Mary E. Hustwit, husband and wife, both 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. CHARLES J. COVONE (Notarial Seal) Notary Public Received for record October 4th, A. D. 1952 at 9:35 o'clock, a. m., and recorded by [?] Town Clerk ---- KNOW ALL MEN by THESE PRESENTS That we, NORMAN L. BEHNEKE and wife, MARIE ROSE YVONNE BEHNEKE, of the Town of Charlestown, County of Washington, State of Rhode Island, hereinafter called the grantors, in consideration of the sum of Ten ($\$10.00$) Dollars, to be paid by WILFRED VIENS and DOROTHY VIENS, wife of, South Attleboro, Bristol County, Commonwealth of Massachusetts, the receipt whereof is hereby acknowledged, do give, grant, bargain, sell and convey unto the said Grantees, as joint tenants and not as tenants in common, and their heirs and assigns forever in fee simple: That certain tract of land in Charlestown, Washington County, Rhode Island, designated as Lot No. Twelve (12) on that plat entitled, "Seabee Colony in Charlestown and South Kingston, R. I., Property of W. N. Behneke, Numbered Lots representing area of 100 Acres", surveyed and Platted 1933, 1934, 1936, 1937, 1938 - Leon L. Holland, Civil Engineer, Scale 1" - 80', which plat is recorded in the Records of Land Evidence in the Town of Charlestown.

296 This conveyance is made subject to the following restrictions binding upon the said Grantees, their heirs and assigns: (1.) Only one private one-family residence and a private garage shall be erected, placed, maintained or situated, either wholly or upon said lot, or any part thereof, and no part of any building, including porches, shall come nearer than twenty (20) feet from the street line and fifteen (15) feet from the other three lot lines. 2. No garage shall be used as a residence unless it costs the minimum cost of the residence to be erected on said lot, and no tents and no auto trailers shall be erected, placed or maintained on said premises. 3. All toilet and sink drains on said lot shall be connected with cesspools or septic tanks, so as not to pollute or endanger any drinking water supply, nor to pollute the waters of the shore of this plat. 4. Said lot, or any part thereof, shall not be used for any trade or business or commercial purpose or for any public purpose whatsoever. 5. No house shall be erected, placed or maintained on said lot costing less than Five Hundred ($500.00) dollars without the written consent of these Grantors. Also, that certain strip of land in South Kingstown, Washington County, Rhode Island, designated as Strip No. Two Hundred Twelve (212) on the above referred to Sea Lea Colony plat, which plat is also recorded in the Records of Land Evidence in said Town of South Kingstown. This strip is conveyed subject to the following restrictions: (a) No building other than a dock shall be erected on said strip of land. No pipes shall run from or through this land to Green Hill Pond and nothing shall be main- tained on said strip of land which will in any manner pollute the waters of the pond. (b) 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 for more than thirty (30) days and all these must be kept in neat order and free from any unsightly litter. (c) Said premises are conveyed exclusively for the purpose of giving to the Owners, who are the owners of the Lot No. One Hundred Twelve (112) on the above described plat, access to Green Hill Pond and boating privileges thereon and the same shall be leased, rented or the use thereof given only to the owner of said lot or to the lawful tenant of any dwelling house that may be built on said Lot No. Twelve (12). It is the express intention of this restriction to prevent the use of this strip of land for any purpose whatsoever by any person or persons and by any means other than by the owner or legal occupants of the dwelling house on said Lot No. Twelve (12). (d) Community privileges and paths, ways and streets of the Sea Lea Colony adjacent to this strip of land are reserved for the use of the residents of Sea Lea Colony and are not to be granted by owner of said strip of land to any one not owners on said colony or to any other persons. (e) Said strip of land No. Two Hundred Twelve (212) must be conveyed with Lot No. Twelve (12) and cannot be sold separate and apart from it. Should any attempt be made by these Grantees, their heirs and assigns, to convey, lease or rent said strip of land No. Two Hundred Twelve (212) apart from Lot No. Twelve (12), the title to said strip of land No. Two Hundred Twelve (212) shall immediately revert to these Grantors, their heirs and assigns, and immediate possession may be taken of said land upon such failure. Said Grantors, their heirs and assigns may enter and take possession upon such breach and that shall not constitute a waiver of their right to so do. TO HAVE AND TO HOLD the aforesaid premises, with all the privileges and appurtenances thereunto belonging, unto and to the use of the said Grantees, as joint tenants and not as tenants in common, and their heirs and assigns forever in fee simple. And we, the said Grantors, do hereby for ourselves and for our heirs, executors and administrators, covenant with the said Grantees, and their heirs and assigns, that we are lawfully seized in fee simple of the said granted premises; that the same are free from all encumbrances, except as aforesaid; that we have good right, full power and lawful authority to sell and con- vey the same in the same manner as aforesaid; that the said Grantees and their heirs and assigns shall be these premises at all times hereafter peaceably and quietly have and enjoy the said premises, and that we, the said Grantors will, and our heirs, executors and administrators shall, warrant and defend the same to the said Grantees and their heirs and assigns forever against the lawful claims and demands of all persons, excepting as aforesaid. IN WITNESS WHEREOF, We, NORMAN L. BEHNEKE and MARIE ROSE YVONNE BEHNEKE, have hereunto set our hands and seals this 11th day of September in the year of our Lord one thousand nine hundred and fifty-two. (DOCUMENTARY STAMPS, $1.10) NORMAN L. BEHNEKE MARIE ROSE YVONNE BEHNEKE

297 STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Charlestown on the 11th day of September A. D. 1952 before me personally appeared NORMAN L. BEHNEKE and wife, MARIE ROSE YVONNE BEHNEKE, both to me known and known by me to be the parties executing the foregoing instrument and acknowledged said instrument by them executed to be their free act and deed. LINTON L. BROWN Notary Public. Received for record October 4th, A. D. 1952 at 10:00 o'clock, a. m., and recorded by [Signature] Town Clerk ---- ASSIGNMENT OF MORTGAGE Industrial Trust Company, a corporation duly created by the General Assembly of the State of Rhode Island, Executor under the will of John W. Buddington Holder of a mortgage by Sadie J. Wholean and Helen K. Wholean to John W. Buddington dated August 24, 1939, Recorded in the records of Deeds in Town of Charlestown, R. I. in Records of Land Evidence, Book No. 28, at page 59, for consideration said Industrial Trust Company has caused its corporate seal and seal to be affixed this 15th day of January, 1943, for said Gwendolyn Addie Buddington Andrew and Mary Ernestine Buddington Meeks of Florida, as joint tenants IN WITNESS WHEREOF said Industrial Trust Company, Executor as aforesaid, has caused its corporate seal and seal to be affixed this 15th day of January, 1943, by its proper officers therunto duly authorized. INDUSTRIAL TRUST COMPANY (Corporate Seal) By J. Cunitzfe Bullock Vice-President C. A. Gilroy Asst. Trust Officer STATE OF RHODE ISLAND COUNTY OF PROVIDENCE In Providence, on the 15th day of January, A. D. 1943, before me personally appeared J. Cunitzfe Bullock and C. A. Gilroy, Vice-President and assistant Trust Officer, respectively of Industrial Trust Company, both to me known and known by me to be the parties executing the foregoing instrument for and on behalf of Industrial Trust Company in its capacity as aforesaid, and they severally acknowledged said instrument by them so executed to be their free act and deed in their said respective capacities, and the free act and deed of said Industrial Trust Company in its said capacity. WARREN T. PROLICK (Notarial Seal) Notary Public Received for record October 9th, A. D. 1952 at 9:45 o'clock, a. m., and recorded by [Signature] Town Clerk (FOR DISCHARGE OF ORIGINAL MORTGAGE, SEE BOOK 28, PAGE 59)