6/24/1954 · DEED · book 34 page 174 doc 3878@34/174

174 STATUTORY FORM OF WARRANTY DEED. We, HOWARD E. THORP and NELSON R. THORP, both of the Town of Westerly, County of Washington and State of Rhode Island, for consideration paid grant to RICHARD 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 Quonocutcong Beach area, in the Town of Charlestown, County of Washington and State of Rhode Island, bounded and described as follows: A line starting at Beginning starting at a drill hole in a stone located on the southerly side of Kennecott avenue as follows: a line running east 145.5 feet to the northeasterly corner of the parcel herein conveyed and also being the northeasterly corner of other land of the grantors; thence running south along the southeasterly side of Kennecott Avenue one hundred eighteen and seventy-three hundredths (118.73) feet to the beginning of a curve; thence continuing east south easterly curve thirty-three and twelve hundredths (33.12) feet to a stone; thence running southerly along the easterly line of Niantic Avenue fifty-three and twenty-three hundredths (53.23) feet to a stone also being the northeasterly corner of the parcel herein conveyed; thence running southeasterly along the southeasterly boundary of other land of Florence R. Friend thence easterly bounded southeasterly by said other land of Florence R. Friend 115.5 feet to a stone also being the southeasterly corner of the parcel herein conveyed thence turning a right angle and extending northerly 118.73 feet to the point of beginning. Said tract or parcel of land is bounded northerly by Kennecott Avenue, easterly by other land of the grantors and southerly by other land of Florence R. Friend and westerly by Niantic Avenue, so all certified. Whereas and intending to convey the same on Plat #235 as shown and delineated on that certain plan or plat entitled, "Plan of Quonocutcong Beach Central, as extended, in February, 1940, Charlestown, R.I., property of M. R. and N. R. Thorp, scale 1 inch equals 50 feet, July 14, 1948, Rossi & Lewis, Engrs." Said grantees, his heirs and assigns shall have the right to pass and repass to and from and over and through any and all roads or ways now or above shown plat or otherwise, and over and across those certain rights of way or roads as shown on a certain plat of Quonocutcong Beach Central, dated October, on that certain plat of Quonocutcong Beach Central, dated October, on that certain plat of Quonocutcong Beach Central, dated October, 1924, revised September 10, 1929," leading to the beach and also the right to use and maintain the same for all purposes as they now are used and for other purposes of said plat which might hereafter be designated for public use; the said grantees, for his heirs and assigns, shall have the right to use and maintain the same for all purposes as they are used, its successors and assigns, on the first day of December in the year eight August in each year after the sum of Five Hundred Dollars ($500.00) is paid to the said successors and assigns and applied to said Quonocutcong Beach Central Fire District, its successors and assigns, in its and their unrestricted use and discretion, and the said roads and other notions shall be used and maintained as they may be designated for public use, and the said sums agreed to be paid are hereby made a lien and charge on the premises herein conveyed, and if not paid within one year after the same shall become due, it shall be lawful for the said Quonocutcong Beach Central Fire District, its successors and assigns, to sell the premises herein conveyed at Public Auction, first giving notices of such sale in some newspaper published in said County of Washington at least once each week for three weeks prior to the date of sale, and the proceeds thereof shall become the purchasers at said sale. This conveyance is made and accepted subject to the following conditions and restrictions: 1. In case of any contemplated sale of said lot or parcel of land or any part thereof Howard E. Thorp and or Nelson R. Thorp, their heirs and assigns shall be given ten days notice in writing and shall have the first option to purchase the same at a bona fide price in good faith made and actually offered to the said grantees, his heirs and assigns. 2. The above conveyed premises shall be used only as a site for one dwelling house on the lot hereby conveyed the dwelling house and any other building shall be erected on the premises in accordance with the building line as shown on said plat and no structure shall be erected on the premises in such a manner as to obstruct or impair the approach the street or streets or ocean front nearer than said building line, nor shall any building of any nature be built on the premises in such a manner as to interfere with the view of the ocean therefore, no detached garage or other outbuilding or buildings shall be erected thereon, dwelling house and all toilets, bath, kitchen or other drains or sewage outlets shall be piped to a suitable cesspool, and the cost of maintaining the same shall be borne by the said grantees, his heirs and assigns at his 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 of the ocean, and any part of the surroundings of said lot or parcel of land, in this colony shore, clubes flow, rivers and vegetables shall be permitted. 