12/29/1955 · DEED · book 35 page 219 doc 4807@35/219

219 WE, HILYER G. SENNING, now of Charlestown, in the County of Washington and State of Rhode Island, and MABELLE S. SENNING, now of Dedham, in the County of Norfolk and Commonwealth of Massachusetts, husband and wife, as joint tenants, hereinafter called the Grantors, for consideration paid, grant to LESLIE B. VAUGHAN, of Melrose, in the County of Middlesex and Commonwealth of Massachusetts, WITH WARRANTY COVENANTS A certain tract of parcel of land with buildings and improvements thereon situated and lying in the Town of Charlestown, County of Washington and State of Rhode Island bounded and described as follows, to wit: Lot 103 as shown and delineated on a certain plan or plat entitled, "Plat of Quonochontaug Central Beach, Charlestown, R.I.," Tourp & Fraiser, Inc., Agents, dated October 24, 1936, Rossi & Louis, Engrs., filed with the Town Clerk's Office in said town, October 29, 1936, in Book 25, page 219, of the Charlestown land evidence records of Charlestown. Said grantees, their heirs and assigns shall have the right to enter, pass and repass to and from the said lot 103 by the right of way indicated on said plan or plat, and access to the right of way indicated on said plan or plat to the high water mark on the beach and access to the right of way indicated on said plan or plat leading to the public highway from the road to the beach on said plan or plat leading to the public highway from the road to the beach on said plan or plat, and any other portions of said plat which are subject to the right of way indicated on said plan or plat. The said grantees, for themselves, their heirs and assigns, hereby bargain convey and agree to and with said grantors, for themselves, their heirs and assigns, the Quonochontaug Central Beach Fire District, its successors and assigns, on or before the first day of August in each year in the absence of any fire (1) to keep the grass on said lot 103 cut and mowed and (2) to build and apply and by the said Quonochontaug Central Beach Fire District, for its successors and assigns and subject to the right of way indicated on said plan or plat, to maintain and keep clear of the roads and other portions that may be designated for public use, and the said sums emerging from the said lot 103 shall be paid to the Quonochontaug Central Beach Fire District, its successors and assigns, in the event of failure to make any payment within one year after the same shall become due, it is agreed that the said Quonochontaug Central Beach Fire District, its successors and assigns, to sell and convey the premises at Public Auction, first giving notice of such sale in some newspaper published in Washington County, Washington, at least ten days before the sale for three successive weeks, and to become the purchaser or purchasers at said sale. TO HAVE AND TO HOLD, the aforementioned premises, with all the rights, privileges and appurtenances thereunto belonging, unto and to the use of the said grantee, his heirs and assigns, forever; subject, however, to the following conditions and restrictions, namely: In case of a contemplated sale of said lot or parcel of land or any part thereof, Howard E. Thorp has the right of first refusal to purchase the same on terms to be agreed in writing and shall have the first option to purchase the same with the buildings and improvements thereon at a price which shall be the same as the good will and market value of the premises offered to the said grantees, their heirs and assigns. The above conveyed premises shall be used only as a site for one dwelling house on each lot hereby conveyed. No other building shall be erected on the premises except in accordance with the building lines shown on said plan or plat, and no independent structure building or dwelling house (including porch) shall be situated closer than 20 feet from the nearest line of said building lot. No building of any nature or kind whatsoever shall be erected over the side lines of the lot or lots nor nearer than five feet to the side lines of the lot or lots. No building shall be erected thereon dwelling; dwelling dated garage or other structure shall be built completed not less than One Thousand (1000) square feet on any lot or lots. No building shall be erected on any lot or lots unless outlets shall be piped to a suitable cesspool to be constructed and maintained on the above premises by the purchaser or grantees, their heirs and assigns, at their own expense. No addition or extension of walls, hedges or fences shall be permitted, nor tries of any kind, nor anything (except the dwelling house) that shall in any way obstruct the view from any of any adjoining property or dwelling place in the lot on colony, square, lawns, flowers and vegetables shall be kept. No poultry, swine, cattle, noise or vicious dogs or cats or any other objectionable animals or birds shall here be or permitted to be kept on said premises. The Quonochontaug Central Beach Fire District, its successors and assigns reserves the right to enter upon the said premises at any reasonable time to lay pipe lines outlets or pipes or pipes, or to repair the same, always leaving the premises in as good a condition as when entered. It is hereby further convenient, understood and agreed 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, shall be and are hereby