1/13/1911 · DEED · book 17 page 25 doc 6562

296 STATE OF RHODE ISLAND } County of Washington } In Charlestown on the 2nd day of July, 1960, before me personally appeared Eleanor H. Pigaty, Ruple John Pigaty, June H. Olson and Adrian Olson, 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. Town Clerk LUDLOW L. BROWN Notary Public Received for record February 5th, A. D. 1960 at 2:31 o'clock, p. m., and recorded by Town Clerk DISCHARGE OF MORTGAGE WILFRED FINEN and DOROTHY WIENEN, husband and wife, holders of a certain mortgage on Eleanor H. Pigaty and June H. Olson dated 2nd day 2 1958, recorded in the Book of Land Evidences in the Town of Charlestown, Rhode Island, Book No. 37 at Pages 295 and 296, having received full payment and satisfaction, hereby cancel and discharge the same; and covenant to and with the payers that said Wilfred Finen and Dorothy Wienen are the present grantees of said mortgage. WITNESS our hands this 29th day of January, 1968. Wilfred Finen Dorothy Finen STATE OF FLORIDA County of Sarasota } In St. Petersburg, on the 29th day of January, 1968 before me personally appeared Wilfred Finen and Dorothy Finen, 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. My Commission expires July 31, 1968 Walter H. Koch, Jr. (Notarial Seal) Bonded by American Fire & Casualty Co. Notary Public Notary Public, State of Florida at Large STATUTORY FORM OF WARRANTY DEED. CHARLESTOWN ESTATES, INC., a corporation duly incorporated under the Laws of the State of Rhode Island, and having a place of business in the Town of Westerly, County of Washington and State of Rhode Island, for consideration paid, grant to RICHARD C. BOGGS and GRACE B. BOGGS, husband and wife, both of the Town of Charles- ton, County of Washington and State of Rhode Island, as joint tenants and not tenants in common, meaning to the survivor, with WARRANTY COVENANTS. A certain tract or parcel of land located on Gammell's Cove in the Town of Charlestown, County of Washington and State of Rhode Island, and shown as Lot #39-D on and a certain site for a pier on plat entitled "Santos Estate, Property of Charleston Estates, Inc., Docommoquing, R. I., scale 1 inch Equals 80 feet, surveyed, November 4, 1957, by Louis A. Lewis, R. S.," said plat being recorded in the Land Evidence Records of the Town of Charlestown, and described as follows: beginning at the southeasterly corner of the parcel herein conveyed at a point on the westerly line of Bonie Avenue, so called, said point also being the northeasterly corner of land of Francis R. Levasseur, et al; thence northerly along the westerly line of Bonie Avenue 200.00 feet to a stone wall and then continuing northerly according to the survey of Louis A. Lewis, R. S., continuing northerly, therefore westerly and westerly around some curve having a radius of 20 feet, 34.58 feet to a stone wall and then continuing northerly, so called; thence easterly 120.00 feet to a point along the southerly line of Peabody Road 123 feet to the intersection with a stone wall at the northeasterly corner of the parcel herein conveyed; thence southerly 120.00 feet to a point on the westerly line of Bonie Avenue, to the southeasterly corner of the parcel herein conveyed, said point also being the northeasterly corner of land of different owners, and then continuing southerly along the westerly line of Bonie Avenue beginning, said parcel is bounded easterly by Bonie Avenue, so called, northerly by Peabody Road, westerly partly by other land of this grantor and partly by land of Jude J. Butt, et al, and southerly by said Levasseur. 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, 1958: to wit: The above conveyed premises shall be used for residential purposes only and there shall be not more than one residence on each lot herein conveyed, said residence be to be located not less than 20 feet from the southerly line of Peabody Road, not less than 20 feet from Bonie Avenue, so called on the north line of 15 feet, no porch, steps, or other structure shall be erected within 15 feet of the property line and than the building line of 25 feet and not nearer Peabody Road on the north than the building line of 25 feet, no porch, steps, or other structure shall be erected within 15 feet of the property line and no line of site lots nearer than 5 feet. No detached garage or other building or buildings shall be erected within 15 feet of the property line, and all buildings shall be connected to and shall drain drain into a septic tank or cesspool. In consideration of the purchase price, the grantees, their heirs, executors, administrators, and assigns, licensees, tenants, guests, are granted a right of way to access and recurse at all times and for all purposes, in common with others, over the rights of way or roads to the public highway, and to access and recurse at all times and for all purposes in common with others, over and across and Parcel "R" surrounding the lagoon as shown on said plat, for the purpose of using said Lagoon for the keeping of a small number of boats, limited to Charleston Boat Club. Said grantees, their grantees, their heirs, executors, administrators, assigns, licensees, guests, and servants are granted a right of way to cross lots #355 and #356 to the beach or ocean, and are granted the use of a certain lots for the purpose of parking vehicles, in common with others, said lots are shown on a certain Received for record February 2nd, A. D. 1968 at page 296, s. m., and recorded by Town Clerk

