6/2/1955 · DEED · book 35 page 10 doc 4587@35/10

10 STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly on the 28th day of May 1955 before me personally appeared Paul F. Gibbons and Gertrude K. Gibbons to be known and known by me to be the parties executing the foregoing instrument, and they acknowledged said instrument, by then executed, to be their free act and deed. JOSEPH LEWIS (Notarial Seal) Notary Public Received for record June 1st, A. D. 1955 at 10:15 o'clock, a. m., and recorded by [Signature] Town Clerk ---- 71 (FOR DISCHARGE OF FOREGOING MORTGAGE, SEE PAGE EX) 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 LESTER W. FIELD and ERNA B. FIELD, husband and wife, both of Greensmitch, County of Fairfield and State of Connecticut, as joint tenants and not tenants in common, meaning to the survivor, with WARRANTY COVENANTS. Three certain contiguous tracts or parcels of land situated and located at Quonocutcong 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 easterly side of Atlantic avenue, to called, said point being the southeasterly corner of the parcel herein conveyed, thence extending at a right angle to the southeasterly line of Atlantic Avenue one hundred seventy (150) feet to the southeasterly corner of the parcel herein conveyed, thence extending turning a right angle and extending southeasterly one hundred three and three forty-hundredths (103.40) feet to a point; thence turning an interior angle of one hundred seventy degrees and thirty minutes (170° 30') and extending southeastly thirty (30) seconds and continuing northeasterly thirty-one and eight hundredths meters (31.08) feet to the northeasterly corner of the parcel herein conveyed, thence extending turning a right angle and extending westerly one hundred forty (140) feet (to the north-westerly corner of the parcel herein conveyed), thence extending northwesterly to the said Atlantic Avenue; thence in a general southerly direction extending along a curve four hundred twenty-eight and twenty-five hundredths (428.25) feet to the point and place of beginning. Said parcel is bounded northerly and southerly by others and easterly by other than the said Atlantic Avenue, on the south side of which is land of William P. O'Hara, et ux and land of Rogers E. Trainer, et ux. Meaning and intending to convey three lots #244, #245 and #246 as shown and delineated on that certain plan of subdivision of the eastern portion of the estate of H. E. and M. N. Thorp, dated February 14th, Charlestown, R.I., July 14th, 1948, Book 514, Page 188, Registry Office. Said grantees, their heirs and assigns shall have the right to pass and repass by paths and to and from and from said lots or tracts on foot or on chassis, otherwise, over and across certain right of way as shown on the above mentioned plan, specifically the right of way leading from the road to the fresh water pond, and any other portions of said plat which may lead from the road to the fresh water pond, and any other portions of said plat which may be necessary to reach said pond, together with all the rights of said grantees, their heirs and assigns hereby convey and agree to and with the said grantors, their heirs and assigns, and to any person or persons to whom the said grantors will shall assign and alienate said Quonocutcong Beach First District, its successors and assigns will, on or before the first day of August of each year, pay to said grantors, their heirs and assigns, or to its successors and assigns, the sum of Five ($5) Dollars, as a ground rent, said sum to be expended and applied by and for the said Quonocutcong Beach First District, its successors and assigns in the first place for the payment of taxes to and for the care and maintenance of the roads and other portions that may be designated for public use, and the said sum shall become due and payable on the first day of August of each year, as hereby conveyed and in case of failure to make any payment within one year after the same shall become due and payable on the first day of August of each year, the said grantors, its successors and assigns to sell and convey the same premises at public auction, first giving notice of said sale by posting notices thereof that is to say by posting in Washington at least once a week for three successive weeks and to become the purchaser or purchasers at said sale. This conveyance is made and subject subject to the following conditions and restrictions, NAMELY:

11 1. In case of a contemplated sale of said lots or parcels of land or any part thereof, Howard E. Thorp and Mary E. Thorp, their heirs and assigns, shall give the grantors day notice in writing and shall have the first option to purchase the same with the buildings and improvements thereon at the highest bona fide offer received by the grantors 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 or building line on said plat, and erected the premises in accordance with the building line on said plat, and no portion any part of the building or buildings or garages (porch included) shall encroach the street the streets or ocean front nearer than said building line nor any part of the building or buildings shall extend across the building line nor shall any building be at any point, distance less than twenty feet from the boundary line of any lot, and no detached garage or shed or other outbuilding or buildings shall be erected within twenty feet from the boundary line of any lot, and all toilets, bath toilets, kitchen or dining room or storage shed shall be located at least twenty feet from the septic tank or so constructed and maintained on the above premises by the grantees, their heirs and assigns at one time. 3. No division or lot 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 of the street, the streets or the ocean, or any dwelling houses in this community, shrubs, flowers and vegetables be permitted on this community. 4. No poultry, swine, cattle, notifies or vicious dogs or cats or other dogs or notice objectionable animals or birds shall be kept or permitted to be kept on said premises. 5. The said Quonsetpoint Central Beach Press Dist. incinerators and assigns, reserve the right to enter upon the above described and conveyed premises to lay any pipes or conduits for the purpose of drainage, always leaving the premises in as good condition as when entered. 6. It is hereby further covenanted, understood and agreed by and between the parties that all of the above strings and conditions, covenants agreements and on the part of the said grantees, their heirs and assigns, on the premises 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 strings and conditions, covenants agreements any part of said violation the above that the title and fee to said premises shall revert to said Howard E. Thorp and Mary E. Thorp, their heirs and assigns, and that the same shall be or the premises hereby conveyed shall be forfeited and, right and title, interest and right hereby conveyed shall be forfeited and cease and terminate. We, Mary E. Thorp and Merle N. Thorp, wives respective of the grantors, release said grantees, all of their right and dower of all other interest in the aforesaid described premises. WITNESS our hands this 1st day of June 1955. HOWARD E. THORP MARY E. THORP NELSON H. THORP MERLE N. THORP (DOCUMENTARY STAMPS, $2.20) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly on the 1st day of June 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. JOAN A. ZANELLA (Notarial Seal) Notary Public Received for record June 2nd, A. D. 1955 at 1:10 o'clock, p. m., and recorded by [Signature] Town Clerk ---- DISCHARGE OF MORTGAGE Westerly Community Credit Union, having received full payment and satisfaction of the promissory note secured by the Deed of Mortgage of Paul P. Obugno to Westerly Community Credit Union dated May 28, 1955 and recorded in the Land Evidence Records in the Town of Charlestown, Rhode Island, in book 35, page 10, pages 9-10, hereby cancels and discharges the same. And covenants and warrants with my heirs that it is the present owner of said note. IN WITNESS WHEREOF Westerly Community Credit Union has caused these presents to be signed and its corporate seal to be hereunto affixed by its proper officer or representative thereto duly authorized the 2th day of April, 1967. WESTERLY COMMUNITY CREDIT UNION (Corporate Seal) By Joseph N. Ugini Title President Received for record April 27th, A. D. 1967 at 9:10 o'clock, a. m., and recorded by [Signature] Town Clerk