11/15/1960 · DEED · book 37 page 441 doc 6750@37/441

441 STATE OF CONNECTICUT } } County of Windham } In East Killingly, on the 8 day of November, 1960, before me personally appeared Alice M. Weeden, to me known and known by me to be one of the parties executing the foregoing instrument, and she acknowledged maid instrument, by her execution to be her free act and deed. ALEN H. BROOKS Notary Public Received for record November 14th, A. D. 1960 at 9:15 o'clock, a. m., and recorded by [Signature] Town Clerk KNOW ALL MEN BY THESE PRESENTS, that we, NORMAN L. BEHNEKE and, MARIE ROSE YVONNE BEHNEKE, of the Town of Charlestown, County of Washington and State of Rhode Island, hereinafter called the Grantors, in consideration of the sum of Ten ($10.00) Dollars to us paid by ANDREW ZAMPERINI and OLGA ZAMPERINI, his wife, hereinafter called the Grantees, both of the Town of West Warwick, County of Kent and State of Rhode Island, the receipt whereof is hereby acknowledged, do give, grant, bargain, sell and convey unto the said Grantees as joint tenants and not as tenants in common, and their heirs and assigns forever in fee simple:— That certain tract of land in Charlestown, Washington County, Rhode Island, designated as Lot No. Fifteen (15) on that plat marked "Sea Lot Colony in Charlestown, R. I., Property of N. L. and M. R. Y. Behneke, Numbered lots represent area of Sea Lot Colony, Surveyed and Platted 1936, Leon L. Hallwell, Civil Engineer, Scale 1" = 60'", which plat is Recorded in the Records of land Evidence in the Town of Charlestown. This conveyance is made subject to the following restrictions binding upon the said Grantees, their heirs and assigns: 1. Only one private sanitary residence, and a private garage shall be erected, placed, maintained or permitted upon said lot, or any part thereof, and no part of any building, including porches shall come nearer than twenty (20) feet from Second Street or nearer than five (5) feet from the south, east, north and lot lines. 2. No garage shall be used as a residence unless it costs the minimum cost the residence is to be constructed on said lot, and no tents or no auto trailers shall be erected, placed or maintained on said lot. 3. All toilets and sink drains on said lot shall be connected with cesspools or septic tanks so placed as not to pollute or endanger any drinking water supply, nor to pollute the waters along the shore of said lot. 4. Said lot, or any part thereof, shall not be used for any trade or business or commercial purpose or for any public purposes whatsoever. 5. No house shall be erected, placed or maintained on said lot costing less than Fifteen Hundred ($1500.00) Dollars without the written consent of these Grantors; Also that certain strip of land in the Town of South Kingstown, Washington County, State of Rhode Island, designated as strip No. One Hundred-Fifty-Eight (158) on that plat entitled, "Sea Lot Colony in Charlestown and South Kingstown, R. I., Property of N. L. and M. R. Y. Behneke, Numbered lots represent area of Sea Lot Colony, Surveyed and Platted 1933, 1934, 1936, 1937, 1938, Leon L. Hallwell, Civil Engineer, Scale 1" = 60'", which plat is also recorded in the Records of Land Evidence in the Town of Charlestown and Town of South Kingstown. This strip of land is convey agreed subject to the following restrictions: (a) No building other than a dock shall be erected on said strip of land. No pipes shall run from our tract of land on this GRill Hill Pond and nothing shall be maintained on said strip of land which will in any manner pollute the waters of the pond. (b) No part of said land shall be used for any trade or business or for any commercial or public purposes whatsoever. No person may use this land as sleeping quarters or for a trailer or tent. This strip of land shall at all times be kept in neat and free from any unsightly litter. (c) Said premises are conveyed exclusively for the purpose of giving to the Grantees and the Owners of Lot No. Fifteen (15) on the aforementioned plat access to GRill Hill Pond and building privlies thereon and cannot be leased, shared, rented or the use thereof given to any one other than a person who is the lessee or the tenant of said lot. No house shall be built on or said lot as a guest house (15). It is the express intention of this restriction to prevent the use of this strip of land for any purpose whatsoever by any person or persons other than the owner or legal occupants of the dwelling house on said lot No. Fifteen (15). (d) Community privileges and paths, ways of streets of Sea Lot Colony adjacent to these strips of land are reserved exclusively for residents of Sea Lot Colony in order to protect their quiet and peaceable enjoyment of these privileges and their use cannot be granted by owners of lots on Sea Lot Colony to owners on adjacent plats or to any other persons.

