8/31/1960 · DEED · book 37 page 357 doc 6642@37/357

357 also exempting from this sale land taken by the state highway department for highway purposes; land sold by Clarence W. Church to Esther Read Church as recorded in Book 27, Page 174 Charlestown Land Evidence Records; also conveyed to Arthur Carlson, Book 30, Page 347, Charlestown Land Evidence Records; also conveyed to [?] [?], Book 33, Page 357 Charlestown and Evidence Records; also conveyed to Howard E. Thorp & Co et ux, Book 36, Page 322 of the Charlestown Land Evidence Records; also conveyed to Frank Impanelli, Book 34, Page 433 of the Charlestown Land Evidence Records. I, Doris M. Church covenant that I am unmarried. I, Beverly J. Church wife of one of the grantors release to said grantee all right of dower and all other interest in the aforesaid premises. WITNESS our hands this 24th day of August 1960. CLARENCE R. CHURCH DORIS M. CHURCH BEVERLY J. CHURCH (DOCUMENTARY STAMPS, $54*) STATE OF RHODE ISLAND, ETC.,) County of Washington ) In Westerly on the 24th day of August, 1960 before me personally appeared Clarence R. Church and Doris M. Church and Beverly J. Church to me known and 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. HOWARD E. THORP (Notarial Seal) Notary Public Received for record August 29th, A. D. 1960 at 3:25 o'clock, .m., and recorded by [Signature] Town Clerk STATUTORY FORM OF WARRANTY DEED We, HOWARD E. THORP and NELSON H. THORP, both of the Town of Westerly, County of Washington and State of Rhode Island, for consideration paid, grant to LEOPOLD A. BOUCHER and BEVERLY C. BOUCHER, husband and wife, both of Warwick, County of Kent and State of Rhode Island, as Joint Tenants and not tenants in common, meaning to the survivor, with WARRANTY CONVEYANCE A certain tract, or parcel of land situated and located in Cununcongant Central Beach, so called, in the Town of Charlestown, County of Washington and State of Rhode Island bounded and described as follows, to wit: Beginning at a point on the Northerly line of "Older Avenue", so called, said point being the south-easterly corner of the parcel herein conveyed and the southwesterly corner of land of Doris J. Giles, et ux thence northerly, bounded northerly by the southwesterly corner of the parcel herein conveyed at the angle of Clancy G. Best et ux (21.45 feet) to the northwesterly corner of the parcel herein conveyed (80 feet) to the northwesterly corner of the parcel bounded northerly by the parcel herein conveyed one hundred twenty-one and some hundredths (21.25 feet) to the southwesterly corner of the parcel herein conveyed one hundred sixty-seven and ninety-one hundredths (67.91 feet) to the point of piles and beginning of sample, said parcel is bounded northerly by land of Doris J. Giles, et ux and Clancy G. Best, et ux; easterly bounded northerly by land of [?] [?], Avenue so called, and westerly by other land of the grantors. Meaning and intending to convey the lot #207 as shown and delineated on that certain plan or plat entitled, "Plat of Cununcongant Central Beach, Charlestown, R.I., property of Howard E. Thorp & Co, N. H. and N. Thorp, Scale 1 inch equals 80 feet, July 1948, & Hollis and Eng's," Said grantees, their heirs and assigns, shall have the right to pass and repress to and from and free and easy access to said lot of land to and from the public road and through certain parts of Cununcongant Central Beach land described in Book 36, Page 322, Charlestown Land Evidence Records, as shown on the roads as shown above the mentioned plat and also on that certain plan or plat entitled, "Cununcongant Central Beach land described in Book 36, Page 322, Charlestown Land Evidence Records," specifically the right of way leading from the road to the fresh water pond, and any other portions of said plat which might hereafter be acquired by the grantees, their heirs and assigns, and the grantors, their heirs and assigns, hereby covenant and agree to and with the said grantors, their heirs and assigns, that the said grantees, their heirs and assigns, shall pay to the Treasurer of the Charlestown Beach Fire District, its successors and assigns, on or before the first day of August, in each year hereafter the sum of five ($5) dollars for entrance to the beach, and in their use of the facilities of the said beach, and the said Cununcongant Beach Fire District, its successors and assigns, in its uncontrolled discretion to the care and maintenance of the beach and other public improvements, and the said sum of five ($5) dollars shall constitute a lien and charge upon the premises hereby conveyed, and in case of any failure to make any payment within six days after the first day of August becomes due, then it shall be lawful for the Cununcongant Beach Fire District, its successors and assigns, to sell and convey the premises at public auction, first giving notice of such sale in some newspaper published in said County of Washington at least once each week for three consecutive

