11/20/1952 · DEED · book 33 page 328 doc 3349@33/328

328 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 RICHARD G. SMITH and SYBIL W. SMITH, husband and wife, both of Glastonbury, County of Hartford and State of Connecticut, as joint tenants and not tenants in common, meaning to the survivor with WARRANTY COVENANTS. Two certain lots or parcels of land, situated and located at Quonsetougcong Beach, so called, in the Town of Charlestown, County of Washington and State of Rhode Island, and bounded and described as follows, to wit: Lots #259 and #260 as shown and delineated on that certain plan or plat entitled, "Plat of Quonsetougcong Central Beach, extended February, 1948, Charlestown, R.I." surveyed by [?] L. Thorp, scale 1 inch equals 80 feet, July 1948, Rossi & Lewis, Engrs." Said plat being filed in the Land Evidence Records of Charlestown, book 24, page 111. Said lots being more particularly bounded and described as follows: Beginning at a point on the easterly side of Kingsley Avenue, so called, said point being the northeasterly corner of the premises herein conveyed, and running southeasterly eighty-one and one-half (81 1/2) feet to a corner and thence easterly one hundred ninety-five (195) feet to the northeasterly corner of the granted parcel, thence running south forty-one degrees forty-eight minutes and thirty seconds (41° 48' 30") east to a drill hole in one stone wall at the southerly corner of the granted parcel, thence running north eighty-one degrees thirty-one minutes and one second (81° 31' 1") west one hundred fifty-five (155) feet, more or less, to the southwesterly corner of the premises herein conveyed at a point on the easterly side of Kingsley Avenue, so called, thence running northerly along the easterly line of said Kingsley Avenue one hundred forty-six and one half (146 1/2) feet, more or less, to the point and place of beginning. The premises herein conveyed are northerly bounded by the land of Kearney and wife, easterly by other land of the grantees, southerly by the land of the Quonsetougcong Central Beach Fire District, and westerly by Kingsley Avenue, so called. This deed is made subject to an easement to the Quonsetougcong Central Beach Fire District, to lay and maintain gas pipes over the front part of the said premises as of record. Said grantees, their heirs and assigns shall have the right to pass and repass to and from said premises and to ride oats or tracts on foot or otherwise, over and across certain rights of way or roads as shown on the above mentioned plat and as on that certain deed from [?] Quonsetougcong Central Beach Fire District, dated October 1924, revised September 10, 1929, "leading to the beach and also the right of way leading from the road to the fresh water pond and any other easements pertaining to said lots as are shown on said plat." The said grantees, for themselves, their heirs and assigns hereby covenant and agree to save and hold harmless the Quonsetougcong Central Beach Fire District, its successors, their heirs and assigns will shall pay to the Quonsetougcong Central Beach Fire District, its successors and assigns, [?] before the first day of October in each year her heirs and assigns the sum of FIVE (5) Dollars for each lot hereby conveyed; Said sum to be paid to the Treasurer of the Quonsetougcong Central Beach Fire District, its successors and assigns, in its and their unrestricted discretion to be used for the benefit of the said District and its members, as it may be rotated for public use, and the said sums agreed to be paid are hereby made a lien and charge upon the premises herein conveyed. In case of failure of the said grantees to pay within one year after the same shall become due Sue, it shall be lawful for the Treasurer of the Quonsetougcong Central Beach Fire District, its successors and assigns to sell and convey the same premises at Public Auction, first giving notice of such sale in some newspaper published in said County of Washington at least once each week for three weeks prior to the date of such sale or purchase or otherwise. This sale, conveyance is made and subject accepted to the following conditions and restrictions, namely, that: 1. In case of a contemplated sale of said lots or parcels of land or any part thereof Howard L. Thorp and or Nelson H. Thorp, their heirs and assigns shall be given first option to purchase the same and their heirs and assigns shall have the right to purchase the same with the buildings and improvements thereon at the highest bona fide price offered to them and made actually offered to the said grantees, their heirs and assigns. 2. The above conveyed premises shall be used only as a site for one dwelling house on each lot hereby conveyed. The said dwelling house shall be erected on the premises in accordance with the building line as shown on said plat and no building or any portion of buildings or dwelling line house shall be erected within twenty feet of the building line or within twenty feet of more than the building line shall approach the street or road or right of way in any direction. No other garage or any other building or buildings shall be erected thereon; dwelling house when erected on the premises shall be septic tank installed not to exceed one thousand gallons, all toilets, baths, kitches or other drains or sewage outlets shall be piped to said septic tank and said septic tank shall be constructed and 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 in any way obstruct the view of the ocean from the road, nor pruning any trees or shrubs or houses in this colony; shrubs, flowers, and vegetables shall be permitted. 4. No poultry, swine, cattle, noisy vicious dogs or cats or any other noisy or objectionable animals or birds shall be kept or permitted to be kept on said premises.

329 5. The said Quonochontaug Central Beach Fire District, its successors and assigns, reserve 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 a condition as when entered. 6. It is hereby further convenanted, understood and agreed by and between the parties hereto that all the aforesaid restrictions, covenants and agreements on the part of the said grantees, their heirs and assigns on their part to be kept and performed shall touch and concern the premises hereby conveyed, or be deemed so to touch and concern, and made a part of the consideration of this sale and purchase that in case of any violation of the same by the said grantees, their heirs and assigns on the part of said grantees, their heirs and assigns, that the title and fee to said premises shall merge in said Howard E. Thorp and Mary E. Thorp and their heirs and assigns, and he or they may repossess himself or themselves of the premises so granted and its full right, title and interest hereby conveyed shall be forfeited and cease and terminate. 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 12th day of November, 1952. (DOCUMENTARY STAMPS, $1.65) HOWARD E. THORP MARY E. THORP NELSON H. THORP MERLE N. THORP STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly on the 12th day of November, 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. ROBERT M. SMITH (Notarial Seal) Notary Public Received for record November 20th, A. D. 1952 at 9:15 o'clock, a. m., and recorded by [Signature] Town Clerk