2/2/1961 · DEED · book 37 page 518 doc 6834@37/518

518 WITNESS our hands this 31st day of January 1961. ANGELO DIPOLENE Angelo Dipolene In presence of: Joseph N. Cugini Oliver P. Crandall DOROTHY N. DIPOLENE Dorothy N. Dipolene . STATE OF RHODE ISLAND, ETC.) COUNTY OF WASHINGTON } ss. In Westerly on the 31st day of January 1961, before me personally appeared Angelo Dipolene and Dorothy N. Dipolene to me known and by me known to be the parties herein executing the foregoing instrument, and they acknowledged said instrument, by them executed, to be their free act and deed. OLIVER P. CRANDALL Notary Public Received for record February 2nd, A. D. 1961 at 9:15 o'clock, a. m., and recorded by [Signature] Town Clerk ---- DISCHARGE OF MORTGAGE Due [?] WESTERLY COMMUNITY CREDIT UNION, holder of a mortgage by Angelo Dipolene & Dorothy N. Dipolene, to said WESTERLY COMMUNITY CREDIT UNION, dated January 31, 1961, and recorded in the land evidence records of the town of Westerly, County of Washington and State of Rhode Island, in Book No. 37 at page 517-518 having received full payment and satisfaction, hereby cancels and discharges the same and covenants to and with the payers that said WESTERLY COMMUNITY CREDIT UNION is the present owner of said mortgage. IN TESTIMONY WHEREOF, said WESTERLY COMMUNITY CREDIT UNION has caused the presentes to be signed and its corporate seal to be hereunto affixed by its President, duly authorized, this 14th day of April AD 1973. WESTERLY COMMUNITY CREDIT UNION (Corp Seal) Executed in Presence of: CARMELA ANDERSON JEAN ELCOCK By JOSEPH N. CUGINI Its [?] Received for record May 1st A. D. 1973 at 1:00 o'clock, p.m., and recorded by [Signature] Town Clerk ---- STATUTORY FORM OF WARRANTY DEED. I, KATHARINE R. VAN OST, of Hackensack, County of Bergen and State of New Jersey, for consideration paid grant to REXFORD E. BALDWIN and LOIS H. BALDWIN, husband and wife, both of West Hartford, County of Hartford and State of Connecticut, as joint tenants and not as tenants in common, meaning to the survivor, with WARRANTY CONVEYANCE. A certain tract or parcel of land together with all buildings and improvements thereon situated and lying including and touching the furnishings thereto, situated and lying in the Town of Charlestown, County of Washington, State of Rhode Island and more than fully described and bounded as follows: Lot #79 as shown and delineated on a certain plan or plat entitled, "Plan of Quonochontaug Village, Charlestown, Rhode Island, Shore, Topography & Timber Invent., Area, 80 feet to the index, October, 1924, Recorded April 1924" being a record copy of a plan or plat on file in the Town Clerk's office of said Town of Charlestown Said grantors, their heirs and assigns shall have the right way paths repose and to return from and form to and to said tract of land by the roads or thoroughfares, over and upon and across other rights of way and return or roads as shown on said plan or plat leading to the public highway, and as well the rights of the said grantees, their heirs and assigns to use and enjoy the paths, roads and ways in the Fresh pond, and any other portions of said plat which may hereafter be designated for public use, the said grantees, their heirs and assigns, and their privileges shall pay to Quonochontaug Fresh Pond Association, the owners of said plat, an annual sum of Five Dollars ($5) for their lot conveyed hereby; said sum to be expended and applied by the said Quonochontaug Fresh Pond Association in the discretion of its Trustees, in the construction, signing in and their maintenance and repair of the roads and maintenance of the roads and other portions that may be designated for public use, and the said grantees, their heirs and assigns, and in case of failure to make payment a yearly sum as aforesaid within one year after the same became due or payable, shall be liable to a penalty of one hundred dollars ($100) for each year's failure to pay, and the said sum shall be recoverable by the premises at public auction, Beach Fire District site, in the manner of a tax lien on real estate, and the said sum shall be recoverable by public auction at sale, first giving notice of such sale in some newspaper published in said County of Washington at least once each week for three weeks prior to the date of such sale, and the said sum shall be recoverable by purchasers at sale. This conveyance is and subject accepted and subject to the following conditions and restrictions: RESERVATION: 1. In case of a contemplated sale of said lot or parcel of land or any part thereof, Bound E. Thorp, his heirs and assigns shall have the first option to purchase said lot or any part thereof and shall have the right to purchase the same with the buildings and improvements thereon at the highest