The instrument's own words
page 1
106
7. No trailer, mobile home, tent, houseboat or similar or temporary dwelling may be erected
or placed upon said lot.
8. In the event of a sale of the above described, bounded and conveyed slab of land or any part
thereof, the grantors, their heirs and assigns, shall be given seven (7) days notice in writing,
and shall have the first option to purchase the same, with all the buildings and improvements there-
on at the lowest bona fide offer received.
9. No poultry, swine, cattle, noisy or vicious dogs or cats, or any other objectionable animals
or birds shall be kept or permitted upon the property.
Said rights of way herein before referred to are temporary and for the use of the grantees and
to his heirs and assigns until such time as the Province of Rhode Island permanent rights of way are established
to provide suitable access to the premises at which time said temporary rights of way are to terminate
and cease to exist. This conveyance shall not be construed for public use. Said rights of way may be opened and main-
tained by the Grantees, their heirs and assigns, until such time as the State's own employees subject to said
limitations shall be granted. The grantees, their heirs and assigns, shall not be entitled to and shall
acquire no claim whatsoever against the grantors, their heirs or assigns, on account of labor,
materials or damage occurring during the construction of said rights of way.
We, Mervyn M. Warnock and Theresa J. Warnock, grantors herein, hereby release unto said grantees, all
our respective rights of dower and/or curtesy and all other interest in the above-described premises.
WITNESS our hands this 14th day of September, A. D. 1961.
In Presence of:
Clifford C. Wilcox
(Documentary Stamp, $1.10)
STATE OF RHODE ISLAND )
)
COUNTY OF WASHINGTON )
In Hopkinton, on the 14th day of September, A. D. 1961, before me personally appeared MERVYN M.
WARSHOK and THERESA J. WARSHOK, husband and wife, 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.
CLIFFORD C. WILCOX (Notarial Seal)
Notary Public
Received for record September 14th, A. D. 1961 at 3:33 o'clock, p. m., and recorded by
Town Clerk
STATUTORY FORM OF WARRANTY DEED.
We, EDWIN R. SPRING and DENISE M. SPRING, husband and wife, both of Agawam, County of Hampden and Common-
wealth of Massachusetts, as joint tenants, for consideration paid grant to REYMOND E. BALMWIN and LOIS H. BALMWIN,
husband and wife, both of West Hartford, County of Hartford and State of Connecticut, as joint tenants and not
tenants in common, meaning to the survivor, with WARRANTY CONVEYANTS.
A certain tract or parcel of land located on the northerly side of Ocean View Avenue, so named,
at Concentrating Hall, State of Rhode Island, being a part of the County of Washington and State of Rhode
Island, and bounded and described as follows to wit:
Beginning at a point in the northerly side of Ocean View Avenue, so named, said point being the
southwesterly corner of the property of S. P. S. L. C. and the northeasterly corner of another lot of the
grantees; thence running northerly 100.64 feet to a drill hole in a rod at the north-
easterly corner of said parcel; thence running easterly 100 feet to a drill hole in a rod at the northeasterly
end of that line; thence southerly 100.64 feet to a drill hole in a rod at the northeasterly corner of the
said parcel herein conveyed; thence westerly 100 feet to the point of beginning of the said
parcel herein conveyed; thence westerly along the northerly line of Ocean View Avenue, said point being the southwesterly
corner of the parcel herein conveyed; thence westerly along the northerly side of Ocean View Avenue,
30 feet to the corner and then northerly 100 feet to a drill hole in a rod; said parcel is bounded southerly by Ocean View Avenue,
westerly by other lands of the grantees, northerly by the most easterly line and easterly by other land- this
day being conveyed by the grantees.
Meaning and intending to convey one to ey the westerly half one lot #80 as shown and delineated on that
certain plan or plat entitled, "Map Accompaning Central Beach, Charlestown, Rh. I., Morph &
Treasury Dep., etc., dated September 10, 1929," said plan is filed in Town Clerk's Office of the Town of
Charlestown.
In consideration of the purchase price it is mutually understood and agreed that the premises hereby
conveyed shall be appurtenant to and be considered to be a part of Lot #79 owned by these grantees;
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107
and that no separate building of any kind or nature shall be built, created or permitted on the
parcel of land hereby conveyed. Furthermore, this deed conveys all the privileges and benefits
and is subject to all restrictions and covenants as are now in the line of title of Lot #78.