442 (e) Said strip of land No. One Hundred Fifty-eight (158) must be conveyed with lot No. Fifteen (15) and cannot be sold separate and apart from it. Should any attempt be made by these Grantees, their heirs and assigns to convey, lease or rent said strip of land No. One Hundred Fifty-eight (158) separately from lot No. Fifteen (15), the fee in said strip of land No. One Hundred Fifty-eight (158) shall immediately revert to these Grantors, their heirs and assigns and the said attempt shall be null and void as to the same. Failure of said Grantors, their heirs and assigns to enter and take possession upon such breach shall not constitute a waiver of their right to do so. TO GIVE AND TO HOLD the aforementioned premises, with all the privileges and appurtenances therunto belonging, unto them and to the use of the said Grantees, as joint tenants and not as tenants in common, and their heirs and assigns forever in fee simple. And we, the said Grantors, do hereby for ourselves and our heirs, executors and administrators, covenant with the said Grantees, and their heirs and assigns, that we are lawfully seized in fee simple of the said granted premises; that the same are free from all encumbrances, excepting as aforesaid; that we have good right, full power and lawful authority to sell and convey the same in manner as aforesaid; that the said Grantees and their heirs and assigns shall by these presents at all times hereafter peaceably and quietly have and enjoy the said premises, and that we, the said Grantors, will and our heirs, executors and administrators shall, warrant and defend the same to the said Grantees, and their heirs and assigns forever against the lawful claims and demands of all persons, excepting as aforesaid. IN WITNESS WHEREOF, we NORMAN L. BEHNEKE and wife, MARIE ROSE YVONNE BEHNEKE, have hereunto set our hands this 14th day of November, in the year of our Lord One Thousand Nine Hundred and Sixty (1960). NORMAN L. BEHNEKE MARIE ROSE YVONNE BEHNEKE (DOCUMENT STAMP $1.10) STATE OF RHODE ISLAND } County of Washington } In Charlestown, on the 14th day of November, 1960, before me personally appeared Norman H. Behneke and Marie Rose Yvonne Behneke, husband and wife, both to me known and by me to be the parties executing the foregoing instrument, and sebeverally acknowledged said instrument, by them executed, to be their free act and deed. LYNDON L. BROWN Notary Public Received for record November 15th, A. D. 1960 at 11:00 o'clock, a. m., and recorded by [Signature] Town Clerk ---- KNOW ALL MEN BY THESE PRESENTS, that I, PAULINE L. O'CONNELL, of Materville, in the State of Maine, for consideration paid, grant to GILEN F. GOODEN and MILWRED L. GOODEN, husband and wife, both of the Town of Charlestown, County of Washington and State of Rhode Island, as Joint Tenants and not as Tenants in Common, with WARRANTY COVENANTS Two (2) certain lots or parcels of Land, situated in the Town of Charlestown, County of Washington and State of Rhode Island, shown and delineated as Lots Numbers 582 (five hundred eighty-two) and 585 (five hundred eighty-three) as shown on a "Map of Charlestown by the Sea, Charlestown, Rhode Island, caused and developed by Thomas F. Reilly, Scale " 1" = 100', dated July 25, 1924, K. W. Leighton, Civil Engineer, New Haven, Connecticut," and filed in the Office of the Town Clerk, said Town of Charlestown. Said lots together form one tract bounded as follows: SOUTHERLY : by Thomas Street, as shown on said Map, fifty (50) feet, more or less; WESTERLY : by lot Number 584, as shown on said Map, one hundred ten (110) feet, more or less; NORTHERLY : by lots Numbers 545 and 546, as shown on said Map, fifty (50) feet, more or less; and EASTERLY : by lot Number 581, as shown on said Map, one hundred ten (110) feet, more or less.