358 weeks, and to become the purchaser or purchasers at said sale. This conveyance is and made and accepted subject to the following conditions and restrictions, NAMELY: 1. In case of a contemplated sale made of lot or parcel of land, or any part thereof, Howard E. Thorp and or Nelson H. Thorp, their heirs and assigns, shall be given ten days notice in writing and shall have the first right of refusal to purchase the whole or any part of the said premises together, at the highest bona fide price in real estate paid in cash made and actually offered to the said grantees, their heirs and assigns. 2. The above conveyed premises shall be used only as a site for one dwelling house on the lot hereby conveyed, which dwelling house shall be erected on the premises in accordance with the building line as shown on said plat, and no other building or dwelling or building or lodging house (apart hotels) including garages shall be erected or streets or ocean frontier nearer than said building line, nor shall any building of any nature or kind whatever obstruct the approach side lines of the lot nearer than five feet from the property line or other such outlying buildings or outbuildings shall be erected than five feet from the property line. No other building or outbuildings or other structures shall be erected thereon; dwelling house when erected on said lot shall be completed within one year from the time of the commencement of construction. No other building or outbuildings or outbuildings shall be permitted by the grantees, their heirs and assigns, but there can be one garage and one tool shed shall be permitted by the grantees, their heirs and assigns, but there can be one garage and one tool shed, provided that the lots shall be pitted to a suitable cesspool or septic tank, to be constructed and maintained on accordance with the state and local laws, and provided that the lot be kept clean and free from weeds. 3. No division or line walls, hedges, fences or hedges shall be permitted, nor trees of any kind, nor any structure (except the dwelling house) that in any way obstruct the view from any part of the above described property or any dwelling house in this colony; shrubs, flowers and vegetables shall be permitted. 4. No poultry, swine, cats, noisy or vicious dogs or cats or other noisy or objectionable animals or birds shall be kept or permitted to be kept on the premises. 5. The said grantors, Leopold A. Boucher and Beverly C. Boucher, its successors and assigns, reserves the right to enter upon the above described and conveyed premises after notice to lay any pipe utilities or pipes, or to repair the same, leaving all hereby premises in the good condition as when entered. 6. It is further covenanted, understood and agreed by and between the parties that the grantees hereunto that all the abovementioned conditions and restrictions shall run with the land and be binding on the said grantees, their heirs and assigns, on their part to keep and to perform and shall be performed strictly at and ran with the land hereby conveyed is a further condition of this deed. In the event of a violation of this sale and purchase that is in case of any violation of the above conditions or covenants on the part of said grantees, their heirs and assigns, the said grantors, Howard E. Thorp and Nelson H. Thorp, their heirs and assigns, or the say may repossess himself or themselves of the estate hereby granted and all right, title and interest hereby conveyed shall be forfeited and cease and terminate. WE, MARY E. THORP and MERLE N. THORP, wives respectively of the grantors, release to said grantees, all our right of dower and all other interest in the aforesaid premises. WITNESS our hands this 29th day of February, 1960. (DOCUMENTARY STAMP, $1.10) HOWARD E. THORP NELSON H. THORP NELSON H. THORP MERLE N. THORP STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly on the 2nd day of March, 1960, before me personally appeared Nelson H. Thorp and Merle N. Thorp, known to me and known by me to be two of the parties executing the foregoing instrument, and they acknowledged said instrument, by the executed to be their free act and deed. FLORENCE J. WELLS (Notarial Seal) Notary Public STATE OF ARIZONA COUNTY OF PIMA In Tucson on the 29th day of February 1960, before me personally appeared Howard E. Thorp and Mary Elizabeth Thorp, to me known and known by me to be two of the parties executing the foregoing instrument, and they acknowledged said instrument by them executed to be their free act and deed. MARGARETTE EDMOND (Notarial Seal) Notary Public My Commission Expires April 16, 1961 CERTIFICATE OF MAGISTRATE STATE OF ARIZONA ) COUNTY OF PIMA ) ss. I, Grace Gibson O'Neill, Clerk of the Superior Court of the State of Arizona, in and for the County of Pima, which is a Court of a record, hereby certify, that I HAVE NOTARIZED Edward Thorp whose name is subscribed to the certificates of acknowledgment of the unsigned Instrument and the above instrument whereas, at the time of taking such proof or acknowledgment, a notary public in and for said county, residing therein, duly commissioned and sworn, by me was admitted to practice in said court, and that the said notary public is a notary of deeds or conveyances for lands, tenements or hereditaments in said state to be recorded therein. Further that I have examined the signature of the said notary public and believe it to be genuine. In witness whereof, I have affixed my certificate of proof or acknowledgment is signature, that the seal affixed by said notary public is the seal which he is authorized to use and that the same is genuine. IN TESTIMONY WHEREOF, I have entered set my hand and affixed the seal of said Superior Court on this 29th day of February, 1960. GRACE GIBSON O'NEILL (L.S.) Clerk of the Superior Court of the State of Arizona, in and for the County of Pima Received for record August 31st, A. D. 1960 at 9:05 o'clock, a. m., and recorded by [Signature] Town Clerk