5/10/1954 · DEED · book 34 page 117 doc 3821@34/117

117 6. It is hereby further covenanted, understood and agreed by and between the parties hereto that all of the aforesaid conditions, covenants and agreements on the part of the said grantees, their heirs and assigns on their part to be kept and performed, shall attach and run with the land hereby conveyed; and it is further agreed and understood that in consideration of this sale and purchase that in case of any violation of the above conditions or covenants on the part of the said grantees, their heirs or assigns, that the title fee simple extending to said premises shall revert to said Howard E. Thorp and/or Nelson H. Thorp, to their heirs and assigns and he or they may enter upon the premises himself or themselves and of the estate hereby granted recover all right, title and interest hereby conveyed which shall be forfeited and cease and terminate. We, Mary E. Thorp and Merle N. Thorp, wives respectively of the grantors, release to the said grantees, all our right of dower, and all other interest in the aforesaid premises. WITNESS our hands this 8th day of May 1954. HOWARD E. THORP MARY E. THORP NELSON H. THORP MERLE N. THORP (DOCUMENTARY STAMPS, 55¢) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly on the 8th day of May 1954, before me personally appeared Howard E. Thorp, Nelson H. Thorp, Mary E. Thorp and Merle N. Thorp, to me known and 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. PAUL W. KEARNEY (Notarial Seal) Notary Public Received for record May 10th, A. D. 1954 at 9:40 o'clock, a. m., and recorded by [Signature] Town Clerk ---- STATUTORY FORM OF WARRANTY DEED. We, HOWARD E. THORP and NELSON H. THORP, both of the Town of Westerly, County of Washington and State of Rhode Island, for consideration paid grant to FLORENCE R. FRIEND, of the City of Hackensack, County of Bergen and State of New Jersey, with WARRANTY COVENANTS. A certain tract or parcel of land, situated and located at Quonochontauch Beach, called "the beach", in the Town of Charlestown, County of Washington and State of Rhode Island, and more particularly described as follows, to wit: Beginning at a point on the easterly side of Niantic Avenue, so called, said point being the northwesterly corner of the parcel herein conveyed, thence running southerly along the easterly side of said Niantic Avenue a distance of one hundred forty (140) feet to the northeasterly corner of the parcel herein conveyed; thence running westerly a distance of one hundred forty (140) feet to the southeasterly corner of the parcel herein conveyed; thence turning a right angle and running northerly a distance of one hundred forty (140) feet to the southwesterly corner of the parcel herein conveyed at a point on the easterly line of said Niantic Avenue, thus enclosing a triangle sixty (60) feet to the point of beginning at the easterly line of Niantic Avenue single extending northerly a distance of sixty (60) feet to the point and place of beginning. Said parcel bounded easterly part by land of Richard R. Friend and partly by land of John P. Sherman and wife, southerly by land of Frank Shroy and wife and northerly by land of Niantic Avenue, so called. Meaning and intending to convey lot #29 as shown on delineated and that certain plan or plat entitled, "Plat of Quonochontauch Central Beach as extended February, 1936, and as shown on Property of H. E. & N. Lewis, Engrs." Scale 1 inch equals 80 feet, July 1948, Rossi & Lewis, Engrs." Said grantee, her heirs and assigns shall have the right to pass and repass to and from and from to said lot or tract on the roads or ways as now existing and across those certain roads or ways as now existing as shown on the above mentioned plat and also on that certain plan or plat entitled, "Quonochontauch Central Beach, dated October, 1924, revised September 10, 1929," leading to the beach and also

118 the right of way leading from the road to the fresh water pond, and any other portions of said Plat which might hereafter be designated for public use; the said grantee, for herself, her heirs and assigns hereby covenant and agree to and with the said grantor, his heirs and assigns, that she, the said grantee, her heirs and assigns, will and shall pay to Quonochontaug Central Beach Fire District, its successors and assigns, on or before the first day of August of each year, the annual sum of Five (5) Dollars of said each lot hereby conveyed; said sum is to be employed by its successors and assigns, in aid of Quonochontaug Central Beach Fire District for purposes of public use, and the said sums and other portions of the plat designated for public use, and the said sums agreed to be paid are hereby made a lien and charge upon the premises hereby conveyed and in case said sum shall not be paid within one year from the date when the same shall become due, it shall be lawful for the said Quonochontaug Central Beach Fire District, its successors and assigns, to sell the said premises or the premises at Public Auction, first giving notice of such sale in some newspaper published in said town of Charlestown at least eight days before such sale, three successive weekends, to some person to be the purchaser or purchasers at said sale. This conveyance is made and subject accepted to the following conditions and restrictions, namely: 1. In case of a contemplated sale of said lot or parcel of land or some part thereof Howard E. Thorp and Nelson H. Thorp, their heirs and assigns, shall be given the first option to purchase, and shall have the first option to purchase the same with the buildings and improvements thereon at the highest bone price given in writing by any one person offered to sell said premises to her heirs and assigns. 2. The above conveyed premises shall be used only and solely as a site for one dwelling house on the lot hereby conveyed, which dwelling house shall be erected on the premises in accordance with the building line as shown on said plat, and no portion of any building or structure (including building house (porch included) shall approach the street or streets or ocean front nearer than said building line nor shall any building or any structure (including porch) be erected side line nor shall any building or any structure (including porch) be erected within five (5) feet therefore; nothing detached garage other side line of the lot shall be erected other than garage, laundry, shed or other outbuildings or buildings shall be erected thereon, meaning no building other than one story high and not more than twenty feet square, not less than one thousand dollars owning, all toilets, baths, kitchen or other drains or sewage outlets shall be connected to a suitable septic system which shall be constructed and maintained on the above premises by the grantee, her 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 anything (except the dwelling house) that shall in any way obstruct the view from any part of the lot to the ocean, nor shall any dwelling house be in any way enclosed by shrubs, flowers and vegetables shall be permitted. 4. No poultry, swine, cattle, noisy or vicious dogs or cats and any other objectionable animals or birds shall be kept or permitted to be kept on said premises. 5. The said Quonochontaug Central Beach Fire District, its successors and assigns, reserves the right to enter on said premises, to maintain, describe and conveyed premises to lay any pipe outlets and pipes or, to repair the same, always leaving the premises in good condition, orderly and clean. 6. It is further covenanted, understood and agreed by and between the parties hereto that all the aforesaid conditions, covenants and agreements on the part of the said grantee, her heirs and assigns, shall be perpetual, to be kept and performed and shall attach to and run with the land hereby conveyed; it is further agreed and made a part of the conditions, covenants and agreements that in case of any violation of the above conditions or covenants on the part of said grantee, her heirs and assigns, that the conditions, covenants and agreements shall revert to said Howard E. Thorp and Nelson H. Thorp, their heirs and assigns, and be, or they may reposemselves himself or themselves of the estate hereby granted in all right, title and interest hereby conveyed shall the said conditions, covenants and agreements terminate. We, Mary E. Thorp and Merle N. Thorp, wives respectively of the grantors, release to the said grantee, all our dower of dower and all other interest in the aforesaid premises. WITNESS our hands this 20th day of April, 1954. HOWARD E. THORP MARY E. THORP NELSON H. THORP MERLE N. THORP (DOCUMENTARY STAMPS, $1.10) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly on the 20th day of April 1954, before me personally appeared Howard E. Thorp, Nelson H. Thorp, Mary E. Thorp and Merle N. Thorp, 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. PAUL M. KEARNEY (Notarial Seal) Notary Public Received for record May 10th, A. D. 1954 at 9:45 o'clock, P. M., and recorded by Town Clerk