8/2/1960 · DEED · book 37 page 329 doc 6607@37/329

329 PARTIAL RELEASE OF MORTGAGE Industrial National Bank of Providence, a national banking association organized and existing under the laws of the United States of America and having its principal office in the City and County of Providence and State of Rhode Island, the holder of a (real estate) (mortgage) by PHILIP E. STARRETT and AMI W. STARRETT to INDUSTRIAL NATIONAL BANK OF PROVIDENCE dated December 17, 1958 and recorded in the Records of Land Evidence in the Town of Charlestown Book No. 36 at Page 485, for consideration paid, releases to PHILIP E. STARRETT and AMI W. STARRETT, all interest acquired under said mortgage in the following described portion of the mortgaged property: That certain parcel of land with all improvements thereon situated on the northerly shore of Charlestown Pond, in the town of Charlestown, in the county of Washington and State of Rhode Island, bounded and described as follows:— BEGINNING in the easterly line of land now or lately of Robert H. Mills, Jr., et al., said point being marked by a stone and being the northeasterly corner of the tract herein described and bounded by the easterly line of the tract herein described and running southwesterly along the boundary line of land of Starrett corner of said Mills land; thence running southwesterly to a stone bound thence turning an interior angle of 90° and running southerly, boundary stone by boundary stone along the boundary of said Mills land to a distance of 125.5 feet to a stone bound, boundary stone by boundary stone, bounding northerly by other lands of the Grantors southeasterly a distance of 25 feet, more or less, to a stone bound, boundary stone by boundary stone, bounding southeasterly by other lands of the Grantors, thence running easterly along the shore of Charlestown Pond; thence following the shore line of said Charlestown Pond southerly and westerly a distance of 205 feet, more or less, to a stone bound, boundary stone by boundary stone, being the northeasterly corner of said Mills land; thence running northerly, bounding westerly by said Mills land, a distance of 40 feet, more or less, to a stone bound; thence running northerly, bounding easterly by said Mills land, the last course making an interior angle of 90° with the first course of this description, to the point of beginning. TOGETHER with RIGHTS of way as being granted by these grantees to William H. Fornal et ux. Reserving, however, to said Industrial National Bank of Providence all of its right, title and interest under said mortgage in and to all other property described therein. IN WITNESS WHEREOF Industrial National Bank of Providence has caused these presents to be signed and its corporate seal to be hereunto affixed by its proper officers or representatives thereto duly authorized this 22nd day of July, A. D. 1960. INDUSTRIAL NATIONAL BANK OF PROVIDENCE (Corporate Seal) By Hiram Kendall Assistant Vice President By Fred Rainer Assistant Manager STATE OF RHODE ISLAND county of WASHINGTON I, westerly on the 22nd day of July, A. D. 1960, before me personally appeared HIRAM KENDALL and FRED RAINER, to me known to be as aforesaid to be Assistant Vice-President and Assistant Manager respectively and of the persons executing the foregoing instrument on behalf of Industrial National Bank of Providence, and they acknowledged said instrument, by them so executed to be their free act and deed in their respective and the free act and deed of Industrial National Bank of Providence. HEROLD B. SOLOVEITZEV Notary Public Received for record August 2nd, A. D. 1960 at 2:59 o'clock, p. m., and recorded by [?] Town Clerk ---- WARRANTY DEED We, PHILIP E. STARRETT and AMI W. STARRETT, his wife, both of the Town of Charlestown and State of Rhode Island, for consideration paid, grant to WILLIAM H. FORNAL and OLIVE B. FORNAL, his wife, both of Manchester in the State of Connecticut, as joint tenants and then tenants in common, to warranty with WARRANTY COVENANTS, That certain parcel of land with all improvements thereon situated on the northerly shore of Charlestown Pond, in the town of Charlestown, in the Town of Charlestown and State of Rhode Island, bounded and described as follows: Beginning in the easterly line of land now or lately of Robert H. Mills, Jr., et al., said point being marked by a stone and being the northeasterly corner of the tract herein described and bounded by the easterly line of the tract herein described and running southwesterly, boundary stone by boundary stone running easterly, bounding northerly on the land of these Grantors, Two Hundred Fifty-three and 27/100 (253.27) feet to a stone bound; thence turning an interior angle of 90° and running southerly, boundary stone by boundary stone, bounding northerly on the Grantors, Two Hundred Seventy-seven and 18/100 (277.18) feet to a stone bound; thence turning an interior angle of 205° and running southeasterly, a distance of 25 feet, more or less, to a stone bound, bounding southeasterly on the shore of Charlestown Pond; thence following the shore line of said Charlestown Pond southerly and westerly a distance of Five Hundred Thirty (530) feet, more or less, to a stone bound, being the northeasterly corner of said Mills land; thence running northerly, bounding westerly by said Mills land, a distance of Forty (40) feet, more or less, to a stone bound; thence continuing northerly in the same straight line, bounding westerly

