2/1/1957 · DEED · book 35 page 605 doc 5228@35/605

605 STATUTORY FORM OF WARRANTY DEED We, HOWARD E. THORP and NELSON H. THORP, both of the Town of Westerly, County of Washington State of Rhode Island, for consideration paid grant to ROBERT P. MOGIELNICKI and AMELIA B. MOGIELNICKI, husband and wife, both of Hartford, County of Hartford and State of Connecticut, as joint tenants and not tenants in common, meaning to the survivor, with WARRANTY COVENANTS. Two certain contiguous tracts or parcels of land situated and located at Quonsetcong Beach, so called, in the Town of Charlestown, County of Washington and State of Rhode Island, husband and tenants as follows: Beginning at a point on the northerly line of Lucas Avenue, so called, said point being the southeasterly corner of the parcel herein conveyed and the southeasterly corner of the seventy-two hundredths (152.74) feet square, more or less, the northeasterly corner of the parcel herein conveyed as stated in a deed from Howard E. Thorp to Robert P. Mogielnicki and Amelia B. Mogielnicki conveyed a total of 111.70 feet more or less, and said stone boundary line extends eleven and seventy hundredths (11.70) feet, more or less to the northerly corner of the parcel herein conveyed as stated in a deed from Howard E. Thorp to Robert P. Mogielnicki and Amelia B. Mogielnicki (136.46) feet, more or less to the southeasterly corner of the one parcel herein conveyed at a point on the southerly line of Lucas Avenue, so called, then running westerly along the northerly line of Lucas Avenue one hundred ninety-eight and seventy-four hundredths (198.74) feet, more or less to a point on the northerly line of a certain piece of land being part of a larger piece of land westerly owned by Land of M. R. Phillips and land of Dorothy P. Rockwell, northbound westerly owned by Land of Dorothy P. Rockwell and southeasterly owned by Lucas Avenue, so called. Meaning and intending to convey lots #190 and #191 as shown and delineated on that certain plan or plat entitled, "Map of Quonsetcong Central Beach as existed February 28, 1948," Charlestown, R. I., property of H. E. and W. N. Thorp, scale 1 inch equals 50 feet, July 1948, Rossel & Lewis. Said grantees their heirs and assigns shall have the right to pass and repass to and from and free and unrestrained to walk tread or trot on footway, over or across and across those certain rights of way or roads as named in the above description and also across those certain rights of way as shown on the Quonsetcong Central Beach, dated October 8th, 1924, revised September 10, 1929," leading to the beach and also across those certain rights of way shown on said plat which might be hereafter designated for private and public use; the said grantees, for themselves, their heirs and assigns, that the said grantees, their heirs and assigns, shall pay to Quonsetcong Central Beach Fire District, the sum of one dollar ($1.00) in each year of their tenure and assigns for each lot hereby conveyed, said sum to be paid the anniversary of the date of this deed, in their heirs and assigns, and their assigns, and their heirs and assigns, and their assigns, and in their uncontrolled discretion to the care and maintenance of the roads and other public ways on the premises, and the sum of one dollar ($1.00) in each year of their tenure and assigns shall be a lien upon the charges upon the premises hereby conveyed, and in case of failure to make any payment within one month from the anniversary of the date of this deed, the Quonsetcong Central Beach Fire District, its successors and assigns, to sell and convey the premises at public sale at the Town Hall of Charlestown, R. I., same with the buildings on the premises in said County of Washington at a fair auction once each week for three successive weeks, and to sell the same to the purchaser or purchasers at a fair auction, subject to the aforementioned conditions and restrictions, NAMELY: In case of a contemplated sale of said lots or parcel of land or any part thereof, Howard E. Thorp or Nelson H. Thorp, their heirs and assigns, shall be given ten days notice in writing and shall have the right, conveying which dwelling house, to match the same with the buildings and improvements thereon at the highest bona fide price in good faith made and actually offered to the said owners. The above conveyed premises shall be used only as a site for one dwelling house on each lot hereby conveyed, which dwelling house, and no other building and no portion of any building in accordance lot hereby conveyed, shall be erected or placed and no portion of any building or any other building or dwelling house (including porch) shall approximate the streets or the streets or open court front with the building line of the lot no nearer than side limits of the lot no nearer than five feet therefore; no detached garage other building or outbuildings shall be erected on said lot unless said garage or other building or outbuildings shall be located at a distance of not less than one thousand dollars, all toilets, all toilets, baths, kitchen or other drains or sewage outlets shall be connected to the sewer system or septic tank or septic tank to the land as provided for on the above the premises by the grantees, their heirs and assigns to their own cost and expenses. 3. No division or line walls, hedges or fences shall be permitted, nor trees of any kind, animating existing hereby conveyed, shall be cut, removed or in any way obstruct the view from any part of the adjoining property nor any dwelling house in any colony shrubbery, flowers and vegetables shall be permitted. 4. No poultry, swine, cattle, noisy or vicious dogs or rats or any other noisy or objectionable animals or birds shall be kept or permitted to be kept on said premises. 5. The said Quonsetcong Central Beach Fire District, its successors and assigns, reserves the right to enter upon the above described and conveyed premises to lay pipe outlets or vents or signs, or repair the same, provided that the premises be left in as good condition as when entering. 6. It is further covenanted, agreed 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, on their part to perform and perform the said conditions and covenants as stated in this deed, and the parties hereto have agreed to make a part of the consideration of this sale and purchase that in case of any violation of the above conditions or covenants on the part of said grantees their heirs and assigns, the title to said lots or parcel of land shall revert to said Howard E. Thorp and or Nelson H. Thorp, their heirs and assigns, and he or they may repossess himself or themselves of the same with all the rights, title and interest hereby conveyed shall be forfeited and cease and terminate.

