8/23/1962 · DEED · book 38 page 472 doc 7582@38/472

472 We, GLENN F. GODDEN and MILDRED L. GODDEN, husband and wife, both of the Town of Charlestown, County of Washington and State of Rhode Island, for consideration paid, grant to FREDERICK C. KINCH and EDNA R. KINCH, husband and wife of the town of Charlestown, County of Washington and State of Rhode Island as joint tenants and not as tenants in common, meaning each to the survivor, with WARRANTY CONVEYANCE that: Certain lot or parcel of land, together with the buildings and improvements thereon, situated and being located in the Town of Charlestown, County of Washington and State of Rhode Island, shown and delineated as follows: Beginning at a point in the westerly line of land of Harry F. Champlin, one hundred thirty-six and forty-four one-hundredths (136.44) feet northerly of the southerly corner of said land; thence running generally in a northern direction easterly, following the westerly line of said Champlin land, a distance of one hundred twenty-four and seventy-one one-hundredths (124.71) feet, at an interior angle of 86° 41' 39" westerly, running in a general westerly direction a distance of one hundred eighty-eight and seven seven-hundredths (188.07) feet, thence in a southern direction at an interior angle of 89° 51' 26" in a straight line a distance of one hundred eighty-one and sixty-two one-hundredths (181.62) feet to a stone pile and then in a southern direction at an interior angle of 90° 09' 31" a distance of one hundred fifteen and seven one-hundredths (115.07) feet, thence at an interior angle of 90° 56' running in a general southeasterly direction a distance of one hundred seventy-four and ninety-one one-hundredths (174.91) feet to a stone hole and line set in a stone; thence continuing in the same straight line a distance of one hundred one and three-tenths (101.3) feet, thence at an interior angle of 89° 51' 26" in a southern direction a distance of one hundred 60' 7" running in a same general direction a distance of one hundred seventy-seven and seventy-one one-hundredths (177.71) feet, thence at an interior angle of 90° 09' 31" to a boundary line between the land of Harry F. Champlin, one hundred thirty-nine and seventy-one one-hundredths (139.71) feet to the first mentioned point or place of beginning; the last described course being parallel to the boundary line of the land of Harry F. Champlin, northerly by the land of Glenn F. Godden, bounded by a private way street described in the deed to the grantors above mentioned or described. But reserving nevertheless, to the grantors their heirs and assigns the right to install in the streets and avenues shown, on said plat, the telephone and electric poles and lines conduits, etc. and one and other pipes, sewers and drains, for street and sanitary purposes or as the grantors may find necessary facility deemed convenient or necessary by said grantors for the service of the land hereby conveyed not to obstruct any of the aforesaid streets and avenues, the grantors further reserving to themselves the right to assign the use of said easements to any person, firm or corporation for the purpose of furnishing light or any one of the aforesaid facilities. This conveyance is subject S.C.D.U. to the following restrictions: 1. That only one private one-family residence and private garage and boat house shall be erected, closed, maintained or rented on said lot, provided, however, that this restriction shall not be construed to prevent the erection of a one story porch enclosing one part of the boat house and that such porch, lot and any provided paving shall not extend beyond the property lines, including porches, shall be built on no lot nearer than 30 feet from the Front street line 10 feet from the side lines of the said property lines, 20 feet from the rear property line, and 10 feet from any other rear property line. 2. That no garage or boat house shall be used as a residence unless it contains the usual costs of the residence, no garage or boat house be constructed on or maid lots that no ten, ten-cary buildings boat house or semi-auto trailers, for sale may be stored, any structure built in sections or as a complete unit placed on the lot, any structure of a temporary nature or constructed of a semi-completed or unpainted material (except that the outside walls be covered with new material). The roofs and exterior walls of all buildings shall be constructed of a durable material such as brick, stone, concrete, plaster or paper or equivalent. All exceptions to any provisions in this Clause No. 2, may be made, provided that first written permission shall be given by the grantors Their heirs or assigns. 3. That all toilets and sink drains on said lot shall be connected to a sewer or septic tanks not closed or vented as to pollute the ground water or surface or simply, nor to pollute the waters along the shore of this plat, nor can any outlet toilets be erected, or maintained. 4. That any lot or parcel transferred part, then shall not be used for any trade or business or commercial purpose or for any public utility, unless first written permission be given by the Grantors, their heirs and assigns, expressly reserving the rights for themselves, their heirs and assigns, to set apart for public or business purposes excessive parts of the above mentioned land. 5. That no dwelling house, garage, boat house or such outbuildings as authorized shall be erected or constructed upon said lot until plans, including plat showing proposed location of said dwelling house, garage and outbuildings, shall have been submitted to and approved in writing by the Grantors, their heirs or assigns, or their successors in line; this restriction is terminated to expire July 1, 1983. 