8/16/1962 · DEED · book 38 page 461 doc 7571@38/461

461 or proof of deeds to be recorded in this State; that I am well acquainted with his handwriting and verily believe that the signature of the said acknowledged instrument or proof, affidavit or oath is genuine; and that such certificate is not required by the law of said State to be under Seal. IN TESTIMONY WHEREOF, I have hereunto set my hand and Seal of the said Superior Court at Hartford, in said County, this 10th day of August A.D. 1962. RAYMOND C. CALNEN, Clerk (seal) By Joseph Keefe, Deputy Clerk Received for record August 16th A.D. 1962, at 9:00 o'clock, A.M., and recorded by [signature] Deputy Town Clerk ---- STATUTORY FORM OF WARRANTY DEED We, MARTIN W. DAVENPORT and ANNE F. DAVENPORT, husband and wife, both of West Hartford, County of Hartford, and State of Connecticut, as joint tenants, for consideration paid grant to MATTHEW C. WAGNER and ANITA F. WAGNER, both of Bristol, County of Hartford and State of Connecticut, as joint tenants and not tenants in common, meaning to convey, the surroundings, with WARRANTY CONVEYANCE. A certain tract of parcel of land situated and located at Quocunnect Central Beach, so called, and in the Town of Charlestown, County of Washington, State of Rhode Island, bounded and described as follows, to wit: Beginning at a point on the easterly line of Atlantic Avenue, so called, said point being the southeasterly corner of the parcel herein conveyed and the northeasterly corner of the land of Kenneth E. Boll et al; thence northerly along the easterly line of Atlantic Avenue fifty (50) feet to the northerly corner of other land being conveyed hereunto said point also being the southeasterly corner of other land being conveyed hereunto to writers Gerald G. Wilson; beginning northeasterly corner of the parcel herein conveyed thence turning a right angle and extending southeasterly ninety (90) feet to the boundary of the parcel herein conveyed thence turning a right angle and extending westerly one hundred ninety (190) feet to the point and place of beginning. Said parcel is bounded in part by land of Esther O. Teiler and in part by land of Jane E. Bordino et al, southerly by land of Kenneth E. Boll et al, and westerly by Atlantic Avenue. Knowing and intending to convey lot # 22 1/2 and the southerly one half of Lot #21 as shown and delineated on that certain plan or plat entitled "Site of Quocunnect Central Beach as amended January 1962, Courtesy of the Town of Charlestown" filed in bk 34, pg 441 of the Town's land records as Lot 22, fifty, 1964, bk 35, pg 441, Lot 21, 1/2. Said grantors, their heirs and assigns shall have and assign the right to hire boats and Penses and to rent and for said to grant land or trust for use of the same and to let the same and to lease certain rights of the way and roads as are shown on the above mentioned plan and plot or on that certain plan or plat entitled, "Quocunnect Central Beach, Dated October 1936" recorded in bk 20, pg 205 of the Town's land records and also the right of way and roads extending from the roads to the fresh water pond, and any other portions of said lands with right whether his reserved or not to rebuild the ways and roads and to let the same for themselves, their heirs and assigns and to agree and to wit with the said grantees, their grantors, their heirs and assigns, that the said grantees, their heirs and assigns, shall be successors and assigns on or before the first day of August in any each year hereafter of the sum seventy ($ 7) Dollars and fifty (50) cents per lot to be paid to the grantors, their heirs and assigns, and to the said grantors, their heirs and assigns, Quocunnect Central Beach Fire District, its successors and assigns, in its interest and its unrestricted right to determine the use of the said roads and ways and to let the same and to lease the same may be designated for public use, and the said sums agreed to be paid were hereby a mere lien and a charge upon the premises and shall be paid to the grantors or of any future successors and assigns of the grantors within one year after the same shall become due; it shall be lawful for the said Quocunnect Central Beach Fire District, its successors and assigns, to call and collect the sum and to publish the same in one newspaper published in said County three successive weeks, and to recover the sum of consideration or wages said lien and charge shall be and remain and survive subject to the following conditions and restrictions, namely: 1. In case of a contemplated sale of said lot or parcel of land or any part thereof, Howard E. Tilden and his heirs by blood, their heirs and assigns, shall be given ten days notice in writing and shall have the first option to purchase the same with the buildings and improvements thereon at the then high market price fixed by a certified appraiser offered to the said Howard E. Tilden, their heirs and assigns. 