4/15/1957 · DEED · book 34 page 582 doc 4386@34/582

105 STATUTORY FORM OF WARRANTY DEED. I, FOSTER B. DAVIS, Jr. of the City of Providence, County of Providence and State of Rhode Island, hereinafter called the grantor, for consideration paid grant to WARREN R. SMITH and LOUISE CLARK SMITH, husband and wife, both of Ridgewood, County of Bergen and State of New Jersey, hereinafter called the grantees, as joint tenants and not tenants in common, meaning to the survivor, with WARRANTY COVENANTS. Three certain tracts or parcels of land together with all buildings and improvements thereon and including the furnishings therein, situated and lying on the southerly side of Ocean View Avenue at Quonochontaug, Charlestown, Rhode Island, in the Town of Charlestown, County of Washington, State of Rhode Island, and bounded and described as follows, to wit: Lots #115-#115-B as shown and delineated on a certain plan or plat entitled, "Plat of quonochontaug Central Beach, Charlestown, Rhode Island, Thorp & Trainer, Inc. Agts., Revised to September 10, 1929," Said plan or plat is recorded in the Land Evidence Office of the Town of Charlestown. Said grantees, their heirs and assigns shall have the right to pass and repass to and from and across and over the streets or paths on other lots or tracts or on certain other rights of way or roads as shown on said plan or plat leading to the beach and also the right of way for the purpose of installing water pipes, sewer pipes, electric poles, and portions of said plat which might hereafter be designated for public use; the said grants, their heirs and assigns shall have the right to use the common areas; and the said grantor, his heirs and assigns, that the said grantees, their heirs and assigns, and will, shall pay to quonochontaug Central Beach Fire District, its successors and assigns, the sum of Five (5) Dollars, on or before the First day of August in each year hereafter the sum of Five (5) Dollars; on or before the First day of August in each year hereafter the sum of Five (5) Dollars; on or before the First day of August in each year hereafter the sum of Five (5) Dollars; for each lot hereby conveyed; said sum is to be expended by said District, in its uncontrol led discretion for the care and maintenance of the roads and other portions that may be designated for public use; the said grantees, their heirs and assigns, do hereby covenant to discharge upon the premises hereby conveyed and, in case of failure to make any payment within one year after the same shall become due and payable, the said Land Evidence Office of quonochontaug Central Beach Fire District, its successors and assigns, to sell and convey the premises in this deed, for the sum of Five (5) Dollars, provided that this notice shall be published in a newspaper of general circulation in said County of Washington at least once each week for three successive weeks; and to become null and void upon the payment of said sum, provided that this deed shall be accepted subject to the following conditions and restrictions, NAMELLY: 1. In case of a contemplated sale of said lots or parcels of land or of any part thereof, the grantor shall first offer to sell the same to Howard Z. Thorp, his heirs and assigns, by giving notice in writing and shall purchase at the highest bona fide price in good faith made and actually offered to the said grantees, their heirs and assigns. 2. The above conveyed premises shall be used only as a site for one dwelling house on each lot hereby conveyed, which dwelling house shall be erected on the premises in accordance with the building laws in effect; the said dwelling house or houses (or houses, apartments or dwelling houses (porch included) shall approach the street or streets or ocean front narrower than said building; the said dwelling house or houses shall be set back from the approach side the lines of the lot narrower than six feet ninety five feet therefore no detached garage or other building shall be erected on the premises; the said dwelling house or houses to be erected on said lot shall cause when completed not exceed one thousand (1000) dollars; all toilets, baths, laundry rooms, and kitchens shall be enclosed; and shall be equipped with septic cesspool or septic tank to be constructed and maintained on the above premises by the grantees, their heirs and assigns, at their own cost and expense. 3. No division or line walls, hedges or fences shall be permitted, nor trees of any kind, nor anything else, that shall be a nuisance to any person, or that may obstruct the view from any part of any adjoining property or any dwelling house in this colony; shrubs, flowers and vegetables shall be permitted. 4. No poultry, swine, cattle, nostalgia or vicious dogs or cats or any other noisy or objectionable animals and birds shall be kept or permitted to be kept on said premises. 