8/13/1964 · DEED · book 39 page 658 doc 8599@39/658

658 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 ROBERT E. BELL and VIRGINIA I. BELL, husband and wife of the Town of Narragansett, County of Providence 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 of 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 the Northeast corner of Lot No. 13bm that certain plat entitled "Chandler Park, Section Three" in the Town of Charlestown, S. l. Property of Glenn F. & Mildred L. Godden, Platted October, 1962, S. E. Westerbeken, Surveyor, said lot being a part of a larger lot more particularly described in the Charlestown Land Evidence Book 39, Page 73, hence proceeding in a northeasterly direction along the westerly boundary of Indian Trail road, no called, a distance of 51.11 feet; thence turning to the right an angle of 126° 15' and proceeding in a northeasterly direction along the boundary of Lot No. 13bm, a distance of 175.11 feet, thence turning at an interior angle of 81° 07' and proceeding in a Westerly direction a distance of 185.07 feet, more or less, thence turning to the right an angle of 126° 15' and proceeding in a southwesterly direction a distance of 175.07 feet, more or less, thence turning and proceeding further in a Southerly direction a distance of 115.07 feet, more or less, to the point of beginning. Being the same premises conveyed to the Grantors by a deed recorded in the Charlestown Land Evidence Book 39, Page 658, the said lot being bounded on the North by Lot No. 13bm, on the East by Indian Trail road, on the South by Lot No. 13bm, and on the West by the boundary of Lot No. 3, a distance of 185.07 feet to the point of beginning. The said lot is bounded on the North by Lot No. 13bm, on the East by Indian Trail road, on the South by Lot No. 13bm, and on the West by the boundary of Lot No. 3, a distance of 185.07 feet to the point of beginning. The said lot is bounded on the South by Lot No. 33, no called, however or otherwise the same may be bounded or described. But reserving nevertheless, to those grantors and their heirs and assigns the right to install in the streets and ways, a conduit for water, sewer, gas, electricity, telephone or similar or analogous purpose, and water mains, sewer and other conduits for storm water and sanitary purposes or for any facility deemed convenient or necessary by said grantors for the servicing of the above described lot and for any adjacent and appurtenant property. 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 aforesaid facilities. This conveyance is made SUBJECT to the following restrictions: 1. That privately owned one-family residences and private garages and house boats shall be erected, constructed, maintained or rented on said lot, provided however that this restriction shall not be construed to prevent the erection of one house party only on one lot and partly on an adjoining lot, provided and further provided that a minimum of 20 feet of space shall be left on said lot as a front yard, 10 feet from the street front line; 10 feet from the side lines of adjoining property; and 30 feet from any side street, rear street, and 10 feet from the rear boundary of their own property boundary line. 2. That no garage or boat house shall be erected or maintained on said lot unless the contents meet the conditions of the residence to be erected or maintained on said lot; that no tents, temporary buildings, house boats or trailers, for sale or storage, may be built upon the building lots; building heights of all structures on said lot shall not exceed 25 feet; that no building shall be erected or constructed or erected from use of salvaged material (except that the outside walls be covered with no material). The roofs of porches or eaves of all buildings shall be constructed of the same material as the other parts. One shed may be erected or roof paper or roofing, Exceptions to any of the provisions in this Clause No. 2, may be made, provided that first written permission be obtained from the Grantors, their heirs or assigns. 3. That toilets and outhouses and sinks drain on said lot shall be constructed with septic tanks so placed as not to pollute or endanger any drinking water supply, nor pollute the water along the shore of this plat, nor any one outage within the above described lot. 4. That said lot or any part thereof shall not be used for any trade or business or commercial purpose or for any purpose what purpose whatever, except that the Grantors, their heirs and assigns, expressly reserve the rights for themselves, their heirs and assigns, to set apart for private bull purpose or business purposes areas within the above described lot. 5. That no dwelling house, garage or such outbuildings as aforesaid shall be erected or constructed upon said lot until plans, including platmaps showing proposed location of said dwelling house, garage and outbuildings, shall have been submitted to and approved by the Grantors, their heirs or assigns, or assignees their nominees; this restriction shall expire July 1, 1965. 6. That the Grantors, their heirs and assigns, shall have the right, if they so elect, to cut and clear each bunch of lot not yet built upon and to clear the underbrush and brushing on said plat, until such time as the grantees or grantees their nominees said lot or lots are conveyed. 7. No livestock or poultry of any breed other than a dog or cat or usual household pet shall be kept or permitted to be kept or maintained on said premises. 8. Fences and hedges shall not be permitted on a lot unless side or corner lots without the specific permission of the Grantors, their heirs or assigns; and that 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 a sum equal to the annual tax on roof and facility of the "Charlestown Water and Sewer District" placed on which lot said heirs shall have accepted either a Town or State of Rhode Island highway, which money shall be collected per year on the upkeep of said street or avenue. 10. That a conveyance of a considerable sale of lots or parcel of land or any part thereof shall GIVEN GLENN F. GODDEN and MILDRED L. GODDEN, their heirs and assigns shall be given ten days notice in writing and shall have the first option to purchase said lot or lots at the same price as the offer received by the Grantors, provided that the owner makes a claim of accepting for the same, and the said notice to be mailed registered mail offering to sell them at a price specified in said offer, and they shall have ten days from the date of mailing of the notice with which to accept the offer. If the offer is not accepted or if the notice is not mailed by registered mail to the offeror, and if they do not accept said offer then the owner shall have the right to sell and convey said lot or lots to any other person at 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 purchasers and their heirs, executors, administrators successors and assigns. The premises herein conveyed are subject to such Easements and rights-of-way as may appear of record.