6. That the Grantors, their heirs or assigns, shall have the right, if they so elect, to use and keep clear of brush any lot or lots remaining on said lot to graze Animals, appearing on said plat, until such time as the Grantors or Grantees shall have agreed otherwise. 7. No livestock or probably of any kind other than a dog or cat or usual household pet shall be kept or maintained on said premises. 8. Fences and hedges shall not be constructed on street sides of corner lots without the specific permission of the Grantors, their heirs or assigns. Fences and hedges shall however, be permitted on other lots, side fences and hedges shall not exceed the height of six (6) feet. 9. The Grantors, their heirs and assigns, reserve the right to collect from each lot owner the annual sum of Ten and 00/100 ($10.00) Dollars per annum, until the street shown on the plat and the lot borders shall have been paved and opened to the public, in the street of Rhode Island, highway which no collected sum will be spent on the upkeep of said street or avenue. 10. In case of a contracted sale of said lot or parcel of land or any part thereof GLENN F. GODDEN and MILDRED L. GODDEN, their heirs or 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 lowest price which the owner is willing to accept for the same, said notice to be mailed

472 registered mail offering to sell to them at a price specified in said offer, and they shall have 10 days from the date of mailing of the same written option within which to accept said offer, said acceptance to be in writing and mailed by registered mail to the offerer, and if they do not accept offer then the owner shall have the right to sell and convey said premises to any person for a price not less than the price in said offer, provided however that this restriction shall expire July 1, 1968. The foregoing restrictions are hereby deemed and considered covenants running with the land and said restrictions shall be binding upon the purchasers and their heirs, executors, administrators successors and assigns. The premises herein conveyed are subject to such Easements and ri-hts-of- way as may appear of record. We, GLENN F. GODDEN and MILDRED L. GODDEN, husband and wife, release to the Grantees all our right of curtesy and dower and all other interest in the aforementioned premises. WITNESS our hands this 21st day of August, 1962. GLENN F. GODDEN MILDRED L. GODDEN (DOCUMENTARY STAMPS, $2.20) STATE OF RHODE ISLAND } County of Washington } In Charlestown on the 21st day of August, 1962, before me personally appeared Glenn F. Godden and Mildred L. Godden, husband and wife, both to me known and known by me to be the parties executing the foregoing instrument, to be their free act and deed. and they acknowledged said instrument, by them, executed as their act and deed. JAQUELINE M. PERRY (Notarial Seal) Notary Public My Commission expires June 30, 1966 Received for record August 23rd, A. D. 1962 at 3:20 o'clock, p. m., and recorded by [Signature] Town Clerk ---- I, Harold C. Bailey of the Town of West Hartford in the State of Connecticut for consideration paid, grant to Louise Bailey Chandler of Clearwater, in the State of Florida with QUIT-CLAIM COVENANTS (Description, and Terms and conditions, if any) an undivided one-fourth interest in and to all land in the Town of Charlestown, Rhode Island inherited by me from the Estate of my parents, H. C. Bailey (my father) and G. Fordon Bailey (my mother) and by me and my three sisters the other heirs at law of which my share was said un- divided one-fourth, particularly described in the following warranty deeds to my mother as follows: Deed dated October 17, 1921 and recorded in Vol. 20 p. 24 Deed dated October 31, 1921 and recorded in Vol. 20 p. 16 Deed dated October 2, 1932 and recorded in Vol. 25 p. 281 and those parcels conveyed by warranty deed in my father's name as follows: Deed dated Sept. 22, 1924 and recorded in Vol. 20 p. 65 Deed dated Oct. 27, 1927 and recorded in Vol. 20 p. 261 together with all ri-hts thereby conveyed and subject to such restrictions as of record appear. I, Helen Avery Bailey wife of the grantor release to said grantee all my right of dower and all other interest in the aforementioned premises. This 13th day of Aug 1962. WITNESS our hands this 13th day of Aug 1962. HAROLD C. BAILEY HELEN A. BAILEY STATE OF CONNECTICUT COUNTY OF HARTFORD On this, the 13th day of August, 1962 before me personally appeared Helen Avery Bailey and Harold C. Bailey to me known and known by me to be the parties executing the foregoing instrument and acknowledged the instrument by them to be executed, to be their free act and deed. Since this is a gift, no documentary stamps are required [Signature] Harold C. Bailey STATE OF CONNECTICUT, ss. I, Raymond G. Calmon, Clerk of the Court of Superior and of the Superior Court of said Hartford County in said State, and for said County, which is a Court of Record, and keeper of the Seal thereof, DO HEREBY CERTIFY that Raymond S. Andrews whose office is at the time of taking said acknowledgment proof, or affidavit or administering such oath, duly commissioned and sworn, and residing at the town of West Hartford in the State of Connecticut is a Notary Public duly authorized to take or administer the same and was a Notary Public at the time of taking said acknowledgment proof, or affidavit or oath and that his commission is now in full force and effect and that he is duly authorized by the laws of this State to administer oaths for general pur- poses and take affidavits and the acknowledgment or proof of deeds to be recorded in this State; that I am well acquaint- ed with his handwriting and verify that the signature to the said acknowledgment, proof, or affidavit or oath is genuine; and that such certificate is not required by the law of said State to be under seal.