8/17/1956 · DEED · book 35 page 435 doc 5049@35/435

and Nelson H. Thorp by deed dated September 2, 1952 and duly recorded in the Land Evidence Records in the Town of Charlestown in Book #33 at Pages #277 - #278. This deed is made subject to an easement to the Quonocutaug Central Beach Fire District, to lay and maintain water pipes over the front portion of said premises as of record. WITNESS our hands this 17th day of August 1956. PAUL M. KEARNEY FRANCES A. KEARNEY (DOCUMENTARY STAMPS, $1.10) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly on the 17th day of August 1956, before me personally appeared PAUL M. KEARNEY and FRANCES A. KEARNEY, husband and wife, to me known and 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. EDWARD E. THORP (Notarial Seal) Notary Public Received for record August 17th, A. D. 1956 at 2:15 o'clock, p. M., and recorded by [Signature] Town Clerk ---- STATUTORY FORM OF WARRANTY DEED. I, KATHARINE R. VAN OST of the City of Hackensack, County of Bergen and State of New Jersey, for consideration paid grant to PAUL M. KEARNEY and FRANCES A. KEARNEY, husband and wife, both of the Town of Westerly, County of Washington and State of Rhode Island, as joint tenants and not tenants in common, meaning to the survivor, with WARRANTY CONVEYANTS. A certain tract or parcel of land situated and located at Quonocutaug Central Beach, or called, in the Town of Charlestown, County of Washington and State of Rhode Island, bounded and described as follows: Beginning at a point on the westerly line of Ningret Avenue, so called, said point being the southeasterly corner of the parcel herein conveyed and the northeasterly boundary corner of land of Esther O. Tetlow, thence by the right angle and westerly line of Ningret Avenue, one hundred forty (140) feet to the southeasterly corner of the parcel herein conveyed, thence by the right angle and extending northeasterly six-five (65) feet, thence by the right angle and extending northeasterly one hundred forty (140) feet to the southeasterly corner of land of John A. Riley, et ux, thence turning a right angle and extending northeasterly one hundred forty (140) feet to the northeasterly corner of the parcel herein conveyed, thence by the right angle and southeasterly line of Ningret Avenue six-five (65) feet, thence southeasterly along the westerly line of Ningret Avenue six-five (65) feet to the point and place of beginning, the whole being bounded on the north by land of John A. Riley, et ux, southeasterly by land of Esther O. Tetlow, easterly by Ningret Avenue and westerly by land of Esther O. Tetlow. Meaning and intending to convey Lot #204 as shown and delineated on that certain plan or plat entitled, "Plan of Quonocutaug Central Beach as extended February, 1946, Charlestown, R.I." prepared by Engineer E. E. and N. H. Thorp, total area 1.3 acres, July, 1946, Book I, Page 1, Lands Engine. Said grantors, their heirs and assigns shall have right to pass and repass and to pass and convey from and to said lot or tract of land on foot or otherwise, over, on and across those certain ways, or ways of access, as now exist on the above mentioned plat and also on that certain plan or plat entitled, "quonocutaug Central Beach," recorded in the land evidence of Charlestown, R.I. September 1935 in Book 15 at Page 118, the right of way leading from the road to the fresh water pond, and any other portions of said plats marked for "roads" after be designated the right of way for the public, for themselves, their heirs and assigns, that the said grantors, their heirs and assigns covenant and agree with the said grantee, his heirs and assigns, that the said grantee, his heirs and assigns shall have the right to use the Quonocutaug Central Beach Fire District, its successors and assigns, or on or before the first day of July, 1965, in the event that said Fire District (or its successors and assigns) hereby conveyed, said sum to be applied and expended by the said Quonocutaug Central Beach Fire District, its successors and assigns, in a manner they shall see most expedient to the care and maintenance of the roads and other portions that may be designated for public use, and the said sum of $100.00 shall be paid every five years, and if the same upon the premises here conveyed, and in case of failure to make any payment within one year after the same shall become due, it shall be lawful to the said Quonocutaug 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 said

436 County of Washington at least once each week for three successive weeks and to become the purchaser or purchasers at said sale. This conveyance is made and accepted subject to the following conditions and restrictions, NAMELY: 1. In case of a contemplated sale of said lot or parcel of land or any part thereof, Howard E. Thorp and Nelson R. Thorp, their heirs and assigns, shall be given ten days notice in writing and shall have the first option to purchase the same at bone fide price in good faith the buildings or improvements actually existing on the premises, and said heirs and assigns shall have absolutely equal right to the said premises, their heirs and assigns. 2. The above conveyed premises shall be used only as a site for one dwelling house on the lot hereby conveyed, which dwelling house shall be erected on the premises in accordance with the building line shown as line a on said plat, and no portion of any improvement or structure on said lot (except for steps) shall approach the building line of buildings or streets or conveyances than said building line nor shall any building or of any nature and kind whatever occupy the approach to said building line nor shall any other building or outbuilding or buildings shall be erected thereon; dwelling house when erected on said lot shall not be completed until all facilities for the prevention of fire and the installation of toilets, baths, kitchen or other to be drains or sewage outlets shall be piped to a suitable cesspool or septic tank to be constructed and installed by the owner of said premises on the premises, their heirs and assigns at their own cost and expense. 3. No division of line walls, hedges or fences shall be permitted nor, trees of any kind, now any thing (except the landscaping and shrubs) that shall in any way obstruct the view from any part of the adjoining property or any dwelling house in this colony: shrubs, flowers and vegetables shall be permitted. 4. No poultry, swine, cattle, molly or vicious dogs or cats or any other noise or offensive animals or odors shall be permitted or to be kept on said premises. 5. The Quonocutunk Central Beach Fire District, its successors and assigns, reserve the right to enter upon the above described and conveyed premises to lay conduits or pipes, or to repair same. 6. It is further covenanted, understood and agreed by and between the parties hereto that all the aforesaid conditions, covenants and agreements on the part of the said grantors, their heirs and assigns conditions on their part to be kept and performed and made a part of the consideration with the land hereby conveyed shall be deemed and made a part of the consideration of this sale and purchase that in case of any violation of the above conditions the covenants on the part of the grantors, their heirs and assigns, that the title and fee to said premises shall revert to said Howard E. Thorp and on Nelson R. Thorp, their heirs and assigns, or to be det my the grantors or their heirs and assigns, the hereby granted and conveyed title and interest hereby conveyed shall be forfeited and cease and terminate. Meaning and intending to convey the same premises conveyed to this grantor by Howard E. Thorp and Nelson R. Thorp by deed dated October 26, 1955 and duly recorded in the Land Evidence Records in the Town of Charlestown in Book #35 at Pages #156 - #157. I, Katharine R. Van Ost covenant that I am unmarried. WITNESS my hand this 17th day of August 1956. KATHARINE R. VAN OST (DOCUMENTARY STAMP, 55¢) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Charlestown on the 17th day of August 1956, before me personally appeared Katharine R. Van Ost, to me known and known by me to be the party executing the foregoing instrument, and she acknowledged said instrument by her execution to be her free act and deed. HOWARD E. THORP Notary Public Received for record August 17th, A. D. 1956 at 2:16 o'clock, p. m., and recorded by [Signature] Town Clerk