9/10/1957 · DEED · book 36 page 105 doc 5452@36/105

105 STATUTORY FORM OF WARRANTY DEED. I, FOSTER B. DAVIS, Jr. of the City of Providence, County of Providence and State of Rhode Island, hereinafter called the grantor, for consideration paid grant to WARREN R. SMITH and LOUISE CLARK SMITH, husband and wife, both of Ridgewood, County of Bergen and State of New Jersey, hereinafter called the grantees, as joint tenants and not tenants in common, meaning to the survivor, with WARRANTY COVENANTS. Three certain tracts or parcels of land together with all buildings and improvements thereon and including the furnishings therein, situated and lying on the southerly side of Ocean View Avenue at Quonochontaug, Charlestown, in the Town of Charlestown, County of Washington, State of Rhode Island, and bounded and described as follows, to wit: Lots #115-#115-A#113 as shown and delineated on a certain plan or plat entitled, "Plat of quonochontaug Central Beach, Charlestown, Rhode Island, Thorpe & Trainer, Inc. Agts., Revised to September 10, 1929," Said plan or plat is recorded in the Land Evidence Office of the Town of Charlestown. Said grantees, their heirs and assigns shall have the right to pass and repass to and from and over and across the said lots or tracts on footpaths or otherwise, and to enter and occasion certain rights of way or roads as shown on said plan or plat leading to the beach and also the right of way for the purpose of installing water pipes, sewer pipes, gas pipes and other portions of said plat which might hereafter be designated for public use; the said grants, their heirs and assigns shall have the right to use the beach; and the grantor does hereby grant to grantor, his heirs and assigns, that the said grantees, their heirs and assigns, and will, shall pay to quonochontaug Central Beach Fire District, its successors and assigns, the sum of Five (5) Dollars, on or before the First day of August in each year hereafter the sum of Five (5) Dollars; on or before the First day of August in each year hereafter the sum of Five (5) Dollars; on or before the First day of August in each year hereafter the sum of Five (5) Dollars; for each lot hereby conveyed; said sum is to be expended by the said District, in its uncontrolled discretion for the care and maintenance of the roads and other portions that may be designated for public use; the said grantees, their heirs and assigns, shall be lawfully entitled to charge upon the premises hereby conveyed and, in case of failure to make any payment within one year after the same shall become due and payable, the said Land Evidence Office of quonochontaug Central Beach Fire District, its successors and assigns, to sell and convey the premises in Public Auction, the proceeds of which sale shall be paid into the office of the publisher and be announced for three successive weeks; and the said sale shall be valid and accepted subject to the following conditions and restrictions, NAMELLY: 1. In case of a contemplated sale of said lots or parcels of land or any part thereof, the grantor shall give to Howard S. Thorp, his heirs and assigns, not less than ten days notice in writing and shall offer to him the first 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 the said grantees, their heirs and assigns. 2. The above conveyed premises shall be used only as a site for one dwelling house on each lot hereby conveyed, which dwelling house shall be erected on the premises in accordance with the building laws in effect, the said dwelling house or houses, or any other buildings or dwelling houses (porch included) shall approach the street or streets or ocean front narrower than said building shall be set back from the street or streets or ocean front approach the side lines of the lot nearer than five feet therefore no detached garage or other building shall be erected on the premises, no dwelling house or other building erected on said lot shall cause when completed not exceed one thousand (1000) dollars; all toilets, baths, laundries, kitchens and other plumbing fixtures shall be provided with septic tanks or cesspool or septic tank to be constructed and maintained on the above premises by the grantees, their heirs and assigns, at their own cost and expense. 3. No division or line walls, hedges or fences shall be permitted, nor other trees of any kind, nor anything else, that shall be placed on the premises in such a way as to obstruct the view from any part of any adjoining property or any dwelling house in this colony; shrubs, flowers and Virginia creeper shall be permitted. 4. No poultry, swine, cattle, nostalgia or vicious dogs or cats or any other noisy or objectionable animals and birds shall be kept or permitted to be kept on said premises. 