It is Further convenanted and agreed that the grantors, their heirs and assigns, will and
shall pay to the Commonwealth Central Beach District, for possessions and rights on or be-
fore the first day of August in each year hereafter the sum of Two Dollars and Fifty Cents ($ 2.50)
for that part of Lot #78 which is now owned by them and occupied and enjoyed by the Com-
mon Central Beach First District, its successors and assigns, in its turn and their uncontrolled
discretion to the care and use of the said District, for such improvements that may be deemed
expedient by the said sum added to be paid hereby a sum added and charge upon the premises
hereby conveyed, and in case of non payment of the said sum every year after the 1st day of
November becomes due it shall be a privilege for the said Common Central Beach First District, its successors
and assigns, to sell and convey the premises at public auction, first giving notice of the sale
in some newspaper published in the Town of Charlestown once each week for three successive
weeks, and to become the purchaser at said sales at said sale.
Being a portion of the premises conveyed to these Grantors by Howard E. Thorp by deed dated September
30, 1944 and duly recorded in the Land Evidence Records of the Town of Charlestown in Book #29 at Page #298.
WITNESS our hands this 8th day of September 1961.
EDWIN B. SPRING
DENISE M. SPRING
(DOCUMENTARY STAMPS, $1.65)
STATE OF RHODE ISLAND
COUNTY OF WASHINGTON
In Charlestown on the 8th day of September 1961, before me personally appeared Edwin B. Spring and Denise M.
Spring, husband and wife, to me known and known by me to be the parties executing the foregoing instrument, and they
acknowledged said instrument, by then executed to be their free act and deed.
NELSON H. THORP (Notarial Seal)
Notary Public
Received for record September 15th, A. D. 1961 at 9:10 o'clock a. m., and recorded by writ
[Signature]
Town Clerk
STATUTORY FORM OF WARRANTY DEED.
We, EDWIN B. SPRING and DENISE M. SPRING, husband and wife, both of Agawam, County of Hampden and Commonwealth
of Massachusetts, of age SPRING and tenants, for consideration paid grant to HAMILTON D. SCHWARZE and CONSTANCE H. SCHWARZE, husband
and wife, both of New Canaan, County of Fairfield and State of Connecticut, as joint tenants tenants and not tenants in common,
meaning to the survivor, with QUIT-CLAIM COVENANTS:
A certain tract or parcel of land located on the northerly side of Ocean View Avenue, so called, at
Contengual Central Beach 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 northerly side of Ocean View Avenue so called, said point being the south-
easterly corner of the parcel herein conveyed and the southeasterly corner of other land thus granted; these
bounds running easterly back boundary of the said parcel of land these grantors 201.75 feet to the grill hole by
the south easterly boundary corner of the said parcel of land these grantors 150 feet to a stone wall,
a rock marking the northeasterly corner of the parcel herein conveyed; thence running southeasterly in a
more or less to the northerly side of Ocean View Avenue, from there running southeasterly in a
straight line 196.08 feet, more or less to the intersection with the northerly line of Ocean View Avenue, said
point being the southeasterly corner of the parcel herein conveyed; thence running northwesterly along the
northerly line of Ocean View Avenue 30 feet to the point and place of beginning. Said parcel is bounded
southeasterly by other land of the said Grantors, northerly by other land thus granted by these grantors to Record E. Baldwin,
et ux.
Meaning and intending to convey the entire easterly half one lot of #80 as shown and delineated on a certain plan
or plat exhibit, "Plan of Quasacouna Central Beach, Section I., by R. Thorp $\pm$ Engineer, Inc., Attn.,
State plan #83 filed in the town Clerk's Office of the Town of Charlestown, recorded September 10, 1969." Said plan
or plat being a file in the Town Clerk's Office of the Town of Charlestown.
In consideration of the purchase price it is mutually understood and agreed that the premises hereby conveyed
shall be apartments of and be considered to be a part of Lot #81 owned by these grantors; and that no separate
building of any kind or nature shall be built, created or permitted on the parcel of land hereby conveyed.
