4/8/1955 · DEED · book 34 page 444 doc 4155@34/444

444 STATE OF RHODE ISLAND, ETC.) County of Washington ) ss In Westerly on the 18th day of Dec. 1954 before me personally appeared Robert B. Callender and Mary H. Callender, husband and wife to me known and by me to be the Callender and Mary H. Callender, husband and wife 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. NELSON H. THORP (Notarial Seal) Notary Public Received for record April 6th, A. D. 1955 at 3:15 o'clock, p. m., and recorded by [Signature] Town Clerk ---- DISCHARGE OF MORTGAGE The undersigned, having received full payment and satisfaction of the within mortgage recorded in the Town of Charlestown in the State of Rhode Island, in the Land Evidence Books in Book 34 page 443-4, hereby cancel and discharge the same. And covenant to and with the payer that I am the present owner of said mortgage. WITNESS, this 15th day of September 1969. ESTATE OF HOWARD E. THORP BY NELSON H. THORP, Executor Received for record September 16th, A. D. 1969 at 9:00 o'clock a. 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, for consideration paid grant to ESTHER O. TETLOW, of the Town of Charlestown, County of Washington and State of Rhode Island, with WARRANTY COVENANTS. A certain tract or parcel of land situated and located at Quonocontaug Central Beach, so called, in the Town of Charlestown, County of Washington and State of Rhode Island, and bounded and described as follows, to wit: Beginning at a point on the westerly line of Winget Avenue, so called, said point being the point of the southeasterly corner of the parcel herein conveyed and the northeasterly corner of land of James Norden and Ruth M. Norden; thence westerly right angle to the westerly line of the road called Winget Avenue and thence northerly one hundred forty (140) feet to the southeasterly corner of the parcel herein conveyed; thence a straight line running a right angle and extending easterly one hundred forty (140) feet to the westerly corner of the parcel herein conveyed; thence southerly one hundred forty (140) feet to the northeasterly corner of the parcel herein conveyed; thence a straight line running a right angle and extending easterly one hundred forty (140) feet to the northeasterly line of said Winget Avenue; thence turning a right angle and extending southerly along the westerly line of said Winget Avenue to the point of beginning of this description. Said parcel is bounded northerly and southerly and westerly by other land of the grantors, southerly by said Norden and easterly by the road called Winget Avenue, so called. Being and intending to convey lot #253 as shown and delineated on that certain plan or plat entitled, "Plot of Quonocontaug Central Beach as extended February, 1946, Charlestown, R.I.," property of Howard E. and N. H. Thorp, scale 1 inch equals 50 feet, dated July 1946, signed by Howard E. Thorp, Edge. Said grants, heirs, herbs and assigns shall have the right to pass and repass over, on and across and from and to said lot or tract of land on foot or otherwise, over on and across those certain right of ways as are shown and delineated on the above mentioned plat dated October, 1946, vertices extending from the road to the beach and also on that certain right of way leading from the road to the fresh water pond, and any other portions of said plat entitled "Quonocontaug Central Beach" designated for public use and the said grantee, for herself, her heirs and assigns hereby covenant and agree to and agrees with the said grantors, their heirs and assigns that she will pay her proportionate share of the taxes which shall be paid to Quonocontaug Central Beach Fire District, its successors and assigns, on or before the 1st day of July of each and every year, and further agrees to pay one five (5) dollars for each lot hereby conveyed, sum to be applied and expended by the said Quonocontaug Central Beach Fire District, its successors and assigns, in its and their accumulated account designated for the improvement and maintenance of the roads and other portions that me, so designated for public use, and the said sums agreed to

445 be paid hereby made a lien and charge upon the premises hereby conveyed, and in case of failure to make any payment within one year after the same shall become due, all such sums shall be due and payable, and the Concomuncutt Central Beach Fire District, its successors and assigns to sell and convey the premises at public auction, after giving notice of such sale in some newspaper published in said County of Washington once a week for three successive weeks, and vests to and becomes the purchaser of purchasers at such sale w.d. This conveyance is subject to all the existing taxes and other conditions and restrictions. MARKEDLY, 1. In case of any subsequent sale of said land or parcel of land or part thereof, shall be given Howard E. Thorp and Mary E. Thorp 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 at a price consistent with the buildings and improvements thereon, the highest bona fide price in good faith offered and actually agreed to said grantees, her heirs and assigns. 2. The above conveyed premises shall be used only as a site for one dwelling house unless on the lot hereby conveyed, as dwelling house shall be erected on said plot, and no portion of any annex or outbuilding with the exception of a garage shall be erected on said plot; no portion of any building or buildings or dwelling house (porch or sun-room) shall approximate within ten feet of any nature or kind whatsoever across the side lines of the lot; no building or buildings shall be fit for anyone other than one family; no other building or buildings shall be be erected thereon; dwelling house when erected on said lot shall not exceed the sum of 1 1/2 stories; no other building shall be erected on said lot except the kitchen or other outlets; pipe and other outlets shall be put to a suitable cesspool or septic tank. costs to be constructed and maintained at the sole expense by the grantees their heirs and assigns at their own cost and expense. No division of land, walls, hedges 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 of any part of the beach or adjoining property or any dwelling house in this colony; shrubs, flowers and vegetables shall be permitted. No poultry, swine, cattle, noisy or vicious dogs or cats or cats or any other noisy or objectionable animals shall be kept nor shall any be permitted to be kept on said premises. 5. The Concomuncutt Central Beach Fire District, its successors and assigns, reserves the right to enter upon the above described and conveyed premises to lay any pipe outlets or pipes, run with it, or repair the same, always leaving the premises in as good condition as when entered. 6. It is further conveyed, understood and agreed and by and between the parties hereto that all the aforesaid terms and conditions, covenants and agreements on the part of the said grantees, her heirs and assigns shall be kept and performed and shall be attached to and run with 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, the right of the grantor Howard E. Thorp and Mary E. Thorp and their assigns, that the title and fee to said premises shall revert to the grantor and his heirs and assigns, and the grantor Howard E. Thorp and Mary E. Thorp and be 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 determine automatically. We, Mary E. Thorp and Merle N. Thorp, wives respectively of the grantors, release to said grantee, all our right of dower and all other interest in the aforesaidescribed premises. WITNESS our hands this 5th day of April 1955. 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 5th day of April 1955, 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. ROGER E. THRAHER (Notarial Seal) Notary Public Received for record April 8th, A. D. 1955 at 10:55 o'clock, a. m., and recorded by [Signature] Town Clerk