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454 STATUTORY FORM OF WARRANTY DEED
We, JOHN P. HURTADO and ANNIE K. HURTADO, husband and wife, both of the Town of Charlestown, County of Washington and State of Rhode Island, formerly of the City of East Providence, hereinafter called the grantors,
for consideration paid, grant to OLIVER S. WILBUR and BEATRICE C. WILBUR, husband and wife, both of Brooklyn, County of Kings and State of Connecticut, as Joint Tenants and not as tenants in common, meaning to the survivors, hereinafter called the grantees with WARRANTY COVENANTS,
That certain tract of parcel of land situated and being in the Town of Charlestown, County of Washington and State of Rhode Island, numbered and described as follows, to wit:
Lot #86 as shown and delineated on a certain plan or plat entitled, "Plan of Concomutcong Central Beach, Charlestown, Rhode Island, Showing Tourny & Brainard, Tract No. 1", dated October 1934, said Lot #86 being 50 feet to the East, 100 feet to the West, 100 feet to the North, and 100 feet to the South, said plan and plot being on file in the Town Clerk's Office of said Town of Charlestown, said grantees, their heirs and assigns shall have a full, right and easy access to said lot #86 by the use of a 10 foot wide way, in fee simple, on foot or on vehicles, on and across those certain rights of way or roads as shown on said plan or plat leading to the public highway and as a way of access to said lot #86 and such other as the right of way is now used, and access to the road from the water road and, any other portions of said plat which might be hereinafter developed and used as a way of access to said lot #86, and the grantors do hereby covenant and agree to and with the said grantees, their heirs and assigns, that the said grantees, their heirs and assigns shall have the free use of said way, as specified by the said plan, and further covenant and agree to and with the said grantees, their heirs and assigns, that on or before the first day of August in each year hereinafter the sum of Five ($ 5) Dollars shall be paid to the Concomutcong Central Beach Fire District, operated by the said Tourny & Brainard, and the said sum agreed to be paid by the said grantees, their heirs and assigns to Concomutcong Central Beach Fire District, its successors and assigns, in its and their uncontrolled discretion further covenant and agree that the said sum shall be used for any purpose as may be designated for the benefit of the corp and the said sum agreed to be paid by said grantees made here and always upon the premises hereby conveyed, and in case of failure to make any payment, the said Fire District, its successors and assigns, may enter upon said premises and take possession thereof until some such arrears are paid, and the said grantees shall further covenant and agree to the Concomutcong Central Beach Fire District, its successors and assigns to sell and convey the premises at the Public Auction, first giving notice of such sale by posting one (1) sign on said premises and by publishing one (1) notice in a newspaper of the area for three (3) consecutive weeks, and to cause the purchase to be processed at said Public Auction. This conveyance is made and accepted subject to the following restrictions:
1. In case of a contemplated sale of said lot or parcel of land or any part thereof, Howard E. Tourny, his heirs and assigns, shall be given ten (10) days notice in writing subsequent and shall have the first option to purchase the same with the sum of Five Hundred ($ 500) Dollars or the highest bona fide offer made in writing, made fully and authentically accepted to the said Grantees, their heirs or 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 situated in the center of said lot accordance with the building line as shown on said plan and plat no more than one (1) story of any building or dwellings or dwelling houses (porch included) of any nature or any other drains or sewers outlets streets or oceans front must be situated so that the building line of any nature or any other drains or sewers outlets streets or oceans front shall be side lines of the grantor then five feet therefore no detached garage outer building or outbuildings shall be erected (as provided then) dwelling house shall be situated in the center of said lot accordance with the building line provided, bath, kitchen or other drains or sewers outlets shall be piped to a suitable cesspool to be constructed on said lot assigns on their heirs and assigns shall be responsible for the construction of the same at their own cost and expense.
3. No division or dime cabin, bulky houses or fences shall be permitted, nor tree of any twin, nor any shrub, species of (except the dwelling house) that shall in any way obstruct the view from any part of any adjoining property or any dwelling house in this Colony. Shrubs, flowers and vegetables shall be permitted.
4. No poultry, swine, cattle, noisy or vicious dogs or cats or other noisy or objectionable animals or birds shall be kept or permitted to be kept on said premises.
la. The said Concomutcong Central Beach Fire District, its successors and assigns, reserve the right to enter upon the above described and conveyed premises to lay any pipe culverts or pipes, or to repair same, always giving reasonable notice to the owner or occupant of said premises.
6. It is hereby further covenanted, understood, and agreed by and between all the parties hereby that all the aforesaid conditions, covenants and agreements on the part of the said Grantees, their heirs and assigns shall run with the land and be appurtenant thereto and in any way binding on said Grantees, their heirs hereby conveyed; It is further agreed and made a part of the consideration of this sale and purchase that if any act of violation of any of the aforesaid rules or covenants on the part of the said Grantees, their heirs and assigns, and that the title and in fee simple shall revert to said Howard E. Tourny, his heirs and assigns, or he and they may reenter said premises whereby the aforesaid title and interest hereby conveyed shall be forfeited and cease and terminate.
Meaning and intending to convey the same premises as conveyed to the same grantors by Arthur E. Anderson by deed dated December 22, 1950 and duly recorded in the Land Evidence Records of said Town of Charlestown in Book 32, at Page 418, At length.
WITNESS our hands this 6th day of August 1962.
JOHN P. HURTADO
ANNIE K. HURTADO
Documentary stamps 83.30)
STATE OF RHODE ISLAND
COUNTY OF WASHINGTON
In Charlestown on the 6th day of August, 1962, before me personally appeared JOHN P. HURTADO and ANNIE K. HURTADO 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.
NELSON H. THORP
Notary Public (Notarial seal)
Received for record August 15th A.D. 1962, at 9:05 o'clock A.M. and recorded by her
[Signature]
Deputy Town Clerk
The page as recorded
