7/2/1928 · PARTIAL RELEASE · book 23 page 235 doc 8387

235 I, Mart L. Scheuster of Charlestown, Washington County, Rhode Island for consideration paid, amount to my wife Elsa A. Scheuster of said Charlestown, with quitclaim covenants, the undivided one half part of a certain tract of land situated in said Charlestown, and containing one acre more or less and bounded as follows: on the east and south by highway on the west and north by land of Edward L. Scheuster. Witness my hand this 30 day of June 1928. George Larose May S. Scheuster. State of Rhode Island County of Washington At Charlestown on the 30 day of June AD 1928 before me personally appeared the above named Grantor Mart L. Scheuster to me known and known by me to be the person executing the foregoing instrument and the acknowledged said instrument by him executed to be his act and deed. George Larose, Notary Public Received for record July 2, 1928 at 8:45 o'clock AM and recorded by George Larose Town Clerk KNOW ALL MEN by these presents, that I, Eleanor D. Baker of the City of Buffalo in the State of New York hereinafter called the grantor in consideration of ten dollars to me paid by Joseph Cornell of New York in the State of Rhode Island, hereinafter called the grantee, the receipt whereof is hereby acknowledged giving grant bargain sell and convey unto the said grantee and his heirs and assigns forever, That certain lot or parcel of land situate in the form of Narragansett in Rhode Island, said land and designated as lot No. 7 and delineated on that plat filed with Town Clerk Charlestown, forged signature Eleanor Sombornman Baker, Charlestown, Rhode Island, dated Sept 12th 1925, Thomas Vernon Civil Engr; Said lot is bounded North by lot No. 8 on the East by Depot Road, on the South by lot number 6 and on the West by the store a while, said premises are subject to the following restrictions, First Any dwelling house that may be erected on the granted premises shall be utilized, is a residence for a private family, that no outbuildings except those necessary for the convenient use and enjoyment of said dwelling house, and which shall be used exclusively for domestic purposes shall be erected thereon, it being expressly understood that a private garage may be erected

236 on said premises for use solely as a garage and not introduced to be used for domestic purposes; and provided further that no building on said premises shall be located nearer than ten feet to the lot line facing on any street, avenue or private road; Second that said premises or any part thereof or building thereon shall at no time be used for carrying on any mechanical or trade functioning business or business of any kind or any illegal purpose whatsoever, tho board fence to be erected on said lot shall be no less than six feet feet in height Third: It is understood and agreed that the above named, his heirs and assigns, shall build a cesspool and keep the same in proper sanitary condition at all times, and no outhouses shall be built or placed on said premises Fourth: That no swine, cows, poultry or other livestock animals shall be kept on said premises to have and to hold the aforementioned premises, with all the rights privileges and appurtenances thereunto belonging, unto said will of the whole said grantee, and his heirs and assigns, forever And I, the said grantor, do hereby, for myself and my successors, executors and administrators, covenant with the said grantee and his heirs and assigns that I own lawfully, said land in fee simple of the said granted premises, that the same are free from all incumbrances, that I have good right full power and lawful authority to sell and convey the same in manner above expressed, that the said grantee and his heirs and assigns shall be tenants at all times undisturbed peaceably and quietly hold and enjoy the said premises and that I, the said grantor shall, and my heirs executors and administrators, shall warrant and defend the same to the said grantee and his heirs and assigns against all and lawful claims and demands of all persons, And for the consideration aforesaid, I Howard Hamilton Baker husband of said Eleanor D. Baker, do hereby release all my right of dower in and to the said granted premises unto the said grantee and his heirs and assigns forever, In witness whereof, we have hereunto set our hands and seals this 15th day of June in the year of our Lord one thousand nine hundred and twenty seven, Executed in the presence of George Baker Eleanor D. Baker. L.S. Howard Hamilton Baker L.S. by Eleanor D. Baker Attorney in fact State of Rhode Island county of Providence In Eastlake on the 15th day of June A.D. 1927 before me one

