7/20/1960 · AGREEMENT · book 37 page 311 doc 6580@37/311

311 AGREEMENT made this 5th day of September, 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 RAY W. WINGATE and MARGARET P. WINGATE, husband and wife, both of Alfred, County of Allamangay and State of New York, hereinafter referred to as the Grantees. WHEREAS, CHARLESTOWN ESTATES is the owner of a strip of land ten (10) feet in width, bounded easterly by land now or formerly of Lela G. Spofford and westerly by land now or formerly of Sophie L. Spofford as described in a deed from Sarah L. Spofford and Sophie S. Donohue to Chas. Donohue, Jr., dated July 97, 1939 and recorded in the Land Evidence Records of the Town of Charlestown, Rhode Island in book 24 at page 431. WHEREAS, the grantees are the owners of certain real estate located in said Charlestown destination as Lot #2 on plat entitled, "Oceanfront Lands, property of Charlestown Estates, Inc., Charlestown, R.I., July 1, 1936" and recorded in Land Evidence Book "21" page "111" which said land is described with the Land Evidence Records of said Town of Charlestown. WHEREAS, CHARLESTOWN ESTATES having developed the land shown above on the described plat and subsequently conveyed the same to the grantees by deed, together with certain apartment rights thereto and egress or recess over said ten (10) foot strip of land in common with others, and WHEREAS, it is the desire of the parties hereto that the grantees release all rights in relation to said ten (10) foot strip of land and that Charlestown Estates recover a right of to cross and recess over other properties of Charlestown Estates limiting to the ocean. NOW THEREFORE, in consideration of the discharge and release of said right and the conveyance of the new right of way, it is agreed as follows: 1. The grantees, hereby grant, bargain and convey to Charlestown Estates with QUIT CLAIM COVENANTS, all rights, title and interest in and to said ten (10) foot strip and the rights thereto. 2. Charlestown Estates grants to the said grantees, their heirs, executors, administrator, assigns, licensees, grantees and servients with QUIT CLAIM COVENANTS a right to cross and recess to and from the beach over and across, in common, a strip of land along Atlantic Avenue to the beach and over certain plat or plan entitled, "Plot of East Beach at Oceanfront, R. I., property of S. V. Donohue, July 1, 1936" and recorded in Land Evidence Book "21" page "111", revised July, 1951," which 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 affixed hereto by its President and Treasurer and the said grantees have hereunto set their hands and seals the day and year first above written. CHARLESTOWN ESTATES, INC. (Corporate Seal) Howard S. Thorp PRESIDENT Nelson S. Thorp TREASURER Ray W. Wingate Margaret P. Wingate STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly on the 5th day of September, 1959, before me personally appeared Howard S. Thorp, to me known and known by me to be the President of said corporation, and Nelson S. Thorp, to me known and known by me to be the Treasurer of said corporation, and they acknowledged said instrument by then executed to be the free act and deed of said corporation and as well individually. PAUL M. KRANZEY Notary Public STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Charlestown on the 5th day of September, 1959, before me personally appeared Ray Wingate and Margaret R. Wingate, husband and wife, to me known and known by me to be the parties executing the foregoing instrument, and acknowledged said instrument by them executed to be their free act and deed. PAUL M. KRANZEY Notary Public Received for record July 20th, A. D. 1960 at 9 1/2 o'clock, a. m., and recorded by [signature] Town Clerk