9/11/1957 · DEED · book 36 page 108 doc 5456@36/108

108 WHEREAS, Robert G. Truesdale, Marjorie H. Truesdale, husband and wife, and Jessie Coan, William H. Truesdale and Margaret L. Truesdale, husband and wife, having purchased adjoining properties from Charlestown Estates, Inc. in the Town of Charlestown, County of Washington and State of Rhode Island, as shown and as Lots #13 and #82 on that certain plan or plat entitled, "Sunrise Acres Property of Charlestown Estates, Inc., Quonocontaug, Charlestown, Town, R. I., scale 1 inch equals 80 feet, November, 1948, Rossi & Lewis, Engrs." Said plat being recorded in the Land Evidence Records of said Town of Charlestown. WHEREAS, there is a well of water located on the boundary line between said properties. NOW THEREFORE, it is hereby acknowledged between the parties hereto that each are owners of one half of said well and that said parties, their heirs and assigns shall maintain said well, the cost of which shall be borne equally between them, FURTHERMORE, they shall use said well according to the rules of good husbandry for the benefit of houses constructed or to be constructed. WITNESS our hands this 31st day of March of 1956. ROBERT G. TRUESDALE MARJORIE H. TRUESDALE JESSIE COAN WILLIAM H. TRUESDALE MARGARET L. TRUESDALE STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly on the 31st day of March 1956, before me personally appeared Robert G. Truesdale, Marjorie H. Truesdale, Jessie Coan, William E. Truesdale and Margaret L. Truesdale, 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 September 11th, A. D. 1957 at 1:15 o'clock, p. m., and recorded by [Signature] Town Clerk ---- I, Margaret L. Truesdale of the Town of Rehoboth, County of Bristol in the Commonwealth of Massachusetts consideration said paid grant to Ralph R. Fielding and Evelyn L. T. Fielding, his wife, of the City of Pawtucket, County of Providence and State of Rhode Island with Warranty Covenants A certain tract or parcel of land at Quonocontaug in the Town of Charlestown, County of Washington and State of Rhode Island as shown and as Lot #13 on that certain plan or plat entitled "Sunrise Acres Property of Charlestown Estates, Inc., Quonocontaug, Charlestown, R. I., scale 1 inch equals 50 feet, November 1948, Rossi & Lewis, Engrs." Said plat being recorded in the Land Evidence Records of the Town of Charlestown and bounded and described as follows: Beginning at the southeasterly corner of the parcel herein conveyed at a point on the northerly line of Legume Avenue, so-called, said point also being the southeasterly corner of the land of Walter F. Thorp and wife, thence westerly (70) feet to the northeasterly corner of the parcel herein conveyed; thence turning a right angle and running northerly a distance of one hundred (100) feet, fifty (50) feet to the northeasterly corner of the parcel herein conveyed; thence turning a right angle and extending westerly a distance of seventy (70) feet to the northwesterly corner of the parcel herein conveyed, said point also marking the northeasterly corner of land of Walter F. Thorp and wife; thence turning a right angle and extending southerly a distance of one hundred and fifty (150) feet to the point of place and point of beginning. Said parcel of land is bounded on the north by Legume Avenue, westerly by land of Walter F. Thorp and wife, northerly by land being conveyed to Charlestown Estates, Inc., to Robert G. Truesdale and wife and easterly by other land of Charlestown Estates, Inc.

109 In consideration of the purchase price it is understood and agreed that the following restrictions and reservations shall apply to and run with the land for a period of thirty years from November 1, 1948. The above conveyed premises shall be used for residential purposes only and as a site for only one residence, said residence to be of a class to cost not less than Three Thousand Dollars, to be built not nearer Lagoone Avenue, so-called, on the south than the building line of twenty-five (25) feet, and no portion of any building erected on the lot shall approach the side lines or rear lines nearer than five feet, no detached garage or 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 or cesspool. In consideration of the purchase price the Grantors, their heirs, executors, administrators and assigns, licensees, guests and servants are granted a right of way to cross and recross at all times and for all purposes in common with others, over the rights of way or roads to the public highway and to cross and recross at all times and for all purposes, in common with others Lagoone Avenue and parcel "B" surrounding the Lagoone as shown on said plat for the purpose of using said Lagoone for the keeping of a small boat or boats and as a right of way to Charlestown Pond, and the said grantees, their heirs, executors, administrators, assigns, licensees, guests and servants are granted a right to cross and recross Lots #554 and 555 to the beach or ocean, and are granted the use of said lots for the purpose of parking vehicles in common with others. Said lots are shown on a certain plan or plat entitled "Plat of East Beach, Quonocontaug, R. I. scale 1 inch equals 100 feet, revised July, 1931". Which plat is duly recorded in the Land Evidence Records of the Town of Charlestown In consideration of the above and other rights and privileges to cross and recross from the within granted premises to the highway, Charlestown Pond and the Atlantic Ocean, the grantees, their heirs, executors, administrators, assigns, licensees, guests and servants hereby hold the grantor, its successors and assigns harmless and blameless from any damage or liability of any kind or nature due to the use of said drives, roads or rights of way and streets as hereinbefore specified: The use of Parcel "B" and Lots #554 and 555 shall not be commercialized. In consideration of the purchase price of the above described premises the grantees herein are entitled to the use of a well of water located on the boundary line of Lots #13 and #80 on that plat entitled "Gunmise Acre, property of Charlestown Estates, Inc., Quonocontaug, R. I. scale 1 inch equals 80 feet November, 1948, Rossi & Lewis, Engrs.". Which said right is granted by an agreement entered into by Robert G. Truesdale, Marjorie M. Truesdale, his wife, Jessie Coan and this grantor on March 31, 1956 and said agreement has been recorded in the Land Evidence Records of said Town of Charlestown prior to the recording of the within deed. I, Margaret L. Truesdale, covenant that I am a widow. Witness my hand this 7th day of September A. D. 1957. (DOCUMENTARY STAMPS, $4.95) MARGARET L. TRUESDALE State of Massachusetts County of Bristol In Rehoboth on the 7 day of September A. D. 1957 before me personally appeared Margaret L. Truesdale to me known and known by me to be the party executing the foregoing instrument and she acknowledged said instrument by her executed to be her free act and deed. EDWARD P. GORHAM (Notarial Seal) Notary Public Received for record September 11th, A. D. 1957 at 1:16 o'clock, p. m., and recorded by [?] Town Clerk