The instrument's own words
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Statutory Form of
WARRANTY DEED
I, SARAH J. BROWNING, of the Town of Charlestown, County of Washington and State of Rhode Island,
for consideration paid, grant to GEORGE L. SUBISKY and FLORENCE B. SUBISKY, husband and wife, both of
791 Oak Street, East Hartford, State of Connecticut, as JOINT Tenants and not as Tenants in Common, with
WARRANTY COVENANTS (Description and incumbrances, if any)
That certain real estate situated in the Town of Charlestown, County of Washington and State of
Rhode Island, described as follows:
beginning at a point marking the northwesterly corner of Lot #28 as shown and delineated on
that plat entitled, "Three Tracts of Land in the Town of Charlestown, Co. of Washington, to be conveyed
by Sarah J. Browning to Robert M. Esterbrook, C.E., dated 1962, R. Esterbrook, C.E.,
Engineer, Scale 1" = 100'", and filed in the office of the Town Clerk, said Town of Charles-
town; thence running southerly, bounded easterly on said Lot #28, a distance of 250 feet more
or less, to the Albany Street; thence running easterly, bounded northerly, bounded southerly on
Atlantic Ocean, a distance of 150 feet to a point; thence turning northerly and running northerly,
maintaining a distance of 150 feet from the Atlantic Ocean and parallel to the westerly boundary
line of said Lot #28, a distance of 250 feet more or less, to the northwesterly corner of the
property herein conveyed; thence turning westerly, bounded easterly, bounded southerly by
other land of this Grantor, a distance of 150 feet to the point and place of beginning.
Together with a right of way that may appear of record leading westerly from and by the fore
above described premises and the Town Highway, commonly known as East Beach Road.
I, SARAH J. BROWNING, covenant that I am a widow and have not remarried.
WITNESS my hand this 17th day of August 1962.
SARAH J. BROWNING
(Documentary stamps 1.10)
STATE OF RHODE ISLAND )
ss:
County of Washington )
In Charlestown on the 17th day of August, 1962 before me personally appeared Sarah J. Browning
to me known and known by me to be the party executing the foregoing instrument, and she acknowledged
said instrument by her executed to be her free act and deed.
LINTON L. BROWN,
Notary Public
Received for record August 17th A.D. 1962 at 11:00 o'clock, a.m., and recorded by
[Signature]
Deputy Town Clerk
----
STATUTORY FORM OF WARRANTY DEED
I, SARAH J. BROWNING, of the Town of Charlestown, County of Washington and State of Rhode Island, for
consideration paid, grant to MARGARET B. BETTS, of Guilford, County of New Haven, Connecticut, with WARRANTY
COVENANTS
That certain lot or parcel of land situated in the Town of Charlestown, County of Washington and State
of Rhode Island, bounded and described as follows:
Beginning at a point in the southwesterly line of King Tom Drive two hundred (200) feet north-
westerly of a crest hill in a concrete bound set as the northwesterly corner of Lot #24 as
shown on that plat entitled "Three Tracts of Land in the Town of Charlestown, R. I. Property of
Sarah J. Browning, Platted March, 1965, R. M. Esterbrook, Civil Engineer, and recorded
in the Land Evidence Records of the Town of Charlestown; thence running in a general
southeasterly direction, following the northeasterly line of Lot #24 as shown on said plat, a
distance of two hundred fifty (250) feet to a point; thence turning northerly, bounded easterly on
said Charlestown road thence running in a general northeasterly direction, following the shore
line of said Atlantic Ocean, a distance of two hundred fifty (250) feet, more or less, to a point
it intersects a line parallel and one hundred (100) feet distant from the northeasterly line of
said Lot #24 thence turning easterly, bounded northerly on said parallel line to a point
(100) feet distant from said northeasterly line of Lot #24, a distance of two hundred twentyfive(225)
feet, thence turning southerly, bounded easterly on said parallel line to a point on the shore
at interior angle of 90°, then running in a general southeasterly direction, following the south
westerly line of King Tom Drive, a distance of one hundred (100) feet to the first mentioned point
or place of beginning; thence turning northerly, maintaining an interior angle of 90° with the first
described course; bounded southeasterly by Lot #24 as shown on above referred to plat, southeasterly
by Newport Cove in Charlestown, bounded easterly by land of Sarah J. Browning and northeasterly
by King Tom Drive, or however otherwise bounded or described.
This conveyance is made subject to the following restrictions, viz:
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(1) Said premises shall be used only for residential purposes, and no other building or other structures than a detached single shall be erected, altered, planed, or permitted to remain thereon other than a detached single family dwelling house together with a connected or unconnected private garage for not more than two (2) cars.
