6/6/1961 · DEED · book 37 page 616 doc 6966@37/616

616 WARRANTY DEED (Statutory Form) I, Benjamin C. Gavitt, of the Town of Charlestown, County of Washington, State of Rhode Island, for con- sideration paid, grant to Glenn F. Godden and Mildred L. Godden, husband and wife, both of the Town of Charles- town, County of Washington, State of Rhode Island, as JOINT TENANTS and not as tenants in common, with WARRANTY COVENANTS EXCEPT the parcel of land which the Grantor herein, the said Benjamin C. Gavitt, reserves to himself as is hereinafter set forth and bounded and described, and EXCEPTING those conveyances as made by Benjamin C. Gavitt and those conveyances made by the late Benjie C. Gavitt, all my right, title, and interest in and to a certain parcel of land situated in the Town of Charlestown, State of Rhode Island, bounded on the northerly line of South County Trail, so-called, in the Town of Charlestown, County of Washington, State of Rhode Island, said parcel of tract or land being bounded and described as follows, viz: Easterly by land now or formerly of Nathan A. Weaver and the State Highway northerly and westerly by land now or formerly of Nathan A. Weaver and the State Highway partly by land now or formerly of James R. Kenyon; northerly by lands now or formerly of Augusta Baker heirs, Garner heirs, James R. Kenyon heirs; westerly by land now or formerly of Benjamin C. Gavitt as bounded and described as follows, viz: The parcel of land which the Grantor herein, the said Benjamin C. Gavitt, reserves to himself is bounded and described as follows, viz: - that certain parcel of land situated in the Town of Charlestown, County of Washington, State of Rhode Island, called "The [?] Farm", bounded on the easterly side by South County Trail, so-called, beginning at a point in the northerly line of South County Trail, said point being the southeasterly corner of a lot now or formerly of Benjamin C. Gavitt, as shown on a plat filed in the office of the Town of Charlestown, R. I., property of Benjie C. Gavitt, surveyed and platted Dec., 1934, W. R. Benjamin and Co. surveyors, then running thence northerly one hundred (100) feet to a point in the northerly line of South County Trail, a distance of one hundred fifty-nine and thirty-three one-hundredths (159.33) feet from the southeasterly corner of a lot now or formerly of Benjamin C. Gavitt, thence westerly a distance of four hundred (400) feet, thence at an interior angle of 89° 28', running in a northerly direction one hundred (100) feet to a point in the northerly line of South County Trail, thence northwesterly a distance of three hundred (300) feet to the easterly corner of Lot no. 10 as shown on said plat of "Winston Bluff" by Benjamin and Co. surveyors, then running thence northerly one hundred (100) feet to a point in the northerly line of South County Trail, then running easterly along said northerly line of South County Trail, a distance of three hundred (300) feet to the first mentioned point or place of beginning; the last described line forming the southerly boundary of the said reserved parcel whereas the southerly boundary by South County Trail, northerly by land of Benjamin C. Gavitt laid out as a private street five feet (5) feet wide, northerly by land of Benjamin C. Gavitt and northerly by "Crosspond Park Section Four", however otherwise bounded or described. The premises herein conveyed are subject to the following Restrictions which shall apply to any platting or subdivision of the premises herein conveyed, that in addition to said Restrictions any development of the property herein conveyed shall be known as "Crosspond Park". The Restrictions and conditions are as follows: 1. That only one private, one-family residence and private garage and house and boat house shall be constructed, placed or permitted upon said lot provided, however, that this restriction shall not be construed to prevent the erection of a swimming pool, swimming pool house, or an addition to any building, provided further that no part of any building, including porches, shells to be built on maid lot neither than 15 feet from the Street line of South County Trail, and no part of any building including porches shall extend 10 feet from any side street, river street, street, and 5 feet from any rear property line. 2. That no garage or boat house shall be used as a residence unless it contains the main unit of the residence to be erected on said lot, and that no separate garages, boat houses, or any other accessory buildings, for sale among others, Game meat hut type buildings, building suits in sections or as a complete unit shall be erected and used for any purpose other than as a private residence for the owner and his mutual external (except that the outside walls be covered with neat cement). The roof and exterior walls of all buildings shall be covered in such materials whether stone, brick, or that not be painted white, provided that first written permission shall be given by Plat owner or its nominees. 3. That all toilets and dining rms and side lot shall be connected with cesspools or septic tanks as long as said lot is not suitable for the discharge of sewage water, but prior to the polls installation the shore of this plat, nor can any outside toilets be erected, or maintained. 4. That said tract or any part thereof shall, not be used for any trade or business or commercial purpose or for any public purpose whatever unless the Plat owner or its nominees expressly reserves the right for itself or thosemselves, to set apart for public or business purposes certain areas of said plat. 5. That no dwelling or boat house shall be erected, screened or maintained on said plat lasting cost not exceed $50,000.00 witness my hand and seal this [?] day of [?] 1961. 6. That the Plat owner or of its nominee shall have the right, if the Plat owner or its nominee so elects, to cut and keep clean of brush the land of any lot or lots sold to any Grantee, until such time as the Grantee improves said property in accordance with the restrictions herein. 7. No livestock or poultry of any kind other than a few chickens or our animal household pet shall be kept or permitted to be kept or maintained on said premises. 8. Fences and hedges shall not be permitted on corner lots without the specific permission of the Plat owner or its nominee. Fence and hedges shall, however, be permitted on the other lots, said fences and hedges not to exceed the height of four feet. 9. The Plat owner or its nominee reserves the right to assess each lot owner the annual sum of Ten and 00/100 ($10.00) Dollars per lot until the street Plat Street on which said lot or lots borders shall have been accepted either as a state or town road. 10. The aforegoing restrictions shall be deemed and considered covenants running with the land and said premises shall be binding upon the purchasers, and their heirs, executors of administrators, successors and assigns. The premises herein conveyed are subject to such Easements and Rights of Ways as may be a matter of record.

