12/3/1956 · DEED · book 35 page 575 doc 5201@35/575

575 Plantations Back of Rhode Island, having received full payment and satisfaction of the within mortgage, recorded in the Land Evidence Books in the Town of Charlestown in Mortgage Book 35 at page 574, does hereby cancel and discharge the same. IN TESTIMONY WHEREOF, said Company has caused these Presents to be signed and its Corporate Seal to be hereunto affixed by its Vice Pres., Milton A. Bence and Asst. Sec'y, Lionel D. Guerra duly authorized this, 18th day of October A. D. 1966. PLANTATIONS BANK OF RHODE ISLAND (Corporate Seal) By Milton A. Bence Milton A. Bence, Vice President Lionel D. Guerra Lionel D. Guerra, Assistant Secretary Ann D. Ivers as to both Received for record March 7th, A. D. 1968 at 10:30 o'clock, p. m., and recorded by [Signature] Town Clerk ---- 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 ($10.00) Dollars to us paid by EDDIE BALLARD and ANTONIA BALLARD, his wife, both of the Town of West Warwick, County of Kent, Rhode Island, the receipt whereof is hereby acknowledged, do give, grant bargain sell, and convey unto the said Grantees, as joint tenants and not as tenants in common, and their heirs and assigns forever in fee simple: That certain tract of land in said Charlestown, Rhode Island, designated as Lot No. Forty-six (46) on that plat nr entitled "Sea Lea Colony in Charlestown and South Kingstown, R.I." Property of M. R. Y. Behneke, Numbered Lots Representative Area of Sea Lea Colony, Surveyed and Platted 1933, 1934, 1936, 1937, 1938 - Leon L. Collaud, Civil Engineer. A record copy of said plat is recorded in the Land Evidence Books of the Town of Charlestown. This conveyance is made subject to the following restrictions binding upon the said Grantees, their heirs and assigns: 1. Only one private one-family residence and a private garage shall be erected, placed, sustained or permitted upon said lot, or any part thereof, and no part of any building, lot, including porches, shall be erected any distance less than Fifteen (15) feet from the Sea Lane Avenue, Twenty (20) feet from Fifth Avenue, and Five (5) feet from the South and West boundary lines. 2. No garage shall be used as a residence unless it costs the minimum cost of the residence to be erected on said lot, and no auto trailers shall be erected, placed or sustained or maintained on said lot. 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 nor for any public utility easement whatsoever. 5. No house shall be erected, placed or maintained on said lot costing less than Fifteen Hundred ($1500) Dollars without the written consent of these Grantors. Also, that certain strip of land in South Kingstown, Rhode Island, designated as Dock Strip No. One Numbered Fifty-six (156) on the above referred to Sea Lea Colony Plat, which plat is recorded in the Records of Land Evidence in the Town of South Kingstown. This strip is conveyed subject to the following restrictions: (a) No building other than a dock shall be erected on said strip of land. No pipes shall run from or through this land to Grantee's House. No planting shall be maintained on said strip of land nor shall any person pollute the waters of the strip. (b) No part of said land shall be used for any trade or business or for any commercial or public purpose whatsoever. No person may use said premises as sleeping quarters or for a trailer or tent. The use of said strip of land shall be limited to a tidal pier at least rear and free from any unsightly litter. (c) Said premises are conveyed exclusively for the purpose of giving to the Grantees, who are owners of Lot No. Forty-six (46) on the herein described plat, access to Green Street Hill and boating privileges thereon and cannot be leased, shared, rented or used for the use thereof giving a right of way to any other person. The right to erect a dwelling house that may be built on said Lot No. Forty-six (46) is the express intention of this restriction to prevent the use of this strip of land by any other whatsoever lot intention of this restriction to prevent the use of this strip of land by any other whatsoever lot owners on adjacent plats and by anyone other than the owner or legal occupants of the dwelling house on said Lot No. Forty-six (46). (d) Community privileges and paths, ways and streets of Sea Lea Colony adjacent to this strip of land are reserved for the exclusive use of Sea Lea Colony to protect their quiet and peaceable enjoyment of these privileges and their use cannot be granted by owners of lots on Sea Lea Colony to lot owners on adjacent plats or to any other persons.

576 (e) Said strip of Land No. One Hundred Fifty-six (156) must be conveyed with Lot No. Forty-six (46) and cannot be sold separate and apart from them. Should any attempt be made by any Grantee, their heirs, executors, administrators, assigns, to convey, lease or rent said strip of Land No. One Hundred Fifty-six (156) separately from Lot No. Forty-six (46), the fee in said strip of Land No. One Hundred Fifty-six (156), and immediate possession may revert to these Grantors, their heirs, executors, administrators and assigns immediately upon being taken of said land by them. Failure of said Grantors, their heirs and assigns to enter and take possession upon such breach shall not Constitute a waiver of their right to do so. TO HAVE AND TO HOLD the aforementioned premises, with all the privileges and appurtenances thereunto belonging, unto and to the use of the said Grantees, as joint tenants and not as tenants in common, and their heirs and assigns forever in fee simple. 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 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 warrant and defend the same to the said Grantees and their heirs and assigns Forever against the lawful claims and demands of all persons excepting as aforesaid. IN WITNESS WHEREOF, we NORMAN L. BEHNEKE and wife, MARIE ROSE YVONNE BEHNEKE, have hereunto set our hands, this 27th day of November in the year of our Lord One Thousand Nine Hundred and Fifty-six. NORMAN L. BEHNEKE MARIE ROSE YVONNE BEHNEKE (DOCUMENTARY STAMPS, $1.10) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Charlestown on the 27th day of November, 1956, before me personally appeared NORMAN L. BEHNEKE and MARIE ROSE YVONNE BEHNEKE, both to me known and known by me to be the persons 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 December 3rd, A. D. 1956 at 11:45 o'clock, a. m., and recorded by [?] Town Clerk ---- WARRANTY DEED We, EVERETT R. GRAICHEN and wife, LUCY GRAICHEN, both of the Town of Charlestown, County of Washington, in the State of Rhode Island for consideration paid, grant to GEORGE ALFRED WHITCOMB and wife, VIRGINIA S. WHITCOMB, both of the town of Rocky Hill, County of Hartford, State of Connecticut, as Joint Tenants, with right of Survivorship, and not as Tenants in Common, with WARRANTY COVENANTS excepting the hereinafter mentioned restrictions: That certain lot or parcel of land situated in the Town of Charlestown in the County of Washington, State of Rhode Island laid out and designated as Lot Number Eighty (80) on that plat entitled, "Section No. 2, Ebay Harbor, Charlestown, R. I." belonging to LUCY GRAICHEN, Clifford R. Stewart, Surveyor, March 2, 1953 which plat is recorded in the office of the Town Clerk of the town of Charlestown in Plat Book #2.