(2) Not more than one dwelling house shall be built on any one lot, provided, however, that this restriction shall not be construed to prevent the construction of one house partly on one lot and partly on an adjoining lot, so provided that no more than one house be erect on the lot in the first instance.
(3) No building shall be located on any lot nearer to any street, whether it be a side street or main street, than twenty (20) feet, nor nearer than ten (10) feet from any line of any real property line, this to include, porch, plaza, pans, or any other projections of any building.
(4) That no such dwelling o-connected or unconnected garage or any other structure of any other substance shall be constructed on the lot until a complete and adequate plan including a full and adequate description of the materials to be used shall first have been submitted to the grantor or her assigns, and the grantor or her assigns shall have approved said plan. The purchaser or mortgagee of said premises with a structure thereon, at any time of such purchase shall not be required to determine that the plan for said building has been submitted to the grantor or her assigns for approval. The said rules must, however, be following on each set of plans to be submitted to the grantor herein or her nominee before any consideration can be given to the plans.
(a) Building foundations must be of solid masonry construction.
(b) Buildings constructed of wood must be maintained, stained, or shingled. However, in no instance will running siding be permitted. No structure shall an installation ashalt, brick, or any other installation materials be used for exterior walls on buildings.
(c) Buildings of concrete or cinder block construction shall have their exterior walls stuccoed.
(d) All plumbing pipes fitted with copper should be run either on thermal or rolled sheet roofing.
(e) Adequate sewage system must be shown on the plans and completed before occupancy of any building shall be allowed.
(5) No tent or portable trailer or other movable or portable structure shall be used or permitted on said premises, and furthermore, no lot shall be used or maintained as a dumping ground or storage for ground for any junk, rubbish, trash, waste, scrap metal, scrap lumber, and any other such materials, nor, however, shall the grantor have the right [?] she and or her nominees, shall be at cost, to and keep clean of brush and grass the land of the grantee until such time as the grantee improves property said as per first to the restrictions.
(6) Neither the premises nor any part thereof, nor any other building or other structure, shall at any time hereafter be used for manufacturing, industrial, mechanical, mercantile or any commercial purpose.
(7) No poultry or livestock of any kind other than a dog or cat or usual household pet shall be kept or maintained on said premises.
(8) Pick et fence and stone walls or shale permits shall be not exceed height of four (4) feet. Other type of fencing shall be prohibited.
(9) All sewage from buildings or elevators or other structures shall be treated and disposed of by the owners or occupants of the premises by installing and operating a septic tank or tanks or cesspool with maintained and sanitary condition; and further, should any such system not function properly so as to prevent the seepage or drainage of sewage or drainage beneath the ground, into Other Properties, or into any natural stream or body of water, such occurrence shall be deemed a breach of this covenant, and the party or parties responsible shall be immediately subject to the full provisions of this covenant.
(10) Invalidation of any one of these covenants and / or restrictions by judgment of court order shall not in any wise affect any of the other provisions which shall remain in full force and effect.
(11) The aforesaid restrictions are imposed for the benefit of the Grantor, her heirs and assigns, and of the other owners from time to time of the other lots in said plat, and of any that may own any lot now, or save by resort to legal process if such action becomes necessary.
(12) The aforesaid restrictions shall be deemed and construed as covenants running with the land and said premises and shall be binding upon the purchasers, and their heirs, executors, administrators, successors, and assigns. All the aforesaid restrictions shall expire on May 1, 1978.
(13) There is hereby granted as appurtenant to the lot herein conveyed the right to use in common with other lots owners on said plat a dock area at the shore of land not conveyed by said grantor, subject to reasonable rules and regulations of said grantor so that all such owners on said plat may have equal enjoyment of the same.
And I, Sarah J. Browning, covenant that I am a videant not recorded.
WITNESS my hand this 15th day of August, A. D. 1962.
SARAH J. BROWNING
(DOCUMENTARY STAMPS, $2.00)
STATE OF RHODE ISLAND }
}
County of Washington }
In Charlestown, on the 15th day of August, A. D. 1962, before me personally appeared SARAH J. BROWNING, to me known and known by me to be the party executing the foregoing instrument, and she acknowledged said instrument, by her executed, to be her free act and deed.
GLENN F. GOODEN (Notarial Seal)
Notary Public
My Commission expires June 30, 1966.
Received for record August 17th, A. D. 1962 at 2:50 o'clock, pm., and recorded by [?] Town Clerk
The page as recorded
