3/19/1953 · DEED · book 33 page 440 doc 3447@33/440

440 We, EVERETT R. GRAICHEN and wife, LUCY GRAICHEN, both of the City and County of Providence, in the State of Rhode Island, for consideration paid, grant to JAMES A. STEELE, JR. and wife, HELEN S. STEELE, both of the City of Springfield, County of Hampden, in the Commonwealth of Massachusetts, as Joint Tenants and not as Tenants in Common, with WARRANTY COVENANTS, excepting the hereinafter mentioned restrictions and taxes: That certain tract or parcel of land situated in the Town of Charlestown, in the County of Kent, in the State of Rhode Island, comprising the whole of Lots No. 41 and 42 and on that plat entitled "Section No. 1, Range 1, Block 1" in Charlestown, R.I. as surveyed by Graichen & Graichen Co. Clifford R. Stewart, Surveyor, May 1949, Revised June 17, 1949" which plat is recorded in the land evidence records of the Town of Charlestown in Book No. 2, page 43 EXCEPTING, however, from that said Lot No. 42, on said plat, a small parcel of land bounded and described as follows: Beginning at a point on the south line of the road and 250 feet (25.00 feet) easterly from the easterly ending line of Shirley Road West, as measured along the dividing line between lots 41 and 42 on said plat, and running thence easterly along said dividing line 40 feet further easterly to a stake, thence turning an angle of thirty-one and 58/100 (31.58) feet to a stake thence turning an interior angle of 90° and running southward a distance of 40 feet to a stake, thence turning an interior angle of 90° and running westward a distance of 250 feet to a stake, thence turning an interior angle of 66° 51' and running westerly a distance of thirty-nine and 10/100 (39.10) feet to the point of beginning and place of the beginning, the last described line forming an interior angle of 23° 09' with the line first described herein. Said lots are conveyed subject to the following restrictions: 1. No trailer, basement, Quonset hut, shack or temporary buildings may be placed on the land, except as may be necessary for the construction of buildings for residential purposes. 2. No outside toilet shall be erected on the premises, nor shall any signs for advertising purposes be placed or maintained on the premises. 3. No buildings shall be erected, placed, maintained or altered until the plans, their blueprints, specifications and plot plans have been approved in writing by the owners of the lots, their heirs, successors or assigns. 4. No building shall be placed in the front yard. 5. Each house must have a full foundation, said house to be located at least 22 feet from the road, including any projections. 6. No livestock, such as cows, horses, sheep, pigs, goats, poultry animals or poultry kept on or maintained on the premises, other than household pets. 7. Each lot is subject to a yearly assessment of $10.00 (TEN DOLLARS) and one per year for the maintenance of roads and general improvement of said plat. Said assessment is payable on the first day of January of each year and in the event that a homeowners association is formed to take over this function. 8. All structures must comply with county and municipal zoning ordinances and regulations if any such zoning restrictions or conditions herein do not comply strictly therefore it shall not be constructed as a water tower or similar structure. All structures must conform to zoning restrictions and conditions. 9. No fences higher than thirty (30) inches shall be erected or maintained on the premises. Said premises are also conveyed subject to taxes assessed as of December 31, 1952. And I, SYDNEY COHN, of the City of Cranston, County of Providence, in the State of Rhode Island, mortgage said premises in that certain mortgage made by Everett R. Graichen and wife, Lucy Graichen to said SYDNEY COHN, recorded in said office Book 24, page 138, filed December 18, 1952, and I hereby release and discharge in consideration of the sum of $10.00 (TEN DOLLARS) and other valuable consideration stated to be paid, the said premises, and the mortgage described in said mortgage, hereby release and forever quitclaim the said James A. Steele, Jr. and wife, Helen S. Steele, and their heirs, successors and assigns, from any and all right, title, interest, property, claim and demand which I now have or of right ought to have or claim in and to the aforesaid premises, by virtue of said mortgage. It is distinctly understood that the foregoing release by me, the said SYDNEY COHN, shall in no way affect or extinguish my right to sue under said mortgage deed and as security for the sum remaining due thereon or to sell the upper and lower of said terrain containing, or otherwise to enforce the provisions thereof against all the remaining premises not released herein and not released hereto. And we, Everett R. Graichen and wife, Lucy Graichen, do hereby release all our rights of Curtesy and Dower, and all our other right, title and interest, in and the aforesaid premises. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 23rd day of January, A. D. 1953. In presence of: Anthony A. Kemalian Anthony A. Kemalian Anthony A. Kemalian EVERETT R. GRAICHEN (SEAL) LUCY GRAICHEN (SEAL) SYDNEY COHN (SEAL) (DOCUMENTARY STAMPS. $1.65) STATE OF RHODE ISLAND, ETC. COUNTY OF PROVIDENCE In Providence in said County on the 23rd day of January A. D. 1953, before me personally appeared the above named Grantors, EVERETT R. GRAICHEN, and wife, LUCY GRAICHEN, each and all to me known, and known by me to be the parties executing the foregoing instrument, and severally acknowledged said instrument, by them executed to be their free act and deed. ANTHONY A. KEMALIAN (Notarial Seal)