4. No poultry, swine, cattle, misery [?] vicious dogs or cats or any other noisy or objectionable animal or bird shall be kept or permitted to be kept on said premises. 5. The said Quonocutcong Beach Central Fire District, its successors and assigns, reserve the right to enter upon the above described and conveyed premises as to lay any pipe out lets pipes or pipe or to repair the same, always leaving the premises in as good condition as when entered. 6. It is hereby further covenanted, understood and agreed by and between the parties hereto that all the aforementioned said conditions, covenants and agreements on the part of the said grantors, their heirs to be kept and performed shall attach to and run with the land hereby conveyed; it is further agreed and made a condition of this conveyance that in the event of any violation of the above conditions and covenants on the part of said grantee, his heirs and assigns, that the title and right to said premises and the land shall revert to said Howard E. and Nelson R. Thorp and their heirs and assigns, and he or they may repossess himself or themselves of the estate hereby granted and all right, title and interest hereby conveyed shall be forfeited and cease and terminate.

175 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 aforesaiddescribed premises. WITNESS our hands this 7th day of June 1954. HOWARD E. THORP MARY E. THORP NELSON H. THORP MERLE N. THORP (DOCUMENTARY STAMP, $1.10) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly on the 7th day of June, 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 June 24th, A. D. 1954 at 3:06 o'clock, p. m., and recorded by [Signature] Town Clerk ---- MORTGAGE DEED I, RICHARD R. FRIEND, of the City of Hackensack, County of Bergen and State of New Jersey for consideration said paid, grant to GUENDOLYN A. ANDREU of Millville, County of Bay and State of Florida, and MARY ERNESTINE McGEE of Starke, County of Bradford and State of Florida, with MORTGAGE COVENANTS, to secure the payment of Four Thousand ($4000) Dollars in Ten (10) years with interest at Five (5%) per centum, per annum, payable semi-annually in advance as provided in a certain negotiable promissory note of even date herewith, in accordance with the terms and tenor of said note. (Description, and Incumbrances, if any) That certain tract or parcel of land together with the Buildings and improvements thereon standing, situated and located at Quonochontaug Beach, said town, in the County of Washington and State of Rhode Island, but bounded and described as follows, to wit: Beginning at a Grill hole in a large stone located on the westerly side of Ningnet Avenue, ly's called, at the southeasterly corner of that parcel of land (400) feet from an iron pipe driven into the ground at the southeasterly corner of that parcel herein conveyed, said point also being the northeasterly corner of said Eight Sherman land; thence running southerly along the course of a creek at an angle extending northeasterly seventy-six and ninety-three hundredths (76.93) feet to an iron pipe driven in the ground at the northeasterly corner of the said parcel herein conveyed; thence running southeasterly along the line of Kenyon Avenue one hundred twenty-one and ninety-nine hundredths (121.99) feet to an iron pipe driven into the ground with a radius of twenty (20) feet; thence easterly, southeasterly and southwesterly along a curve with a radius of twenty (20) feet, thence easterly, southeasterly and southwesterly along a curve with a radius of twenty (20) feet, thence southeasterly one hundred ninety-five (195) feet to the intersection with the westerly line of Ningnet Avenue, so called, thence northwesterly one hundred ninety-five (195) feet along a line of [?] forty-six and seventy-nine hundredths (46.79) feet to the point and place of beginning. Said parcel of land is bounded southerly by land of John P. and Jeannette S. Shore, easterly, northeasterly and westerly by land of the grantor of this mortgage and land of Florence R. Friend, northerly by Kenyon Avenue, so called, and easterly by Ningnet Avenue, so called. Meaning and intending to mortgage Lot #258 as shown on that certain plan or plat entitled, "Plat of Quonochontaug Central Beach as extended February, 1945, Charlestown, R. I., property of E. and M. R. Thorp, scale 1 inch