4/10/1912 · DEED · book 17 page 258 doc 6702

321 STATE OF NEW JERSEY COUNTY OF ESSEX In Montclair, in said County and State, on the 7th day of June, 1940, before me personally appeared Edith A. Bogue and Edna L. Bogue, both unmarried, to me known and known by me to be the parties who executed the foregoing instrument, and they acknowledged said instrument, by them executed, to be their own free act and deed. LOUISE G. JOHNSON (Notarial Seal) Notary Public of N. J. Commission expires Mar 15, 1944 Received for record September 4th, A. D. 1940 at 9:15 o'clock, a.m., and recorded by Town Clerk I, ZAIDEE G. PAYNE, of the Town of Westerly, County of Washington, State of Rhode Island, hereinafter called the Grantor, for consideration paid, grant to GEORGE R. FELLOWS and EDITH LANE FELLOWS, both of the City of Norwich, County of New London and State of Connecticut, as joint tenants, meaning to the survivor, hereinafter called the Grantees, with WARRANTY COVENANTS. A certain tract or parcel of land with dwellinghouse and other improvements thereon and including the furnishings thereon, situated and being in the Town of Charlestown in the County of Washington, State of Rhode Island and bounded and described as follows, to wit: Lot numbered One Hundred Ninety Ten (110) as shown and delineated on a certain plan or plat entitled, "Plan of Quonocutaug Central Beach, Charlestown, R. I., Thorp & Trainer, Inc., Agents SO feet to the east of, October 1924, Rossi & Lewis, Engrs." Said plan or plat being on file in the Town Clerk's Office in said Town of Charlestown, said Grantor, their heirs and assigns shall have the right to pass and repass to and from and free and to said lot or tract on foot or other- wise, over, on and across those certain rights of way or roads as shown on said plan or plat leading to the beach and also the right of any way leading from the road to the fresh water pond, and any other portions of said plat which may hereafter be designated for public use; the said Grantees, for themselves, their heirs and assigns, hereby covenant and agree to and with the said Grantor, their heirs and assigns, that the said Grantor, their heirs and assigns, will shall and pay to Quonocutaug Central 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 each lot hereby conveyed; said sum to be expended and applied by the said Quonocutaug Central Beach Fire District, its successors and assigns, in its and their uncontrolled discretion to the care and maintenance of the roads and other portions that may be designated for public use, and the said sums agreed to be paid are hereby made a lien and charge upon the premises hereby conveyed, and in case of failure to make any payment within one year after the same shall become due, it shall be lawful for the said Quonocutaug Central 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 successive weeks, and to become the purchaser or purchasers at said sale. The Grantees assumes and agrees to pay one third of the town taxes assessed June 15th, 1940. TO HAVE AND HOLD, to the aforementioned premises, with all the rights, privileges and appurtenances thereto belonging, unto and to the use of the said Grantees, their heirs and assigns forever; subject however to the following conditions and restrictions, namely:

322 1. In case of a contemplated sale of said lot or parcel of land or any part thereof, said Quonocontaug Central Beach Fire District, its successors and assigns shall be given ten days' notice in writing and shall have the first option to purchase the same with the building and improvements thereon at the highest bona fide price in good faith 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 dwellinghouse on each lot hereby conveyed, which dwelling-shall be erected on the premises in accordance with the building line as shown on said plat, and no portion of any building or dwellinghouse (porch included) shall approach the street or ocean front nearer than said building line, nor shall any building of any nature or kind whatsoever approach the side lines of the lot or lots nearer than five feet therefrom no detached garage or other building or outbuildings shall be erect- ed thereon dwelling house erected on said lots or lots shall not be completed not less than One Thousand Dollars on lot numbered one hundred ten (110) all toilets, baths, kitchen or other drains or sewage outlets shall be piped to a suitable cesspool to be constructed and maintained on the above premises by the Grantees, their heirs and assigns, at their own cost and expense. 3. No division or line walls, hedges or fences shall be permitted, nor trees of any kind, nor anything (except the dwelling house) that shall in any way obstruct the view from any part of any adjoining property or any dwelling place in this colony, shrubs, flowers and vegetables shall be permitted. 4. No poultry, swine, cattle, noisy or vicious dogs or cats or any other noisy and ob- jectionable animals or birds shall be kept or permitted to be kept on said premises. 5. The Quonocontaug Central Beach Fire District, its successors and assigns, reserve the right to enter upon the above described and conveyed premises to lay new pipe outlets or pipes, or to repair the same, always leaving the premises in as good condition as when entered. 6. It is hereby further convened, understood and agreed and made by and between the parties hereto that all the aforesaid conditions, covenants and agreements on the part of the said Grantees, their heirs and assigns, on their part to be kept and performed, shall attach to and run with the land hereby conveyed; it is further agreed and made a part of the consideration of this sale and purchase that in case of violation of the above conditions or covenants on the part of the said Grantees, or their heirs or assigns, that the title and fee to said premises shall revert to the said Edward R. Thorpe, his heirs or assigns and he or they 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. The said Grantor for herself, her heirs, executors, and administrators, covenants with the said Grantees, their heirs and assigns, that she is lawfully seized in fee simple of the said granted premises; that the same are free from all incumbrances, except as afore- said, that she has good right, full power, and lawful authority to sell and convey the same in manner as aforesaid, that the said Grantees, their heirs and assigns, shall by these premises at all times hereafter peaceably and quietly have and enjoy the said premises, sub- ject aforesaid, and that the said Grantor, and her heirs, executors and administrators shall warrant and defend the same to the said Grantees, their heirs and assigns, forever against the lawful claims and demands of all persons except as aforesaid. Meaning and intending to convey the same premises conveyed to this grantor by Myra W. Burdick by deed dated July 8th, 1936 and recorded in the Land Evidence Records of said Town of Charlestown in Book 26 on Page 41. I, Zaidee G. Payne, covenant that I am a widow. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 28th day of August in the year of our Lord One Thousand and Nine Hundred and Forty. ZAIDEE G. PAINE (SEAL)

