The instrument's own words
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320
WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS, that we, Edith A. Bogue and Edna L. Bogue, both unmarried, of Upper Montclair, New Jersey, in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations to, us paid by Doris G. Patee, of 32 Bank Street, in the City and State of New York, the receipt whereof we do hereby acknowledge, do hereby give, grant, bargain, sell and convey unto said Doris G. Patee, her heirs and assigns forever those two tracts or parcels of land, with all the improvements thereon and appurtenances thereto, located at Quonocutaug, in the Town of Charlestown, County of Washington and State of Rhode Island, bounded and described as follows, to-wit--
FIRST TRACT-- Beginning at the southwest corner of said tract and at the southeast corner of cottage lot formerly owned by Amelia L. Bogue; thence running easterly along the sea shore twenty-five (25) feet to a pathway be reserved for foot passengers; thence running northeasterly over said pathway to a point twenty (20) feet east from said Amelia L. Bogue's northeast corner bound; thence westerly bounded northerly by a roadway twenty (20) feet to the northeast corner of said Bogue lot's; thence southerly bounded westerly by land of said Bogue to the point of starting or first-mentioned bound. Granting also to the grantee, her heirs and assigns a right of way to travel along the footpath on the east side of this lot to the roadway, thence along the roadway to the highway. Being the same premises which Albert S. Babcock conveyed to Amelia L. Bogue by deed dated June 26, 1896, and recorded in Book 13, page 223, of the Land Evidence Records of said Town of Charlestown.
SECOND TRACT-- Situated on "Quonocutaug Neck", so-called, and beginning at the southwest corner of the cottage lot herein described on the seashore and at the southeast corner of cottage lot formerly owned by Samuel N. Richmond; thence running northerly bounded westerly by land of said Richmond until it comes to the northeast corner of said Richmond lot at the new driveway, so called; thence easterly along the south side of said driveway twenty (20) feet; thence southerly in a straight line to a point on the seashore forty (40) feet east from said Richmond's southeast corner; thence westerly bounded southerly by the sea forty (40) feet to the first mentioned bound or starting place. Being the same premises which Albert S. Babcock conveyed to Amelia Lovell Bogue by deed dated February 3, 1896, and recorded in Book 13, page 219, of said Charlestown Land Evidence Records.
In conveying the two foregoing tracts of land to said Amelia Lovell Bogue, Albert S. Babcock, the grantor, reserved to himself all the sea-weed rights and privileges then belonging to him as the owner of the "Babcock Farm", so-called.
Amelia Lovell Bogue having died, she left the herein described premises to these grantors, Edith A. Bogue and Edna L. Bogue.
TO HAVE AND TO HOLD the said grant and bargained premises, with the privileges and appurtenances thereto, to her said Doris G. Patee, her heirs and assigns forever; and we, said Edith A. Bogue and Edna L. Bogue, for ourselves, our heirs, executors and administrators, do covenant with said Doris G. Patee, her heirs and assigns, that we are lawfully seized in fee of the premises, that they are free of all incumbrances, that we have good right to sell and convey the same to said grantee as aforesaid, that at the time of the signing and sealing of this instrument that we are single and unmarried, and that we will warrant and defend said premises to said grantee, her heirs and assigns, forever, against the lawful claims and demands of all persons.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 7th day of June, A.D. 1940.
EDITH A. BOGUE SEAL
EDNA L. BOGUE SEAL
( INTERNAL REVENUE STAMP, 50¢)
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STATE of NEW JERSEY
COUNTY OF ESSEX
In Montclair, in said County and State, on the 7th day of June, 1940, before me personally appeared Edith A. Bogue and Edna L. Bogue, both unmarried, to me known and known by me to be the parties who executed the foregoing instrument, and they acknowledged said instrument, by them executed, to be their own free act and deed.
LOUISA G. JOHNSON (Notarial Seal)
Notary Public of N. J.
Commission expires Mar 15, 1944
Received for record September 4th, A. D. 1940 at 9:15 o'clock, a.m., and recorded by
[Signature]
Town Clerk
----
I, ZAIDEE G. PAYNE, of the Town of Westerly, County of Washington, State of Rhode Island, hereinafter called the Grantor, for consideration paid, grant to GEORGE R. FELLOWS and EDITH LANE FELLOWS, both of the City of Norwich, County of New London and State of Connecticut, as joint tenants, remaining to the survivor, hereinafter called the Grantees, with WARRANTY COVENANTS.
