8/5/1910 · DEED · book 16 page 463 doc 6519

29 STATE OF NEW JERSEY } :SS: COUNTY OF BERGEN } In Hackensack on the 14th day of July, A. D. 1939, before me personally appeared the above named Grantors, to me known and known by me to be the parties executing the fore- going instrument, and they acknowledged said instrument by then executed to be their free act and deed. HERMAN VANDERWALT (County Seal) Herman Vandervalt Master in Chancery of N. J. STATE OF NEW JERSEY } :SS: County of Bergen } I, JACOB V. MURSER, Clerk of the County of Bergen (and also Clerk of the Circuit Court, and Chief of Common Pleas, the same being Courts of Record of the aforesaid County, having by law a seal) DO HEREBY CERTIFY, that Herman Vandervalt Esquire, whose name is sub- scribed to the attached certificate of acknowledgment, proof or affidavit, whose name is sub- scribed to the attached certificate of acknowledgment, proof or affidavit, was at the time of taking said acknowledgment a Master in CHANCERY of the State of New Jersey, and is State duly authorized by the laws thereof to take and certify the same, as well as to take and certify by the proof of identity of the parties, the execution of deeds, conveyances, etc. hereditaments, and other instruments to be recorded in said State, that and that the said acknowledgment is made before him in due form and according to the laws of the State of New full faith and credit are and ought to be given to his official acts; and I further certify that this is will required by the laws of the State of New Jersey, and verily believe the signature to the attach- ed certificate is his genuine signature. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this 14th day of July A. D. 1939. JAMES V. MURSER, Clerk L. S. Mathis, Deputy. Received for record July 15th, A. D. 1939 at 3:10 o'clock, P. M., and recorded by Town Clerk DEED I, NELLIE J. C. ERKRONY (Unmarried) of the City of Hackensack, County of Bergen and State of New Jersey, hereinafter called the grantor, for consideration paid, grant to KATH- ERINE R. VAN OST, of the City of Hackensack, County of Bergen, and State of New Jersey, herein- after called the Grantee, with Warranty Covenants: A certain lot or parcel of land with the building and improvements therefor, and includ- ing the furniture and furnishings contained in said building, said building being located on the southerly side on the Surfside Avenue, Quonochontaug, Central Beach, Town of Charlestown, County of Washington, State of Rhode Island, and is bounded and described as follows, to wit: Lot numbered sixteen (16) as shown and delineated on a certain plan or plat of entitled, "Plan of Quonochontaug Central Beach, Charlestown, R. I." by Howard S. Thorp, Treasurer, Inc., dated July 10, 1925 to the East by Lot 15 and to the West by Lot 14, approved by Lewis J. Dodge, Commissioner November 19, 1925." Said plan or plat be on file in the Town Clerk's office in said Town of Charlestown, County of Washington, State of Rhode Island. The Grantee shall have the right to pass and repass to and from and from and to said lot on tract or footpath on otherwise over, under, on and across the lands of the Grantor, and those of the Grantor's predecessors in title, leading to the beach, public highway, and to the wells and rights of way leading to the beach, and other rights of way the Grantor hereby reserves and designates for perpetual use, together with other portions of said plat which might hereafter be designated for perpetual use: the said Grantee, for herself, her heirs, executors, administrators, and assigns, hereby convenants and agrees to with the Grantor, and her heirs and assigns, will and shall pay to Howard S. Thorp, of Westerly, Washington County, Rhode Island, and her heirs and assigns, or to such person or persons as he may hereafter designate, or hereafter the sum of Five ($5.00) Dollars for each lot hereby conveyed. Said sum to be expended and applied to the maintenance of the driveways and other improvements thereon and their uncontrolled discretion, to the care and maintenance of the roads and other por- tions that may be designated for such purpose from time to time. Said sum to be paid annually, hereby made a lien and charge upon the premises hereby conveyed, and in case of failure to make said payment, the Grantor, her heirs, executors, administrators, and assigns, shall be entitled for the said Howard S. Thorp, his heirs and assigns, to sell and convey the premises at Public Auction, first giving notice of such sale by advertising in some newspaper published in said County of Washington, for at least once each week for three consecutive weeks, and to convey the purchaser or purchasers at said sale. This conveyance is made and accepted subject to the following conditions and restrictions, namely:

