The instrument's own words
page 1 · read by Gemma vision
254
KNOW ALL MEN BY THESE PRESENTS, that we, NORMAN L. BEHNEKE and wife, MARIE ROSE YVONNE BEHNEKE, of the Town of Charlestown, County of Washington, State of Rhode Island, hereinafter called the Grantors, in consideration of the sum of Ten ($10.) Dollars to us paid by FRANK L. MILLER and ELIZABETH M. MILLER, his wife, both of Attleboro, Bristol County, Massachusetts, hereinafter called the Grantees, the receipt whereof is hereby acknowledged, do hereby give, grant, bargain, sell and convey unto the said Grantees, and their heirs and assigns forever in fee simple, as joint tenants and not as tenants in common.
That certain tract or lot of land, with all buildings and improvements thereon, situated in the Town of Charlestown, Rhode Island, and laid out and delineated as Lot No. Eighteen (18) on said Island, and laid out and entitled, "The New England Coast Home and South Kings town, R. I., Property of M. R. Y. Behenke, surveyed Robert L. Representason of Geo. L. Behenke, R.I. Surveyor, Plat filed 1935, 1936, 1937, 1938 - Leon L. Holland, Civil Engineer, Scale = 60' to a 1" which Plat is recorded in the Records of the Evidence in said Town of Charlestown."
This conveyance is made subject to the following restrictions binding upon the said Grantees and their heirs and assigns:
1. Only one private one-family residence and a private garage shall be erected, placed, maintained or permitted, upon said lot, or any part thereof, and no part of said residence, including porches, shall come nearer than five (5) feet from the north and south lines and five (5) feet from the east line of said lot and no nearer than twenty (20) feet from the east line also known as Third Street.
2. No garage shall be used as a residence unless it contains a minimum cost of 500 square feet be erected on any part of said lot, and no tents and no auto trailers shall be erected, placed or maintained on said premises.
3. All toilet and sink drains on said lot shall be connected with cesspools or septic tanks, so placed as not to pollute or endanger any drinking water supply, nor to pollute the waters along the shore of this plat.
4. Said lot, or any part thereof, shall not be used for any trade or business or commercial purpose, or for any public purposes whatever.
5. No house shall be erected, placed or maintained on said lot costing less than Fifteen Hundred ($1,500.) Dollars without the written consent of the Grantors.
And we, EDWARD BURDICK and MARION GERTRUDE BURDICK, the mortgagees named in that certain mortgage said from Marie R. Y. Behenke to said Edward Edgar Burdick and Marion Gertrude Burdick, dated July 29, 1932, and recorded in the Records of Land Evidence in said Charlestown, in Book 25, at Page 347, for consideration paid, release to said Marie Rose Yvonne Behenke, all our right, title and interest as mortgagees aforesaid, in and to the above described premises. Together with the full right, to use the ways, streets and privileges as shown and delineated on said plat.
TO HAVE AND TO HOLD the aforegranted premises, with all the privileges and appurtenances thereunto belonging, unto and to the use of the said Grantees, and their heirs and assigns forever in fee simple, as joint tenants and not as tenants in common.
And we, the said Grantors, do hereby, for ourselves and for our heirs, executors and administrators, covenant with the said Grantees and their heirs and assigns, that we are lawfully seized in fee simple of the said granted premises; that the same are free from all encumbrances, excepting as aforesaid; that we have good right, full power and lawful authority to sell and convey the same in manner as aforesaid; that the said Grantees and their heirs and assigns shall be these presents at all times hereafter peaceably and quietly have and enjoy the said premises and that we the said Grantors will and our heirs, executors and administrators shall, warrant and defend the same to the said Grantees and their heirs forever against the lawful claims and demands of all persons, excepting as aforesaid.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 12th day of July in the year of our Lord one thousand nine hundred and forty.
Signed and sealed in presence of: NORMAN L. BEHNEKE (L.S.)
LINTON L. BROWN MARIE ROSE YVONNE BEHNEKE (L.S.)
as to all EDWARD BURDICK (L.S.)
MARION GERTRUDE BURDICK (L.S.)
(INTERNAL REVENUE STAMPS, $5.00)
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STATE OF RHODE ISLAND
COUNTY OF WASHINGTON
In Charlestown, R. I., on the 12th day of July, A. D. 1940, before me personally appeared the above named NORMAN L. BEHNEKE and MARIE ROSE YVONNE BEHNEKE, his wife, to me known and known by me to be two of the parties executing the foregoing instrument, and they acknowledged said instrument, by them executed, to be their free act and deed.
LINTON L. BROWN
Notary Public.
STATE OF RHODE ISLAND
COUNTY OF WASHINGTON
In Charlestown, R. I., on the 12th day of July A. D. 1940, before me personally appeared the above named EDWARD EDGAR BURDICK and MARION GERTRUDE BURDICK, to me known and known by me to be two of the parties executing the foregoing instrument, and they acknowledged said instrument, by them executed, to be their free act and deed.
LINTON L. BROWN
Notary Public.
Received for record July 13th, A. D. 1940 at 4:10 o'clock, p. m., and recorded by
[Signature]
Town Clerk
The page as recorded