A certain tract or parcel of land with dwellinghouse and other improvements thereon and including the furnishings therein, situated and being in the Town of Charlestown in the County of Washington, State of Rhode Island and bounded and described as follows, to wit:
Lot numbered One Hundred Ninety Ten (110) as shown and delineated on a certain plan or plat entitled, "Plan of Quonocutaug Central Beach, Charlestown, R. I., Thorp & Trainer, Inc., Agents 80 feet to the inch, October 1924, Rossi & Lewis, Engrs." Said plan or plat being on file in the Town Clerk's Office in said Town of Charlestown, said Grantees, their heirs and assigns shall have the right to pass and repass to and from and to said lot or tract or foot on other-wise, over, on and across those certain rights of way or roads as shown on said plan or plat leading to the beach and also the right of way leading from the road to the fresh water pond, and any other portions of said plat which might hereafter be designated for public use; the said Grantees, for themselves, their heirs and assigns, that the Grantor, their heirs and assigns, will shall and pay to Quonocutaug Central Beach Fire District, its successors and assigns, on or before the first day of August in each year hereafter the sum, of Five ($ 5) Dollars for each lot hereby conveyed; said sum to be expended and applied by the said Quonocutaug Central Beach Fire District, its successors and assigns, in its 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 premises 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 Quonocutaug Central Beach Fire District, its successors and assigns, to sell and convey the premises at Public Auction, first giving notice of such sale in some newspaper published in said County of Washington, at least once each week for three successive weeks, and to become the purchaser or purchasers at said sale.
The Grantees assumes and agrees to pay one third of the town taxes assessed June 15th, 1940.
TO HAVE AND HOLD, the aforementioned premises, with all the rights, privileges and appurtenances thereto belonging, unto and to the use of the said Grantees, their heirs and assigns forever; subject however to the following conditions and restrictions, namely:
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322
1. In case of a contemplated sale of said lot or parcel of land or any part thereof, said Quonocontaug Central Beach Fire District, its successors and 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 highest bona fide price in good faith made and actually offered to the said Grantees, their heirs and assigns.
2. The above conveyed premises shall be used only as a site for one dwellinghouse on each lot hereby conveyed, which dwelling- shall be erected on the premises in accordance with the building line as shown on said plat, and no portion of any building or dwellinghouse (porch included) shall approach the street or ocean front nearer than said building line, nor shall any building of any nature kind whatever approach the side lines of the lots or lots nearer than five feet therefrom no detached garage or other building or buildings shall be erected therefore dwelling house erected on said lot or lots shall not be completed not less than One Thousand Dollars on lot numbered one hundred ten (110) all toilets, baths, kitchen or other drains or sewage outlets shall be piped to a suitable cesspool to be constructed and maintained on the above premises by the Grantees, their heirs and assigns, at their own cost and expense.
3. No division or line walls, hedges or fences shall be permitted, nor trees of any kind, nor anything (except the dwelling house) that shall in any way obstruct the view from any part of any adjoining property or any dwelling place in this colony, shrubs, flowers and vegetables shall be permitted.
4. No poultry, swine, cattle, noisy or vicious dogs or cats or any other noisy and objectionable animals or birds shall be kept or permitted to be kept on said premises.
5. The Quonocontaug Central Beach Fire District, its successors and assigns, reserve the right to enter upon the above described and conveyed premises to lay new pipe outlets or pipes, or to repair the same, always leaving the premises in as good condition as when entered.
6. It is hereby further convenanted, understood and agreed and made by and between the parties hereto that all the aforesaid conditions, covenants and agreements on the part of the said Grantees, their heirs and assigns, on their part to be kept and performed, shall attach to and run with the land hereby conveyed; it is further agreed and made a part of the consideration of this sale and purchase that in case of violation of the above conditions or covenants on the part of the said Grantees, or their heirs or assigns, that the title and fee to said premises shall revert to the said Howard E. Thorp, his heirs or assigns and he or they may repossess himself or themselves of the estate hereby granted and all right, title and interest hereby conveyed shall be forfeited and cease and terminate.
The said Grantor for himself, her heirs, executors, and administrators, covenants with the said Grantees, their heirs and assigns, that the same is lawfully seized in fee simple of the said granted premises; that the same are free from all incumbrances, except as aforesaid, said that, has 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, subject aforesaid, that the said Grantor, and her 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 except as aforesaid.