declared to be bylaws and shall attach to and run with the land hereby conveyed; it is further agreed and made a part of the consideration of this deed that the said grantees, their heirs or assigns, that the conditions or covenants on the part of the said grantees, their heirs or assigns, that the title and fee to said premises shall be free and clear of all encumbrances and granted and conveyed to be and remain so, and that the said grantees himself or themselves of the estate here granted and all right and title and interest hereby conveyed shall be forfeited and cease and terminate. The said premises are hereby conveyed subject to a mortgage held by the Planations Bank of Rhode Island and reference is duly recorded. Said premises are also conveyed subject to taxes for the current year. The said grantors, for themselves, their heirs, executors and administrators, covenant with the said grantees, his heirs and assigns that they are lawfully seized in fee simple of the said granted premises and that they are free from all encumbrances whatsoever aforesaid, and that they have good right, full power, lawful authority and sole ability to convey the same in manner as aforesaid, and that the said grantee, his heirs and assigns,

220 shall by these presents at all times hereafter peaceably and quietly have and enjoy that said premises, subject as aforesaid, and that the said grantors, their heirs, executors and administrators shall warrant and defend the same to the said grantee, his heirs and assigns forever, against the lawful claims and demands of all persons whomsoever as aforesaid. The consideration for this deed is less than $100.00. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 15th day of November, in the year of our Lord, One Thousand Nine Hundred and Fifty-five. HILYER G. SENNING MABELLE S. SENNING Commonwealth of Massachusetts County of Norfolk, Ss. In Dedham on the 15th day of November, 1955, before me personally appeared Mabelle S. Senning, to me known and by me to be the party executing the foregoing instrument and she acknowledged said instrument by her executed to be her free act and deed. FREDERICK R. WALSH Frederick R. Walsh Notary Public My Commission expires Feb. 25, 1961 State of Rhode Island County of Washington In Westerly on the 25th day of November, 1955, before me personally appeared Hilyer G. Senning to me known and by me to be the party executing the foregoing instrument and he acknowledged said instrument by him executed to be his free act and deed. NELSON H. THORP (Notarial Seal) Notary Public My Commission expires June 30, 1956. COMMONWEALTH OF MASSACHUSETTS CLERK'S OFFICE OF SUPERIOR COURT Suffolk, Ss. I, THOMAS DORAN, of Boston, in said County, said County, duly elected, qualified and sworn as Clerk of the Superior Court for and within said County and Commonwealth, dwelling in Boston in said County, said City being a Court of record with a seal which is hereto affixed, and the records of said Court being in my custody, do hereby certify and attest that Frederick R. Walsh before whom the annexed affidavit, proof and acknowledgment was taken and signed, is a Notary Public in and for the Commonwealth of Massachusetts and is duly authorized to take acknowledgments of persons doing business in said County, duly appointed, commissioned, qualified, sworn and authorized by the laws of said Commonwealth, and that he is duly commissioned, qualified, sworn and authorized by the laws of said Commonwealth, to take affidavits and take acknowledgments of persons doing business in said County, and that he is duly commissioned and certified proofs of acknowledgments of deeds of conveyances for lands, tenements and hereditaments lying within said Commonwealth, and is duly authorized to record them, wherever situated and however bounded; that he was at the time of taking the affidavit, proof or acknowledgment given before him, a Notary Public in and for the Commonwealth, duly appointed, and in his official acts; that I am well acquainted with his signature and handwriting and, I verily believe, that the signature to the annexed affidavit, proof or acknowledgment is his, and, further, that the annexed instrument is executed and acknowledged according to the laws of said Commonwealth. Witness my hand and seal of said Court at Boston Court, in said County and Commonwealth, this 16th day of November A. D. 1955. THOMAS DORAN (L. S.) Clerk I, Howard E. Thorp, of the Town of Westerly, County of Washington and State of Rhode Island, hereby approve the conveyance of lot #104, plat of "Quonutocut Central Beach", Charlestown, Rhode Island" by HILYER G. SENNING, MABELLE S. SENNING and HOWARD E. THORP, of Charlestown, in the County of Washington, State of Rhode Island and Commonwealth of Massachusetts, and waive the requirement of ten days notice in writing, and the option of purchase so far as it applies to the transfer of said lot #104 to LESLIE B. VAUGHAN. HOWARD E. THORP In Westerly on the 25th day of November, 1955, before me personally appeared HOWARD E. THORP, to me known and by me to be the party executing the foregoing instrument and he acknowledged said instrument by him executed to be his free act and deed. NELSON H. THORP (Notarial Seal) Notary Public My Commission expires June 30, 1956. Received for record December 29th, A. D. 1955 at 11:00 o'clock, a. m., and recorded by Town Clerk