2/7/1955 · DEED · book 34 page 397 doc 4108@34/397

397 We, Henry K. Mook and Harriet D. Mook, of the Town of Charlestown, County of Washington, State of Rhode Island, for consideration paid, grant to George L. and Lillian Palermo, of the Town of Washington, County of Kent, State of Rhode Island with WARRANTY COVENANTS that certain tracts or parcels of land at "Tockwotten Subdivision," so called, situated in the Town of Charlestown, County of Washington, State of Rhode Island, bounded and described as follows: FIRST TRACT: DESCRIPTION OF LOT NO. 1, TOCKWOTTEN SUBDIVISION, CHARLESTOWN, RHODE ISLAND Beginning at an iron pin set in the southerly line of Tockwotten Road, said point marking the northwesternmost corner of the tract herein described; as shown on a plat entitled, "Tockwotten Subdivision, Charlestown, Rhode Island," thence running an interior angle with said southerly line of Tockwotten Road of 90° 00' and running southeasterly a distance of 74.12 feet to a point of curvature; thence running an arc to a point of curvature, radius of 100.00 feet and curvature, thence running an arc of the circle with a chord of 43.55 feet; thence running southeasterly a distance of 78.21 feet; thence turning an interior angle of 90° 00' and running southeasterly a distance of 100.00 feet; thence turning an interior angle turning an interior angle of 90° 00' and running northeasterly a distance of 116.73 feet to the point and the place of beginning. This tract is bounded on the north by Hasen Street, on the east by other land of the grantor, on the south by land of Evelyn D. Bliven and on the west by Tockwotten Road. SECOND TRACT: DESCRIPTION OF LOT NO. 2, "TOCKWOTTEN SUBDIVISION, CHARLESTOWN, RHODE ISLAND" Beginning at a point in the southerly line of Hasen Street, said point marking the northwesternmost corner of the tract herein described and also the northeasternmost corner of Lot No. 1 as shown on a plat entitled, "Tockwotten Subdivision, Charlestown, Rhode Island," thence running easterly along the southerly line of Hasen Street a distance of 100.00 feet and running southeasterly a distance of 100.00 feet thence turning an interior angle of 90° 00' and running southeasterly a distance of 100.00 feet turning an interior angle of 90° 00' and running northeasterly a distance of 100.00 feet; thence turning an interior angle of 90° 00' and running northerly a distance of 100.00 feet; and with said southeasterly line a distance of 100.00 feet to the point and the place of beginning. This tract is bounded on the north by the southerly line of Hasen Street, on the east by other land of the grantor, on the south by land of Evelyn D. Bliven and on the west by Lot No. 1 as shown on the above mentioned plat. Said premises are conveyed subject to the following restrictions: 1. That only one private, one-family residence and private garage shall be erected, placed, maintained or situated on said lot; provided, however, that this restriction shall not be construed to prevent the erection of one house party on this one lot and only one parting on an adjoining lot; and further that no part of any building, including porches, steps or stoops, be built on said lot nearer than 15 feet from the front street line; 5 feet from the side lines of said adjoining property; and 10 feet from any rear property line. 2. That no garage shall be used as a residence unless it costs the amount the cost of the residence to be erected or maintained on said lot; that no tents, temporary buildings, house boats or auto trailers, for sale signs [?] contained but temporary buildings built in sections be erected, placed, maintained or moved and on the said lot or buildings constructed or erected from used or salvaged material (except that the outside walls be constructed of new material); that no roofs and eaves of any of the buildings shall be covered with materials other than tar, felt, shingle or sheet metal paper or roofing. Exceptions to this restriction shall be granted, if so ordered, provided that first written permission be given by the Grantors. 3. That all toilets and sink drains on said lot shall be connected with cesspools or septic tanks so as to prevent pollution or endanger any existing or future water supply, nor to permit the water alarming [?] flow into any outlet bodies to be erected, or maintained. 