9/17/1953 · DEED · book 33 page 631 doc 3635@33/631

631 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 PRESCOTT W. ROSE and RUTH M. ROSE, his wife, both of West Warwick, Kent County, State of Rhode Island, 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 their heirs and assigns forever in fee simple: That certain tract of land in Charlestown, Washington County, Rhode Island, Designated as Lot No. Twenty-one (21) of that plat entitled "Section 2 Se Lea Colony in Charlestown, R.I." dated 1936, by L. Leon Holland, C.E. represents Area of Sea Lea Colony, Surveyed and Platted 1940, Leon L. Holland, C.E. Engineer, Scale 1" = 80', which plat is recorded in the Records of Land Evidence in the Town of Charlestown. This conveyance is made subject to the following restrictions binding upon the said Grantees, their heirs and assigns: 1. Only one private one-family residence and a private garage shall be erected, placed, installed or constructed upon the said lot, or any part thereof, and no part of any building, including porches shall come nearer than twenty (20) feet from Second Street, nor shall any building come near the Lea Avenue or nearer than five (5) feet from the east and north lot lines. 2. No garage shall be used as a residence unless it costs the minimum cost of the residence to be erected on the lot. No tents and no auto trailers shall be erected, placed or maintained on said premise. 3. All toilet and sink drains on said lot shall be connected with cesspools or septic tanks so placed as not to pollute or endanger any drinking water supply, nor pollute the waters of the pond lying there. 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 erected, placed or maintained on said lot costing less than Fifteen hundred ($1500.00) Dollars without the consent of these Grantors. Also a certain strip of land in Charlestown, Washington County, Rhode Island, designated as strip No. Two Hundred Forty (240) on that plat-entitled Sea Lea Colony in Charlestown and South Kingstown, R.I., Property of W. R. Y. Behneke, Numbered Lots represent Area of Sea Lea Colony, Surveyed and Platted 1933, 1934, 1936, 1937, 1938 - Leon L. Holland, Civil Engineer, Scale 1" = 80", which plat is recorded in the Records of Land Evidence in said Town of Charlestown. 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 through Pond or through the marshes of said Will 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 whatsoever. No person may use said premises as sleeping quarters or for a trade or business. Said strip of land shall at all times be kept in neat order and free from any unsightly litter. (c) Said premises are conveyed exclusively for the purpose of giving to the Grantees, who are the owners of the lot described in the preamble above described plat, access to and over the pond. The right granted by this deed shall not be assigned or transferred out of the said Grantees to any one other than a person who is the lessee or tenant of any dwelling house situated on said Lot No. Twenty-one (21) unless it is the express intention of this restriction to prevent the use of this strip of land for any purpose whatever and to prevent other plats and lots from having access to the owner or legal occupants of the dwelling house on said Lot No. Twenty-one (21). (d) Community privileges and paths, and ways of State of Sea Lea Colony adjacent to these strips of land are reserved exclusively for residents of Sea Lea Colony to protect their quiet and peace and enjoyment of their privileges and adjacent plats cannot be granted by owners of lots on Sea Lea Colony to owners on adjacent plats or to any other person. (e) Said strip of land No. Two Hundred Forty (240) must be conveyed with Lot No. Twenty-one (21) and cannot be sold separate and apart from it. Should any attempt be made there after, their heirs, assigns or any person to convey, alien or rent said strip of land No. Two Hundred Forty (240) separately from Lot No. Twenty-one (21) the said Grantors, their heirs and assigns of Two Hundred Forty (240) shall immediately revert to their original owners. The said Grantors, their heirs and assigns reserve to themselves the right to 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

632 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 the manner as aforesaid; that the said Grantees and their heirs and assigns shall by these presents 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 de- mands of all persons, excepting as aforesaid. IN WITNESS WHEREOF, we, Norman L. Behneke, and wife, Marie Rose Yvonne Behneke, have hereunto set our hands this 16th day of September 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 16th day of September 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 in- strument, by them, executed, to be their free act and deed. RICHARD A. BELLIWELL Notary Public Received for record September 17th, A. D. 1953 at 3:55 o'clock, p. m., and recorded by [Signature] Town Clerk ---- We, Walter D. Johnson and Mae E. Johnson, husband and wife, both of Claremont, State of California, for consideration paid, grant to CLAYTON E. RUSSELL, of the Town of Charlestown, County of Washington, State of Rhode Island, with WARRANTY COVENANTS That certain real estate situated in the Town of Charlestown, County of Washington, State of Rhode Island, and described as follows: Those certain lots or parcels of land, laid out and designated as Lots Numbers 557 and 558 on that plat entitled, "Charlestown by the Sea," owned and developed by Thomas F. Reilly, location Charlestown, Rhode Island, Scale 1" - 100 feet, dated July 25, 1934, E. W. Leighton, Civil Engineer, New Haven, Conn. which said plat is filed in the Office of the Town Clerk of said Town of Charlestown. Said lots together form one tract bounded as follows: WESTERLY : by Charlestown Beach Road, on said Map, 55 feet, more or less; NORTHERLY : by Lot #556, on said Map, 111.4 feet, more or less; EASTERLY : by Lot #587, on said map, 55 feet, more or less; and SOUTHERLY : by Thomas Street, on said Map, 111.2 feet, more or less. This deed is subject to restrictions as contained on said Map.