11/9/1960 · DEED · book 37 page 433 doc 6741@37/433

433 Being a portion of the premises described as FOURTH TRACT in that certain deed of Bessie C. Gavitt to Bessie C. Gavitt and Benjamin C. Gavitt, as Joint Tenants, dated September 14, 1956 and recorded in the Records of Land Evidence, said Town of Charlestown, in Book No. 35 at Pages 474-475. And I do hereby covenant that said Jesse C. Gavitt has since deceased and that I am the surviving grantee mentioned in said deed. This conveyance is made subject to easements described in conveyance of Benjamin C. Gavitt and Bessie C. Gavitt to Town of Rhode Island Volunteer Fire Department, dated May 10, 1957 and recorded in said Records of Land Evidence, in Book No. 35 at Page 664. I, Glenna B. Gavitt, wife of the Grantor, release to said Grantees all my right of dower and all other interest in the aforesaid premises. WITNESS our hands this 2nd day of November, 1960. BENJAMIN C. GAVITT GLENNA B. GAVITT (DOCUMENTARY STAMP, 55¢) STATE of RHODE ISLAND ) County of Washington } ss: In Charlestown, on the 2nd day of November, 1960, before me personally appeared Benjamin C. Gavitt and Glenna B. Gavitt, husband and wife, both to me known and by me known to be the parties executing the foregoing Instrument, and they severally acknowledged said instrument, by them executed, to be their free act and deed. LENTH L. BROWN Notary Public Received for record November 2nd, A. D. 1960 at 10:30 o'clock, a. 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 CLARENCE R. CONKLIN and ELLEN G. CONKLIN, husband and wife, both of Nimsdale, County Du Page and State of Illinois, as joint tenants and not tenants in common, to weigh and to the survivor, with WARRANTY COVENANTS. A certain tract or parcel of land situated and located at Quonochontoucut 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 southerly line of known Avenue, so called, said point being the northeasterly corner of the parcel herein conveyed and the northeasterly corner of land of Herman S. Gandventure; thence running south 15 degrees 30 minutes West 132.50 feet to land of Herman S. Gandventure; and thence east 15 degrees 30 minutes North 132.50 feet to the beginning of the southerly corner of the parcel herein conveyed at land of George B. Gessi; thence turning a right angle and extending easterly, bounded southerly by land of George B. Gessi 132.50 feet to the northeasterly corner of land of George B. Gessi; thence running south 75 degrees 0 minutes East of George B. Jones etc; and thence turning a right angle and extending southerly, bounded northerly by said land 145.25 feet more land across to the northeasterly corner of land of [?] and thence running south 75 degrees 0 minutes East in the southerly line of known Avenue; thence southeasterly 54.67 feet, more or less, and thence lasting easterly along the southerly line of known Avenue 145.25 feet to the northeasterly corner of land of [?] and thence east two lots down to known Avenue by Ben's System. Meaning and intending to convey lot #229 of the easterly one half of Lot #227 as shown on deline-ation of the westerly plan of Quonochontoucut Central Beach as extended before say-uray, 1942, Charlestown, R.I., property of N. E. and N. Thorp, scale 1 inch equals 80 feet, Scale 1: 1942, Sheet 4 dated 1 December 1942. Said grantors, their heirs and assigns shall have the right to pass and repass to and from and from and to and tread upon its fields or orchards, over and across those certain rights of way or roads as shown on the above mentioned plan, and to use the same for road or street purposes, and to make suitable changes, dated October 24, 1924, recorded September 10, 1929, "leading from the road to the fresh water pond, and any other roads or streets as may be needed from time to time," free and without charge, with the said Grantees, their heirs and assigns, with their devotees, heirs and assigns hereby covenant and agree to and with the said grantors, their heirs and assigns that the Rhode Island Fire District, its successors and assigns, on or before the 1st day of August in each year hereafter her username of the first year, for such sum as may be agreed upon, shall pay to Quonochontoucut Central Beach Fire District, its successors and assigns, on or before the first day of August in each year hereafter her username of the first year, for such sum as may be agreed upon, shall pay to Quonochontoucut Central Beach Fire District, its successors and assigns, and in its uncontrolled direction the care to arrange for the cleaning of the beach, and other premises that are in the said District, and the said Grantees agree to be paid and to hereby make a lien and charge upon the premises hereby conveyed, and in case of failure to pay the said sum within ten days after the first day of August, the said District is entitled to the said Quonochontoucut Central Beach Fire District, its successors and assigns, to sell and convey the premises at public auction, first day of August during each year, the said auction to be held in said County of Washington at least once each week for three successive weeks, and to be purchaser the purchaser or purchasers at said sale. This conveyance is made and accepted subject to the following conditions and restrictions, namely:

