3/24/1953 · DEED · book 33 page 443 doc 3450@33/443

443 STATE OF RHODE ISLAND, ETC.) } County of Washington } In Charlestown, on the ninth day of March, 1953, before me personally appeared Hiram L. Wright and Florence A. Wright, husband and wife, both to me known and by me to be the parties executing the foregoing instrument, and they acknowledged said instrument, by them then executed, to be their free act and deed. LINTON L. BROWN Notary Public Received for record March 20th, A. D. 1953 at 9:16 o'clock, a. m., and recorded by [Signature] Town Clerk ---- STATUTORY FORM OF WARRANTY DEED We, RICHARD D. BROOKS and BERNICE S. BROOKS, husband and wife, both of the City of Springfield, County of Hampden and Commonwealth of Massachusetts, as joint tenants, hereinafter called the grantors, for consideration paid grant to ROBERT D. O'BRIEN and MARGARET S. O'BRIEN, husband and wife, both of the County of Yonkers, County of Westchester and State of New York, as joint tenants and not tenants in common, meaning to the survivor, hereinafter called the grantees, with WARRANTY COVENANTS. A certain tract or parcel of land, together with all the buildings and improvements thereon and including the furnishings therein, located on the southerly side of Neptune Avenue at Quonocutong Central Beach, or called the "City of Yonkers", in the Town of Charlestown, County of Washington and State of Rhode Island, more or less bounded and described as follows, to wit: Lot #24 and the westerly one-half or "lot #25" as shown and delineated on a certain plan or plat entitled "Plan of Quonocutong Central Beach, Charlestown, Rhode Island, The Yonkers Real Estate, Inc. Agents, 80 Feet to the index, October, 1924 Book 234, Page 118, Engraved September 10th, 1929," said Plan on and plat being on file in the Town Clerk's office in said town of Charlestown, said land being situated 300 feet on Hampton street and dedicated and reserved for public use, a road 80 feet wide shall be laid out and maintained as one lot. The grantees, their heirs and assigns, shall have the right in and the right way and easement to pass and sail over, and to sail over, and to run on foot or otherwise, over, and on across those certain rights of way or roads as shown on said plan and as are open to the public highway, and shall further well the rights of way leading to the beach and also the right of way leading from the road west of the road to the beach and any other portions of said plat which might hereafter be designated for public use and the said grantees, their heirs and assigns, shall be liable for the taxes that shall be levied on the said grantees, their heirs and assigns, will and shall pay and transfer to the Quonocutong Central Beach Fire District, its successors and assigns, on or before the first day of August in each year hereafter, the sum of Seven Dollars and Fifty cents (7.50) for the purpose of a fire tax to be used and expended for fire protection by the said Quonocutong Central Beach Fire District, its successors and assigns as a seed to the said fire tax shall be applied to the care and maintenance of the roads and of the other portions that may be designated for public use, and the said taxes shall be a lien and charge upon the land and any improvements on the premises hereby conveyed and in case of the failure to make any payment within one year the said grantees, their heirs and assigns, shall be liable to the said Quonocutong Central Beach Fire District, its successors and assigns, to sell and convey the premises at Public Auction, after giving first notice of such sale and convey the premises at Public Auction, after giving first notice of such sale in some newspaper published in the Town of Charlestown, at least once a week for three successive weeks and to become the purchaser at purchasers at said sale. This 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, his heirs or assigns, shall be given ten days notice in writing

444 and shall have the first option to purchase the same with the buildings and improvements thereon at the highest bona fide price in good faith made and offeredly offered to the said grantees, or their heirs or assigns. 2. The above conveyed premises shall be used as only one site for a one dwelling house on the land and hereby conveyed which dwelling house shall be erected on the premises in accordance with the building lines indicated on said plat, and no portion of any building or dwelling house (porch included) shall approximate the said building lines or extend beyond the same nor shall any building line, or nor shall any building of any nature or kind whatsoever approach the said lines or lot lines by less than twenty five feet; further that no detached garage or other outbuilding or buildings shall be erected thereon; dwelling house erected or to be erected shall be on complete roof let as a single unit; One Thousand Dollars on said premises, all toilets, baths, kitchen or other drain or sump shall be constructed of concrete or suitable material to 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 any structure (other than dwelling house) that shall in any way obstruct the view from any part of any adjoining properties nor any dwelling place in their enclosure; no livestock or vegetables shall be permitted. 4. No poultry, swine, cattle, noisy or vicious dogs, or cats or any other noise or objectionable animals or birds shall be kept or permitted to be kept on said premises. 5. The Quonocutaug Central Beach Private District, its successors and assigns, reserve the right to enter upon the above described and conveyed premises to lay any pipe, cable or conduit or pipe for the purpose of the same, always leaving the premises in as good a condition as when entered. 6. It is hereby further covenanted, understood and agreed by and between the parties hereto that all the aforesaid covenants and covenants and agreements on the part of the said grantors, their successors, heirs and assigns, on their part to be kept and performed, shall attach to and run with the land hereby conveyed, it is further agreed and said grantors do hereby make provision of this said instrument that in case of any violation of the above conditions or covenants on the part of said Grantees or their successors, heirs and assigns the fee simple and to their premises shall revert to the said Howard E. Thorp, his heirs and assigns, and to their may represent the said Howard E. Thorp, and the entire right, title and interest hereby conveyed shall be forfeited and cease and terminate. Meaning and intending to convey the same premises conveyed to the grantors by Howard E. Thorp, by deed dated September 29, 1945, and duly recorded in the Land Evidence Records of said Town of Charlestown in Book #29 at Page #581. Reference to said deed and the record thereof are hereby had and made. Grantees to pay the 1953 Town Taxes due in October, 1953. WITNESS our hands this 21st day of March, 1953. RICHARD D. BROOKS BERNICE S. BROOKS (DOCUMENTARY STAMPS, $11.00) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly on the 21st day of March, 1953, before me personally appeared Richard D. Brooks and Bernice S. Brooks, husband and wife, to me known and known by me to be the parties executing the foregoing instrument, and they acknowledge said instrument, by them executed, to be their free act and deed. NELSON H. THORP (Notarial Seal) Notary Public Received for record March 24th, A. D. 1953 at 10:05 o'clock, a. m., and recorded by [Signature] Town Clerk