buero formally appeared the above named grantor Eleanor S. Baker in her own right and Howard Hamelton Baker by his attorney Eleanor S. Baker to me known and known by me to be the parties executing the foregoing written instrument and acknowledged said instrument by them executed to be their free act and deed George L. Corwin, Notary Public, And we, Elmer E. Browning and Ellen M. Browning, mortgagees named in that mortgage by Eleanor S. Baker, dated January 10th 1927 and recorded in mortgage book 143 no. 24 at page 23 in South Kingstown, in consideration of $1.00 paid by said Eleanor S. Baker, do hereby release the above described premises from the operation of said mortgage. In witness whereof we have hereunto set our hands and seals this 28th day of June A.D. 1927 Test Witness George L. Corwin Elmer E. Browning LS Ellen M. Browning LS State of Rhode Island County of Washington On Charleston in the 28th day of June, AD, 1927 before me personally appeared the above named instrument Elmor E. Browning and Ellen M. Browning to one known and known by me to be the parties executing the foregoing instrument and acknowledged said instrument by them executed to be their free act and deed, George L. Corwin, Notary Public, Received for record July 2, 1927 at 4:45 p.m. Octen. and recorded by George L. Corwin, Town Clerk KNOW ALL MEN by these presents that I James M. Burdick (single) of the town of Charlestown in Washington County, State of Rhode Island for consideration paid in grant to Dennis G. Gradley and Sarah J. Gradley his wife husband and wife of the city of Hartford in Hartford county and state of Connecticut as joint tenants and not as tenants in common with warranty covenants a certain tract or parcel of land lying and being situated in the town of Charlestown, in Washington County and state of Rhode Island and located on the North side of Ocean Beach Road on the East Beach to wit:

referr to and from from and from and to said lot or tract on foot or otherwise, etc, on and across there certain rights of way, or roads or streets as shown on said plan or plat leading to the public highway, and as well the rights of way leading to the beach, and also the right of path leading from the road to the fresh water pond and any other portion of said plat which might hereafter be designated for public use; the said buyers for themselves, their heirs and assigns, hereby covenant and agree to aid, with the said grantor, his heirs and assigns, that the said buyers, their heirs and assigns, will and shall may to Howard E. Thorpe, of Westerly, Washington County, Rhode Island, his heirs and assigns on or before the first day of August in each year severally the sum of five dollars ($5.00) as part of hereby agreed, said sum will be expended and applied by the said Howard E. Thorpe, his heirs and assigns, in his and their uncontrolled discretion to the care and maintenance of the roads and other portions that may be designated for public use, and the said sums agreed to be paid are hereby made a lien and charge upon the business hereby conveyed, and in case of failure to make any payment within one year after the same shall become due, it shall be lawful for the said Howard E. Thorpe, his heirs and assigns to sell and convey the premises at auction without writing notice of such sale except some notice published in said county of Washington, or at least one week for three successive weeks, and it will become the burden of the purchasers at said sale. This conveyance is made and accepted subject to the following conditions and restrictions, namely: 1. In case of a condemnation of all or part of or house or land or any part thereof, Howard E. Thorpe or his heirs or assigns shall be given ten days notice in writing and shall have the first option to purchase the same with the building and improvements thereon at the value it is then in use hence is agreed fair, made and actually paid to the said parties their design or 2. The above conveyed premises shall be used may area site be used for dwelling house on the lot bearing conveyed, except that dwelling house shall be erect on the premises in accordance with the building laws at the town or said town, and no portion of any building or dwelling house (except that would extend off beyond the street limits or rear front never more than said building, etc, nor shall anything of any nature or thing whatever protrude through the side lines of the lot neither from the front nor back, moreover no garage or other outbuilding or building shall be erect without permission dwelling house erect on said lot shall contain not more than cottages more than one thousand (1000) square feet, all trails paths walkways or other means of access paths which shall be suited to a suitable crossing to be constructed and maintained on the shore premises by the owner, his heirs and assigns, at his own cost and expense. 3. No dimmer line walls fences hedges shall be permitted notices of any kind, other than anything (except the dwelling house) that shall in any way extend the rear from any part of any adjoining lot house or any dwelling place in the colony shrubs flowers and vegetables shall be permitted.

100 4. No horses, swine, cattle, sheep, goats or dogs or cats or any other mong or domesticated animals or birds shall be kept or permitted to be put on said premises. 5. The said Howard E. Throop, his heirs or assigns, reserve the right to enter upon the said described and conveyed premises to lay any pipe outlets or pipes as he sees fit the same, always leaving the premises in as good condition as when entered. 6. It is hereby further covenants understood and agreed by and between the parties hereto that all the several conditions covenants and agreements on the part of the said party named his heirs and assigns on their part to be kept and observed, which relate to and run with the land newly conveyed, if however expired and made a part of the consideration of this sale and purchase that in case of any violation of the above conditions or covenants on the part of said parties, their heirs or assigns, that the title and right to said premises shall revert to said Howard E. Throop, his heirs or assigns and in them they may repossess himself, themselves of the estate hereby granted and all right title and interest during owning shall be forfeited and void and terminate. In witness my hand this 11 day of April A.D. 1830. [Signature] E. Trainer [Signature] Hannah R. Trainer L.S. State of Rhode Island county of Providence In Providence on the 10th day of April A.D. 1830 before me personally appeared the person named Hannah to me known and proven to me to be the person speaking the foregoing instrument and the acknowledged and instrument on her behalf executed for her use and benefit [Signature] Eugene E. Trainer Notary Public L.S. Received for record April 22 1830 at 2:30 o'clock afternoon and recorded by George L. Farnum Town Clerk

