8/31/1954 · DEED · book 34 page 266 doc 3969@34/266

266 STATUTORY FORM OF WARRANTY DEED. We, HOWARD E. THORP and NELSON H. THORP, both of the Town of Westerly, County of Washington state and State of Rhode Island, for consideration paid grant to HOWARD K. PORTER and EFFIE MCD. PORTER husband and wife, both of Ridgewood, County of Bergen and State of New Jersey, as joint tenants and tenants in common, meaning to join in the survivorship, with WARRANTY COVENANTS. A certain tract or parcel of land situated and located at Quonocutaug Beach, so called, in the Town of Charlestown, County of Washington, State of Rhode Island, and bounded and described as follows, to wit: Beginning at a point on the southerly side of proposed Lucas Avenue, said point being the northeasterly corner of the first parcel herein conveyed; thence westerly along the said Avenue to the northeasterly corner of Lucas Avenue one hundred twenty (120) feet to the northwesterly corner of the parcel herein conveyed, said point being thence turning a right angle and running southeasterly one hundred twenty (120) feet to the southwestern corner of the parcel herein conveyed, said point being also the easterly northerly corner of the first parcel of land or thereabouts now owned by the heirs of the late Sarah D. Squier and wife; thence turning a right angle and extending easterly a distance of one hundred twenty (120) feet to the northeasterly corner of the first parcel herein conveyed, said point being also the northeasterly corner of the other parcel of land or thereabouts now owned also the martherly the northeasterly corner of other land of thereabouts one hundred twenty (120) feet to the point of beginning. Bounded northerly by proposed Lucas Avenue, and by others; containing in all approximately 0.06 acres or thereabouts and bounded by other land of these grantees. Meaning and intending to convey lots 297 and 298 as shown and delineated on that certain plan prepared by G. S. [?] and filed as Quonocutaug Central Beach as early as February 25, 1945, Charlestown, R. I., property of H. E., and N. H. Thorp, scale 1 inch equals 60 feet, July, 1945, Recd Book 3, Page 1, [?] [?]. Said grantees, their heirs and assigns shall have the right to pass and repass at any time and from any street, road, way or tract or foot on otherwise, over and across and free and clear of all obstructions on the above described plot and according certain rights of way or roads or streets shown on the above mentioned plat and also on that certain map entitled, "Quonocutaug Central Beach, Plat," dated October 24, revised September 10, 1929," leading to the Beach and also the right of way over and across the salt water pond, and any other portions of said plat which might hereafter be designated for public use, the right of way being perpetual and forever free and clear of any charge or encumbrance to and with the said grantees, their heirs and assigns, that the said grantees, their heirs and successors and assigns, on or before the first day of August in each year, hereafter the sum of $1.00 per lot or lots for each lot being thereby said sum to be computed and paid in full by the said Quonocutaug Central Beach Fire District, its successors and assigns, and in the absence of such payment, and on such portions of said plat which might hereafter be designated for public use, and the said sums agreed to be paid on said date, and in case of a lien or charge on said property, the said Fire District, its successors and assigns will make payment within one year after the same shall have become due, but in default of such payment the said Fire District, its successors and assigns will convey the same premises at public auction, first giving notice of such sale to the owners, in said County of Washington, R. I., at least once a week for three successive weeks and become to the purchaser at said sale. This conveyance is made and accepted subject to the following terms, conditions and restrictions, namely: 1. In case of a contemplated sale of said lots or parcel of land or any part thereof, Howard E. Thorp and or Nelson H. Thorp, their heirs and assigns, shall be given ten days notice in writing and shall have the first option to purchase the same ten days from and after said notice, at the same price and on the same right and terms with the buildings and improvements thereon at whatever time said option is exercised, their heirs and assigns. 