12/22/1954 · DEED · book 34 page 361 doc 4072@34/361

361 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 any adjoining property, nor any building place in this colony; shrubs, flowers, and vegetables shall be permitted. 4. No poultry, swine, cattle, noisy dogs or cats or any other noisy or objectionable animals or beasts shall be kept or permitted to be kept on said premises. 5. Howard E. Thorp, his heirs and assigns, reserve the right to enter upon the above described premises to lay any pipes or pipes, or wires, or to make any same, and to keep them leaking in as good order and condition as when entered. 6. It is hereby covenanted, understood and agreed by and between the parties hereto that all the aforesaid conditions, covenants and agreements on the part of the said grantors, to be performed by them or their heirs to their pact to be kept and performed, shall attach to and run with the land hereby conveyed; provided that if further agreed and made a part of the terms of this or any future sale and purchase in case of violation of the terms of the above conditions or covenants on the part of said grantees, or their heirs or assigns, the said fee and to said grantor, Howard E. Thorp, his heirs and assigns, and he or they may repossess himself or themselves of the land hereby granted and conveyed, and title, and interest of the said grantees shall be forfeited and cease and terminate. Meaning and intending to convey the same premises conveyed to this grantor and John H. Phillips as Joint tenants by Deed dated May 10, 1939 and duly recorded in the Land Evidence Records of Charlestown in Book 267 at Page #635. Said John H. Phillips having deceased September 17, 1948 in the Town of Charlestown, Rhode Island. I, VIOLA G. PHILLIPS, covenant that I am a widow. WITNESS my hand this 18 day of October 1954. VIOLA G. PHILLIPS (DOCUMENTARY STAMPS, $8.25) STATE OF RHODE ISLAND COUNTY OF PROVIDENCE In Cranston on the 18 day of October 1954, before me personally appeared VIOLA G. PHILLIPS, 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. EDWIN H. ELLINWOOD (Notarial Seal) Notary Public My Commission expires June 30, 1956. Received for record December 22nd, A. D. 1954 at 1:40 o'clock, p. 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, as joint tenants, for consideration paid grant to BEATRICE H. TWINAME, of Pleasantville, County of Westchester and State of New York, with WARRANTY COVENANTS. A certain tract or parcel of land situated and located at Quonocutong Beach, so called in the Town of Charlestown, County of Washington and State of Rhode Island, and bounded and described as follows, to wit: Lot #101 as shown and delineated on that certain plan or plat entitled, "Plan of Quonocutong Beach, Central Rhode Island, R. I., Thorp & Trainer, Inc., Agts., scale 100 feet to the Inch, October 1924, Rossi & Lewis, Engrs.," recorded volume 1959, said Plan being on file in the Town Clerk's office in said Town of Charlestown. Said grantees, their heirs and assigns shall have the right to pass and repass to and from said lot or tract on foot or otherwise, over and on across, and across those certain rights of way or roads as shown on said plat to reach the beach and also the right of way shown on said plat leading to the fresh water pond, and any other portions of said plat which might hereafter be designated for public use; the said grantees, for herself, her heirs and assigns hereby conveys covenant to and with the said grantors, their heirs and assigns, that the said grantees, her

862 heirs and assigns will and shall pay to Quonocutaug Central Beach Fire District, its successors and assigns, on or before the first day of August in each year, an annual sum of Five (5) dollars for each lot hereby conveyed, said sum to be used and applied by the said Quonocutaug Central Beach Fire District, its successors and assigns, in such manner as shall be directed by the committee for maintenance of the roads and other portions that may be designated for public use, nor shall the annual sum aforesaid be hereby made a lien upon and charge upon the premises hereby conveyed, and in case of failure to make any payment as aforesaid for two years, the said sum aforesaid, it shall be lawful for the said Quonocutaug Central Beach Fire District, its successors and assigns, to sell the said lot or convey the said lot at public auction, first giving notice of such sale in some newspaper published in said Goshen [?] for two weeks, and one week before the purchase at said sale, successors said sale, and to become the purchaser or purchasers at said sale. This conveyance is made and subject to the purchase and fulfillment of the said restrictions and covenants. 1. In case of a contemplated sale of said lot or parcel of land or any part thereof, Howard E. Thorp, his heirs and assigns, shall be given ten days notice, in writing, and shall have the first option to purchase the same with the buildings and improvements thereon at the highest bona fide price for which the said grantor, his heirs and assigns, can sell the said grant, his heirs and assigns. 2. The above conveyed premises shall be used only as a site for one dwelling house of the said hereby conveyed, which dwelling house shall be erected on the premises, in accordance with the dwelling line as shown on the plat, and no portion of any building or structure, dwelling house (porch included) shall no portion of any building or structure, dwellings or ocean front manner shall be subject above the street or shoreline or ocean front manner shall be subject side lines or any building of any structure shall be within twenty feet wherever applicable side lines or any building of any structure shall be within five feet therefore: no detached garage or other outbuilding or buildings shall be erected closer than three feet therefore, sewage disposal system shall be installed in accordance not completed less than three thousand (3000) dollars, all toilets bath, kitchen or other sink or drain or sewage outlet shall be connected to a cesspool or septic tank to be constructed and maintained on the above premises by the grantees, her heirs and assigns at their expense. 3. No division of side walls, hedge fences or fences shall be permitted, nor any trees of any kind, nor anything (except the dwelling house) that shall in any way obstruct the view from any part of any adjoining property, nor any dwelling house in this lot. Shrubs, flowers and vegetables shall be permitted. 4. No poultry, swine, cattle, noisy or vicious dogs dogs or cats or any other noisy or objectionable animals or birds shall be kept or permitted to be kept on the 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 outlets or pipes or wires or the same, always leaving the premises in as good a condition as was entered. 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 grantees shall attach to and run with the land hereby conveyed and in the event that any violation of the above conditions or covenants on the purchase is further agreed and made a part of this conveyance that the title to the said lot in said premises shall revert to Howard E. Thorp, his heirs and assigns, and he or they may repossess himself or themselves of the estate hereby granted as if the said grant, his heirs and assigns, hereby conveyed shall be forfeited and cease and terminate. Meaning and intending to convey the same premises conveyed to these grantors by Michael D. [?] by deed dated December 22, 1952 and duly recorded in the Land Evidence Records of said Town of Charlestown in Book #33 at Page #368. We, Mary E. Thorp and Merle N. Thorp, wives respectively of the grantors, release to said grantees, all our right of owner and all other interest in the aforesaid premises. WITNESS our hands this 26th day of November 1954. HOWARD E. THORP MARY E. THORP NELSON H. THORP MERLE N. THORP (DOCUMENTARY STAMPS, $2.75) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly on the 26th day of November, 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. ROGERS E. TRAINER Notary Public (Notarial Seal) Received for record December 22nd, A. D. 1954 at 1:41 o'clock, p. m., and recorded by [?]