5. The said Quonochontaug Central Beach Fire District, its successors and assigns, reserve the right to enter upon the said premises at any reasonable time for the purpose of laying in pipe outlets or pillars, or repairing the same pipes, always leaving the premises in as good condition as when entered. 6. It is hereby further conveyed, understood and agreed by and between the parties and the said grantees, with their heirs and assigns, on the one part, and the grantor, his heirs and assigns, on the other part, with the land hereby conveyed; it is further agreed and made 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 the grantees or their heirs and assigns, the right and title to the said lots or parcels of premises shall revert to said Howard S. Thorp, his heirs and assigns, and he and they may respectively demand and recover the same, and the said grantees, their heirs and assigns, shall lose and forfeit their hereby conveyed shall be forfeited and cease and terminate. Meaning and intending to convey the same premises conveyed to this grantor by Edwardes and Louise May lately by a deed dated September 10, 1936 and recorded in the Land Evidence Records and office of the Town of Charlestown in Book #32 at Page #689. By Sylvia C. Davis wife of the grantor release to grantees all my right of power and all other interest in the aforesaid premises. FOSTER B. DAVIS, JR. SYLVIA C. DAVIS WITNESS our hands this 27th day of August 1957. FOSTER B. DAVIS, JR. SYLVIA C. DAVIS (DOCUMENTARY STAMPS, $12.65)

106 STATE OF RHODE ISLAND COUNTY OF PROVIDENCE In Providence on the 27th day of August, 1957, before me personally appeared Foster B. Davis, Jr and Sylvia C. Davis, 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. EDWARD S. WHITE (Notarial Seal) Notary Public My Commission expires June 30, 1961. Received for record September 10th, A. D. 1957 at 11:56 o'clock, a. m., and recorded by [Signature] Town Clerk ---- TO ALL PEOPLE TO WHOM THESE PRESENTS SHALL COME, GREETING: KNOW YE, That SOUTHERN RHODE ISLAND REALTY CORPORATION, a Rhode Island Corporation having its principal place of business in the Town of Westerly, County of Washington and State of Rhode Island for the consideration of One Dollar and other valuable considerations received to its full satisfaction of LEROY B. ERICKSON and AGNES H. ERICKSON, husband and wife, both of the Town of Norwich, County of New London and State of Connecticut, do give, grant, bargain, sell and convey unto the said LEROY B. ERICKSON and AGNES H. ERICKSON and unto the survivor and survivor of them, and unto such survivor's heirs and assigns forever that certain tract of land, situated in the Town of Charlestown, County of Washington and State of Rhode Island, described as follows:— Beginning at the southeasterly corner of the described premises and thence northerly by the Corner of land of the Town of Charlestown, bounded easterly by land of Robert F. Pingateau 115 feet, more or less, to the Town Highway; thence westerly along the southeasterly side of said Town Highway 45 feet to land of Frank Paulski; thence southerly, bounded easterly by land of the Grantor, 115 feet, more or less, to land of the Grantees; thence easterly, bounded southerly by the Grantees land 45 feet to the place of beginning. Being a portion of the premises conveyed to the Grantor by Warranty Deed from Ernest Alfred Eldridge dated August 6, 1946 and recorded in the Land Records of the Town of Charlestown, Vol. 30 Page 115. TO HAVE AND TO HOLD the above granted and bargained premises, with the appurtenances thereof, unto and unto the said grantees, and unto the survivor of them, and unto such survivor's heirs and assigns forever, to them and to their own proper use and behoof. AND ALSO, and it the said grantor does for itself, its successors and assigns, covenant with the said grantees and with the survivor of them, and with such survivor's heirs and assigns, that at and until the sealing of these presents it is well seized of the premises, as a good indefeasible estate in FEE SIMPLE; and has good right to bargain and sell the same in manner and form as above is written; and that the same is free from all incumbrances whatsoever. AND FURTHERMORE, is the said grantor does by these presents bind itself and its successors and assigns forever to WARRANT AND DEFEND the above granted and bargained premises to them the said grantees, and to the survivor of them and to such survivor's heirs and assigns, against all claims and demands whatsoever. IN WITNESS WHEREOF, SOUTHERN RHODE ISLAND REALTY CORPORATION has caused its corporate name to be subscribed and its corporate seal to be affixed hereto by Ernest A. Eldridge, its President and Charles Eldridge, its Treasurer, by both duly authorized and empowered, this last day of August, A. D. 1957. Signed, Sealed and Delivered in presence of Arthur B. Gervasini Arthur B. Gervasini SOUTHERN RHODE ISLAND REALTY CORPORATION (Corporate Seal) By Ernest A. Eldridge President (L.S.) Charles M. Eldridge Treasurer (L.S.)