297 plan or plat entitled, "Plat of East Beach, Conventuong, R. I., property of S. H. Davis, Inc., Leon L. Holland, C. E., scale 1 inch equals 100 feet, revised July, 1931." Which plat is duly recorded in the Land Evidence Records of said Town of Charlestown. In consideration of the above rights and privileges to cross and recross from the within granted premises to the highway, Beachroad from the Atlantic Ocean, the grantees, their heirs, execu- tors, administrators, assigns, grantees and assigns of the grantees, its successors and as- signs, harmless and blameless from any damage or liability of any kind or nature due to the use of said driveway, avenue, street or thoroughfare as hereinbefore specified. The use of Parcel "M" and Lots #554 and #555 shall not be commercialized. IN WITNESS WHEREOF, the said corporation has caused these presents to be duly signed by its President and Treasurer, heretofore duly authorized, and the corporate seal to be hereunto affixed at Westerly, Rhode Island, this 23rd day of June, 1960. CHARLESTOWN ESTATES, INC. (Corporate Seal) ROMALD E. THORP President NELSON N. THORP Treasurer (DOCUMENTARY STAMPS, $2.20) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly on this 23rd day of June, 1960, before me personally appeared Howard E. Thorp, to me known and known by me to be the President of said corporation, and Nelson N. Thorp, to me known and by me to be the Treasurer of said corporation, and they acknowledged said instrument by them executed to be the free act and deed of said corporation, and as well individually. FLORENCE Z. WELLS (Notarial Seal) Notary Public Received for record July 8th, A. D. 1960 at 10:30 o'clock, a. m., and recorded by [Signature] Town Clerk AGREEMENT MADE THIS 19th day of September, 1999, between CHARLESTOWN ESTATES, INC., a Rhode Island Corporation having its principal place of business in Westerly, Rhode Island, hereinafter referred to as Charlestown Estates and WILLIAM M. McSHEENEY, of the City of Providence, County of Providence and State of Rhode Island, hereinafter referred to as the grantee. WHEREAS, CHARLESTOWN ESTATES is the owner of a tract of land ten (10) feet in width, bounded easterly by land now or formerly of Alma Crapo Gayle and westerly by land now or formerly of Sophie E. Donohue as described in that certain Deed of Sophie E. Donohue to Charles E. Donohue Jr., dated July 27, 1939 and recorded in the Land Evidence Records of the Town of Charlestown, Rhode Island in Book #28 Page #72, and etc. WHEREAS, the grantee is the owner of certain real estate located in said town of Charlestown designated as Lots #70 and #71 on plat entitled, "Quonsetukon Highlands, property of Charlestown Estates, Inc., Charlestown, R. I., scale 1 inch equals 100 feet, revised July, 1931," Survey by Leon L. Holland, which said plat is filed with the Land Evidence Records of said town of Charlestown. WHEREAS, CHARLESTOWN ESTATES having developed the land shown on the above described plat and subsequently conveyed to the grantee, the above described land with certain appurtenances including rights there to cross and recross over main land ten (10) foot strip of land common in widths and others, and WHEREAS, it is the desire of the parties hereto that the grantee releases all rights in relation to said ten (10) foot strip of land and other appurtenances except a right to cross and recross other properties of Charlestown Estates leading to the ocean. NOW THEREFORE, in consideration of the discharge and release of said ri-ght and the conveyance of the new right of way, it is agreed as follows: 1. The grantee hereby grants, conveys and releases to Charlestown Estates with QUIT CLAIM COVENANTS, all right, title and interest in and to said ten (10) foot strip and the rights thereto. 2. Charlestown Estates grants to the said grantee, his heirs, executors, administrators, assigns, licensees, grants and grantees with QUIT CLAIM COVENANTS a right to cross and recross from and to the beach or ocean, as common to all owners of land bordering the Atlantic Ocean to the beach as shown on that certain plan or plat entitled, "Plat of East Beach at Quonsetuong, R. I., property of S. H. Davis, Inc., Leon L. Holland, C. E., scale 1 inch equals 100 feet, revised July, 1931," which plat is duly filed in the Land Evidence Records of the Town of Charlestown.