The instrument's own words
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213
Meaning and intending to convey the same premises conveyed by deed of Alice J. Cullinan to this grantor; said deed bearing date of May 14th, 1931 and recorded in the Records of Land Evidence, said Town of Charlestown, Book No. 24 at Pages 412-413.
The consideration of this deed is such that no Internal Revenue Stamps are required.
WITNESS my hand this 14th day of January, 1958.
KATHARINE B. CRANDALL
STATE OF RHODE ISLAND
COUNTY OF WASHINGTON
In Westerly, on the 14th day of January, 1958, before me personally appeared Katharine B. Crandall, to me known and 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.
RUSSELL A. LENIHAN
Notary Public
Received for record January 17th, A. D. 1958 at 9:15 o'clock, a. m., and recorded by [?] Town Clerk
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STATUTORY FORM OF WARRANTY DEED.
We, HOWARD E. THORP and NELSON H. THORP, both of the Town of Westerly, County of Washington State and State of Rhode Island, for consideration paid paid, grant to DAVID E. WAITE and MARJORIE S. WAITE, husband and wife, both of Bristol, County of Hartford and State of Connecticut, as joint tenants and not tenants in common, meaning to the survivor, with WARRANTY CONVEYS ALLS:
A certain tract or parcel of land situated and located at Quonocontaug Beach, so called, in the Town of Charlestown, County of Washington and State of Rhode Island, bounded and described as follows: [?] to wit:
Beginning at a point on the southerly side of Lucas Avenue, said point being the northeasterly corner of other of land these grantees; thence easterly along the southerly side of Lucas Avenue to the intersection of said Avenue and Fortunes Beach (26.40) feet to the northeasterly corner of the parcel herein conveyed; thence turning a right angle and extending southerly one hundred twenty three and 38/100ths feet to the southerly corner of the parcel herein conveyed; thence turning a right angle and extending westerly sixty (60) feet to the southwesterly corner of the parcel herein conveyed; thence turning a right angle and extending northerly one hundred twenty three and 38/100ths feet to the northwesterly corner of land these grantees; thence northerly bounded by westerly other of land these grantees; hence bounded and described as follows: said last course making an interior angle of ninety-one (91) degrees, party forty (40) minutes and thirty (30) seconds with the line of the center of Lucas Avenue; said parcel is bounded northerly by Lucas Avenue, easterly by land of Howard E. Thorp, et un, southerly by land of Peter W. Schidlof, ex of us westerly by other land of these grantees.
Meaning and intending to convey in lot Entire #270 as shown on detailed survey map or plan plat, entitled "Map of Quonocontaug Central Beach as extended February, 1948, Charlestown, R.I." surveyed by [?] H. Thorp, scale 1 inch equals 80 feet, July, 1946, Ross & Lewis, Reggis, [?].
Said grantees, their heirs and assigns, shall have the right to pass and repass to and to act and move there in and there out, on foot or on horseback, over and on across those certain streets rights of way or roads as shown and marked on said plat, and as they are now opened and used at Quonocontaug Central Beach, dated October, 1924, revised September 10, 1929, leading to the beach and the also the right of way leading from said roads to the beach and the also any other streets or roads on said plate which might hereafter be designated for public use; the said grantees, for themselves their heirs and assigns, and the said grantors, for themselves their heirs and assigns, and the said grantees, their heirs and assigns, will pay and shall pay to Quonocontaug Central Beach Fire District, the said District, its successors and assigns, in the said (1) Quonocontaug Central Beach Fire District, its successors and assigns, in its discretion and their uncontrolled discretion to the care and maintenance of said roads and streets, and the also any other roads and streets, and said sums agreed to be other portions that are now used and enjoyed, and said sums agreed to be paid are hereby made a lien and charge upon the premises hereby conveyed, and in case any failure to pay said sums, then and in that event after the said lien becomes due, it shall be lawful for the said Quonocontaug Central Beach Fire District, its
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successors and assigns, to sell and convey the premises at public auction,
first giving notice of such sale in some newspaper published in said County
of Washington at least once each week for three successive weeks, and,
henceforth on the chosen day and hour, hold said sale. This conveyance is made
and accepted subject to the following conditions and restrictions, NAMELY:
1. In case of a contemplated sale of said lot or parcel of land or some or part
thereof, Howard E. Thorp and Mary E. Thorp, their heirs and assigns,
shall be given thirty days notice in writing and shall have the first option
to purchase the same with the buildings and improvements thereon, at the
highest bona fide offer received by the grantors, or 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 or cottage for life tenancy, with such dwelling house shall be erected
on the premises in accordance with the building line as shown on said plat,
and no portion of any building or structure, including porch (porch incident
shall approach the street or streets or ocean front nearer than said building
line shall approach the street or streets or ocean front nearer than said building
line shall approach the street or streets or ocean front nearer than said building
line of the lot nearer than five feet therefrom no detached garage or other
outbuilding shall be erected on said lot when contemplated not less than one thousand
square feet in size and no other building or dwelling house building other than
lars, all toilets, baths, kitchen or other drains etc. or sewage tanks or cess-
pools a suitable distance from the water line to be constructed and maintained
on the shore 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 tres
of any kind, nor anything except the dwelling house, that shall in any way ob-
struct the view from the sea to the said premises or any dwelling house in
this colony; shrubs, flowers and vegetables shall be permitted.
4. No poultry, swine, cattle, 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 Quonochontaug Central Beach Fire District, its successors and assigns,
reserve the right to enter upon the shore described and conveyed premises to lay
any gas outlets or signs or other utilities as may be needed, always 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 of the aforementioned conditions, covenants and agreements on the part
of the said grantees, their heirs and assigns, shall run with the land it is kept in
perpetuity shall attach to the said premises and shall hereby encumber; it is further
agreed and made a part of the consideration of this sale and purchase that in
case of any violation of any of the above covenants on the part of the said
grantees, to said Howard E. Thorp and Mary E. Thorp, their heirs and assigns,
and be or may be repossessed himself or themselves of the estate hereby granted;
and all right, title and interest hereby conveyed shall be forfeited and cease
and desist.
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 22nd day of January, 1958.
HOWARD E. THORP
NELSON H. THORP
MARY E. THORP
MERLE N. THORP
(DOCUMENTARY STAMP, $1.10)
STATE OF RHODE ISLAND
COUNTY OF WASHINGTON
In Westerly on the 22nd day of January, 1958, 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
to be executed by their free act and deed.
PAUL M. KRANKEY (Notarial Seal)
Notary Public
Received for record January 24th, A. D. 1958 at 9:40 o'clock, a. m., and recorded by
[Signature]
Town Clerk