5. The said Quonochontaug Central Beach Fire District, its successors and assigns, reserve the right to enter upon the above described premises for the purpose of laying in new pipes or outlets or repairs, or replacing the rubbish on same, always leaving the premises in as good condition as when entered. 6. It is hereby further conveyed, understood and agreed by and between the parties that all the aforementioned conditions, covenants and agreements on the part of the said grantees, with their heirs and assigns, on one part; and the said grantor, his heirs and assigns, on the other part, 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 or covenants on the part of the said grantees, their heirs and assigns, the said grantor, his heirs and assigns, the premises shall revert to Howard Z. Thorp, his heirs and assigns, and he and they may repossess the same without legal process, and shall have the right to enter and take and hold, title and interest hereby conveyed shall be forfeited and cease and terminate. Meaning and intending to convey the same premises conveyed to this grantor by Edwardes and Louise Marie lately by a deed dated June 12, 1954 and recorded in the Land Evidence Records and office of the Town of Charlestown in Book #32 at Page #689. In witness whereof, Sylvia C. Davis wife of the grantor release to grantees all my right of power and all other interest in the aforesaid premises. [Signed] Sylvia C. Davis [Signed] FOSTER B. DAVIS, Jr. WITNESS our hands this 27th day of August 1957. [Signed] FOSTER B. DAVIS, Jr. [Signed] SYLVIA C. DAVIS (DOCUMENTARY STAMPS, $12.65)

106 STATE OF RHODE ISLAND COUNTY OF PROVIDENCE In Providence on the 27th day of August, 1957, before me personally appeared Foster B. Davis, Jr. and Sylvia C. Davis, husband and wife, 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. EDWARD S. WHITE (Notarial Seal) Notary Public My Commission expires June 30, 1961. Received for record September 10th, A. D. 1957 at 11:56 o'clock, a. m., and recorded by [Signature] Town Clerk ---- TO ALL PEOPLE TO WHOM THESE PRESENTS SHALL COME, GREETING: KNOW YE, That SOUTHERN RHODE ISLAND REALTY CORPORATION, a Rhode Island Corporation having its principal place of business in the Town of Westerly, County of Washington and State of Rhode Island for the consideration of One Dollar and other valuable considerations received to its full satisfaction of LEROY B. ERICKSON and AGNES H. ERICKSON, husband and wife, both of the Town of Norwich, County of New London and State of Connecticut, do give, grant, bargain, sell and convey unto the said LEROY B. ERICKSON and AGNES H. ERICKSON and unto the survivor of them, and unto such survivor's heirs and assigns forever that certain tract of land, situated in the Town of Charlestown, County of Washington and State of Rhode Island, described as follows:— Beginning at the southeasterly corner of the described premises and thence northerly along the corner of land of the Town of Charlestown, bounded easterly by land of Robert F. Pingateau 115 feet, more or less, to the Town Highway; thence westerly along the southeasterly side of said Town Highway 45 feet to land of Frank Paulski; thence southerly, bounded easterly by land of the Grantor, 115 feet, more or less, to land of the Grantees; thence easterly, bounded southerly by the Grantees land 45 feet to the place of beginning. Being a portion of the premises conveyed to the Grantor by Warranty Deed from Ernest Alfred Eldridge dated August 6, 1946 and recorded in the Land Records of the Town of Charlestown, Vol. 30, Page 582. TO HAVE AND TO HOLD the above granted and bargained premises, with the appurtenances thereof, unto and unto the said grantees, and unto the survivor of them, and unto such survivor's heirs and assigns forever, to them and to their own proper use and behoof. AND ALSO, and it the said grantor does for itself, its successors and assigns, covenant with the said grantees and with the survivor of them, and with such survivor's heirs and assigns, that at and until the sealing of these presents it is well seized of the premises, as a good indefeasible estate in FEE SIMPLE; and has good right to bargain and sell the same in manner and form as above is written; and that the same is free from all incumbrances whatsoever. AND FURTHERMORE, is the said grantor does by these presents bind itself and its successors and assigns forever to WARRANT AND DEFEND the above granted and bargained premises to them the said grantees, and to the survivor of them and to such survivor's heirs and assigns, against all claims and demands whatsoever. IN WITNESS WHEREOF, SOUTHERN RHODE ISLAND REALTY CORPORATION has caused its corporate name to be subscribed and its corporate seal to be affixed hereto by Ernest A. Eldridge, its President and Charles Eldridge, its Treasurer, both duly authorized and empowered, this last day of August, A. D. 1957. SOUTHERN RHODE ISLAND REALTY CORPORATION (Corporate Seal) by Ernest A. Eldridge President (L.S.) Charles H. Eldridge Treasurer (L.S.) Signed, Sealed and Delivered in presence of Arthur B. Gervasini Arthur B. Gervasini