323 STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly, on the 28th day of August A. D., 1940, before me personally appeared Zaidee G. Paine, to me known and known by me to be the parties executing the foregoing Instrument, and she acknowledged said instrument, by her executed, to be her free act and deed. (INTERNAL REVENUE STAMPS, $4.40) NELSON H. THORP (Notarial Seal) Notary Public Received for record September 4th, A. D. 1940 at 4:40 o'clock, p. m., and recorded by [Signature] Town Clerk We, George R. Fellows and Edith Lane Fellows, both of the City of Norwich, County of New London and State of Connecticut, as joint tenants, meaning to the survivor for consideration paid, grant to Edith Amanda Fellows, of the City of Norwich, County of New London and State of Connecticut with MORTGAGE containing a mortgage to secure a sum of Two Thousand (2,000) Dollars in Five years with interest at 5% per centum, per annum, payable quarterly-and annually as provided in a certain negotiable promissory note of even date herewith That certain real estate situated in Town of Charlestown, County of Washington in the State of Rhode Island, and described as follows: A certain tract or parcel of land with dwellinghouse and other improvements thereon and including as the principal thing thereon, located and situated at Quonsetquogue Beach in the Town of Charlestown, County of Washington, State of Rhode Island, being the same land and delineated as lot #110 on a certain plan or plat entitled, "Plan of Quonsetquogue Cent- ral Beach, Charlestown, R.I." said plan being dated, October 1st, 1937, and recorded in October 1934, Rossli & Lewis, Engrs.' Said plan or plat being on file in the Town Clerk's Office in said Town of Charlestown. Whereas we intend to mortgage the same premises conveyed to us grants by Zaidee G. Payne by deed dated Aug. 28, 1940 and duly recorded in the Land Evidence Records of said Town of Charlestown; together with all the rights privileges and benefits appertaining thereto, all the restrictions, reservations and covenants as expressed in said deed as is of record. This mortgage is made upon the STATUTORY CONDITION and with the STATUTORY POWER OF SALE. WITNESS our hands this 4th day of September 1940. GEORGE R. FELLOWS (SEAL) EDITH LANE FELLOWS (SEAL) STATE OF RHODE ISLAND) County of Washington ) In Charlestown on the 4th day of September, 1940 before me personally appeared Edith Lane Fellows and George R. Fellows to me known and known by me to be the parties executing the fore- going instrument, and they acknowledged said instrument, by them executed, to be their free act and deed. HOWARD E. THORP Notary Public. Received for record September 4th, A. D. 1940 at 4:45 o'clock, p. m., and recorded by [Signature] Town Clerk KNOW ALL MEN BY THESE PRESENTS That I, Edith A. Fellows, of the Town of Norwich in the County of New London and State of Connecticut do hereby release, and discharge a certain mortgage from George R. Fellows and Edith L. Fellows, as joint tenants, meaning to the survivor, both of said Town of Norwich to me Dated Sept 4, 1940 and recorded in the records of the Town of Charlestown, County of Washington and State of Rhode Island in Book 28 at page 323 to which reference may be had. IN WITNESS WHEREOF, I have hereunto set my seal and hand this 19th day of Feb. A. D. 1947 Signed, sealed and delivered in the presence of ) Mrs. Ned R. Truelander ) EDITH A. FELLOWS (T. S.) Agnes M. Dougherty ) STATE OF CONNECTICUT, ss. Norwich, February 19 A. D. 1947. Personally appeared Edith A. County of New London, ss. Fellows and signed and sealer of the foregoing instrument, and acknowledged the same to be her free act and deed, before me PETER LUKOFF (Notarial Seal) Notary Public My Commission expires April 1, 1952. Received for record February 20th, A. D. 1947 at 9:00 o'clock, m., and recorded by [Signature] Town Clerk