8/25/1953 · DEED · book 33 page 613 doc 3615@33/613

613 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 us paid by JOHN H. SVENDSEN and FLORENCE H. SVENDSEN, his wife, both of Newton, Connecticut, 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 to their heirs and assigns forever in fee simple : Also that certain tract of land in Charlestown Washington County, Rhode Island, designated as Lot No. Sixty-five (65) on that plat entitled "Sea Lea Colony in Charlestown and South Kingstown, R.I.," Property of M. L. Behneke Washington County Representative of Sea Lea Colony, surveyed and Platted 1933, 1934, 1936, 1937, 1938 - Leon L. Leohann, Civil Engineer, Seals & Plats Book 1, page 12 recorded in the Records of Land Evidence in the Town of Charlestown. This conveyance is made subject to the following restriction 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 permitted on said up-lot, and any part thereof not within 50 feet of the tidewater, including porches shall be more nearer than twenty (20) feet from the Street, Fifteen (15) feet from wall Street nearer or nearer than five (5) feet from the East and south lot lines. 2. No garage shall be used as a residence unless it unites the casa cost of the residence to be located on said up-lot, and no tents and no auto trailers shall be erected, placed or maintained on said premises. 3. All toilet and sinks and drains on said lot shall be connected with cesspools, not to leak into the soil or groundwater, nor discharge any drinking water supply, nor pollute the waters along 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 purposes whatsoever. 5. No house shall be constructed or maintained on said lot costing less than Fifteen Hundred ($1500.00) Dollars without the consent of the Grantors. Also that certain strip of land in South Kingstown, Washington County, Rhode Island, assigned as Strip No. Two Hundred Nine (209) on the above referred to Sea Lea Colony plat, which plat is also recorded in the Records of Land Evidence in said town. 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 maintained 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. No person may use said premises as sleeping quarters or for a trailer or tent. This strip of land shall at all times be kept in neat and proper order free from any unsightly litter. (c) Said premises are conveyed exclusively for the purpose of giving to the Grantees, who are the owners of Lot Sixty-five (65) on the above described plat, access to Green Hill pond and boating privileges thereon and cannot be leased, shared or used by any person or persons other than a person who is the lessee or tenant of any dwelling house that may be built on said Lot No. Sixty-five (65). The spirit and intention of this restriction to prevent the use of this strip of land for any purpose whatsoever except by the owners or tenants of the dwelling house other than the owner or legal occupants of the dwelling house on said Lot No. Sixty-five (65). (d) Community privileges and paths, ways and streets of Sea Lea Colony adjacent to this strip of land are reserved exclusively for residents of Sea Lea Colony to protect their quiet and peaceable enjoyment of the privileges of Sea Lea Colony and shall not be granted by owners of lots on Sea Lea Colony to lot owners on adjacent plats except to their own persons. (e) Said strip of land No. Two Hundred Nine (209) must be conveyed with Lot No. Sixty-five (65) and cannot be sold separate and apart from said Lot any attempt to make the same separate and apart or assign it to convey more or rent said strip of land No. Two Hundred Nine (209) separately from said Lot No. Sixty-five (65) shall be null and void and said Two Hundred Nine (209) shall immediately revert to said Grantors, their heirs and assigns and immediate possession may be taken by said Grantors at any time and occasion that their heirs and assigns enter and take possession upon such breach shall not constitute a waiver of their right to do so. TO HAVE AND TO HOLD the aforementioned 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, excepting as aforesaid; that we have good right, full power and lawful authority to sell and convey the same in manner as aforesaid; that the said Grantees and their heirs and assigns shall by these present 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 wife, MARIE ROSE YVONNE BEHNEKE, have hereunto set our hands and seals this 25th day of August in the year of our Lord one thousand nine hundred and fifty-three. NORMAN L. BEHNEKE MARIE ROSE YVONNE BEHNEKE (DOCUMENTARY STAMP, $1.10) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In South Kingstown on the 25th day of August A. D. 1953 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 they acknowledged said instrument, by them executed, to be their free act and deed. RICHARD A. HELLINGWELL Notary Public Received for record August 25th, A. D. 1953 at 2:00 o'clock, p. m., and recorded by [Signature] Town Clerk