The instrument's own words
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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 ACHILLE SAMMARTINO and EMILIA SAMMARTINO, his wife, of the City and County of Providence, Rhode Island, the receipt whereof is hereby acknowledged, do give, grant, bargain sell, and convey unto these Grantees, as joint tenants and not as tenants in common, and their heirs and assigns forever in fee simple:
Those certain tracts of land in Charlestown, Washington County, Rhode Island, known as, situated as and described as Lot No. Four (4), Four-A (4-A) and Five (5) inside Lot No. 4, identified as "Lot No. 4" and "Lot No. 5" line representations area of the Sea Colony, Surveyed and Platted 1933, 1934, 1936, 1937, 1938 - Leon L. Holland, Licensed Surveyor, the said plat is recorded in the Records of Land Evidence of the Town of Charlestown in the Evidence.
The conveyance of Lots Numbered Four (4), Four-A (4-A) and Five (5) 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, maintained or permitted upon Lot No. 4, or any part thereof, and no part of any building including porches, shall come nearer than Twenty (20) Feet from West Wall Street, Five (5) Feet from East and West side Lines, and Five (5) Feet from North Wall Street. The private garage building shall be erected on Lot Four-A (4-A).
2. Only one private, one-family residence and a private garage shall be erected, placed, maintained or permitted upon said Lot No. Five (5), or any part thereof, and no part of any building, including porches, shall come nearer than Twenty (20) Feet from West Wall Street, Five (5) Feet from East and West side Lines and Five (5) Feet from North rear Line.
3. No garage shall be used as a residence unless it costs the minimum cost of the residence to be erected on said lots, and no tents and no auto trailers shall be erected, placed or maintained on said lots.
4. All toilets and sink drains on said lots shall be connected with cesspools or septic tanks, so as not to pollute or endanger any drinking water supply, nor pollute the waters of the sea or any other water on said Plat.
5. Said lots, or any part thereof, shall not be used for any trade of business or commercial purpose or for any public purposes whatsoever.
6. No house shall be erected, placed or maintained on said lots costing less than Fifteen Hundred ($1500.00) Dollars without the written consent of the Grantees.
7. No road, street, avenue or way, public or private, shall be permitted to cross Lots Numbered 4, 4-A or 5, nor shall any part of said lots be used as a foot path.
Also those certain strips of land in Charlestown, designated as Dock Strips Numbered One Hundred Thirty-one (#131) and One Hundred Thirty-eight (138) on the above referred to Sea Colony plat, which plat is also recorded in the Records of Land Evidence in said Charlestown.
These strips are conveyed subject to the following restrictions:
(a) No building other than a dock shall be erected on said strips of land. No pipes shall run from or through land to this Green Hill Pond and nothing shall be maintained on said strips of land which will in any manner pollute the waters of the pond.
(b) No part of said strips of 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 tent. No garbage or refuse of any kind 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 Lots Numbered Four (4) and Five (5) on the above described plat, access to Green Hill Pond and boasting privileges thereon and cannot be leased, shared, rented or the use of said premises in any way be partitioned or given to any lessee or tenant of any dwelling house that may be built on said Lots Numbered Four (4) and Five (5). All rights and privileges pertaining to the use of said strips of land for any purpose whatsoever lay by owners on other plats or any other by anyone other than the owner of legal occupation of the dwelling house or houses on Lot Numbered Four (4) and Five (5).
(d) Community privileges and paths, ways and streets of Sea Colony land adjacent to these strips of land are reserved exclusively for residents of Sea Colony to protect their quiet use and enjoyment of the area and of their privileges and their are cannot be granted by owners of lots on Sea Colony land to any owners with adjacent plats or to any other person.
(e) Said strips of land Lot No. One Hundred Thirty-one (131) must be conveyed with Lot No. Four (4) and said Strip of Land One Hundred Thirty-eight must be conveyed with Lot No. Five (5) and cannot be conveyed, leased or rented separately from said lots. Should any attempt be made by these Grantees, their heirs and assigns, to convey, lease or rent said Strips of land Lot No. One Hundred Thirty-one (131) and One Hundred Thirty-eight (138) separately from said Lot No. Four and Lot No. Five (5) respectively, the fee in said strips of land Numbered One Hundred Thirty-one (131) and One Hundred Thirty-eight (138) shall immediately revert to these Grantors, their
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heirs and assigns and immediate possession may be taken of said land
by them. Failure of said Grantors, their heirs and assigns to enter
and take possession upon such breach shall not constitute a waiver of
their right to do so.
TO HAVE AND TO HOLD the aforegranted premises, with all the privileges and appur-
tenances thereunto belonging, unto and to the use of the said Grantees, as joint tenants
tenancies 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 the same 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 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 this 1st day of April in the year of our Lord One Thousand
Nine Hundred and Fifty-four.
NORMAN L. BEHNEKE
MARIE ROSE YVONNE BEHNEKE
(DOCUMENTARY STAMPS, $1.55)
STATE OF RHODE ISLAND
COUNTY OF WASHINGTON
In South Kingstown on the 1st day of April A. D. 1954, 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. HELLWELL
Notary Public
Received for record April 8th, A. D. 1954 at 11:05 o'clock, a. m., and recorded by
[Signature]
Town Clerk
The page as recorded
