10/2/1961 · DEED · book 38 page 130 doc 7179@38/130

130 KNOW ALL MEN BY THESE PRESENTS, That we, NORMAN L. BEHNEKE and MARIE ROSE YVONNE BEHNEKE, his wife, both of the Town of Charlestown, County of Washington, State of Rhode Island, her-inafter called the Grantors, in consideration of the sum of Ten ($10.00) Dollars to be paid by RUSSELL HAROLD DOBELSTEIN and EMILY MILLICENT DOBELSTEIN, his wife, both of Trubridge, Town of Plainfield, County of State of Connecticut, 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, their heirs and assigns forever, in fee simple: That certain tract of land in Charlestown, Washington County, Rhode Island, designated as Lot No. Fifty-nine (59) on that plat entitled "Sea Len Colony in Charlestown and South Kingstown, R.I." Property of L. L. Dobelstein, showing the boundaries of the area of Sea Len Colony, surveyed and Platted 1933, 1934, 1936, 1937, 1938 " Leon L. Holland, Civil Engineer, Scale 1" = 80." 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 one-family residence and a private garage shall be erected, placed, main-tained or painted upon said lot, or any part thereof, and no part of any building, including the steps, porches and balconies, shall be erected within Thirty feet from the North and South side lines (five 5 feet) from the North and South side lines (five 5 feet) from the East rear lot line. 2. No garage shall be used as a residence unless it costs the minimum cost of the residence to be erected on said lot, and no tents and no auto trailers shall be erected, placed or maintained on said premises. 3. All toilet and sink drains on said lot shall be connected with cesspools or septic tanks, so as not to pollute or contaminate or endanger any drinking water supply, nor to pollute the waters along the shore of this plat. 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 the other grantees. Also, that certain strip of land in the Town of South Kingstown, Rhode Island, designated as Rock One Hundred Marked Sixty (160) on the above referred to Sea Len Colony Plat, which plat is recorded in the Records of Land Evidence in the Town of South Kingstown. This strip is conveyed 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 or through this lot of land from Sea Len Colony and nothing shall be maintained on said strip of land which will in any manner pollute the waters of the sound. (b) No part of said land shall be used for any trade or business or for any commercial or public purpose whatsoever. No permanent camps shall be erected, nor sleeping quarters or for a trailer or tent. These strips of land shall all be tents kept in most order and from any nuisances without exception. (c) The premises are conveyed exclusively for the use of the one [?] of the Grantees, who are the owners of Lot No. Fifty-nine (59) on the above described plat, access to Green Hill Road, including pathways through the other lots of the colony. The right of use thereof given to any one other person than a who is the lessee or tenant of any dwelling house that may be built on said Lot No. Fifty-nine (59). It is the intent of this restriction to prevent the use of this strip of land and of the pathways through the other lots by common users or other persons any other than the owner or legal occupants of the dwelling house on said Lot No. Fifty-nine (59). (d) Community privileges and paths, ways and rights of severance of Sea Len Colony adjacent to this strip of land are reserved exclusively for the owners of the lots in order to protect their quiet enjoyment and enjoyment of these privileges and use cannot be granted by owners of lots on Sea Len Colony to any other person or persons adjacent. (e) Said strip of land Lot No. One Hundred Marked Sixty (160) must be conveyed with Lot No. Fifty-nine (59) and cannot be sold separate and apart from it. Should any attempt be made by these Grantees, their heirs and assigns, to separate these two parcels of land, i.e., Lot No. One Hundred Marked Sixty (160) separately from Lot No. Fifty-nine (59), the fee simple title to said Lot No. One Hundred Marked Sixty (160) shall immediately revert to the original grantor, his heirs and assigns, and the possession thereof shall be taken up by said lot of land. 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 so do. TO HAVE AND TO HOLD the aforegranted premises, with all the privileges and appurtenances thereto belong-ing, unto 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 for our heirs, executors and administrators, covenant with the said Grantees, 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, their heirs and assigns, shall by these presents at all times hereafter peaceably and quietly have and enjoy the said granted premises, and that we, the said Grantors

will, and our heirs, executors and administrators shall, warrant and defend the same to the said Grantees, 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 MARIE ROSE YVONNE BEHNEKE, have hereunto set our hands this 27th day of September A. D. 1961. NORMAN L. BEHNEKE MARIE ROSE YVONNE BEHNEKE (DOCUMENTARY STAMPS, $1.10) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Wakefield, R. I., on the 27th day of September, 1961, before me personally appeared NORMAN L. BEHNEKE and MARIE ROSE YVONNE BEHNEKE, both to me known and known by me to be the persons executing the foregoing instrument, and they acknowledged said instrument, by them executed, to be their free act and deed. LEROY C. WHITFORD (Notarial Seal) Notary Public Received for record October 2nd, A. D. 1961 at 11:30 o'clock, a. m., and recorded by [Signature] Town Clerk ---- STATUTORY FORM WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS, That We, CHARLES W. LINK and RUTH W. LINK, husband and wife, of Charlestown, Rhode Island, for consideration paid, grant to OLIVE A. RANDALL, of Charlestown, Rhode Island, with WARRANTY COVENANTS: Those certain tracts of land, situated in the Town of Charlestown, County of Washington and State of Rhode Island, being shown and delineated as Lots Numbered Six (6), Seven (7) and Eight (8) on that plat entitled, "Fort Neck Plat", in the Town of Charlestown, R. I., Property of Sarah J. Browning, Platted March 1955, W. R. [?] Engineering, Wakefield, R. I., date, which plat is recorded in the Land Evidence Records of the Town of Charlestown, to which reference is hereby made and made. Being a portion of the same premises conveyed to the grantors by deed of Sarah J. Browning, dated September 15th, 1961 and recorded in Book 37, at page 654 of the Charlestown Land Evidence Records. This conveyance is made SUBJECT to restrictions to record, and TOGETHER with rights and privileges of record. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 22nd day of September, 1961. CHARLES W. LINK RUTH W. LINK (DOCUMENTARY STAMPS, $3.30) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly, on the 22nd day of September, 1961, before me personally appeared CHARLES W. LINK and RUTH W. LINK, to me known and known by me to be the persons executing the foregoing instrument, and they severally acknowledged said instrument, by them executed, to be their free act and deed. HAROLD B. SOLOWEITZIK Notary Public Received for record October 3rd, A. D. 1961 at 2:00 o'clock, p. m., and recorded by [Signature] Town Clerk