617 The premises herein conveyed are a portion of those premises as described in Parcel Four (4) in that certain Deed of Bessie C. Gavitt to Benjamin C. Gavitt et ux., see Land Evidence Records of the Town of Charlestown, R. I., Deed Book No. 35, Pages 474 and 475. I, Glenna B. Gavitt, wife of the Grantor, release to said Grantees all my right of dower and all other interest in the aforementioned premises. WITNESS our hands this 5th day of June, A. D. 1961. BENJAMIN C. GAVITT GLENNA B. GAVITT (DOCUMENTARY STAMPS, $10.45) STATE OF RHODE ISLAND, ETC. COUNTY OF WASHINGTON In South Kingstown on the 5th day of June, A. D. 1961, before me personally appeared Benjamin C. Gavitt and Glenna B. Gavitt, husband and wife, both to me known and known by me to be the parties executing the foregoing instrument, and they acknowledged said instrument, by them executed, to be their free act and deed. WOODROW W. TICKER Notary Public Received for record June 6th, A. D. 1961 at 9:50 o'clock, a. m., and recorded by [Signature] Town Clerk ---- OPTION TO PURCHASE REAL ESTATE KNOW ALL MEN BY THESE PRESENTS That we, Benjamin C. Gavitt and Glenna B. Gavitt, husband and wife, both of the Town of Charlestown, County of Washington, State of Rhode Island, in consideration of the sum of One 00 and 00/100 ($1.00) Dollar and other valuable consideration paid to us by Glenn F. Godden and Mildred L. Godden, husband and wife, both of the Town of Charlestown, County of Washington, State of Rhode Island, the receipt whereof is hereby acknowledged, for ourselves, our heirs, administrators, executors and assigns, do hereby agree to sell and convey unto the said Glenn F. Godden and Mildred L. Godden, their heirs and assigns, for the consideration hereinafter mentioned the following described real estate, vita-rese:- That certain parcel or tract of land, together with all the buildings and improvements thereon situated, located on the westerly side of South County Trail, so called, in the Town of Charlestown, County of Washington, State of Rhode Island, more particularly described as follows, Vit-rese:- Beginning at a point in the southerly line of South County Trail, said point being the southeasterly corner of Lot No. 12 as shown on that plat entitled "Charlestown Land" seen in the "Maps of Charlestown, County of Washington, State of Rhode Island" in a book marked "1956", L. P. 1, then running southerly, "together running in a general southeasterly direction, following the northeasterly line of South County Trail, a distance of 150 feet, then running in a general easterly direction, following South County Trail, a distance of 100 feet, running in an angle 69° 45' running in a north easterly direction a distance of four hundred (400) feet; then running in an angle sixty-eight and thirty-six and one-hundredths (68.36) feet to the southeasterly corner of Lot No. 10 as shown on said plat; then running in a general easterly direction a distance of three hundred (300) feet to the first point of beginning of line of bearing described in a deed recorded in Land Evidence Records, in a general southeasterly direction, following the line of the road bounded southeasterly by South County Trail, intersection by line of Benjamin C. Gavitt laid out as a private street forty (40) feet wide, then running southeasterly by line of Benjamin C. Gavitt to the southeasterly corner of said Road Section the said Road or however otherwise said premises may be bounded and described. That in the event the said Benjamin C. Gavitt and Glenna B. Gavitt desire to sell the aforementioned property they shall first offer same to Glenn F. Godden and Mildred L. Godden for a price not greater than the highest price that they shall have been offered for the above described premises; that upon said offer to sell it shall be in writing and that said Glenn and Mildred shall have a period of thirty (30) days in which to exercise the option to purchase at the price then stipulated. It is expressly stipulated that the above Option shall not extend to the heirs and assigns of the said Glenn F. Godden and Mildred L. Godden and shall be for their respective lifetimes only. WITNESS our hands this 5th day of June, A. D. 1961. BENJAMIN C. GAVITT GLENNA B. GAVITT