100 4. No horses, swine, cattle, sheep, goats or dogs or cats or any other mong or domesticated animals or birds shall be kept or permitted to be put on said premises. 5. The said Howard E. Throop, his heirs or assigns, reserve the right to enter upon the said described and conveyed premises to lay any pipe outlets or pipes as he sees fit the same, always leaving the premises in as good condition as when entered. 6. It is hereby further covenants understood and agreed by and between the parties hereto that all the several conditions covenants and agreements on the part of the said party named his heirs and assigns on their part to be kept and observed, which relate to and run with the land newly conveyed, if however expired and made a part of the considerations of this sale and purchase that in case of any violation of the above conditions or covenants on the part of said parties, their heirs or assigns, that the title and right to said premises shall revert to said Howard E. Throop, his heirs or assigns and in them they may repossess himself, themselves of the estate hereby granted and all right title and interest during coming shall be forfeited and void and terminate. In witness my hand this 11 day of April A.D. 1830. [Signature] E. Trainer [Signature] Hannah R. Trainer L.S. State of Rhode Island county of Providence In Providence on the 10th day of April A.D. 1830 before me personally at hand the wood named Hannah to me known and known to me to be the person speaking the foregoing instrument and the acknowledged and instrument on her behalf executed for her act and deed [Signature] Eugene E. Trainer Notary Public L.S. Received for record April 22 1830 at 2:30 o'clock after noon and recorded by George L. Farnum Town Clerk [Large diagonal watermark: COPY]

100 4. No horses, swine, cattle, sheep, goats or dogs or cats or any other mong or domesticated animals or birds shall be kept or permitted to be put on said premises. 5. The said Howard E. Throop, his heirs or assigns, reserve the right to enter upon the said described and conveyed premises to lay any pipe outlets or pipes as he sees fit the same, always leaving the premises in as good condition as when entered. 6. It is hereby further covenants understood and agreed by and between the parties hereto that all the several conditions covenants and agreements on the part of the said party namely their heirs and assigns on their part to be kept and observed, which relate to and run with the land newly conveyed, if however expired and made a part of the consideration of this sale and purchase that in case of any violation of the above conditions or covenants on the part of said parties, their heirs or assigns, that the title and right to said premises shall revert to said Howard E. Throop, his heirs or assigns and in order they may repossess himself, themselves of the estate hereby granted and sell with state and without saying command shall be forfeited and void and terminate. In witness my hand this 11 day of April A.D. 1830. [Signature] E. Trainer [Signature] Hannah R. Trainer L.S. State of Rhode Island county of Providence In Providence on the 10th day of April A.D. 1830 before me personally appeared the person named Hannah to me known and known to me to be the person speaking the foregoing instrument and the acknowledged said instrument on her behalf’s to be her act and deed [Signature] Eugene E. Trainer Notary Public L.S. Received for record April 22, 1830 at 2:30 o'clock Aftern. and recorded by George L. Farnum Town Clerk [Large diagonal watermark: COPY]

100 4. No horses, swine, cattle, sheep or goats dogs & cats or any other mong or domesticated animals or birds shall be kept or permitted to be put on said premises. 5. The said Howard E. Throop, his heirs or assigns, reserve the right to enter upon the said described and conveyed premises to lay any pipe outlets or pipes as he sees fit the same, always leaving the premises in as good condition as when entered. 6. It is hereby further covenants understood and agreed by and between the parties hereto that all the several conditions covenants and agreements on the part of the said party named his heirs and assigns on their part to be kept and observed, which relate to and run with the land newly conveyed, if hereafter expired and made a part of the consideration of this sale and purchase that in case of any violation of the above conditions or covenants on the part of said parties, their heirs or assigns, that the title and right to said premises shall revert to said Howard E. Throop, his heirs or assigns and in order they may repossess himself, themselves of the estate hereby granted and sell with state and without saying command shall be forfeited and void and terminate. In witness my hand this 11 day of April A.D. 1830. [Signature] E. Trainer [Signature] Hannah R. Trainer L.S. State of Rhode Island county of Providence In Providence on the 10th day of April A.D. 1830 before me personally at hand the person named Hannah to me known and proven to me to be the person speaking the foregoing instrument and the acknowledged said instrument on her behalf’s to be her act and deed [Signature] Eugene E. Trainer Notary Public L.S. Received for record April 22, 1830 at 2:30 o'clock aftern. and recorded by George L. Farnum Town Clerk

