10/26/1956 · DEED · book 35 page 522 doc 5152@35/522

522 STATUTORY FORM OF WARRANTY DEED. I, AMANDA RODDA of the City of Pittsfield, County of Berkshire and Commonwealth of Massachusetts, hereinafter called the grantor, for consideration paid grant to HAMILTON D. SCHWARZ and CONSTANCE H. SCHWARZ, husband and wife, both of New Canaan, County of Fairfield and State of Connecticut, hereinafter called the grantees, as joint tenants and not tenants in common, remaining to the survivor, with WARRANTY COVENANTS. A certain tract or parcel of land together with buildings and improvement thereon and including the rights of way appurtenant therein, situated and being at Quonocutaug Central Beach in the Town of Charlestown, County of Washington and State of Rhode Island, bounded and described as follows, to wit: Lot No 48 as shown and delineated on a certain plan or plat entitled, "Plan of Quonocutaug Central Beach, Charlestown, R.I., Howard E. Thorp & Trainer, Inc., Agents, eighty feet in the front and rear, and one hundred and twenty feet in the sides, measured along the plat being filed in the Town's Clerk's office in said Town of Charlestown. Said grantees, their heirs and assigns shall have the right to pass and repass to and from and from and to said lot over any road or street, or highway, one or more times, across other certain lots or parcels of land or roads as shown on said plan or plat leading to the right of way described herein and hereby conveyed and agree to tolerate the right of the publicway and all the rights of way leading to the front water, and any other portions of said plat which might hereafter be designated for public use and enjoyment. The grantees, their heirs and assigns, by and hereby covenant and agree to direct, its successors and assigns, on or before the first day of August of each year hereby conveyed and agree to pay to the Quonocutaug Central Beach Fire District, its successors and assigns, on or before the first day of August of each year hereafter, a sum of money as shall from time to time be determined by said District, its successors and assigns, for the maintenance of the roads and other portions that may be designated for public use, and the sums agreed to be paid as aforesaid, a lien and mortgage on the premises hereby conveyed shall attach in case of failure to make any payment within one year after the same shall become due, and the said District, its successors and assigns, shall have the right to foreclose said lien or mortgage, and to sell the convey and to sell the premises at public auction, giving first notice of such sale in a newspaper of general circulation published in said County of Washington for one week and second notice for three successive weeks, and to be upon 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, his heirs and assigns, shall be given ten days written notice and shall have the right to purchase said lot or parcel of land with buildings and improvements thereon at the highest bona fide price in good faith made and actually offered to his said grantees, 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, the said dwelling house shall be erected on the premises in accordance with the building line as shown on said plan, and on granting the street building or buildings on said lot (including the porch) shall approach the street or streets or ocean front nearer than said building line, nor shall any building of any nature or state be erected on said lot closer to the line of the lot than nearer than five feet: no detached garage or other building or buildings on said lot shall be erect than three; that no building or buildings on said lot shall be completed until completed not less than (on 1000 dollars); that all toilets, baths or kitchen or other drains or sewages shall outlet to piped to a suitable septic tank and that all buildings on said lot shall be maintained in an acceptable manner, to the said 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 sailing beach) shall be placed or maintained on the lot which may obstruct the view from any part of any adjoining property or any dwelling house in this colony. Shrubs, flowers, and vegetables shall be permitted. 4. No poultry, swine, cattle, noisy or vicious dogs or cats or any other noisy or objectionable animals shall be kept, raised, bred or permitted to be kept on said premises. 5. The said Quonocutaug Central Beach Fire District, its successors and assigns, reserve the right to enter upon the above described and conveyed premises to lay any pipes conduits or cables or other utilities, and to maintain and repair the same in an acceptable condition as when entered. 6. It is hereby further covenanted, understood and agreed by and between the parties, the heirs and assigns of the aforesaid covenants, conditions and agreements on the part to be kept by the said grantees, their heirs and assigns and on the part of the grantor, it is hereby agreed and made part of the conditions of this sale of purchase that in case of any violation of above the conditions or covenants on the part of the said grantees, their heirs and assigns, the said grantees, their heirs and assigns, the said grantees, their heirs and assigns shall revert to Howard E. Thorp, his heirs and assigns, or the he or they may repose himself hereafter of the said right of reentry and the said grantees, their heirs and assigns right title and interest hereby conveyed shall be forfeited and cease and terminate. Wishing and intending to convey the sum premises conveyed to this grantor by Howard E. Thorp by deed dated October 1, 1937 and recorded in the Land Evidence of said Town of Charlestown in Book #27 at Page #124. I, Wm William Rodda, husband of the within grantor, release to said grantees all my right of curtesy and all other interest in the aforesaid described premises.

523 WITNESS our hands this 24th day of September, 1956. AMANDA RODDA N. Wm. RODDA (DOCUMENTARY STAMPS, $7.15) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly on the 24th day of September 1956, before me personally appeared N. WILLIAM RODDA and AMANDA RODDA, husband and wife, 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. NELSON H. THORP (Notarial Seal) Notary Public Received for record October 26th, A. D. 1956 at 9:40 o'clock, a. m., and recorded by [signature] Town Clerk ---- KNOW ALL MEN BY THESE PRESENTS, that I, AMERICO LABBADIA, of the City and County of Providence, State of Rhode Island, for consideration paid, grant to GERALD D. ZALEWSKI and MARY J. ZALEWSKI, husband and wife, both of said City, County and State, as Joint Tenants and not as Tenants in Common, with QUIT-CLAIM COVENANTS All my right, title and interest, it being an undivided one-half part thereof, in and to those certain lots or tracts of land, together with the buildings and improvements thereon, situated in the Town of Charlestown, County of Washington, State of Rhode Island, shown and designated as Lots Numbers 539, 540, 541 and 542 on that certain map or plat entitled, "Charlestown by the Sea, Charlestown, R. I., owned and developed by Thomas F. Reilly, Scale 1" = 100 feet, date July 25, 1934, H. W. Leighton, Civil Engineer, "New Haven, Conn.", which said plat is recorded with the Records of Land Evidence, said Town of Charlestown, in Plat Book No. 2 at Pages 14 and 15. Together with parking privileges and subject to restrictions of record in the line of title. This conveyance subject to mortgage recorded in Book 34, Page 281, said Land Evidence Records. Being the same premises conveyed by deed of Gilda Greene, one-half part thereof to Gerald J. Zalewski and Mary J. Zalewski as joint tenants and one half part thereof to Americo Labbadia and Angelina Labbadia as joint tenants; said deed bearing date of September 2, 1954 and recorded in said Records of Land Evidence, Book No. 34 at Page 280. Reference to said deed and the records thereof being hereby made and made and the same made a part hereof for a more complete and detailed description of the premises herein conveyed. I, Americo Labbadia, covenant that said Angelina Labbadia has since deceased and have not remarried. WITNESS my hand this 11th day of June, 1956. AMERICO LABBADIA STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Charlestown, on the 11th day of June, 1956, before me personally appeared Americo Labbadia, to me known and known 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. LINTON L. BROWN, Notary Public Received for record October 27th, A. D. 1956 at 9:40 o'clock, a. m., and recorded by [signature] Town Clerk