The instrument's own words
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WHEREAS, NORMAN L. BEHNEKE and MARIE ROSE YVONNE BEHNEKE, his wife, both of Charlestown, Washington County, Rhode Island, conveyed that certain strip of land in Charlestown, Rhode Island designated as lot numbered two hundred sixty (260) on that plat entitled "Sea Lea Colony in Charlestown and South Kingstown, Rhode Island, property of M. R. Y. Behneke, numbered lots represent area of the Sea Lea Colony, surveyed and platted 1933, 1934, 1936, 1937, 1938 - Leon L. Bolland, Civil Engineer, Scale 1" equals 80", which plat is recorded in the Records of Land Evidence in said Charlestown by a warranty deed dated August 1941 to GEORGE DAWLEY and INGEBORG DAWLEY, his wife, both of Providence, Rhode Island and which deed was never recorded and cannot be found and whereas, GEORGE DAWLEY and INGEBORG DAWLEY did not convey this property during their respective lifetimes, and whereas, INGEBORG DAWLEY predeceased GEORGE DAWLEY, and whereas, GEORGE DAWLEY died in 1946 leaving a will wherein all the rest, residue and remainder of his property and estate, both real and personal, was devised and bequeathed to his niece, MILDRED LOUISE DAWLEY.
Now therefore, we NORMAN L. BEHNEKE and MARIE ROSE YVONNE BEHNEKE, for consideration paid, grant to MILDRED LOUISE DAWLEY of Bedford, Bristol County, Massachusetts, with QUIT-CLAIM COVENANTS:
That certain strip of land in Charlestown, Rhode Island, designated as lot numbered two hundred sixty (260) on that plat entitled, "Sea Lea Colony in Charlestown and South Kingstown, R. I., Property of M. R. Y. Behneke, surveyed and platted 1933, 1934, 1936, 1937, 1938 - Leon L. Bolland, Civil Engineer, Scale 1" = 80", which plat is recorded in the Records of Land Evidence in Charlestown, Washington County, which is conveyed subject to the following restrictions:
No building other than a dock shall be erected on said strip of land. No pipes shall run through or through the dock into Sea Lea Pond, and nothing shall be maintained on this strip of land which will in any manner pollute the waters of the Pond.
No part of said land shall be used for any trade business of or for any commercial or public purpose whatsoever. No person may use said premises as sleeping quarters or as a trailer or automobile camp. Said land shall at all times be kept oil and water free and free from any unsightly litter.
Said premises are conveyed for exclusively exclusively for the purposes of serving as a driveway for the owner of lot #110 on the above described plat access to Green Hill Pond and having boatage rights on Sea Lea Pond. It is further agreed, shared, rented or the use thereof given to any other person who is a person who is the lessee or tenant of any dwelling house on Sea Lea Colony other than lot #110. It is the express intention of this agreement to prevent the use of this strip of land for any purpose whatsoever by any person or persons other than the owner or legal occupants of the dwelling house on said lot #110.
Community privileges and paths, ways and streets of Sea Lea Colony amount to this strip of land and paths are reserved for the residents of Sea Lea Colony to protect their quiet use and enjoyment of these privileges and their use cannot be granted by owners of lots on Sea Lea Colony to lot owners adjacent plots or to any other person.
Said strip of land #260 must be conveyed with lot #110 and cannot be sold separate and apart from it. Should any attempt be made by these grantees, their heirs being assigned or their successors to sell said strip, or to convey it separately from said lot #110, the fee in said strip of land #260 shall immediately revert to these grantors, their heirs or assigns, and immediate possession may be taken of said land by them. Failure of said grantors, their heirs or assigns, to enter and take possession upon such breach shall not constitute a waiver of their right to do so.
WITNESS our hands this 15th day of Sept. A. D. 1954.
NORMAN L. BEHNEKE
MARIE ROSE YVONNE BEHNEKE
STATE OF RHODE ISLAND
COUNTY OF WASHINGTON
In Charlestown, Rhode Island on the 15th day of September, A. D. 1954, before me personally appeared the above named NORMAN L. BEHNEKE, to me known and known by me to be the party executing the foregoing instrument, and he acknowledged said instrument, by him executed, to be his free act and deed.
LINTON L. BROWN
Notary Public
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STATE OF RHODE ISLAND
COUNTY OF WASHINGTON
In Charlestown, Rhode Island on the 15th day of September A. D. 1954, before me person-
ally appeared the above named MARIE ROSE YVONNE BEHNEKE, to me known and known by me to be
the party executing the foregoing instrument, and she acknowledged said instrument, by her
executed, to be her free act and deed.
LINTON L. BROWN
Notary Public
Received for record September 16th, A. D. 1954 at 4:00 o'clock, p. m., and recorded
by [Signature]
Town Clerk
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We, DANIEL N. DEMORRIS and JENNIE E. DEMORRIS, husband and wife, both of the Town
of Charlestown, County of Washington, State of Rhode Island, for consideration paid, grant to
ARNOLD J. SMITH and EDITH SMITH, husband and wife, both of the Town of Johnston, County of
Providence, State of Rhode Island, as Joint Tenants and not as Tenants in Common, with
WARRANTY CONVEYANTS
Those certain lots or parcels of land, situated in said Town of Charlestown, County of
Washington, State of Rhode Island, laid out and designated as Lots Numbers 559 and 558 on that
plat entitled, "Charlestown by the Sea," owned and developed by Thomas F. Reilly, location,
Charlestown, Rhode Island, Scale 1" = 100 feet dated July 25, 1934, E. W. Leighton, Civil
Engineer, New Haven, Conn.," which said plat is filed in the Office of the Town Clerk, said
Town of Charlestown. Said lots together form one tract bounded as follows:
WESTERLY : by Charlestown Beach Road, as shown on said plat, 55 feet, more
or less;
NORTHERLY : by Lot #556, as shown on said plat, 111.4 feet, more or less;
by Lot #557, as shown on said plat, 55 feet, more or less; and
EASTERLY : by Thomas Street, as shown on said plat, 111.2 feet, more or less.
SOUTHERLY : by Thomas Street, as shown on said plat, 111.2 feet, more or less.
This subject to records as restrictions on said plat.
Being the same premises conveyed by deed of Clayton E. Russell to these Grantors; said
deed bearing date of October 6th, 1953 and recorded in the Records of Land Evidence, said Town
of Charlestown, Book 33 at Page 65.
WITNESS our hands this 18th day of September, 1954.
DANIEL N. DEMORRIS
JENNIE E. DEMORRIS
No Internal Revenue Stamps required
STATE OF RHODE ISLAND, ETC.)
}
County of Washington {
In Charlestown, on the 18th day of September, 1954, before me personally appeared
Daniel N. DeMorris and Jennie E. DeMorris, husband and wife, 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.
LINTON L. BROWN
Notary Public
Received for record September 18th, A. D. 1954 at 1:05 o'clock, p. m., and recorded by
[Signature]
Town Clerk