100 4. No horses, swine, cattle, sheep, goats or dogs or cats or any other mong or domesticated animals or birds shall be kept or permitted to be put on said premises. 5. The said Howard E. Throop, his heirs or assigns, reserve the right to enter upon the said described and conveyed premises to lay any pipe outlets or pipes as he sees fit the same, always leaving the premises in as good condition as when entered. 6. It is hereby further covenants understood and agreed by and between the parties hereto that all the several conditions covenants and agreements on the part of the said party namely their heirs and assigns on their part to be kept and observed, which relate to and run with the land newly conveyed, if however expired and made a part of the consideration of this sale and purchase that in case of any violation of the above conditions or covenants on the part of said parties, their heirs or assigns, that the title and right to said premises shall revert to said Howard E. Throop, his heirs or assigns and in order they may repossess himself, themselves of the estate hereby granted and sell with state and without deriving consent shall be forfeited and void and terminate. In witness my hand this 11 day of April A.D. 1830. [Signature] E. Trainer [Signature] Hannah R. Trainer L.S. State of Rhode Island county of Providence In Providence on the 10th day of April A.D. 1830 before me personally at hand the wood named Hannah to me known and known to me to be the person speaking the foregoing instrument and the acknowledged and instrument on her behalf and caused done [Signature] Eugene E. Trainer Notary Public L.S. Received for record April 22, 1830 at 2:30 o'clock A.M. and recorded by George L. Farnum Town Clerk

100 4. No horses, swine, cattle, sheep, goats or dogs or cats or any other mong or domesticated animals or birds shall be kept or permitted to be put on said premises. 5. The said Howard E. Throop, his heirs or assigns, reserve the right to enter upon the said described and conveyed premises to lay any pipe outlets or tubes as he sees fit the same, always leaving the premises in as good condition as when entered. 6. It is hereby further covenants understood and agreed by and between the parties hereto that all the several conditions covenants and agreements on the part of the said party named his heirs and assigns on their part to be kept and observed, which relate to and run with the land newly conveyed, if however expired and made a part of the consideration of this sale and purchase that in case of any violation of the above conditions or covenants on the part of said parties, their heirs or assigns, that the title and right to said premises shall revert to said Howard E. Throop, his heirs or assigns and in them they may repossess himself, themselves of the estate hereby granted and all right title and interest during owning shall be forfeited and void and terminate. In witness my hand this 11 day of April A.D. 1830. [Signature] E. Trainer [Signature] Hannah R. Trainer L.S. State of Rhode Island county of Providence In Providence on the 10th day of April A.D. 1830 before me personally appeared the person named Hannah to me known and proven to me to be the person speaking the foregoing instrument and the acknowledged and instrument on her behalf executed for her use and benefit [Signature] Eugene E. Trainer Notary Public L.S. Received for record April 22 1830 at 2:30 o'clock afternoon and recorded by George L. Farnum Town Clerk

100 4. No horses, swine, cattle, sheep, goats or dogs or cats or any other mong or domesticated animals or birds shall be kept or permitted to be put on said premises. 5. The said Howard E. Throop, his heirs or assigns, reserve the right to enter upon the said described and conveyed premises to lay any pipe outlets or pipes as he sees fit the same, always leaving the premises in as good condition as when entered. 6. It is hereby further covenants understood and agreed by and between the parties hereto that all the several conditions covenants and agreements on the part of the said party named his heirs and assigns on their part to be kept and observed, which relate to and run with the land newly conveyed, if however expired and made a part of the consideration of this sale and purchase that in case of any violation of the above conditions or covenants on the part of said parties, their heirs or assigns, that the title and right to said premises shall revert to said Howard E. Throop, his heirs or assigns and in them they may repossess himself, themselves of the estate hereby granted and all right title and interest during owning shall be forfeited and void and terminate. In witness my hand this 11 day of April A.D. 1830. [Signature] E. Trainer [Signature] Hannah R. Trainer L.S. State of Rhode Island county of Providence In Providence on the 10th day of April A.D. 1830 before me personally at hand the person named Hannah to me known and known to me to be the person speaking the foregoing instrument and the acknowledged said instrument on her behalf’s to be her act and deed [Signature] Eugene E. Trainer Notary Public L.S. Received for record April 22, 1830 at 2:30 o'clock A.M. and recorded by George L. Farnum Town Clerk