10/25/1960 · DEED · book 37 page 419 doc 6722@37/419

419 STATUTORY FORM OF WARRANTY DEED. I, JANET G. BROPHY, of the Town of Charlestown, County of Washington and State of Rhode Island, for consideration paid, grant to LOUIS MAGLIOLA and ELIZABETH MAGLIOLA, husband and wife, both of Stamford, County of Fairfield and State of Connecticut, as Joint Tenants and not as Tenants in Common, with WARRANTY COVENANTS That certain lot or parcel of land situated in the Town of Charlestown, County of Washington, in the State of Rhode Island, being Lot Numbered Twenty two (22) on that plat entitled, "LOT FOUR PLAT in the Town of Charlestown, R. I., Property of Sarah J. Browning. Platted March, 1958, W. E. Rasterbrooks, Civil Engineer, Scale 1" = 80'", subject to the following restrictions, viz: 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 together with a connected or unconnected private garage not for more than two (2) cars. 2. Only one dwelling house shall be built on any one lot, provided, however, that this restriction shall not be construed to prevent the construction of one house party on one lot in the plat, and on partly an adjoining lot, the two lots being for the purpose of be treated as one lot in the Plat. 3. No building shall be located, nor any lot nearer to any street, whether it be a side street or main artery, than twenty-five (25) feet, nor nearer than ten (10) feet from any size or rear property line, this to include porches, plans, or any other projections of any other appearances shall be 4. That no such dwelling or connected or unconnected garage or any other appearances shall be constructed or located on said lot except in accordance with the plans thereof (and said plans shall include a full and adequate description of the materials to be used) shall first have been submitted to and approved in writing by Sarah J. Browning, or her heirs, assigns, or attorney, that a bona fide purchase or mortgage of said premises with a structure thereon, at any time of such purchase shall not be required to demonstrate that said plans and specifications have been approved, provided that the following basic rules must, however, be followed in each set of plans to be submitted to the said Sarah J. Browning, or her heirs, assigns, or attorney, and can be given to the plans submitted: (a) Building foundations must be of a solid masonry construction. (b) Buildings constructed of wood must be painted, stained, or shingled. However, in no instance will novelty siding be allowed nor shall any imitation asphalt, brick, or any other imitation materials be used for exterior finishes on any buildings. (c) Buildings of concrete or a similar stone construction shall have their exterior walls stuccoed. (d) All coverings of pitched roofs shall be covered with other than rolled or sheet roofing. (e) Adequate sewage systems must be shown on the plans and completed before occupancy of any building shall be allowed. 5. No tent or automobile trailer or other movable or portable structure shall be used or permitted on said premises, and furthermore, no lot shall be used as a dumping ground or storage for rubbish, any kind of metal, scrap, machinery, etc., or compost dump, or rubbish heap. Said Sarah J. Browning, or her nominees, shall have the right, if she and/or her nominees shall elect, to use and keep clear of trash, rubbish, etc. any such area as shall be designated as such for the purpose of keeping said property as set forth in the restrictions herein. 6. Whether the premises nor any part thereof, nor any building or other structure, shall at any time herein be used for any commercial purpose, including industrial, rental, mercantile or any commercial purpose. 7. No poultry or livestock of any kind other than a dog or cat or usual household pet shall be kept or maintained on said premises. 8. Picket or rail fences and stone walls shall be permitted but not to exceed height of four (4) feet. All other types fencing shall be prohibited. 9. All sewage from buildings or clearances on the premises shall be treated and disposed of by the owner of the premises or by installing a septic tank or tanks with a drain field or other facilities, or combine of the premises by installing a septic tank or tanks with a drain field or other facilities, or shall be maintained by the owner of the premises in a sanitary condition and further, that any such system not function properly as to cause any overflow or drainage, either above or around be the ground mean, to the Charlestown Sewer Authority, and the owner and/or parties responsible shall be immediately subject to the full process of the Law. 10. Invalidation of any one of these covenants and/or restrictions by Judgment or court order shall in no way affect the validity of the other provisions which shall remain in full force and effect. 11. The aforegoing restrictions are imposed for the benefit of the Grantor, her heirs and assigns, and of the other owners from time to time of lots upon said plat, and that any of them may enforce the same by legal process if necessary. 12. The aforegoing restrictions shall be deemed and considered covenants running with the land and said premises and shall be binding upon purchasers, and their heirs, executors, administrators, successors, and assignees all the aforementioned restrictions. Dated January 1, 1959. There is hereby granted as appurtenant to the lot herein conveyed the right to use in common with other lots on said plat, a dock area at the shore of the land not conveyed by Sarah J. Browning to the grantee, subject in all respects to the restrictions of said Sarah J. Browning, so that all lot owners on said plat may have equal enjoyment of the same. Meaning and intending to convey and to convey the same premises conveyed by deed of Sarah J. Browning to this Grantor Dated Mary 4th, 1959 and recorded in the Records of Land Evidence, said Town of Charlestown, in book 36, Page 574.

420 I, Peter M. Brophy, husband of the grantor, release to said grantees all my right of curtesy and all other interest in the aforesaid premises. WITNESS our hands this 21st day of October, 1960. JANET G. BROPHY PETER M. BROPHY (DOCUMENTARY STAMPS, $2.20) STATE OF RHODE ISLAND ) County of Washington ) In Charlestown, on the 21st day of October, 1960, before me personally appeared Janet G. Brophy and her husband, Peter M. Brophy, both to me known and known by me to be the parties executing the foregoing instrument, and they severally acknowledged said instrument, by them executed, to be their free act and deed. LINTON L. BROWN Notary Public Received for record October 25th, A. D. 1960 at 9:20 o'clock, a. m., and recorded by [Signature] Town Clerk