7/3/1964 · DEED · book 39 page 582 doc 8520@39/582

582 And we, the said GRANTORS, do hereby for ourselves and for our heirs, executors and administrators, covenant with the said GRANTEES, their heirs and assigns, that we are lawfully seized in fee simple of the said granted premises; that the same are free from all encumbrances excepting as aforesaid; that we have good right, full power and lawful authority to sell and convey the same in manner as aforesaid; that the said GRANTEES, their heirs and assigns, shall by these presents at all times hereafter peaceably and quietly have and enjoy the said premises, and that we, the said GRANTORS, will, and our heirs, executors and administrators shall, warrant and defend the same to the said GRANTEES, their heirs and assigns, forever against the lawful claims and demands of all persons excepting as aforesaid. IN WITNESS WHEREOF, we NORMAN L. BEHNEKE and MARIE ROSE YVONNE BEHNEKE, have hereunto set our hands this 1st day of July A. D. 1964. NORMAN L. BEHNEKE MARIE ROSE YVONNE BEHNEKE (DOCUMENTARY STAMPS, $2.20) STATE OF RHODE ISLAND COUNTY OF WASHTON In Charlestown on the 1st day of July, A.D. 1964, before me personally appeared NORMAN L. BEHNEKE and MARIE ROSE YVONNE BEHNEKE, both to me known and known by me to be the persons executing the foregoing instrument and they acknowledged said instrument, by them executed, to be their free act and deed. LINTON L. BROWN Notary Public Received for record July 2nd, A. D. 1964 at 10 o'clock, a. m., and recorded by [Signature] Town Clerk ---- KNOW ALL MEN BY THESE PRESENTS, That We, NORMAN L. BEHNEKE and MARIE ROSE YVONNE BEHNEKE, his wife, both of the Town of Charlestown, County of Washington, State of Rhode Island, hereinafter called the GRANTORS, in consideration of the sum of Ten (10) Dollars to us paid by FRANK J. PIGNATARO and wife, SUSIE PIGNATARO, of Pawcatuck, Connecticut, the receipt whereof is hereby acknowledged, do give, grant, bargain, sell, and convey unto the said GRANTEES, for joint tenants and not tenants in common, their heirs and assigns forever, in fee simple: That certain lot of land situated partly in the Town of Charlestown and partly in the Town of South Kingstown, State of Rhode Island, more or less, as described in Recorded Plat and Colony in Charlestown and South Kingstown, B. I., Property of M. R. L. Behneke, Numbered Lot reopened Area of the Sea Lau Cove, described as follows: Beginning at a stone bound, L. Bound, Eighty (80) feet from the mean low water line Sole 1° 30' West which is recorded in the Records of Land Evidence in the Town of South Kingstown and Charlestown, the south line of said lot being formed by extending the line a distance of twenty-five (25) feet, more or less, to a stone bound, then turning North 89° 30' East, and westerly line of said lot 120 in a northeasterly direction and in a straight line a distance of twenty-five (25) feet, more or less, to a stone bound, then turning South 0° 0' East, and the east line of said lot beginning easterly boundary of the lot 50 (fifty) feet on lot 120 northerly fifty (50) feet on the said mean high water line of Green Hill Pond and westerly easterly and northerly as on the said mean high water line of Green Hill Pond to the stone bound at the north end of the said above-described plat as M. R. L. Behneke, being a portion of the remaining parcel after a portion of said parcel was bear described in the said from its water edge and extending approximately one hundreded [?] feet. This conveyance is made subject to the following restrictions binding upon the said GRANTEES, their heirs and assigns: 1. Only one private one-family residence and a private garage shall be erected, placed, maintained or permitted upon said lot, or any part thereof, and no part of any building, including porches, shall come nearer than twenty (20) feet from Sea Lau Avenue, five (5) feet from the east line and ten (10) feet from the west line. 2. No garage shall be used as a residence unless it costs as much as the main residence of the residence to be erected on said lot, and no tanks and no pumps shall be erected, placed or maintained on said premises. 3. All toilets and zinc drains on said lot shall be connected with cesspools or septic tanks, so placed as not to pollute or endanger any drinking water supply, nor to pollute the waters along the shore of this plat.

