7/12/1955 · DEED · book 35 page 56 doc 4634@35/56

56 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, hereinafter called the grantors, for consideration paid grant to EARL W. GOWMAN and EDITH B. GOWMAN, husband and wife, both of South Amherst, County of Hampshire and Commonwealth of Massachusetts, as joint tenants and not tenants in common, meaning to the survivor, hereinafter called the grantees, with WARRANTY COVENANTS. Two certain contiguous tracts or parcels of land situated and located at Quonocutcong Beach, so called, in the Town of Charlestown, County of Wash- ington and State of Rhode Island, and bounded and described as follows by way to wit: Beginning at a point on the easterly side of Bayview Road, so called, said point being the southwestern corner of the parcel herein conveyed and the northeastern corner of the parcel conveyed to Gorman and Margaret Vanderveer; thence east- erly at right angles to the westerly line of Bayview Road one hundred twenty one (121) feet to the northerly line of the parcel herein conveyed, said Vanderveer point also being the northeasterly corner of said Vanderveer parcel; thence south bounden twenty one (21) feet and then east bounden twenty two (22) feet turning a right angle and then northerly twenty one (21) feet to a point being to the northeasterly corner of the parcel herein conveyed; thence east at a right angle and then southerly twenty one (21) feet to a point on the northwesterly corner of the parcel herein conveyed at a point on the westerly line of said Bayview Road; thence southerly along said westerly line of said Bayview Road one hundred twenty one (120) feet to the point and place of beginning. Said parcel is bounded northerly by the parcel herein conveyed, easterly by Bayview Road, and is bounded northerly by the parcel herein conveyed, easterly by Bayview Road, so called by said Vanderveer lot and land bounded by Bayview Road, so called. Meaning and intending to convey Lots #278 and #279 as shown and delineated on that certain plan or plat untitled, made by the Quonocutcong Central Beach, as ex- tended February 1936, in the Town of Charlestown, Rhode Island, property of E. H. N. H. Thorp, scale 1 inch equals 80 feet, July 1945, Rossell & Lewis, Surveyors. Said grantees, their heirs and assigns shall have the right to pass and repass on foot or on footway, or over and above on any road or right of way, and to pass to and from said lots on any road or right of way, and to pass over and above on any road or certain rights of way on foot or way on footway, or over and above on any road or right of way leading to and from said lots on any road or right of way, and also the right of way lead- ing from the road to the fresh water pond, and any other portions of said plat which provide access to the fresh water pond, and the right of way leading from said premises, their heirs and assigns hereby convey and agree to and with the said grantors, their heirs and assigns, that they and their heirs and assigns shall forever re- sign and shall pay to Quonocutcong Central Beach Fire District, its successors and cessors and assigns, on or before the first day of April of each year, the sum of One Dollar ($1.00) for each lot hereby conveyed, said sum to be paid under the terms of the agreement recorded in said Fire District, in the land evidence and applied by the said Quonocutcong Central Beach Fire District, its successors and assigns and by the said Quonocutcong Central Beach Fire District, its successors and assigns on the roads and other portions of way that may be needed for public use and said sum agrees to be paid in the first instance, and a lien and charge upon the whole property hereby conveyed and in case of failure to make any payment with the whole property hereby conveyed and in case of failure to make any payment with the Quonocutcong Central Beach Fire District, its successors and assigns to sell and convey the same and the proceeds of such sale to be applied to the payment of said sum, notice being published in said public notice in a newspaper of general circulation published in said County of Washington at least once a week for three successive weeks and to become the purchase of the property, and said property hereby conveyed is subject expected to the following conditions and restrictions, namely: 1. In case of a contemplated sale of said lots or parcels of land, or of any part thereof, Howard E. Thorp and the heirs and assigns of Nelson H. Thorp, shall be given ten days notice in writing and shall have the first option to purchase the same with the buildings and improvements there on at the value of said house and lot as agreed mutually and actually agreed on said grantees, their heirs and assigns. 2. The above conveyed premises shall be used only as a site for one dwelling house on each conveyed lot, whereby each dwelling house of the said lots shall be on said plat, and no portion of the premises in accordance with the plan or plat untitled, shall be used for any of any building or buildings or dwelling house (including porch) unless the said building or buildings or dwelling house is set back from the street line or shall any build- ing or any nature or kind whatsoever approach the side lines of the lot nearer than fifty (50) feet towards the street line, and no other building shall be erected or built thereon; dwelling house or dwelling houses be erected on said lots shall cost when completed not less than two thousand five hundred dollars ($2,500.00) and all other drains or sewage outlets shall be fitted to a suitable cesspool or septic tank complete and in accordance with the laws governing the 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 (except the dwelling house and that shall in any way obstruct the view from any part of the property to the water, or any other dwelling houses in this colony; shrubs, flowers, vegetables and pottery shall be permitted. 4. No poultry, swine, cattle, noisy or vicious dogs or cats or other noisy or objection- able animals or birds shall be kept or allowed to be kept on said premises. 5. The said Quonocutcong Central Beach Fire District, its successors and assigns, reserve the right to enter upon the above described and conveyed premises to lay any pipe conduits or pipes or to repair the same, always leaving the premises in as good condition as is found when so entered. 6. It is hereby further covenanted, understood, agreed upon by and between the parties hereto that all the aforesaid conditions covenants and agreements on the part of the said grantees, their heirs and assigns and on their part to be kept and performed shall attach to and run with the land hereby conveyed, it is further agreed and made a part

57 of the consideration of this sale and purchase that in case of any violation of the above conditions or covenants, then all right of said grantees, their heirs and assigns, to the title and use of said premises shall revert to said Howard B. Thorp and or Nelson H. Thorp, their heirs and assigns, and he or they may repossess himself or themselves of the said premises, and that all right, title and interest hereby conveyed shall be forfeited and cease and terminate. We, MARY E. THORP and MERLE N. THORP, wives respectively of the grantors, release to said grantees, all our right of dower and all other interest in the aforesaid described premises. WITNESS our hands this 29th day of April 1955. (DOCUMENTARY STAMPS, $1.65) HOWARD E. THORP NELSON H. THORP MARY E. THORP MERLE N. THORP STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly on the 29th 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. PAUL M. KEARNEY (Notarial Seal) Notary Public Received for record July 12th, A. D. 1955 at 9:20 o'clock, a. m., and recorded by [Signature] Town Clerk