134 1. In case of a contemplated sale of said lot or parcel of land or any part thereof, Howard E. Thorp and Nelson H. Thorp, their heirs and assigns, shall be given ten days notice in writing and shall have the first privilege of purchasing the same with the buildings and improvements thereon, at the highest bona fide price in good faith made and actually offered to the said grantors, their heirs or assigns. The above conveyed premises shall be used only as a site for one dwelling house on the land hereby conveyed, which dwelling house shall be erected on the premises in accordance with the building bylaws in effect in said town, and that no other building or buildings or any dwelling house (including porch) shall approximate the street or streams or ocean front nearer than 50 feet, nor shall any other building or buildings or detached porches approach within five feet of the owner later than five feet therefrom; no detached garage or other outbuilding or outbuildings shall be erected thereon; further that no building or buildings shall be erected on the premises; further that no closets, bath toilets, baths or other convenience or sewage outlets shall be fitted to a portable cesspool or septic tanks, to ensure the maintenance of the town health and safety, and the heirs and assigns at their own cost and expense. 3. No livestock or live walls, hedges or fences shall be permitted, nor trees of any kind, nor any shrubbery (except the dwelling house) that in any way shall obstruct the view from any part of the adjoining property, or any dwelling house 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 or objectionable animals or birds shall be kept or permitted to be kept on said premises. 5. The said Quonset Point Central Branch Fire District, its successors and assigns, reserve the right to enter upon the land hereby conveyed and to make accesses to any pipe outlets or pipes, or to repair the same, always leaving the premises in as good condition as when entered. 6. It is further covenanted, understood and agreed by and between the parties hereunto that the after mentioned conditions covenants and restrictions shall run with the said grantors, 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 covenanted and agreed that in the event of the said grantors, their heirs and assigns, in their case of any violation of the a. v. e. conditions covenants or on the part of said grantors, their heirs and assigns, that said land and premises shall revert to said Howard E. Thorp and Mary E. Thorp and Nelson H. Thorp, their heirs and assigns, or he or they may repose themselves himself or themselves of the estate hereby granted; and all right, title and interest thereinto hereby conveyed shall be forfeited and cease and determine. 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 described premises. WITNESS our hands this 10th day of October, 1960. HOWARD E. THORP MARY E. THORP NELSON H. THORP MERLE N. THORP (DOCUMENTARY STAMP, $1.65) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly on the 10th day of October 1960, before personally appeared Howard E. Thorp, Nelson H. Thorp, Mary E. Thorp and Merle N. Thorp, to me known and known by me to be the parties executing the foregoing instrument, and acknowledging said instrument by them executed to be their free act and deed. FLORENCE J. WELLS (Notarial Seal) Notary Public. Received for record November 9th, A. D. 1960 at 9:05 o'clock, a. m., and recorded by [Signature] Town Clerk ---- STATUTORY FORM OF WARRANTY DEED CHARLESTOWN ESTATES, INC., a corporation duly incorporated under the laws of the State of Rhode Island, and having a place of business in the Town of Westerly, County of Washington and State of Rhode Island, for consideration paid, grant to FRANCIS C. HUBERMAN, JR., of South Windsor, County of Hartford and State of Connecticut, with WARRANTY COVENANTS, That certain building lot located on the westerly side of Buddington Road, so called, at Quonsetpoint Beach in the Town of Charlestown, County of Washington and State of Rhode Island, and bounded and described as follows, to wit: Beginning at a point on the westerly line of Buddington Road, so called, at said point being the southeasterly corner of the lot of land hereby conveyed and being located a distance of sixty-three (63') feet, more or less northerly along the westerly line of said Buddington Road, from the northeasterly corner of lot no. 4, Harrison Colony, as per those boundary along the westerly line of Buddington Road, which is the arc of a circular curve, sixty-three