Meaning and intending to convey the same premises conveyed to this grantor by my Grantor W. Burdick by deed dated July 8th, 1936 and recorded in the Land Evidence Records of said Town of Charlestown in Book 26 at Page 401.
I, Zaidee G. Payne, covenant that I am a widow.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 28th day of August in the year of our Lord One Thousand and Nine Hundred and Forty.
ZAIDEE G. PAINE (SEAL)
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STATE OF RHODE ISLAND
COUNTY OF WASHINGTON
On, Witnesseth, in the 28th day of August A. D., 1940, before me personally appeared
Zaidee G. Paine, to me known and known by me to be the parties executing the foregoing Instrument,
and she acknowledged said instrument, by her executed, to be her free act and deed.
(INTERNAL REVENUE STAMPS, $4.40)
NELSON H. THORP (Notarial Seal)
Notary Public
Received for record September 4th, A. D. 1940 at 4:40 o'clock, p. m., and recorded by
[signature]
Town Clerk
----
We, George R. Fellows and Edith Lane Fellows, both of the City of Norwich, County of
New London and State of Connecticut, as joint tenants, meaning to the survivor for consideration
paid, grant to Edith Amanda Fellows, of the City of Norwich, County of Norwich, New London and State of
Connecticut with MORTGAGE containing a mortgage for a sum of Two Thousand (2,000) Dollars in
Five years with interests at 5% per centum, per annum, payable quarterly-and annually as provided in
a certain negotiable promissory note of even date herewith
That certain real estate situated in Town of Charlestown, County of Washington in the State
of Rhode Island, and described as follows:
A certain tract or parcel of land with dwellinghouse and other improvements thereon
and including as the principal building thereon, located and situated at Quonocutcong Beach in
the Town of Charlestown, County of Washington, State of Rhode Island, being the same land
and delineated as lot #110 on a certain plan or plat entitled, "Plan of Quonocutcong Cen-
tral Beach, Charlestown, R.I." said plan being dated, October 10, 1935, and filed in the
October 1934, Rossi & Lewis, Engrs.' Said plan or plat being on file in the Town Clerk's
Office in said Town of Charlestown.
Whereas it is our intending to mortgage the same premises conveyed to our grantees by Zaidee
G. Payne by deed dated Aug. 28, 1940 and duly recorded in the Land Evidence Records of said
Town of Charlestown; together with all the rights privileges and benefits appertaining thereto
and the restrictions, reservations, covenants as expressed in said deed as is of record.
This mortgage is made upon the STATUTORY CONDITION and with the STATUTORY POWER OF SALE.
WITNESS our hands this 4th day of September 1940.
GEORGE R. FELLOWS (SEAL)
EDITH LANE FELLOWS (SEAL)
STATE OF RHODE ISLAND)
County of Washington )
In Charlestown on the 4th day of September, 1940 before me personally appeared Edith Lane
Fellows and George R. Fellows to me known and known by me to be the parties executing the fore-
going instrument, and they acknowledged said instrument, by them executed, to be their free act
and deed.
HOWARD E. THORP
Notary Public.
Received for record September 4th, A. D. 1940 at 4:45 o'clock p. m., and recorded by
[signature]
Town Clerk
KNOW ALL MEN BY THESE PRESENTS That I, Edith A. Fellows, a citizen
of the Town of Norwich in the County of New London and State of Connecticut, do hereby release
and discharge a certain mortgage from George R. Fellows and Edith L. Fellows, as joint tenants,
meaning to the survivor, both of said Town of Norwich to me Dated Sept 4, 1940 and recorded in
the records of the Town of Charlestown, County of Washington and State of Rhode Island in
Book 28 at page 263 to which reference may be had.
IN WITNESS WHEREOF, I have hereunto set my seal and hand this 19th day of Feb. A. D. 1947
Signed, sealed and delivered in presence of } EDITH A. FELLOWS (T. S.)
Mrs. Wm. Truelander }
Agnes M. Dougherty }
STATE OF CONNECTICUT,
County of New London, ss. Norwich, February 19 A. D. 1947. Personally appeared Edith A.
Fellows and signed and sealed of the foregoing instrument, and acknowledged the same to be her free
act and deed, before me
PETER LUKOFF (Notarial Seal)
Notary Public
My Commission expires April 1, 1952.
Received for record February 20th, A. D. 1947 at 9:00 o'clock, p. m., and recorded by
[signature]
Town Clerk
The page as recorded
