7/7/1953 · DEED · book 33 page 552 doc 3557@33/552

( 552 recross at all times and for all purposes over that certain lot #238 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 these presents to be signed by its President and Treasurer, respectively duly authorized, and its corporate seal to be hereunto affixed at Westerly, Rhode Island, this 3rd day of July 1953. CHARLESTOWN ESTATES, INC. (Corporate Seal) (DOCUMENTARY STAMPS, 55¢) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly on this 3rd day of July, 1953, before me personally appeared Howard E. Thorp, to me known and known by me to be the President of said Corporation, and Nelson H. Thorp, to me known and known by me to be the Treasurer of said Corporation, and they acknowledged said instrument by them executed to be the free act and deed of said Corporation and as well their individual free act and deed. JOHN M. DONN (Notarial Seal) Notary Public Received for record July 7th, A.D. 1953 at 10:10 o'clock, a. m., and recorded by [Signature] Town Clerk ---- STATUTORY FORM OF WARRANTY DEED I, JOHN D. NICHOLS, of the Town of Westerly, County of Washington and State of Rhode Island, for consideration paid grant to HORACE R. HENRY and ALICE M. HENRY, husband and wife, both of Providence, County of Providence and State of Rhode Island, as joint tenants and not tenants in common, meaning the to survivor with WARRANTY COVENANTS. A certain tract or parcel of land situated and located at Quoonocometang Beach, so called, in the Town of Charlestown, County of Washington and State of Rhode Island, bounded and described as follows, to wit: Beginning at a point on the northerly line of Ocean View Avenue, more or less, called, said point being the southwesterly corner of the parcel herein described, and in the southeasterly corner of the land of Richard W. Henry, et ux, thence northerly 114 feet 0 inches (114.0) to the northwesternly corner of the parcel herein conveyed, said point also being the northeasterly corner of said Richard W. Henry, et ux, land, bounded westerly by said Richard W. Henry, et ux, land, thence northerly ninety-three and three-forty ninth hundredths (93.64) feet to the northwesternly corner of the parcel herein conveyed, bounded northerly or northwesterly or northwesterly by land of Y. Crouter, et ux and land of Harriet C. Waterman, thence southeasterly 114 feet 0 inches (114.0) feet, more or less, to the southeasterly corner of the parcel herein conveyed at a point on the northerly line of Ocean View Avenue, bounded easterly by land of Louis C. Saunders, et ux; thence westerly along the northerly line to the point of and place of beginning, bounded southerly by said Ocean View Avenue. Meaning and intending to convey Lot #72 as shown and delineated on a certain plan or plat entitled "Plan of Quoonocometang Central Beach, Charlestown, R.I., Thorp & Trainer, Inc., Agts., scale 80 feet to the inch, October, 1924, Rossi & Lewis, Engrs., revised to September 10, 1929." Said plan of lot being on file in the Town Clerk's office of said Town of Charlestown.

553 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 and upon any and all public rights of way or roads as shown on said plat or plan leading to the beach and also on the lot of any person or persons who shall be on the beach way and any other portions of said plat which might hereafter be designated as public beach way; and said grantees, for themselves, their heirs and assigns, hereby covenant and agree that and with the said grantor his heirs and assigns, that the said grantees, their heirs and assigns shall pay a sum of Ten Dollars for beach way purchase each and every year beginning on and before the first day of August in each year beginning in 1953 to the Quonsetum Central Beach Fire District, its successors and assigns, or on before the first day of August in each year hereafter, the said sum being a yearly fee for the use of the beach way and the use of the facilities of said Fire District, and the said sum shall be at their uncontrolled discretion to the care and maintenance of the roads and other property of said Fire District for public use and for such other purposes as said sum agreed to be paid are hereby made a lien and charge upon the premises hereby conveyed and the heirs and assigns of grantor in case of non payment within one year after the same became due shall it become a lien lawful for the said Quonsetum Central Beach Fire District, its successors and assigns, to sell and convey the premises at public auction, after giving notice of such sale in some newspaper published in said county of Washington once a week for three consecutive weeks, and to become the purchaser or purchasers at said sale. This indemnity is made subject to the following conditions and restrictions, and reservations, namely: 1. In case of a contemplated sale of said lot or parcel of land or any part of developed thereof in short, their heirs and assigns shall be given ten days notice in writing and shall have the first option to purchase the same with building and improvements thereon at the highest bona fide cash price in good faith offered and made actually offered the said grantees, their heirs and assigns. 2. The above conveyed premises shall be used only as a site for one dwelling house on the lot hereby conveyed, such dwelling house shall be erected on the site indicated by the dotted line as shown on said plat, and no portion of any building or buildings or dwelling houses (porch included) shall approach the street or streets or oceanfront nor nearer said salt water than twenty feet; no building or buildings or kind whatsoever approach the side lines of the lot nearer than five (5) feet extensions thereof nor any other building or outbuilding or dependency shall be erected therefore dwelling house when erected on said lot shall cost when completed not less than two thousand five hundred dollars, all suite baths, kitchens or other drains or sewage outlets shall be piped to suitable cesspool or septic tank system constructed and maintained on the above premises by the grantees, their heirs and assigns at their own cost and expense. 3. No division of 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 the ocean to said property or any dwelling house in this colony; shrubs, flowers and vegetables shall be permitted. 4. No poultry, swine, cattle, noisy or vicious dogs or cats or any other noisy or objectionable animals or birds shall be kept or permitted to be kept within said premises. 5. The said Quonsetum 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 other utilities as may be from time to time, always leaving the premises in the good condition as when entered. 6. It is hereby further covenanted, understood and agreed by and between the parties hereto that all the above described conditions, covenants and agreements on the part of the said grantees, their heirs and assigns on their part to be kept and performed are covenants running with the land hereby conveyed; it is further agreed and made a part of the consideration of this deed that in case of any violation of the above conditions or covenants on the part of said grantees, their heirs and assigns, that the entire fee to said premises shall revert to said Howard E. Thorp, his heirs and assigns, or be for the use and benefit of some or themselves of the parties hereby granted and all right, title and interest hereby conveyed shall be forfeited and cease and terminate. I, JOHN D. NICHOLS, covenant that I am a widower. WITNESS my hand this 29th day of June, 1953. JOHN D. NICHOLS (DOCUMENTARY STAMP, $1.10) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly on the 29th day of June, 1953, before me personally appeared John D. Nichols, 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. NELSON H. THORP (Notarial Seal) Notary Public Received for record July 7th, A. D. 1953 at 10:15 o'clock, a. m., and recorded by [Signature] Town Clerk