441 STATE OF RHODE ISLAND, ETC. COUNTY OF PROVIDENCE In Providence in said County on the 23rd day of January A. D. 1953, before me personally appeared the above named SYDNEY COHN, to me known and known by me to be the party executing the foregoing instrument, and he acknowledged said instrument, by him executed to be his free act and deed. ANTHONY A. EMALIAN (Notarial Seal) Received for record March 19th, A. D. 1953 at 9:50 o'clock, a. m., and recorded by [?] [?] Town Clerk ---- STATUTORY FORM OF WARRANTY DEED CHARLESTOWN ESTATES, INC., a corporation duly incorporated under the Laws of the State of Rhode Island and having a place of business in the Town of Westerly, County of Washington State of Rhode Island and, for consideration paid grant to MAURICE M. CONNOR and MARGARET M. CONNOR, husband and wife, both of the City of Holyoke, County of Hampden, and Commonwealth of Massachusetts, as joint tenants and not tenants in common, meaning to the survivor with WARRANTY COVENANTS. A certain lot or parcel of land located on the easterly side of Highland Road Q Quonocutaug Beach in the Town of Charlestown, County of Washington and State of Rhode Island and more particularly described as follows: Beginning at a point on the easterly line of Highland Road, said point marking the northwesterly corner of the premises hereby conveyed, and the southeasterly corner of land of John G. Cohn; thence running southerly along the southeasterly shoreline line of Highland Road sixty (60) feet to the southwesterly corner of the premises hereby conveyed, and thence running easterly along the southerly line of the premises hereby conveyed one hundred twenty-five (125) feet to the southwesterly corner of the premises hereby conveyed; thence running northerly along the easterly line of the premises hereby conveyed one hundred twenty-five (125) feet to the northeasterly corner of the premises hereby conveyed said point also being the southeasterly corner of land of John G. Cohn; thence running westerly one right angle and extending one hundred twenty-five (125) feet to the point and place of beginning; the premises hereby conveyed being a part of land of this grantor, substantially partly by the order of this grantor and partly by a fresh water pond. Meaning and intending to convey the lot #495 as shown and delineated on that certain plan or plat entitled "Westerly-Charlestown Conceding, R. I." dated June 1, 1934, by S. B. Harris, Dev. Inc., Leon L. Childress, Civil Engineer, scale 1 inch equals 100 feet, Revised January 1935, said plan being recorded in the Land Evidence Books of the Town of Charlestown. In consideration of the purchase price is it understood and agreed that the following restrictions and reservations shall apply to and run with the land for a period of twenty years from January first, 1953. The above conveyed premises shall be used as a residence only for one family and no other; the residence to be a one story or one and a half story structure not less than thou thousand (1000) dollars, to be built in accordance with the building line twenty-five (25) feet from the street line of Highland Road and not less than twenty-five (25) feet from the street line of the nearest street than building line said residence and any building accessory thereto shall not be located within twenty-five (25) feet of any building line; no building shall occupy the side roads or rear lines of side of lots measuring than three feet, no detached garage or other building shall be erected on the lot; all toilets shall be sanitary flush toilets, and all toilets and sinks must drain into a septic tank or sanitary sewer system, and no drain shall be placed within the pool that is to be installed. The grantees, their heirs, executors, administrators, assigns, licensees, servants or agents shall have the right in common with others to cross over and across Lot #499 as shown on said plat in order to have access to the beach and water and their heirs, executors, administrators, assigns, licensees, servants or agents shall have the right in common with others to install and maintain all lines and for all purposes over that certain Lot #530 to Charlestown Pond as shown on said plat and the twenty-five foot right of way leading from the highway to said lot. IN WITNESS WHEREOF, the said corporation has caused the presents to be signed by its President and Treasurer, hereby duly authorized, and its corporate seal to be hereunto affixed at Westerly, Rhode Island on this 2nd day of March, 1953.