The instrument's own words
page 1
KNOW ALL MEN BY THESE PRESENTS,
That we, NORMAN L. BENNEKE and wife MARIE ROSE YVONNE BENNEKE, of the Town of
Charlestown in the State of Rhode Island, hereinafter called the Grantors, in consideration
of the sum of Ten (10) Dollars to us paid by ERNEST R. BERESFORD, of the Town of Narragansett
in the State of Rhode Island, hereinafter called the Grantee, the receipt whereof is hereby
acknowledged, do hereby give, grant, bargain, sell and convey unto the said Grantee and his
heirs and assigns forever in fee simple,
Those two lots of land with all Buildings and improvements thereon,
situated in the town of Charlestown, County of Washington, State of Rhode Island, and laid out
and delineated as now appear on the Map (thirty eight) feet by (thirty eight) feet of that plat
entitled, "The Gas Lee Colony in Charlestown and South Kingstown, R.I." Property
of J. L. Benneke, recorded in the Town Clerk's office of the town of Charlestown, Rhode Island
and Platted 1933, 1934, 1936, 1937, 1939; signed Leon L. Holland, Civil Engineer, Scale
1" = 100' The said plat is recorded in the Records of Land Service in said Town of
Charlestown.
This conveyance is made subject to the following restrictions binding upon the
said grantee, his heirs and assigns forever:
1. Only one house private one-family residence and a private garage shall be erected,
placed, maintained or permitted to stand upon each of said lots, or any part thereof, ex-
cepting that any residence or garage erected upon said lots, or any part thereof, be
located over and upon lot line dividing said lots, provided that, the said residence or
garage or fence shall not be erected more nor closer than ten (10) feet to the residence
erected upon said lot 34, nor more nor closer than ten (10) feet to the residence
shall come nearer than five (5) feet to the northerly side line of lot No. 35 (thirty-
five) nor said lot 35 shall come nearer than ten (10) feet to the southerly side line of lot
25 feet from Third Street or Fifth Avenue and that no part of any building, including
porches shall come nearer than ten (10) feet nor linear than twenty (20) feet to the lines
of said Third Street and Fifth Avenue.
2. No garage shall be used as a residence unless it costs the minimum cost of the
residence to be erected in a specified area, and no tents and no automobile trailers shall be erect-
ed, placed or maintained on said premises.
3. All toilets and sink drains on said lots shall be connected with cesspools or
septic tanks, so placed as not to pollute or endanger any drinking water supply, nor
to pollute the waterways of the said town.
4. Said lots, or any part thereof, shall not be used for any trade or business or
commercial purpose or for any public purposes whatsoever.
5. No houses shall be erected, placed or maintained on said lots costing less than
Fifteen thousand (1,000) Dollars without the written consent of the users.
And we, Edward Migan Burdick and Marion Gertrude Burdick, the Mortgagees named in that
certain mortgage from said Marie R. Y. Benneke to said Edward Migan Burdick and Marion Gertrude
Burdick, dated July 29, 1938 and recorded in the Records of Land Service in said Charlestown is
Book 25 at page 147, for consideration paid, release to said Marie Rose Yvonne Benneke, all our
right, title and interest as mortgagors aforesaid, in and to the above described premises. To-
gether with all the right to use the ways, streets and privileges as shown and delineated on said
plat.
TO HAVE AND TO HOLD the aforementioned premises, with all the privileges and appurtenances
thereunto belonging unto, and to the use of the said grantee and his heirs and assigns forever in
fee simple.
And we the said grantors do hereby, for ourselves and for our heirs, executors and ad-
ministrators, covenant with the said grantee and his heirs and assigns, that we are lawfully
seized in fee simple of the said grant premises that the same are free from all incumbrances,
excepting as aforesaid; that we have good right, full power and lawful authority to sell and
convey the same in manner as asserted; that the said grantee and his heirs and assigns shall by
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 affirm, warrant and de-
fend the same to the said grantees and his heirs and assigns forever against the lawful claims and
demands of all persons, excepting as aforesaid.
IN WITNESS WHEREOF, we have hereunto set our hands and seal this 31st day of March in the
year of our Lord one thousand nine hundred and thirty eight (1938)
Signed and sealed in presence of:
LINTON L. BROWNE
EDWARD MIGAN BURDICK (L. S.)
MARION G. BURDICK (L. S.)
MARIE ROSE YVONNE BENNEKE (L. S.)
NORMAN L. BENNEKE (L. S.)
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258
STATE OF RHODE ISLAND) (INTERNAL REVENUE STAMP, 50¢)
County of Washington )
In Charlestown in said County on the 3rd day of March A. D. 1938, before me
personally appeared the above named grantors, Norman L. Behnke and wife Marie Rose Yvonne
Behnke, both of them to me known and known by me to be the parties executing the foregoing
instrument and 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 in said County on the 3rd day of March A. D. 1938 before me per-
sonally appeared the above named Edward Adgar Burdick and Marion Gertrude Burdick, both of
them to me known and known by me to be the parties executing the foregoing instrument and
acknowledged said instrument, by them executed to be their free act and deed.
LINTON L. BROWN
Notary Public.
Received for record March 4th, A. D. 1938 at 9:00 o'clock, a. m., and recorded by
[Signature]
Town Clerk.
I, MARL B. BOWLER, Collector of Taxes, of the Town of Charlestown, County of Wash-
ington and State of Rhode Island, for the year 1936, in the matter of the real estate taxes
to Robert X. Holloway et als, Harold Lindberg and Abby Ellen Pickham, which said real estate
was this day sold by me at Tax Collector's Sale on this date for the payment of taxes for the
said year 1936, together with interest on said taxes and the costs and expenses incident to
said auction or sale, I hereby make the following return and say:
That said tax was duly ordered assessed in Town Meeting held April 11th, A. D.
1936; that the rate of one dollar and twenty cents on each one hundred dollars of the value
of the ratable real estate and tangible personal property was set according to law by the
Board of Tax Assessors of said Town and that said taxes were assessed by said Board of Tax
Assessors, on the 15th day of June, A. D. 1936, and a warrant was duly issued by the Town
Treasurer of said Town of Charlestown to the said Collector of Taxes of said Town, to
collect the same; that said taxes were due and unpaid at the date of said sale; that notice of the
time and place of said sale was duly given by advertisement in the Shamrock News, a newspaper
published in said Town, for the necessary number of times, and length of time, required by law,
and also by posting notices for the same period in three public places in said Town of Charles-
town, to wit: Charlestown Post Office Town Clerk's Office, and office of the Shamrock Press,
and notice by registered mail, to all persons interested in said properties, as required by
law; that said auction or sale was held at two o'clock, p. m., Daylight Saving time on
Thursday, July 22nd, A. D. 1937 at the Town Clerk's Office in said Town, in accordance with
said notice, and that said estates were sold at Public Auction, to the highest bidder or
bidders, who are hereinafter named for the respective sums set forth; that said property was
sold by Robert P. Day, a duly qualified auctioneer, of said Charlestown under my direction, to
The page as recorded