2. The above conveyed premises shall be used only as a site for one dwelling house only on each lot hereby conveyed, which dwelling house shall be erected or constructed in accordance with the regulations of the town, the plat and in no part of any building or buildings or dwelling house (including porch) shall approach the street line at variance with or contrary to the plat, and no other building or structures of any nature and kind whatsoever approach the side lines of the lots nearer than five (5) feet; further provided that no building or structure shall be erected or constructed thereon; dwelling house when erected on said lots shall cost when completed not less than one thousand dollars, all buildings and structures, kitchen or other dependency buildings, and toilets shall be piped to a suitable cesspool or septic tank to be constructed and maintained on the above premises by the grantees, their heirs and assigns. 3. No division or line walls, hedges or fences shall be permitted. Nor trees of any kind, nor anything (except the dwelling house) that in any way obstruct the view from any part of the street or road to the dwelling house in colony; shrubs, flowers, vegetables shall be permitted. 4. No poultry, swine, cattle, noddy or vicious dogs or cats or any other noisy or objectionable animals or birds shall be kept or permitted to be kept on said premises. 5. The said Quonocutaug Central Beach Fire District, its successors and assigns reserve the right to enter upon the above described and conveyed premises to lay any pipe conduit or pipe and 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 aforesaid conditions covenants and agreements on the part of

267 the said grantees, their heirs and assigns on their part to kept and performed shall inure to and avail them and their heirs the land hereby conveyed; it is further agreed and made a part of the consideration of this sale and purchase that in case of any violation of the above conditions or covenants on the part of said grantees, their heirs and assigns, that the title and fee to said premises shall revert to said Howard E. Thorp and on Nelson H. Thorp, their heirs and assigns, and that they may repossess said premises themselves or their heirs hereby granted and all right, title and interest hereby conveyed shall be forfeited and cease and terminate. We, Mary E. Thorp and Merle N. Thorp, wives respectively of the grantors, release to said grantees, all our right of dower and all other interest in the aforesaid premises. WITNESS our hands this 24th day of June 1954. (DOCUMENTARY STAMP, $1.10) HOWARD E. THORP MARY E. THORP NELSON H. THORP MERLE N. THORP STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly on the 24th 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 August 31st, A. D. 1954 at 3:00 o'clock, p. m., and recorded by [Signature] Town Clerk ---- STATUTORY FORM OF WARRANTY DEED I, ANGIE M. FONTANA, of the Town of Westerly, in the County of Washington and State of Rhode Island, widow of Charles L. Fontana and at present unmarried, for consideration paid, grant to EDWARD L. MARTIN and HELEN C. MARTIN, husband and wife, both of the Town of Stonington, in the County of New London and State of Connecticut, and unto the survivor of them as Joint Tenants, and not as Tenants in Common, with WARRANTY COVENANTS, two (2) contiguous lots or parcels of land located at East Beach, Quonochontaug, in the Town of Charlestown, County of Washington and State of Rhode Island, bounded and described as follows, viz: FIRST LOT: Lot number Sixty-three (#63) as shown and delineated on a Plan entitled "Plan of Lot #63 in Town of Charlestown, R. I.," prepared by Bassner- Holl Fee Realty Co., Surveyors, Beacon Falls, Connecticut, Civil Engineer, P. O. Address, Wakefield, R. I., Revised Sept. 1930", filed in the office of the Town of Charlestown said Plan being a part hereof. Said lot and the rectangular of being hereby expressly made a part hereof. SECOND LOT: A parcel of land adjoining said lot #63 on the north, partly or potentially partly covered by water, beginning at the southeasterly corner of the tract herein described, said corner being the northeasterly corner of said lot #63 then turning northerly a distance of 90° 00' with atherly side of lot #63 then turning northerly a distance of two hundred eight (208) feet, more or less, to the shore of Charlestown Pond; then continuing southerly with the shore of said Charlestown Pond, then continuing north- shore of said Pond, a distance of fifty (50) feet, more or less, then turning north- east corner of land belonging to the heirs of the estate of Harold and Florence M. Jones; then running southerly a distance of two hundred five (205) feet, more or less, to the northerly line of said lot #63, then turning westerly west by said Jones Land; thence turning an angle of 90° 00' and running easterly a distance of fifty (50) feet to the point and place of beginning, this last course also being the northerly line of said lot no #63.