bona fide price in good faith made and actually paid therefor to the said grantors, 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 buildings line shown on said plan or plat, and no other building or buildings, additions or dwellings, nor any porch included shall approach the street or streets or ocean front nearer than said building line nor shall any building of any kind nature whatever be erected on the side thus on the building line nor shall five feet thereon, no other building or buildings or other out building or buildings shall be erected there on; dwelling house erected on said lot shall when completed not be less than one thousand two hundred (1200) dollars, all toilets, baths, kitchen or other drains or sewage outlets shall be piped to a

519 suitable causeway 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 in any way from any part of any adjoining property, or any dwelling house in this colony. Shrubs, flowers, & vegetables shall be permitted. 4. No poultry, swine, cattle, noise or nuisance eggs or cats or any other noisy or objectionable animals or others of the like shall be permitted on said premises. 5. The said Quonsetogue Central Beach Fire District, its successors and assigns, reserve the right to enter upon the above described property to lay any new pipes or conduits, or to repair the existing ones, subject to the proviso that the premises be restored to their former condition. 6. It is hereby further covenanted, understood and agreed by and between the parties hereunto that all the aforementioned covenants, conditions and agreements on the part of the grantor said grantee, their heirs and assigns on behalf party of the first part are not covenants running with the land but are personal covenants. But further agree and made a part of the consideration of the this conveyance and shall in case of any violation act of any party to the first part it shall be deemed a forfeiture, and that their rights, title and interest in and to the title and fee to said premises shall revert to said George T. Sharp, their heirs and assigns, and be in any way restricted or limited. All rights, title and interest hereby granted, and all right, title and interest hereby conveyed shall be forfeited and cease and terminate. Housing and t-land* to convey the same premises conveyed to this grantor and her husband Sam Van Ost, as joint tenants, by Millard N. Taylor by deed dated June 20th 1935 and recorded in Book 32 Page 518 of Evidence Records of the Town of Charlestown in Book #32 at Page #278-279. Said John Van Ost having deceased in Charlestown, Rhode Island, May 28, 1953. Grantees agree to pay 1961 Town taxes due Oct. 1961. I, Katharine R. Van Ost covenant that I am a vendor. WITNESS my hand this 9th day of January 1961. KATHARINE R. VAN OST (L. S.) Witness: Elise M. Von Garden STATE OF NEW JERSEY COUNTY OF BERGEN In Hackensack, N. J., on the 9th day of January, 1961 before me personally appeared Katharine R. Van Ost, to me and known by me to be the party executing the foregoing instrument and she acknowledged said instrument by her executed to be her free act and deed. ELISE M. VON GARDEN (Notarial Seal) A Notary Public of New Jersey STATE OF NEW JERSEY COUNTY OF BERGEN ss. I, ALEXANDER ALAN, Clerk of the County of Bergen (and also Clerk of the County Court of Bergen County, the same being the Port of Record of the aforesaid County of Bergen) having by a seal DO HEREBY CERTIFY, that Elise M. Von Garden Esquire, whose name is subscribed to the attached certificate of acknowledgment, proof or affidavit, was at the time of taking said acknowledgment, proof or affidavit, a "Done" etc, duly commissioned and sworn and residing in and practicing in said State, duly authorized by the laws of said State, duly authorized by the laws that leave to take and certify the same, as well as to take and certify the proof and acknowledgment of deeds, bargains and sales and other instruments, and that she has taken and certified the proof and acknowledgment of said State, and that the said acknowledgment is duly executed and taken according to the laws of said State, and that Full faith and credit ought to be and is taken in said certificate. And I do further certify that I am fully acquainted with his handwriting and verily believe the signature to the attached certificate is his genuine signature. And I do further certify that the impression of the seal of such NOTARY PUBLIC is not required by the laws of this State to be filed in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed by official seal this 9th day of January 61 A.D., 19 ALEXANDER ALAN Clerk WILLIAM M. RINNENBERGER Deputy (L. S.) Received for record Febuary 2nd, A. D. 1961 at 2 o'clock p. m., and recorded by (DOCUMENTARY STAMPS, $13.30) Town Clerk