Furthermore, this deed conveys all the privileges and benefits, and is subject to all restrictions and covenants
as are now in the line of title of Lot #81.
page 3
Book No. 47 at page 21). Also another tract of land situated in the town
of Johnston, County of Providence and State of Rhode Island containing by
estimation about fifty two land and ninety six hundredths acre, conveyed to
Mary H. Newell and David W. Newell by Theodore S. Black, by deed dated
the 28th day of May 1801 and recorded in Book Evidence of Land Proprietors
Book No. 26 page 136 being the tract of land purchased by said Theodore
S. Black from Charles A. Dupré by deed dated the 22nd day of December
1799 and recorded in Book Evidence of said Proprietors Book No. 25,
at page 306, together with the right to dump on, and the right of way
over other land of his underwriter as more specifically described in
said last mentioned deed, to which reference is hereby made, also
two tracts of parcels of land in the Town of Westerly, the first
containing by estimation about ten acres, and the second
containing by estimation about nine acres, conveyed by Soloman
R. Pierce to Mary H. Newell and David W. Newell, by the deed
dated March 1st 1794 and recorded in Land Records of the town
of Westerly in Book No 35 page 43, whereas these being hereby more
specifically described as being the two tracts of land purchased by said Soloman
R. Pierce from Tristan S. Patchden by deed dated the 22nd day of December
1793 and recorded in the Land Records of Westerly aforesaid Book No 35
at page 311; also two other tracts of land, the first tract situated
in the town of Charlestown aforesaid and containing by estimation
about one hundred seventy four acres, the second tract situated
partly in said Charlestown and partly in said Westerly, and
containing by estimation about one hundred twenty five acres,
conveyed to Mary H. Newell and David W. Newell, by the heir
of Ezra Kelly deceased, by deed dated the 6th day of August 1791 and
recorded in the deed record of deeds of the town of Charlestown aforesaid,
in Book No 17 at page 125, and in the Land Records of said Westerly,
in Book No 33 at page 132, whereas these having been hereby had and
more, the above described tracts of land being the whole of the
Property conveyed to this mortgagor by Mary H. Newell (also
known as Mary Agnes Newell) of Scottsdale Scotland widow of
Joseph Newell deceased, deceased and sole devisee under his will noted
recorded in the Registry of the Probate Court of Washington County
in the Town of Westerly and State of Rhode Island, and deed
to David W. Newell by the County of Washington in the State
of Rhode Island, both individually and as coheirs, owning
premises in Westerly and Charlestown in the said State of Rhode
Island, under the firm name of "Joseph Newell and Company" by
deed dated the 31st day of October 1837.
To have and to hold the aforementioned premises,
with their appurtenances unto and to the use of said Industrial
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28
Trust company, its successors and assigns forever. And it is said
mortgagor, does hereby, for itself and for its successors, covenant with
said Industrial Trust Company, its successors and assigns that it is
and shall be in fee simple of the said real estate hereby mortgaged
and free from all encumbrances except as mentioned in said mortgage
& it does grant and give full power and lawful authority to sell and
convey the same in manner or otherwise, said said Industrial
Trust Company, its successors and assigns, shall they hereafter
at all times hereafter hereby have and enjoy the said premises,
And that said mortgagor with, and its successors et al, warrant
and defend its cause to the said Industrial Trust Company, its
successors and assigns forever, against the lawful claims and
demands of all persons present or specified and also to pay the
taxes, levies, assessments and other charges hereby charged on
said mortgaged premises. Provided, nevertheless, that if said
mortgagor, or its successors or assigns shall pay unto said Industrial
Trust Company, its successors or assigns, the sum of ten thousand
Dollars ($10,000) within six ty months from the date hereof, with interest
thereon, at the rate of six per centum per annum, payable semi-
annually in advance said principal sum aforesaid shall mature, whether
at or before its maturity, and all unpaid sums of interest in arrears,
whether since or until maturity to ten per centum at the rate aforesaid until paid,
and what also here all taxes and assessments of every kind levied
or accrued when or in respect of said premises, or upon said
Industrial Trust Company, its successors or assigns, in respect of
this mortgage or mortgaged debt, whether under statutes now in
force or that may be hereafter enacted, then this deed act as also the
promissory note made simultaneously herewith premises to pay said
Industrial Trust Company, or owner, its sum aforesaid with interest
as aforesaid at the times aforesaid, shall cease and be absolutely
void & null and voidless and purposeless whatever. But if default
shall be made in the payment of the said principal sum or said interest
at the times and in the manner declared above, or of the taxes or assessments
accrued as the same became payable, or of any of or either of them
or of any trust thereof, or if breach shall be made of the covenants
of insurance maintenance entered herein it shall be lawful for