2. The above conveyed premises shall be used only as a site for one dwelling house on the land hereby conveyed, which dwelling house shall be erected on the premises in accordance with the building line as shown on said plat, and no section of any building or buildings or dwelling houses (including porch) shall extend on or extend beyond the building line as shown than said line, the building of any nature or kind whatsoever except driveways shall be said line of the land not leaner than five feet therefore no detached garage separate outdoor privy or septic tank shall be erected on said lot and any other buildings erected on said land shall cost when completed not less than one thousand dollars; all toilets, baths, kitchen or other drains or septic tanks shall be a portable septic tank or shall be constructed in a manner 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 in any way obstruct the view from any

part of the adjoining property or any dwelling house in this colony; shrubs, flowers, and flowers vegetables be submitted. 4. No poultry, swine, ovine, cattle, noisy or vicious dogs or cats or any other noisy or objectionable animals or birds shall be kept or permitted to be kept on said premises. 5. The said Quonsetogue Central Beach Fire District, its successors and assigns, reserve the right to enter upon the above described land and the above described premises to lay any pipe outlets or pipes, or to repair the same at any time, always leaving the premises in as good condition as when entered. 6. It is further convened, understood and agreed by and between the parties hereto that all the aforesaid conditions, covenants, and agreements on the part of the said grantee, grants their heirs and assigns, shall be and remain in full force and effect and shall run with and be annexed to the land hereby conveyed; it is further agreed and made a part of the consideration of this sale that the grantor, grants their heirs and assigns, any violation of the above mentioned conditions or covenants on the part of the said grantees, their heirs and assigns, that the title and the fee to said premises shall revert to said grantor. Thus endeth the Indenture. And I, Martin W. Davenport, their heir and assigns, for themselves or themselves or themselves of themselves of the estate hereby granted and, all right, title and interest hereby conveyed shall be extinguished and cease and terminate. Meaning and intending to convey a portion of the premises conveyed to these grantors by Lennon J. Bray and Lillian G. Bray by deed dated October 21, 1959 and duly recorded in the Land Evidence Records in the Town of Charlestown in Book No. 37 at Page No. 62-63. WITNESS our hands this 10th day of August, 1962. ANNE E. DAVENPORT ANNE F. DAVENPORT MARTIN W. DAVENPORT (Documentary stamps 3.70) STATE OF CONNECTICUT, COUNTY OF HARTFORD In Hartford on the 10th day of August, 1962, before me personally appeared Martin W. Davenport and Anne F. Davenport, 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. Katherine B. Bruce (Notarial seal) Notary Public My Commission Expires April 1, 1964 STATE OF CONNECTICUT, ) ) ss. Hartford County ) I, Raymond G. Calnen, Clerk of the County of Hartford and of the Superior Court of said State within and for said County, which is a Court of Record, and keeper of the Seal thereof, DO HEREBY CERTIFY that Katherine B. Bruce whose name is subscribed to the certificate or proof of acknowledgment, affidavit or oath on the annexed instrument was at the time of taking such acknowledgment, proof or affidavit or administering such oath, duly authorized to take or administer the sums and was a Notary Public within and for said State, dwelling in said County, duly appointed, commissioned, and sworn, and authorized by the laws of this State to administer oaths for general purposes and take affidavits and the acknowledgment or proof of deeds to be recorded in this State; that I am well acquainted with his handwriting and verily believe that the signature to the said acknowledgment or proof, affidavit or oath is genuine; and that such certificate is not required by the law of the said State to be under seal. IN TESTIMONY WHEREOF, I have hereunto set my hand and the Seal of said Superior Court at Hartford, in said County, this 10th day of August A.D. 1962. RAYMOND G. CALNEN, Clerk (seal) By Joseph Keefe, Deputy Clerk Received for record August 16th A.D. 1962, at 9:05 o'clock, A.M., and recorded by [Signature] Deputy Town Clerk