606 We, MARY E. THORP and MERLE N. THORP, wives respectively of the grantors, release to said grantees, all our right of dower and all other interest in the aforesaid described premises. WITNESS our hands this 10th day of January 1957. HOWARD E. THORP MARY E. THORP NELSON H. THORP MERLE N. THORP (DOCUMENTARY STAMPS, $1.65) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly on the 10th day of January, 1957 before me personally appeared Howard E. Thorp, Nelson H. Thorp, Mary E. Thorp and Merle N. Thorp, 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. PAUL W. KEARNEY (Notarial Seal) Notary Public Received for record February 1st, A. D. 1957 at 9:35 o'clock, a. m., and recorded by [Signature] Town Clerk ---- STATUTORY FORM OF WARRANTY DEED. CHARLESTOWN ESTATES, INC. a corporation duly incorporated under the Laws of the State of Rhode Island, and having a place of business in the Town of Westerly, County of Washington and State of Rhode Island, for consideration paid grant to EDWARD B. WHELAN and KATHLEEN W. WHELAN, husband and wife, both of North Providence, County of Providence and State of Rhode Island, as joint tenants and not tenants in common, meaning to the survivor, with WARRANTY COVENANTS. A certain tract or parcel of land located on the easterly side of Ninigret Road, so called, at Quonsetquontuch Beach in the Town of Charlestown, County of Washington and State of Rhode Island, and bounded and described as follows, to wit: Lot #309 as shown and delineated on a certain plan or plat entitled, "Plat of Quonsetquontuch Highlands at Quonsetquontuch Beach, Rhode Island, property of L. S. Davis, Esq., Davis, loam, Rhode Island, dated and filed February 1st, 1956," Said plat being duly filed in the Land Evidence Records of said Town of Charlestown. Said Lot contains Twenty eight thousand four hundred square feet; it is bounded northerly by the building line which is twenty feet from the center of Ninigret Road, property of the building line (125 feet in depth) and is bounded southerly and northeasterly by other lands of the grantor, southerly by land of John H. Thorp and southwesterly by Ninigret Road, so called. The above conveyed premises shall be used as a site for not more than one residence on the Lot hereby conveyed, said residence to be of a class of cost not less than the sum of one thousand ($1000) dollars and to be constructed in accordance with the building line which is twenty feet from the center of Ninigret Road, property of the building line constructed (notch included) shall approach the street nearer than said building line and no portion of said building shall approach the side or rear lines of the Lot, and no other building or buildings shall be erected thereon, and all toilets must be sanitary flush toilets, and all toilets and sinks must drain into a septic tank approved by the State. In consideration of the purchase price it is understood and agreed that the above restrictions and reservations shall apply to and run with the land for a period of twenty years from January 1st, 1957. The grantor, their heirs, executors, administrators, assigns, licensees, servants or agents shall have the right in common with others to cross over and across Lot #309 from Atlantic Avenue, Rhode Island, to the property of L. S. Davis, and their heirs, administrators, assigns, licensees, servants or agents shall have the right in common with others to cross and re-cross at all times and for all purposes the road way leading to said lot, all shown as on Lot #309 and the way leading to said lot, as shown on the "Plat of East Beach at Quonsetquontuch, property of L. S. Davis, loam, Rhode Island, dated and filed June 100 feet, revised July, 31st," Which plat is duly filed in the Land Evidence Records of said Town of Charlestown.