583 4. Said lot, or any part thereof, shall not be used for any trade or business or commercial purposes or for any public purposes whatsoever. 5. No house shall be erected, placed or maintained on said lot costing less than Fifteen Hundred (1,500) Dollars without the written consent of these GRANTORS. 6. No pipes shall run from or through this lot to Green Hill Pond, and nothing shall be maintained on this lot which shall in any manner pollute the waters of the pond. 7. Said lot amounts to be leased, shared, rented or the use thereof given to anyone other than a person who is the lessee or occupant of any dwelling house that may be built thereon. It is the express intention of this restriction to prevent the use of said lot as a camp or recreation lot by owners on other lots please at [?] and by anyone other than the owner or legal occupants of the dwelling house on said lot. 8. Community privileges and paths, ways and streets of Sea Colony are reserved exclusively for residents of Sea Colony or their guests and no other person or persons shall have such privileges, and their use cannot be granted by owners of lots on Sea Colony to any owners on adjacent plats or to any other persons. TO HAVE AND TO HOLD the aforesaid premises, with all the privileges and appurtenances thereto belonging, unto and to the use of the said GRANTEES, as joint tenants and not as tenants in common, and their heirs and assigns forever in fee simple. And we, the said GRANTORS, do hereby for ourselves and our heirs, executors and administrators, covenant and declare, that we are lawfully seized in fee simple of the said granted premises; that the same are free from all encumbrances excepting as aforesaid; that we have good right, full power and lawful authority to sell and convey the same in manner as aforesaid; that the said GRANTEES, their heirs and assigns, shall quietly possess and enjoy the said premises peacefully and quietly and have and enjoy the said premises, and that we, the said GRANTEES from all times hereafter peacefully and quietly and have and enjoy the said premises, and that we, the said GRANTORS, will, and our heirs, executors and administrators shall, warrant and defend the same to the said GRANTEES, their heirs and assigns, forever against the lawful claims and demands of all persons excepting as aforesaid. IN WITNESS WHEREOF, We, NORMAN L. BEHNEKE and MARIE ROSE YVONNE BEHNEKE, have hereunto set our hands this 1st day of July A. D. 1964. NORMAN L. BEHNEKE MARIE ROSE YVONNE BEHNEKE (DOCUMENTARY STAMPS, $2.20) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Charlestown on the 1st day of July A. D. 1964, before me personally appeared NORMAN L. BEHNEKE and MARIE ROSE YVONNE BEHNEKE, both to known and me to be the persons executing the foregoing instrument and they acknowledged said instrument, by them executed, to be their free act and deed. LINTON L. BROWN Notary Public Received for record July 3rd, A. D. 1964 at 10:20 o'clock, a. m., and recorded by [Signature] Town Clerk ---- STATUTORY FORM TRUSTEES' DEED KNOW ALL MEN BY THESE PRESENTS, That we, Frank W. ARNOLD, of Charlestown, Rhode Island, and THOMAS L. ARNOLD, of Morrisville, Pennsylvania, as Successor Trustees of all the trusts created under the Fourth Clause of the Will of Frank W. Arnold, late of the City, County and State of New York, deceased, by the power conferred by said Will and by every other power so thereto enabling, for and in consideration of the sum of One Dollar ($1.00) and other valuable considerations, grant to LYNDON ARNOLD of 981 Highland Avenue, Pelham Manor, New York, a right of way over that certain forty (40) foot strip of land, situated at Grey's Point in the Town of Charlestown, County of Washington, State of Rhode Island, described in Plat entitled Exhibit W Plat of land of William F. Arnolds et als, Testing Cove, Charlestown, R. I., Scale 1 in. - 50 ft. September 2, 1960, H. A. Emerson, Civil Engineer, said right of way to be from and to the present road which runs to the main highway to the lot owned by the Grantee on said Grey's Point. Said right of way is granted for the purpose of travel to and from the premises of said grantees and for the purpose of servicing said premises with public utilitiesand is subject to the condition that said right