The instrument's own words
page 1 · read by Gemma vision
254
KNOW ALL MEN BY THESE PRESENTS, that we, NORMAN L. BEHNEKE and wife,
MARIE ROSE YVONNE BEHNEKE, 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 L. MILLER and ELIZABETH M. MILLER, his wife, both of Attle-
boro, Bristol County, Massachusetts, hereinafter called the Grantees, the receipt
whereof is hereby acknowledged, do hereby give, grant, bargain, sell and convey unto
the said Grantees, and their heirs and assigns forever in fee simple, as joint tenants
and not as tenants in common.
That certain tract or lot of land, with all buildings and improvements
thereupon situated, in the Town of Charlestown, Rhode Island, and laid out and delineated as Lot No. Eighteen (18) on
that plat entitled "New Plat of the neighborhood of Charlestown and South Kingstown, R. I., Property of M. R. Y. Behneke, Surveyed Robert L. Represent-
ing Tax Del. Co. recorded in the Town's Plat Book, Platted 1935, 1936, 1937,
1938 - Leon L. Holland, Civil Engineer, Scale 1" = 80'", which Plat
is recorded in the Records of the Land Evidence in said Town of Charlestown.
This conveyance is made subject to the following restrictions
binding upon the said Grantees, their heirs and assigns:
1. Only one private dwelling-house and private residence and a private garage
shall be erected, placed or maintained, or permitted upon said lot, and no other part
thereof, nor any part of any other building, including porches, shall
come nearer than five (5) feet from the north and south lines and
five (5) feet from the east line of said lot, and nearer than twenty (20)
feet from the east line also known as Third Street.
2. No garage shall be used as a residence unless it contains a minimum
cost of 500 square feet in the main part of said lot, and no tents and no
auto trailers shall be erected, placed or maintained on said premises.
3. All toilet and sink 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.
4. Said lot, or any part thereof, shall not be used for any trade
or business or company purpose, or for any public purpose what-
soever.
5. No house shall be erected, placed or maintained on said lot con-
structing less than Fifteen Hundred ($1,500.) Dollars without the written
consent of the Grantors.
And we, EDWARD EDGAR BURDICK and MARION GERTRUDE BURDICK, the mortgagees named
in that certain mortgage said from Marie R. Y. Behneke to said Edward Edgar Burdick
and Marion Gertrude Burdick, dated July 29, 1932, and recorded in the Records of Land
Evidence in said Charlestown, in Book 25, at Page 347, for consideration paid, release
to said Marie Rose Yvonne Behneke, all our right, title and interest as mortgagees
aforesaid, in and to the above described premises. Together with the full right, to
use the ways, streets and privileges as shown and delineated on said plat.
TO HAVE AND TO HOLD the aforegranted premises, with all the privileges and
appurtenances thereunto belonging, unto and to the use of the said Grantees, and their
heirs and assigns forever in fee simple, as joint tenants and not as tenants in common.
And we, the said Grantors, do hereby, for ourselves and for our heirs, exe-
cutors and administrators, covenant with the said Grantees and 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 and their heirs and assigns shall be 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 and their heirs forever against the lawful
claims and demands of all persons, excepting as aforesaid.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 12th day
of July in the year of our Lord one thousand nine hundred and forty.
Signed and sealed in presence of: NORMAN L. BEHNEKE (L.S.)
LINTON L. BROWN MARIE ROSE YVONNE BEHNEKE (L.S.)
as to all EDWARD EDGAR BURDICK (L.S.)
MARION GERTRUDE BURDICK (L.S.)
(INTERNAL REVENUE STAMPS, 50¢)
The page as recorded