said Industrial Trust Company, its successors or assigns, to
sell, transfer or in parcels, all and singular the premises hereby
granted, or intended to be granted, or any branch or part thereof,
and the benefit and equity of redemption of the said mortgage,
its successors and assigns therein, at public auction, and to list
on and become the purchaser at any such sale, and any other
purchaser shall be answerable for the application of the purchase
page 5
money, first giving notice of the time and place of sale, by publishing the
come it be listed once each week for three successive weeks, in some newspaper
published in said town of westerly, with power to adjourn such sale from time
to time; and such sale to be upon the premises or elsewhere as specified
in such notice; and in its or his own name or names or as the
attorney or attorneys of the said mortgagor, by that virtue of these presents
duly authorized and appointed with full power of substitution and
delegation to make, execute and deliver to the purchaser or purchasers
of such sale or sales, good and sufficient deed or deeds of sale or conveyances
in law suitable, and to receive the purchase moneys, and thereupon to
retain all sums hereby secured except whether then due or to fall due
thereafter, or the part thereof then remaining unpaid, and also the
interest due on the same, together with all expenses incurred in
to conduct sale or sales, and all costs fees and other expenses incurred
in, or in any way connected with the exercise of these powers, and all
taxes and assessments as aforesaid and all premiums for insurance,
either thereafter paid by said Industrial Trust Company, its successors
or assigns or then remaining unpaid, considering and paying
the residue of said purchase moneys, if any they be, over and
above the amounts so to be retained as aforesaid, together with a true
and particular account of such sale or sales, expenses and charges,
to the said mortgagor, its successors or assigns, which roll sale or sales
shall forever be a perpetual bar both in law and in equity against
the said mortgagor, its successors and assigns, and all persons
claiming said premises as old heir, grant or under it or any
part of it, then.
But the said mortgagor, for itself and for
its successors and assigns, hereby covenants with said Industrial
Trust Company, its successor and assigns, that it and they
will upon requisite requests execute such deed or deeds confirmatory of such
sale or sales as may be necessary or advisable.
And furthermore, the said mortgagor, for itself and for
its successors and assigns, hereby covenants with said Industrial
Trust Company, its successor and assigns, that insurance against
loss by fire shall be kept and maintained on the buildings on the
premises aforesaid in such office or offices as said Industrial
Trust Company, its successor and assigns will make appear of
a sum not less than one thousand dollars, and that all policies
of insurance upon said buildings shall be assigned and
transferred, or made payable in case of loss to said Industrial
Trust Company, its successor or assign as collateral security
hereto and in default thereof hereby agrees that said
Industrial Trust Company, its successor or assigns, may
effect such insurance either in its or their own name, or
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30
In the name of the mortgagor, its successors, or assigns, and that He
receives or premiums paid, their creditor shall be a further charge upon
said mailed monies secured by this present as aforesaid.
Signed, witnessed myself, and Crummut Quarry company was caused
it seal etc etc to be annexed subject and until present 50’s parcels.
in its said seal as witness hereof, Testimonium duly authenticated Puis
given at city of Providence RI Nov 17 1894
Signed and sealed and delivered
in presence of
[Signature]
[Signature]
Crummut Quarry company L.S.
Frank M. Sullivan President & Treas.
State of Rhode Island
Washington Co
Ss
On this Tuesday in said County on the 28th day of
November, 1894 before me personally appeared the above named
Frank M. Sullivan, President and Treasurer of said Crummut Quarry
company known to me and sworn by me to be the person referred
executing the foregoing instrument in the name and on behalf of
said Crummut Quarry company and acknowledged said instrument
by him to be executed to be his free and voluntary act and deed
individually and in his said capacity, and the free and
voluntary act and deed of said corporation.
[Signature]
[Signature] Public
Recorded for record Feb 20 1895 at 9.05 o'clock A.M.
and reported by George Le Comte Town Clerk
Industrial Trust Company, having received full payment and
satisfaction of the within mortgage, recorded in the recorder of Mortgages
R.I. in Real Estate Mortgage book November 15 Page 136 and recorded
in the records of Pawtucket, R.I. Book 11/31 Page 254 and recorded
in the records of Charlestown, R.I. in Book 10 Page 25 - does hereby
cancel and discharge the same.
In testimony whereof, said company has caused these presents to
be signed and its Corporate seal to be fastened affixed by the vice President
and Secretary thereof, duly authorized, this 2nd day of August AD 1924
Signed and sealed in presence of
H.T. Remington
Industrial Trust Company
Ward E Smith Vice Presdt
Harry La Owen Secretary L.S.
Recorded Aug 12 1924
by George Le Comte Town Clerk
The page as recorded
