6/10/1954 · DEED · book 34 page 158 doc 3864@34/158

158 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) Dollars, to us paid by ROBERT H. RALSTON and HELEN RALSTON, his wife, both of East Hartford, Hartford County, State of 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 their heirs and assigns forever in fee simple: That certain tract of land in Charlestown, Washington County, Rhode Island, designated as Lot No. Forty-eight (48) on that plat entitled, "The Sea Colony in Charlestown and South Kingston, R. I., Property of M. R. Y. Behneke, showing the Approximate Area of Sea Lea Colony, Surveyed and Platted 1933, 1934, 1936, 1937, 1938" - Leon L. Holland, Civil Engineer, Scale 1" = 200', 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, maintained or permitted upon said lot, to any part thereof, and no part of said residence, including porches, shall come nearer than Fifteen (15) feet from the Sea Lane Avenue on the North line, and Five (5) feet from the East and West side lot lines. 2. No garage shall be used as a place of business unless it costs the utmost minimum cost of the residence to be erected on said lot, and no tents and no auto trailers shall be erected, placed or constructed or maintained on said premises. 3. All toilet and sink drains on said lot shall be connected with cesspools or septic tanks, so placed and constructed as not to pollute or endanger any drinking water supply, nor to 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 nuisance whatsoever. 5. No house shall be erected, placed or maintained on said lot costing less than Fifteen Hundred Dollars ($1500.00) Dollars without the written consent of these Grantors. Also, that certain strip of land in South Kingston, designated as Dock Strip One Hundred Fifty-four (154) on the above referred to Sea Lea Colony plat, which plat is recorded in the Records of Land Evidence in the Town of South Kingston. 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 piles shall be put in the water from the dock to Green Hill Bound 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 purpose whatsoever. No person may use said premise as sleeping quarters or for a trailer or tent and no boats shall at all times be kept in her or for a trailer or tent or in any unsightly litter. (c) Said premises are conveyed exclusively for the purpose of giving to the Grantees, who are the owners of Lot No. Forty-eight (48) on the above described plat, access to Green Hill Pond and the right of passage thereon and cannot be leased, rented, hired or use the right thereof given to any one other person than a who the lot is leased or rented to, provided that it may be used by all the owners on other plats and by anyone other than the owner or legal occupants of the dwelling house on said Lot No. Forty-eight (48). It is the express intention of this restriction to prevent the use of this strip of land as a public thoroughfare whatsoever to any persons or others plats and by anyone other than the owner or legal occupants of the dwelling house on said Lot No. Forty-eight (48). (d) Community privileges and paths and ways of Sea Lea Colony adjacent to these strips of land are reserved exclusively for employees of Sea Lea Colony these use cannot be granted to any other person. The Colony or Colony lot owners on adjacent plots or to any other persons. (e) Said strip of land, One Hundred Fifty-four (154) must be conveyed with Lot No. Forty-eight (48) and not be sold separately or apart from it. Should any attempt be made by these Grantees, their heirs and assigns, to convey, lease or rent said strip of land or any part thereof (said One Hundred Fifty-four) from said Lot No. Forty-eight (48), the fee in said strip of land No. One Hundred Fifty-four (154) shall immediately revert to the Grantors, their 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 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 reserve for ourselves and for our heirs, executors,

159 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 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 9th day of June in the year of our Lord One Thousand Nine Hundred and Fifty-four. (DOCUMENTARY STAMPS, $1.10) NORMAN L. BEHNEKE MARIE ROSE YVONNE BEHNEKE STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Charlestown on the 9th day of June A. D. 1954, before me personally appeared NORMAN L. BEHNEKE and wife, MARIE ROSE YVONNE BEHNEKE, both to me 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. LINTON L. BROWN Notary Public Received for record June 10th, A. D. 1954 at 9:05 o'clock, a. m., and recorded by [Signature] Town Clerk ---- KNOW ALL MEN BY THESE PRESENTS: That We, JAMES E. REAY and SHIRLEY A. REAY, husband and wife, both of the Town of Charlestown, County of Washington and State of Rhode Island, (hereinafter called the mortgagors), in consideration of FOUR THOUSAND and 00/100 ($4000.00) Dollars to be paid by THE WASHINGTON TRUST COMPANY, a Corporation created by Act of the General Assembly of the State of Rhode Island, located and having its principal office and place of business in the Town of Westerly, County of Washington and State of Rhode Island, the receipt whereof is acknowledged, do hereby grant, bargain, sell and convey unto the said WASHINGTON TRUST COMPANY, its Successors and Assigns, forever, Those certain lots or parcels of land, together with any and all buildings and improvements located thereon, situated in the Town of Charlestown, County of Washington, State of Rhode Island, shown and designated as Lots Numbers 9, 10, 11 and 12, on a "Map of Charlestown by the Sea, Charlestown, Rhode Island, owned and developed by Thomas P. Reilly, Scale 1" = 100 feet, dated July 25, 1934, K. W. Leighton, Civil Engineer, New Haven, Connecticut," and filed in the Office of the Town Clerk, said Town of Charlestown. Said lots form one tract bounded as follows: NORTHERLY : by Green Hill Road, as shown on said Map, One Hundred (100) feet, more or less; EASTERLY : by lot 8, as shown on said Map, 148.22 feet, more or less; SOUTHERLY : by Lots 48,49, 50 and 51, a distance of One Hundred (100) feet, more or less; and