9/14/1962 · DEED · book 38 page 498 doc 7617@38/498

498 PARTIAL RELEASE OF MORTGAGE We, Benjamin C. Gavitt and Glenna B. Gavitt, husband and wife, both of the Town of Charlestown, County of Washington, State of Rhode Island, the holders of a mortgage made to them by Glenn F. Godden and Mildred L. Godden, husband and wife, both of the Town of Charlestown, County of Washington, State of Rhode Island, dated June 5, A. D. 1961, and recorded in the Town of Charlestown, Rhode Island, See Land Evidence Record Book of the Town of Charles- town, R. I., Book No. 37, at Page No. 618, for consideration paid, release to Glenn F. Godden and Mildred L. Godden all interest accrued under said mortgage in the following described portion of the mortgaged premises:-- That certain lot or piece of land located in the Town of Charlestown, County of Washington, State of Rhode Island, said parcel or part of land being out delineated as Lots Number Thirteen (13) and Fourteen (14) on that certain certified plan entitled "RECONSTRUCTION AREA Section A" dated the Town of Charlestown, R. I., and signed by Glenn F. Godden, Platted July, 1963, W. R. Easterbrook, Civil Engineer. Scale 1" = 60'". For a more ample and particular description of the premises herein described reference is here made to the survey map of that parcel of land which is recorded in the Town Clerk's Records of the Town of Charlestown, Rhode Island, in Plat Book No. 3, Page 64, to which said recorded plat reference is here made and made a part hereof. The release of the above-described premises shall not in any affect the rights of Benjamin C. Gavitt and Glenna B. Gavitt to hold under said mortgage and as security for the sum remaining due thereon, all the remainder of the premises therein conveyed and not hereby released. WITNESS our hands this 11th day of September A. D. 1962. BENJAMIN C. GAVITT GLENNA B. GAVITT STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Charlestown on the 14th day of September A. D. 1962 before me personally appeared Benjamin C. Gavitt and Glenna B. Gavitt, husband and wife, both to me known and known by me to be the parties executing the foregoing in- strument, and they be acknowledged said instrument, by them executed, to be their free act and deed. JAQUELINE M. PERRY (Notarial Seal) Notary Public My Commission expires June 30, 1966. Received for record September 14th, A. D. 1962 at 10:10 o'clock, a. m., and recorded [Signature] Town Clerk ---- 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 MICHAEL A. BATES and NANCY A. BATES, 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 piece of land together with the buildings and improvements thereon, situated and located in the Town of Charlestown, County of Washington and State of Rhode Island, and shown and delineated as Lots Number Thirteen (13) and Fourteen (14) on that certain certified plan entitled "RECONSTRUCTION AREA Section A" dated the Town of Charlestown, R. I. and signed by Glenn F. Godden, Platted July, 1963, W. R. Easterbrook, Civil Engineer, Scale 1" = 60'". But reserving nevertheless, to this grantor, to their successors, grantors and their heirs and assigns the right to install in the street and avenue, above on the surface and below the surface, in tubes or conduits, gas, oil and water mains, sewer and conduits for water and some sanitary purposes or for any facility deemed convenient or necessary by said grantor, and the right to maintain, repair, replace and improve said and adjacent properties. The grantors further reserve the right to assign the use of said easements to any person, firm or corporation for the purpose of furnishing any one or more of the amenities aforesaid. This conveyance is made SUBJECT to the following restrictions: 1. That only one private one-family residence and private garage and boat house shall be erected, plated, constructed or permitted upon any portion of said lot, provided, that this restriction shall not be construed to prevent the erection of one house party on one lot and partly on an adjoining lot, and provided that no part of any such building or structure shall be built on said lot nearer than 30 feet from the street front line, 10 feet from the side lines of adjoining property bounds; and 30 feet from any side street, rear street, and 10 feet from any rear property line.

499 2. That no garage or boathouse shall be used as a residence unless it costs the minimum cost of the residence to be residence for habitation so constructed on said lot; that no tents, temporary buildings, house or auto trailers, for sale signs, Quonset hut type buildings, building built in sections or as a complete unit elsewhere and moved on to the said lot or buildings constructed or erected from used or salvaged material except for the following: that the foundations shall be of concrete, and the exterior walls of all buildings shall be covered with materials other than tar, felt, sheet, sheet or roll paper or roof printing. Exceptions to any provision of this restriction may be made, provided that first written permission shall be given by these Grantors, their heirs or assigns. 3. That all toilets and drains and sinks on said lot shall be constructed so completely capsuls or septic tanks so placed as not to pollute or endanger any water supply, or so constructed, to pollute the waters of any stream or brook on the plot, nor one any outlets to toilets be erected, or maintained. 4. That said tract or any part thereof, shall not be used for any trade or business or commercial purpose or for any public purpose whatsoever, except that the Grantors, their heirs and assigns, expressly reserves the right for themselves, their heirs, assigns, successors and assigns, to use said tract for public or business purposes certain areas of said plat. 5. That no dwelling house, garage or such outbuildings as aforementioned shall be erected or constructed upon said lot until the plans, including plat showing proposed location of said dwelling house, garage and outbuildings, shall have been filed with and approved in writing by the Grantors, their heirs or assigns or their nominees this restriction shall run with the land. 6. That the Grantors, their heirs and assigns, shall have the right, if they see fit, to set out and keep clean of brush any lot or lots conveyed to any Grantees, appearing on said plat, until such time as the Grantee or Grantees improve said lot or lots so conveyed. 7. No livestock or poultry of any kind shall be permitted other than a dog or cat or usual household pet shall be kept or permitted to be kept or maintained on said lot. 8. Fences and hedges shall not be permitted on street sides of other lots without the permisison specific of these Grantors, their heirs or assigns. Fences and hedges shall, however, be permitted on other lots, said fences and hedges shall be maintained in a neat and tidy manner. 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 lot until the street or avenue on which said Lot borders shall have been accepted either as a Town or State Highway, street or road. 10. In case of a contemplated sale of any part of the aforesaid parcel of land or any part thereof, GLENN F. GODDEN and HILDRUD L. GODDEN, their heirs and assigns shall have 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 shall be in writing and shall specify the time within which to accept said offer, said acceptances to be in writing and mailed by registered mail to them before the expiration of said ten days, and said Grantors, their heirs and assigns, reserve the right to sell and convey said premises to any person for a price not less than the price specified in said offer; and this restriction shall expire July 1, 1965. The foregoing restrictions shall be deemed and considered covenants running with the land and said restrictions shall be binding upon the purchasers and their heirs, executors, administrator successors and assigns. The premises herein conveyed are subject to any other restrictions or easements which may as may appear of record. We, GLENN F. GODDEN and HILDRUD L. GODDEN, husband and wife, release to the Grantee all our right of courtesy and dower and all other interest in the aforesaid premises. WITNESSED our hands this 14th day of September 1962 GLENN F. GODDEN HILDRUD L. GODDEN (DOCUMENTARY STAMP $.10) STATE OF RHODE ISLAND } County of Washington } At Charlestown on the 14th day of September, 1962, before me personally appeared Glenn F. Godden and Hildrud L. Godden being husband and wife, both to me known and by me to be the parties executing the foregoing instrument, L. Godden acknowledged and acknowledged said instrument, by them executed, to be their free act and deed. JAQUELINE M. PERRY (Notarial Seal) Notary Public My Commission expires June 30, 1966. Received for record September 11th, A. D. 1962 at 10:11 o'clock, a. m., and recorded by [?] Town Clerk