The instrument's own words
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461
WELL AGREEMENT
WHEREAS, WALTER E. COULTER and VIRGINIA M. COULTER, husband and wife, both of the Town of Charlestown, County of Washington and State of Rhode Island, are the owners of Lot #54 as delineated on that certain plan or plat entitled, "Sunrise Acres, property of Charlestown Estates, Inc., Quonnoquontaug, Charlestown, R. I., scale 1 inch equals 80 feet, November, 1948, Rossi & Lewis, Engrs." which said plan or plat is on file in the Town Clerk's office of the Town of Charlestown; and
WHEREAS, CLARENCE L. CLARKE and DELLA EVA CLARKE, husband and wife, both of the Town of Charlestown, County of Washington and State of Rhode Island, are the owners of Lot #47 as delineated on that certain plan or plat entitled, "Sunrise Acres, property of Charlestown Estates, Inc., Quonnoquontaug, Charlestown, R. I., scale 1 inch equals 80 feet, November, 1948, Rossi & Lewis, Engrs." which said plan or plat is on file in the Town Clerk's office of the Town of Charlestown; and
Whereas said Lots #54 and #47 are abutting and adjoining lots with a common boundary line, and
Whereas at a point approximately thirty-eight (38) feet northerly from Peabody Road, so-called, in said Town of Charlestown, on said common boundary line between said Lots #54 and #47, the parties hereto have sunk, made and prepared a well, and it is hereby acknowledged by and between the parties that all rights to said well is the property of all of the parties hereto;
Now, therefore, in consideration of the premises, it is mutually agreed by and between the parties hereto that the said parties hereto and their successors, heirs and assigns, shall have full and free authority and right either for themselves or through their servants and agents to enter upon the land of each other as far as necessary to repair and maintain said well, and it is hereby agreed that the burden and obligation to so maintain and keep in repair said well is to be borne evenly between the owners of said lots #54 and #47; and it is further mutually agreed that the parties hereto, their successors, heirs and assigns, shall have full right and authority to take water from said well for all domestic purposes, and the parties hereto shall further have the right and authority to pipe into said well and to draw water from said well by a pump or other means for all domestic purposes, said use to be in common with the owners of each of said tracts aforementioned. Said rights in and to said well shall run with the land and shall be binding upon the parties hereto, their survivors, their successors, and their heirs and assigns.
Witness our hands this 18th day of March, A. D. 1955.
WALTER E. COULTER
VIRGINIA M. COULTER
CLARENCE L. CLARKE
DELLA EVA CLARKE
STATE OF RHODE ISLAND }
County of Washington }
In Westerly on the 18th day of March, A. D. 1955, before me personally appeared Walter E. Coulter and Virginia M. Coulter, and Clarence L. Clarke and Della Eva Clarke, to me known and known by me to be the parties executing the foregoing instrument, and they severally acknowledged said instrument, by them executed, to be their free act and deed.
EDWARD M. BOTELLE
Notary Public.
Received for record April 23rd, A. D. 1955 at 2:07 o'clock, p. m., and recorded by [Signature] Town Clerk