330 by said Mills land, One Thousand Three Hundred Thirty-six and 29/100 (1336.29) feet to the place of beginning, the last course making an interior angle of 90° with the first described course. Said parcel contains an area of Right (8) acres by estimation. Together with a right of way in common with others and appurtenant to the parcel herein conveyed, from the said Road running easterly 100 feet to the land of John R. Higgins by instrument dated May 24, 1960, and recorded in the Land Evidence Records of said Town of Charlestown in Book 28 at pages 21 and 214. Also a right of way in common with others and appurtenant to the parcel herein conveyed, to pass and egress on and over a strip of land and vein with a space of land Twenty (20) feet in width and running along the northerly line of said parcel, from said Road, easterly or westerly as the case may be, and then southerly from said Line to the high water mark of Potter's Creek, the easterly line of said right of way being in the line of the northerly line of said parcel and the westerly line of same being parallel to and twenty feet westerly of the easterly line of the parcel herein conveyed. Said premises are conveyed subject to any easements which Massachusetts Electric Company may have to construct, reconstruct, repair, maintain and operate facilities for the transmission of elec- tricity current for the benefit of its customers over and across said premises or Company or acquired by it. Said premises are conveyed subject to the following restrictive covenants: 1. Said premises shall be used only for residential purposes, and no buildings or other structures shall be erected, altered, placed or permitted to remain thereon other than a detached single-family dwelling house, a detached private garage (for no more than two (2) cars). A basement shall not be used for dwelling. Neither the premises nor any part thereof shall be used for other structures, shall at any time hereafter be used for manufacturing, industrial, mercantile, an any commercial purposes. 2. No more than one dwelling house shall be built on any land area of less than 10,000 square feet provided however, that in the event the land covered by this agreement is platten for resale that restriction shall not apply to any parcel providing the structures are built one party on the lot and partly on an adjoining lot, these joined lots to be treated as one lot on the plat. Said dwelling to cover an area of not less than five hundred (500) square feet, this is subject to the conditions of the plat. 3. No building shall be located on any lot narrower than seven (7) feet, wherever it be a side street or rear alley, thirty-two feet (32) feet, nor nearer than twenty (20) feet from any side or rear property line, thirty feet (30) feet from any plane or any other projections of any building img. (a) Buildings constructed of wood must be painted, stained or stuccoed. Boring is se- vice no instance will installation asphalt, brick or any other installation materials be used for exterior walls on buildings. (b) Buildings constructed of cinder or concrete block construction shall have the exterior walls covered and completely finished. (c) All buildings with pitched roofs shall be covered with other than rolled or sheet roofing. 5. No tanks or automotive repair equipment shall be used or permitted on said premises, and no farmhouse or shed shall be used or maintained as a dumping ground or storage ground for any rubbish, trash, garbage, scrap metal or scrap lumber. And the Grantors, their heirs or assigns, shall have the right if they shall see fit, to cut and remove any rubbish and garbage from the land of the Grantees until such time as the Grantees improve said property as set forth in the restrictions herein. 6. No livestock or poultry of any kind other than a dog or cat or unusual household pet shall be kept or permitted to be kept or constructed on said premises. 7. Fences and hedges shall be permitted but no more to exceed the height of six (6) feet. 8. All sewage from buildings or enclosures on the premises shall be treated and disposed of by the owner or occupants of the premises by installing and operating a septic tank and area of with related facilities, and such system shall be constructed and maintained in good sanitary condition and further, should any such system not function properly so as to cause any over- flow or discharge, either surface or subsurface, into any Courtyard or into any other natural streams or body of water, such occurrence shall be deemed a breach of this covenant, and the party, or parties concerned shall immediately subject to the full process of the law, All toilets must be sanitary flush toilets. 