2/21/1957 · DEED · book 35 page 624 doc 5250@35/624

624 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 1, 1957. The grantees, their heirs, executors, administrators, assigns, licensees, licensees, servants or agents shall have the right and common with others to access the beach from Lot #489 from Atlantic Avenue to the beach, and the grantees and their heirs, executors, administrators, assigns, licensees, servants or agents shall have the right to access the beach with others to access and recourse at all times and for all purposes over that certain Lot 1/2 and the 10 foot right of way leading to said lot, as shown on a survey or certain plan or plat entitled, "Plat of East Beach at Quonsetcong, R. I., property of S. L. [?]," dated December 11, 1935, and recorded in the land evidence records revised July, 1931". Said plat is duly filed in the Land Evidence Records of said Town of Charlestown. IN WITNESS WHEREOF, the said corporation has caused these presents to be signed by its President and Treasurer, hereby duly authorized and the corporate seal to be Hereunto affixed at Westerly, Rhode Island, this 7th day of January 1957. CHARLESTOWN ESTATES, INC. (Corporate Seal) Howard E. Thorp President Nelson H. Thorp Treasurer (DOCUMENTARY STAMPS, $1.10) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly on this 7th day of January 1957, before me personally appeared Howard E. Thorp, to me known and known by me to be the President of said corporation, and Nelson H. Thorp, to me known and known by me to be the Treasurer of said corporation, and they acknowledged said instrument by them executed to be the free act and deed of said corporation and as well individually. JOAN Z. AEREN (Notarial Seal) Notary Public Received for record February 21st, A. D. 1957 at 1:20 o'clock, p. m., and recorded by [Signature] Town Clerk ---- STATUTORY FORM OF WARRANTY DEED. "We, HOWARD E. THORP and NELSON H. THORP, both of the Town of Westerly, County of Washington and State of Rhode Island, for consideration paid grant to PAUL E. MONAHAN and EVELYN R. S. MONAHAN, husband and wife, both of Windsor, 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, and bounded and described as follows; to wit: Beginning at a point on the westerly side of Niantic Avenue, so called; said point being the northeasterly corner of the parcel herein conveyed, bounded on the southeasterly boundary by the deed of the greatest grantor; thence southwesterly corner of the westerly line to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly line of Niantic Avenue one hundred forty-eight feet angle [?] to the westerly

625 Meaning and intending to convey Lots #203 and 204, as shown and delineated on that certain plan or plat of reference, "Plat of Quonocutong Central Beach as existing January 1, 1948", Charlestown, R. I., property of H. E. and M. H. Thorp, scale 1 inch equals 80 feet, July, 1948, Rossi & Lewis, Engrs. Said grantees, their heirs and assigns shall have the right to pass and repass to and from and free and clear to and from said lots by the front or otherwise, over and on and across those certain rights of way or roads as shown on the above mentioned plat and also on that certain deed dated September 10, 1929, leading to the Beach and also on that certain deed dated September 10, 1929, for the purpose of providing the right of way leading from the Road to the Beach thereafter be designated for public use; the said grantees, for themselves, their heirs and assigns hereby agree and covenant with the said grantors, for themselves, their heirs and assigns, that the said grantees, in their heirs and assigns will shall pay to Quonocutong Central Beach Association, in District No. 1, the annual assessment for the maintenance of the First Day of August in each year hereafter the sum of five (5) dollars for each lot hereby conveyed said sum shall be a prerequisite to the use of Quonocutong Central Beach Fire District, its successors and assignees, in its and their uncontrolled discretion to set up a provided fire hydrant on the road leading to the Beach and the road designated for public use, and the said sums agreed to be paid hereby made a lien and charge upon the said lots and the said sums if not paid on or before the first day of May subsequent to any assessment within one year after the same shall become due, it shall be for the said Quonocutong Central Beach Association, its successors and assignees, to sell in accordance with the laws of the state by public auction, first giving notice of such sale in some newspaper published in said County of Washington, at least once two weeks before the auction, and the proceeds of such sale the purchaser or purchasers at said sale. This conveyance is made and accepted subject to the following conditions as to restrictions: 1. In case of a contemplated sale of said lots or parcels of land or a part thereof, Howard E. Thorp and/or Nelson H. Thorp, their heirs and assigns, shall have, for two days, in writing, a first right of refusal and option to purchase the same with the buildings and improvements thereon at the highest bona fide price in good faith made and actually offered to them by a third party, their heirs and assigns. 2. The above conveyed premises shall be used only as a site for one single family dwelling on each lot hereby conveyed, which dwelling house shall be erected on the said lot and plat no other buildings or buildings other than dwelling houses (porch included) shall approach the streets or streets or ocean front nearer the said dwelling house than the said dwelling house shall be; buildings or any structure shall approach the side lines of the lot nearer than five feet therefore; no detached garage or other structure shall be erected on the said lot shall cost when completed not less than one thousand dollars, all toilets, baths, kitchens or other drains or sewage shall be installed in a manner to be approved by the grantees, their heirs and assigns at two and one half feet. 3. No division of line oval bridges or fences shall be permitted, nor trees of any kind, nor nothing (except the dwelling house) that in any way obstruct the view from any part of the aforementioned premises to any dwelling house in this colony; chimneys, dumps and vents shall be permitted. 4. No poultry, swine, cattle, dogs, noisy or vicious dogs or cats or any other noisy or objectionable animals or birds shall be kept or permitted to be kept on said premises. 5. The said Quonocutong Central Beach Fire District, its successors and assignees, reserve the right to serve the other upon the above described and conveyed premises to lay any pipe conduits or pipes as may be necessary for the purpose of leaving the premises in as good condition as when entered. 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 grantees, their heirs and assigns, on their part to be kept and performed and made a attach to and run with the said lots and parcels of land and further agreed and in case of any violation of the above conditions or covenants the said grantors and said grantees and their heirs and assigns, that the title to said lots shall revert to said Howard E. Thorp and Nelson H. Thorp, their heirs and assigns and be and become null and void and all right, title and interest hereby conveyed shall be forfeited and cease and terminate. 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 aforementioned premises. WITNESS our hands this 14th day of January 1957. (DOCUMENTARY STAMPS, $1.65) HOWARD E. THORP MARY E. THORP NELSON H. THORP MERLE N. THORP STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly on the 14th 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 by me known to be the parties executing the foregoing instrument and they acknowledged said instrument by them executed to be their free act and deed. PAUL M. KEARNEY (Notarial Seal) Notary Public Received for record February 21st, A. D. 1957 at 1:25 o'clock, P. M., and recorded by Town Clerk