4. That said tract or any part thereof, shall not be used for any trade or business or commercial purpose or for any public purpose whatsoever, except that the Grantors expressly reserve the right for themselves their successors and assigns, to set apart for public benefit or public use any portion of said plat. 5. That no house or dwelling shall be erected, placed or maintained on said plat costing less than $1000 without the written consent of the Grantors. 6. That community privileges and paths, ways streets docks, on said Tockwotten Subdivision adjacent to this land are reserved exclusively for the residents of said Tockwotten Subdivision Plat, for their use, comfort, quiet and peaceable enjoyment of these privileges; their use cannot be granted by owners of lots on said Tockwotten Subdivision to persons other than owners of lots on said Tockwotten Subdivision, and no building or obstruction of any kind may be placed on any land set apart for community purposes without the written consent of these Grantors. 7. That the Grantors shall have the right, if they so elect, to cut and keep clear of brush the land of the Grantee, until such time as the Grantee improves said property as set forth in the restrictions herein. In case the Grantee shall violate or fail to carry out any or all of the stipulated conditions, proceedings to enforce compliance therewith by injunction or other suit

398 or otherwise be bought, at the option of the Grantors. Any Grantee or Grantees of other lots bought under the same conditions may proceed similarly. No action taken to enforce the rights provided herein or such other proceedings as may be deemed necessary, shall be held to be a waiver of any of the rights in the Grantors or in any Grantee, to enforce compliance with the conditions. The Foregoing Restrictions shall be deemed and considered covenants running with the land in perpetuities and shall be binding upon the Grantees, their heirs, execu- tors, administrators and assigns. Witness our hands and seals this 14th day of December of 1954. In presence of: Linton L. Brown HENRY K MOOK HARRIET D. MOOK (DOCUMENTARY STAMP, $1.10) STATE OF RHODE ISLAND County of Washington In Charlestown on the 14th day of December, 1954 before me personally appeared Henry K. Mook and Harriet D. Mook, 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 February 7th, A. D. 1955 at 1:45 o'clock, p. m., and recorded by [signature] Town Clerk ---- I, MADELINE D. HOLBERTON of the Town of Hopkinton, Rhode Island, (hereinafter called the Grantor), for nominal consideration paid, grant to THE NARRAGANSETT ELECTRIC COMPANY, a Rhode Island corporation, with full warranty covenants to said company, its successors and assigns, with Warranty Covenants, the right and easement to maintain and operate, for the distri- bution of electric current and for telephone use, a transmission line of wires, poles, switches and Grantor's land, located on the north side of the public highway on the westerly side of the highway commonly known as Shamrock Road in the Town of Charlestown, beginning at the South end of said line, at the intersection of said Shamrock Road and a cross in a westerly direction, adjacent to Grantor's northerly line, to land now or formerly of A. [?] duncan and S. [?] and then in a northerly direction to a point to be as already established, and then easterly. The right, to use and maintain from time to time and keep trimmed such trees as necessary for the same and proper operation of said line of wires, and to remove, replace, add to or otherwise change said poles, wires and other equipment as may be from time to time general practice therefore and to pass over and across Grantor's land to and from said line of wires as reasonable and necessary for all the above purposes. AND I, RANDOLPH HOLBERTON, husband of said Grantor for the consideration aforesaid, hereby release to said Grantee all my right title interest and any other statutory interests in to and the rights and easements herein conveyed. WITNESS our hands and seals this 15 day of Jan., 1955. In the presence of: MADELINE D. HOLBERTON (SEAL) RANDOLPH S. HOLBERTON (SEAL) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Bradford in said County on the 15 day of Jan., 1955, before me personally appeared the above named RANDOLPH HOLBERTON and MADELINE D. HOLBERTON, to me known and 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. LEONARD MALGRING (Notarial Seal) Notary Public: Received for record February 10th, A. D. 1955 at 3:15 o'clock, p. m., and recorded by [signature] Town Clerk