7/20/1960 · AGREEMENT · book 37 page 310 doc 6579@37/310

310 AGREEMENT made this 28th day of December 1959, 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 A. PRESCOTT, JOSEPH F. CHOINIERE and VIRGINIA P. CHOINIERE, husband and wife, all of the Town of Westerly, County of Washington and State of Rhode Island, hereinafter referred to as the grantees. WITNESSETH: WHEREAS, Charlestown Estates is the owner of a tract of land ten (10) feet in width, bounded easterly by land now or formerly of [?] and westerly by land now or formerly of Sophie E. Donahue as described in that certain deed of Sept. 8 Donahue to Charles E. Donahue, Jr., dated July 1, 1939 and recorded in the Land Evidence Records of the Town of Charlestown, Rhode Island in Sced 28 at Page 32 and WHEREAS, the grantees are the owners of certain real estate located in said Charlestown designated as the property of "Lot 37 of Lot 49 on plat entitled, 'Quonochontaug Highlands, property of Charlestown Estates, Inc., Charlestown, R.I., scale 1 inch equals 50 feet, August, 1950, Beal & Lewis, Engrs.,' which plat is filed in the Land Evidence Records of the Town of Charlestown, Rhode Island, in Book 23, page 113; WHEREAS, Charlestown Estates hereto has developed the land shown on the above described plat and subsequent convey to the grantees the above described lot together, with certain apartment rights thereof to cross and recess over and recess through one (1) foot strip of land in common with other grantees; WHEREAS, it is the desire of the parties hereto that the grantees release all its rights in relation to said ten (10) foot strip of land and in consideration therefore accept a right to cross and recess other properties of Charlestown Estates leading to the ocean. NOW THEREFORE, in consideration of the discharge and release of said right and the conveyance of the net use of said 10 foot strip 1. the grantees hereby grant and release to and release Charlestown Estates with Quit-claim covenants, all right, title and interest in and to said 10 foot strip and the rights thereto. 2. Charlestown Estates grants to the said grantees, their heirs, coconveyors, administrators, assigns, heirs, devisees, and grantees, a perpetual easement and covenant a right to cross and recess to and from the beach and ocean, in common with others, Lot 489 from Atlantic Avenue through Lot 488 and Lot 487 and Lot 486 and Lot 485 and Lot 484, which Lot is known as "Ocean Company, R.I., property of S. R. Davis, Inc., Lon. L. Pollards, C.E., scale 1 inch equals 100 feet, recorded July 1931." Such plat is duly filed in the Land Evidence Records of the Town of Charlestown. IN WITNESS WHEREOF, CHARLESTOWN ESTATES, Inc., has caused its corporate name and seal to be affirmed hereto by its President and Treasurer, and said grantees have set their hand and seals the day and year first above written. (Corporate Seal) CHARLESTOWN ESTATES, INC. By: President: Howard E. Thorp Nelson H. Thorp Scy Treasurer William A. Prescott Joseph F. Choiniere Virginia P. Choiniere STATE OF RHODE ISLAND COUNTY OF WASHINGTON At Westerly on the 26th day of December, 1959, before me personally appeared Howard E. Thorp, to me known and known by me to be the President of said corporation, and Nelson H. Thorp, to me known and known 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. (Notarial Seal) FREDERICK J. WELLS Notary Public STATE OF RHODE ISLAND COUNTY OF WASHINGTON At Westerly on the 30th day of December, 1959, before me personally appeared William A. Prescott, Joseph F. Choiniere and Virginia P. Choiniere, husband and wife, to me known and known by me to be three of the parties executing the foregoing instrument, and they acknowledged said instrument by them executed to be their free act and deed. FREDERICK J. WELLS Notary Public Received for record July 20th, A. D. 1960 at 9:10 o'clock, a. m., and recorded by Town Clerk