659 WE, GLENN F. GODDEN and MILDRED L. GODDEN, husband and wife, release: to the Grantee allour right of curtesy and dower and all other interest in the aforesaid premises. WITNESS our hand this 10th day of August, 1964. GLENN F. GODDEN MILDRED L. GODDEN STATE OF RHODE ISLAND ) COUNTY OF WASHINGTON ) In Charlestown on the 10th day of August, 1964, before me personally appeared Glenn F. Godden and Mildred L. Godden, husband and wife, both to me and known by me to be the parties executing the foregoing instrument, and they acknowledged said instrument, by them executed, to be their free act and deed. (DOCUMENT STAMPS: $2.20) RUPUS K. PROSSER Notary Public (Notarial Seal) Received for record August 13th A. D. 1964 at 1:15 o'clock p.m., and recorded by [Signature] Deputy Town Clerk ---- KNOW ALL MEN BY THESE PRESENTS: That TOCKMOWTEN COVE ASSOCIATES, INC., a corporation established under the laws of the State of Rhode Island (hereinafter called the mortgagor) in consideration of THIRTEEN THOUSAND SEVEN HUNDRED (13,700) Dollars to it paid by the PROVIDENCE INSTITUTION FOR SAVINGS, a Corporation legally incorporated, and established and transacting business in the City of Providence in the State of Rhode Island, the receipt whereof is acknowledged, hereby grants, bar- gain, sell and convey unto the said PROVIDENCE INSTITUTION FOR SAVINGS, its Successors and Assigns, forever, That lot of land with the buildings and improvements thereon situated, in the Town of Charlestown in the State of Rhode Island, on the southeside of Tockmowten Cove Road, laid out and delineated as Lot No. 35 (a triangular lot) as shown on a plat map filed with the Providence Institution for Savings, dated October 11, 1963, by Howard S. Riley & Oliver A. Johnson. Compiled from Plat H. A. Emerson, C. E. which plat is recorded in the Records of the Town of Charlestown in said Town of Charlestown. Said lot bounded southeasterly on Tockmowten Cove Road one hundred (100) feet and holding that width extends southeasterly on straight angle therefrom one hundred fifteen (115) feet and bounds south southeasterly on Lot No. 34 (triangular lot) one hundred twenty-three (123) feet to boundary on Lot No. 36, and southeasterly on Lot No. 34 (thirty four) point six ( .6) feet. Subject to restrictions set forth in deed from Henry M. Kone and wife to John Walen, dated April 11, 1955 and recorded in said town in book 37 page 17; restrictions set forth in deed from Howard S. Riley et al to mortgagor, this dated July 23, 1964, and recorded in said Records on July 23, 1964, and to that certain easement hereinabove granted to South County Public Service Company recorded in the Records of the Town of Charlestown in said Book 23 at page 136. including all the buildings and improvements now or hereafter constructed thereon, together with all appurtenances including now and hereafter attached thereto or located thereon, including fixtures and equipment used for plumbing, heating and blower lighting operations, hereby assigning to said PROVIDENCE INSTITUTION FOR SAVINGS, its successors and assigns, all rents and dues by tenure to be due in the future or from the occupants of said premises or any part thereof under any system of office or future leasing or tenure, and constituting and appointing it or them the attorney or attorneys of the mortgagors to sue for and collect the same at any time and from time to time when a default exists herein. TO HAVE AND TO HOLD the aforesaid premises, with their appurtenances unto, and for the use of and the said PROVIDENCE INSTITUTION FOR SAVINGS, its Successors and Assigns, forever. And it the said mortgagor does hereby, for itself, and for its successors convent and in fee simple of the said PROVIDENCE INSTITUTION FOR SAVINGS, its Successors and Assigns, that it is lawfully seized and that it has good right, full power and authority to sell and convey the same in the manner and as aforesaid that the said PROVIDENCE INSTITUTION FOR SAVINGS, its Successors and Assigns, shall and may quietly and peaceably and without molestation, enter personally and enjoy the said premises, and that it the said mortgagor and all its successors, shall warrant, defend and assure the same to the said PROVIDENCE INSTITUTION FOR SAVINGS, its Successors and Assigns, against the lawful claims and demands of all persons, except as aforesaid, and will also pay the money, taxes, assessments, water taxes and other expenses hereby secured as hereinbefore provided; Provided that if the said mortgagor, or its successors or assigns, shall untimely say PROVIDENCE INSTITUTION FOR SAVINGS, its Successors or assigns, the sum of Thirteen Thousand Seven Hundred (13,700) Dollars with interest thereon at six per cent per annum, in the manner and at the place specified in the mortgage, the said mortgagor, thereon and interest on overdue rentals, to accordance PROVIDENCE INSTITUTION FOR SAVINGS, at its banking house in Providence, Rhode Island, and shall also pay all taxes, assessments, water rates and charges of and for the premises and the buildings thereon, and the said mortgagor, its successors and assigns, and PROVIDENCE INSTITUTION FOR SAVINGS, its Successors or Assigns, in respect of this mortgage or mortgage debts debit, whether under statutes now in force or that may be hereafter enacted, the said mortgagor, its successors and assigns, shall be entitled to redeem the said premises thereupon demand upon, and shall perform all other covenants and conditions contained herein, then this deed as also said promissory note shall become and be absolutely void to all intents and purposes whatsoever.