7/5/1960 · DEED · book 37 page 294 doc 6560@37/294

294 STATE OF RHODE ISLAND, etc.,) County of Providence { { On Providence on the 4th day of June, 1960 before me personally appeared Elizabeth Gormley 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. JANET D. DAILEY Notary Public My Commission expires June 1961 Received for record July 5th, A. D. 1960 at 2:25 o'clock, p. m., and recorded by [Signature] Town Clerk We, WILFRED VIENS and DOROTHY VIENS, husband and wife, formerly of the Town of South Attleboro, Commonwealth of Massachusetts, now of the Town of Charlestown, County of Washington and State of Rhode Island, for consideration paid, grant to ELEANOR H. PIGATY and JUNE H. OLSON, both of the City of Mangutuck, County of New Haven and State of Connecticut, as JOINT TENANTS and not Tenants-in-Common, with WARRANTY COVENANTS That certain tract or lot of land, together with all buildings and improvements thereon situated in the Town of Charlestown, State of Rhode Island, as laid out and delineated as Lot No. Eleven (11) on that plat entitled, "See Lea Colony in Charlestown and South Kingstown, R. I., Property of M. H. Y. Behnke, Numbered Lots Represent Area of Sea Lea Colony, Surveyed and Platted 1933, 1934, 1936, 1937, 1938 - Leon L. Holland, Civil Engineer, Scale 1" = 80'", which plat is recorded in the Records of Land Evidence in said Town of Charlestown. This conveyance is made subject to the following restrictions binding upon the Grantees, their heirs and assigns: 1. Only one private One-family residence and a private garage shall be erected, placed, maintained or permitted upon this Lot, or any part thereof, and no part of any building including porches, on said Lot Number 11, shall extend closer than twenty (20) feet from North Shore Highway (Rt. 1) or five (5) feet from Wall Street, nor nearer than five (5) feet from the south and west boundary lines. 2. No garage shall be used as a residence unless it contains the minimum cost of the residence to be erected on said lot, and no tents and no auto trailers shall be erected, placed or maintained on the premises. 3. All toilet and sink drains on said lot shall be connected with cesspool or septic tank, so placed as not to pollute or endanger any drinking water supply, nor to pollute the waters along the shore of said lot. 4. Said lot, or any part thereof, shall not be used for any trade or business or commercial purpose or for any other public purposes whatsoever. 5. No house shall be erected, placed, or maintained on said lot costing less than Fifteen Hundred Dollars ($1500.), without the written consent of Norman L. Behnke and Marie Rose Yvonne Behnke, their heirs or assigns. Also, that certain strip of land in Town of Charlestown, designated as Lot #134 on the above described platial entity, which is conveyed subject to the following restrictions: (a) Building other than a dock shall be erected on said strip of land. No pipes shall run from or through this land to the shore. No tents and no auto trailers shall be maintained on said strip of land which will in any manner pollute the waters of the sea. (b) No part of said land shall be used for any trade or business or for any commercial or public purpose whatsoever. No person may use this land for camping or sleeping quarters or for a trailer or tent. Parts of this land shall be kept neat and order free from any unsightly litter at all times. (c) Said premises are conveyed exclusively for the purpose of giving to the Grantees who are the owners of Lot No. Eleven (11) on the above described plat access to Green Hill Road and building a driveway thereon, and no lease or rental agreement shall be given or entered into by any person other than a person who is the lessee or tenant of any dwelling house that might be built on said Lot No. Eleven (11). It is the express intention of the Grantors that the use of this strip of land be limited to the purpose whatsoever by other lots or planes or by anyone other than the owner or legal occupants of the dwelling house on Lot No. Eleven (11). (d) Community privileges and paths, and way streets of Sea Lea Colony adjacent to this strip of land are

295 reserved exclusively for residents of Sea Lea Colony to protect their quiet and peaceable enjoyment of these privileges and their use cannot be claimed by owners of lots on Sea Lea Colony to lot owners on other plots of land or for any other purposes. (e) Said plot of land, No. 134 must be conveyed with Lot No. 11 and cannot be sold separate and apart from it. Should any attempt be made by these Grantors, their heirs and assigns, to convey, lease or rent such land or any part thereof, to any person other than Lot No. 11, the fee in land of Lot No. 134 shall immediately revert to Mrs. R. E. Behenke and heirs L. M. Behenke, their heirs and assigns, and immediate possession of said land to return to them. Failure of Lot No. 11 to be conveyed with Lot No. 134, their heirs and assigns, to enter and take possession upon such breach shall not constitute a waiver of their right so to do. We, Wilfred Viens and Dorothy Viens, husband and wife, release to said Grantees all our right of curtesy and dower, respectively, and all other interest in the aforementioned premises. WITNESS our hands this 2nd day of July, 1960. WILFRED F. VIENS DOROTHY VIENS (DOCUMENTARY STAMPS, $6.25) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Charlestown, on the 2nd day of July, 1960, before me personally appeared Wilfred Viens and Dorothy Viens, husband and wife, both to me known and known by me to be the parties executing the foregoing instrument, and they severally acknowledged said instrument, by them executed, to be their free act and deed. LETON L. BROWN Notary Public. Received for record July 5th, A. D. 1960 at 2:30 o'clock, p. m., and recorded by [Signature] Town Clerk ---- We, ELEANOR H. PIGATY and JUNE H. OLSON, both of the City of New Haven, County of New Haven and State of Connecticut, for consideration paid, grant to WILFRED VIENS and DOROTHY VIENS, husband and wife, both of the Town of Charlestown, County of Washington and State of Rhode Island, with MORTGAGE COVENANTS to secure the payment of THIRTY-FIVE HUNDRED DOLLARS ($3500.) in Ten (10) Years, with interest thereon at the rate of six per centum, per annum in accordance with the terms and tenor specified in a certain negotiable promissory note of the mortgagors, of even date herewith, said principal and interest being payable in monthly installments of Thirty-eight and 86/100 ($38.86) Dollars each on the 2nd day of each successive month commencing August 2, 1960 until said principal and interest are paid in full, as all described in said note, the following described land, together with the buildings and improvements thereon, situated in the Town of Charlestown, County of Washington and State of Rhode Island, bounded and described as follows: That certain tract or lot of land, laid out and delineated as Site Number 11 (eleven) and 134 (one hundred thirty-four) on a plat map of the land of Mrs. R. E. Behenke in Charlestown, Rhode Island, Town, R. I., Property of Mrs. R. E. Behenke Number Lots Represent Area of Sea Lea Colony, Surveyed and Platted May 3, 1935, page 294, Book 37, "City Registry Deeds", Book 37, Page 294, "S. L.", which is recorded in the Records of Land Evidence in said Town of Charlestown. Being the same premises described in deed of Wilfred Viens and Dorothy Viens to Eleanor H. Pigaty and June H. Olson, bearing even date with these presents, to be recorded. This conveyance is subject to all restrictions and reservations containing or referred to in the aforementioned deed and conveys all right title and interest of the grantors therein. This mortgage is made upon the STATUTORY CONDITION and with the STATUTORY POWER OF SALE. I, Eugene Lon Pigaty, and I, Adrian Olson, husbands respectively of said Eleanor H. Pigaty and June H. Olson release to said mortgagees all our rights of curtesy, respectively, and all other interest in the aforementioned premises. WITNESS our hands this 2nd day of July, 1960. ELEANOR H. PIGATY JUNE HOPE PIGATY JUNE H. OLSON ADRIAN OLSON