30 1. In case of a contemplated sale of said lot or parcel of land or any part thereof, said Grantee, his heirs, devisees, executors, administrators or assigns, shall be given ten 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 price found in writing and actually paid for the same, unless he or she hereunto shall refuse. 2. The above conveyed premises shall be used only as a site for one dwelling house on the lot hereby conveyed, which dwelling house shall be erected on the premises in accordance with the restrictions contained in the plat, and said dwelling building or dwelling house (including porch) shall approach the street or streets or boundaries from which street or streets it shall be set back, and shall not intrude upon the nature or character approach the side lines of the lot nearer than five feet therefrom; no detached garage or other outbuilding or tool shed shall be erected on the premises unless such building or buildings cost when completed not less than two thousand ($2,000.00) Dollars; all toilets, baths, kitchen or other drains or sewage outlets shall be connected to the sewer line to be constructed on the premises by the Grantee, her heirs and assigns, at her own cost and expense. 3. No division or line walls, hedges or fences shall be permitted nor trees of any kind, nor anything (except the dwelling house) that in any way obstruct the view from any part of the lot or lots of the entrance to the dwelling place 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 ob- jectionable animals or birds shall be kept or permitted to be kept on the premises. 5. Said Howard C. Shorp, the Grantor, reserves to himself, the right to enter upon the above described and conveyed premises to lay any pipe outlets or pipes, or to repair the same, always leaving the premises in as good condition as when entered. 6. It is hereby further covenanted, understood and agreed by and between the parties hereto that all the restrictions and covenants contained in the agreement on page 29, part of the Grantor here, his heirs and assigns, on their part to be kept and performed, shall attach to and be deemed a part of the premises herein conveyed and be made a part of the consideration of this sale and purchase that in case of any violation of the above conditions by the Grantee, her heirs and devisees, said Grantor, her signs, that the title and fee to said premises shall revert to said Howard C. Shorp, his heirs, executors, administrators or assigns, and that in such event, all the estate hereby granted and all right, title and interest hereby conveyed shall be forfeited and cease and terminate. WITNESS my hand this 14th day of July, A. D. 1939. (LS) NELLIE J. C. KERKHOF Nellie J. C. Kerkhof HERMAN VANDERWART Herman Vandervart This deed does not carry revenue stamps because the consideration is less than $100. STATE OF NEW JERSEY } County of Bergen } sss: In Hackensack on the 14th day of July, A. D. 1939, before me personally appeared the above named Grantor, to me known and proven to me to be the person executing the above foregoing instrument, and she acknowledged said instrument by her executed to be her free act and deed. HERMAN VANDERWART (County Seal) Herman Vandervart Master in Chancery of New Jersey STATE OF NEW JERSEY } County of Bergen } sss: BEFORE ME, JAMES T. MERGEN, Clerk of the County of Bergen and also the Clerk of the Circuit Court and Court of Common Pleas, the same being Courts of Record of the aforesaid County, hav- ing by law a seal) DO HEREBY CERTIFY, that Herman Vandervart Esquire, whose name is subscribed to the above certificate of acknowledgment, personally appeared before me, in my office, and then and said acknowledgment, proof and or affidavit, a MASTER IN CHANCERY duly commissioned and sworn and residing in the state of New Jersey, acting as a Notary Public in and for said state and duly authorized by the laws thereof to take and certify the same, as well as to take and certify the present instrument and the acknowledgment of the party or parties executing the present instrument, and other instruments in writing to be recorded in said State, and that the said acknowledgment is duly and properly made according to the laws of said State, and that full faith and credit are and ought to be given to his official acts; and for the truth whereof I certify it and attest it with my hand and verily believe the signature to the attached certificate is his genuine signature. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this 14th day of July A. D. 1939. (County Seal) JAMES T. MERGEN Clerk L. S. Mathis, Deputy Received for record July 15th, A. D. 1939 at 3 15 o'clock, p. m., and recorded by [Signature] Town Clerk