9. In case of a contemplation of sale of any of the land referred to in this deed, first refusal shall be given to the Grantees personally, and not to their heirs and assigns, at least ten days prior to any sale. 10. Invalidity of any one of these covenants and/or restrictions by judgment of a court shall not sm in no wise affect any of the other provisions which shall remain in full force and effect. 11. The aforegoing restrictions are imposed for the benefit of the Grantees, their heirs and assigns, and of other persons who are owners of time or lots heretofore or hereafter conveyed by the Grantors, their heirs or assigns, and of any of them enforce the same by resort to sat- isfactory process if such action is necessary. 12. The aforegoing restrictions shall be deemed and considered covenants running with the land and said premises and shall be binding upon the Grantees, and their executors, administrators, trustees, successors and assigns. WITNESS our hands this 28th day of July, 1960. PHILIP E. STARRETT Philip E. Starrett AMY W. STARRETT Amy W. Starrett

331 STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly, on the 28th day of July, 1960, before me personally appeared Philip E. Starrett and Amy W. Starrett, to me known and known by me to be the parties executing the foregoing instrument, and they acknowledged said instrument, by them executed, to be their free act and deed. HAROLD B. SOLVEITZEIK Notary Public (DOCUMENTARY STAMPS, $6.60) Received for record August 2nd, A. D. 1960 at 3:00 o'clock, p. m., and recorded by [Signature] Town Clerk ---- KNOW ALL MEN BY THESE PRESENTS, that I, HARRIET B. MEYER of 884 Warren Avenue, Thornwood, New York for consid- eration paid, grant to REV. MAURICE D'ANGELO of 47 Clark Street, New Britain, Connecticut, with QUIT-CLAIM COVENANTS (Description, and Incumbrances, if any) That certain real estate situate in Charlestown, County of Washington in the State of Rhode Island, and described as follows: Lot No. 11 on the plat of Hamzah H. Burdick - East Beach Quonochontaug, surveyed by George W. Woodard and recorded in the Office of the Town Clerk of Charlestown, Rhode Island. It is understood that there will be no detached building placed upon this lot. Being the same premises conveyed by Hamzah H. Burdick by deed dated November 22, 1930 and recorded in Book 24, Page 248 of Deeds of Charlestown, Town of Charlestown, in Charlestown of the State of Rhode Island on November 25, 1930. I, LARS P. MEYER husband of the grantor HARRIET B. MEYER release to said grantee all my right of curtesy and all other interest in the aforesaid premises. WITNESS our hands this 15 day of July 1960. LARS P. MEYER HARRIET B. MEYER STATE of NEW Y(ORK), ETC., ) County of Westchester ) ss: In Pleasantville on the 15 day of July, 1960 before me personally appeared LARS P. MEYER and HARRIET B. MEYER, husband and wife to me known and known by me to be the parties executing the foregoing instrument, and they acknowledged said instrument, by them executed, to be their free act and deed. ROBERT F. BRISSON (Notarial Seal) Robert F. Brisson Notary Public State of New York No. 60-245570 Qualified in Westchester County Term Expires June 30, 1963 STATE OF NEW YORK ) COUNTY OF WESTCHESTER ) ss: No. 4938 I, EMANUEL D. WARREN, Clerk of the County of Westchester and Clerk of the Supreme Court and County Court in said County, the same being courts of record having a seal, DO HEREBY CERTIFY, that Robert F. Brisson, whose name is subscribed to the above acknowledgment, and who took the acknowledgment of the instrument annexed, was at the time of taking the same a Notary Public in and for the State of New York, duly commissioned and sworn and qualified as such: that the signature of said Robert F. Brisson is genuine and that the seal affixed to the acknowledgment is the seal of office character, and an autograph signature of said notary Public, have been filed in my office; that said NOTARY PUBLIC was duly appointed by the law of said State; that his commission was in full force and effect at the time of the acknowledgment or proof of deeds and other written instruments for lands, tenements and hereditaments to be read in evidence or recorded in said State, to protect the rights of third persons; and that I have compared the signature of said Notary Public on the said State, to protect the rights of third persons; and that I have compared the signature of said Notary Public on the annexed document, or have compared the signature of said Notary Public on the annexed instrument with such Notary Public's autograph signature deposited in my office, and believe that the signature on the annexed instrument is genuine. No notary seal required by the laws of the State of New York. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this 20 day of July 1960. (L.S.) EMANUEL D. WARREN County Clerk and Clerk of the Supreme Court and County Court, Westchester, N. Y. Received for record August 3rd, A. D. 1960 at 9:10 o'clock, a. m., and recorded by [Signature] Town Clerk