The instrument's own words
Attribution under review. The portal's file number is shared by more than one instrument, and the words below could not be placed with certainty on this one by their own evidence (page stamp, parties, dates); they may belong to a neighbouring instrument. Read them as the record of the page, not yet as this deed's own.
page 1
325
Know all men by these presents, That Howard E. Thorp, of
the town of westerly, county of Washington and State of Rhode Island, hereinafter
called the grantor, in consideration of Ten Dollars current and other valuable consideration
paid by William S. Saper and Louis A. Burke, husband and wife as joint tenants
and buyers in common meaning the survivor, both of the city of
Providence, county of Providence, and commonwealth of massachusetts hereinafter
called the grantee, the said grantor is hereby acknowledged, does hereby grant,
grant bargain sell and convey unto the said Grantee and their heirs and assigns
forever a certain lot or parcel of land situate and being in the Town of Westerly, in
said county of Washington, bounded and described as follows, to wit: Lot
number one hundred twenty four (124) at shore and delineated on a certain plan
or plat related thereto Plan of beachfront coastal beach, charleston, R.I. Joshu
a Trannes, dra, signed left to the west, (Cotter, 1924) Roger and Laura
Burke, around fronted to 125' said land or plot of land being on file in the town clerks
office in said town of Westerly, the said Grantee their heirs and assigns shall
have the right to make and repair and to drive from and form to said lot or tract
on foot or steamer, vessel, or on and around there certain rights of way 6 roads as
shown on said land or plot of land in the public highway and are held the rights
of way leading to the beach and also the right of road leading from the road to the
fresh water lots and any other portions of said plot which hereafter he
designated for public use; the said Grantor for themselves their heirs and assigns
hereby covenant and agree to and with the said Grantee, their heirs and assigns,
that the said Grantee their heirs and assigns will and shall pay to the said
Grantor, their heirs and assigns on or before the first day of August in each year
henceforth, the sum of First (5) dollars for each lot hereby conveyed, said sum to be
preferred and applied by the said Grantor, their heirs and assigns, in her and their
uncontrolled discretion to the care maintenance of the roads and the other
portions that may be designated for public use; and the said Grantor agreed to
keep and hereby made clear of all charge upon his premises hereby conveyed,
and in case of the failure to make and payment within one year after the
same shall become due, it shall be lawful for the Grantee their heirs and assigns, to
sell and convey the premises by public auction, just giving notice of said
sale in one newspaper published in said county of Washington, at least once
each month for three successive weeks, and to become the purchaser or
purchasers at said sale.
To have and to hold the above described
premises, with all the rights privileges and appurtenances thereunto belonging,
unto and to the use of the said Grantee their heirs and assigns forever, subject
however to the following conditions and restrictions, namely:
That in case of a contemplated sale of said lot or parcel of land or any
part thereof, said Grantor their heirs or assigns shall be given thirty days notice
in writing and shall have the first option to purchase the same with the build-
ings and improvements thereon at the highest bona fide price in gold cash
made and actually paid to the said Grantee or their heirs or assigns.
page 2
326 The above conveyed premises shall be used only as a site for one
2. dwelling house or each lot hereby conveyed, which dwelling house shall be erected
on the premises in accordance with the building line as shown on said plat, and no
portion of any building or dwelling house (porch included) shall approach the
street or streets or roads front more than said building line, nor shall any building
of any nature or kind whatsoever approach the side lines of the lot or lots owner
thereof has thereon; no detached garage or other outbuilding or buildings shall
be erected until dwelling house erected on said lot or lots shall first when
complete not cost more than one (1,000) thousand dollars on lot numbered
134; all toilets, bath tubs or other drains or sewage outlet shall be subject to
a suitable cesspool to be constructed and maintained on the above premises
by the grantees, their heirs and assigns, at their or their own cost and expense.
3. No diversions or live walls, hedges or fences shall be permitted, nor
erect of any kind, and nothing (except the dwelling house) that shall in any
manner obstruct the view from any part of any existing property or any dwelling
place in this colony, town, village, place and state shall be permitted.
4. No poultry, swine, cattle, goats or dogs, sheep or cats or any
other noisy or offensive animals or birds shall be kept or permitted
to be kept on said premises.
5. The grantees, their heirs and assigns, reserve the right to enter
upon the above described and conveyed premises to lay any pipe or outlet or
inlets, or to repair the same, always leaving the premises in as good
condition as when entered.
6. It is hereby further covenanted, understood and agreed by and between
the parties hereto that all the aforesaid conditions, covenants and requirements
of the part of the said grantor, their heirs and assigns, on their or their part,
to be kept and performed, shall attach to and remain with the land hereby conveyed;
it is further agreed and made a part of the consideration of this sole and
purchase that in case of any violation of the above conditions or covenants on
the part of said grantor or their heirs or assigns that the title and fee to said
premises shall revert to the said grantor, his heirs or assigns and he or they
may, recover hereby or therefore of the state hereby executed and all right,
title and interest hereby conveyed shall be forfeit and clear and terminate.
The said grantor for himself, his heirs, executors and administrators covenants
with the said grantees their heirs and assigns, that he is lawfully seized in fee
simple of the said grants premises, that the same are free from all encumbrances,
except as aforesaid, that he has great right full power lawful and authority
to sell and convey the same in manner as aforesaid, that the paid grantees and
their heirs and assigns, shall by their premises at all times hereafter peaceably
and quietly have, hold and enjoy the said premises subject as aforesaid, and that he
the grantor will and his heirs, executors and administrator 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. And
page 3
327
for the consideration aforesaid, I, Hattie M. Throop, do hereby release all my right of dower
in and to the said granted premises unto the said grantees and their heirs and assigns
forever.
In witness whereof, we have hereunto set our hands and seals this 27th day of
July in the year of our Lord one thousand nine hundred and twenty six,
Signed, sealed and delivered in the presence of
R. E. Craniles Howard E. Throop L.S.
Hattie M. Throop L.S.
State of Rhode Island
County of Washington
On this 27th day of July, A.D. 1926, before me personally
appeared Howard E. Throop and Hattie M. Throop, to me 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 sealed.
Rogers E. Craniles L.S.
Notary Public
Received for record August 14, 1926 at 9:20 o'clock a.m.
and recorded by George W. Carter Town Clerk
To All Persons to whom these presents shall come, I, Howard E. Throop of
the town of Westerly, county of Washington and state of Rhode Island, in my
capacity of commissioner as hereinafter set forth Send Greeting;
Whereas, the Providence Superior Court sitting at and for the said county of
Washington did on the 27th day of July, A.D. 1926, enter a decree in a cause in
Equity then pending in said court between Bertha S. Green et al., and the
Complainants, bud Mayou, trustee of office, as the defendants (said cause
being Case No. 209) directing that partition of certain lands (tenements,
premises and properties) mentioned and described in the Bill of Complaint
in said cause, and hereinafter more particularly described be made by a
sale thereof at Public Auction, and did in and by said decree appoint
me, the said Howard E. Throop, as commissioner, to make sale of the several parcels
of real estate described in said Bill of Complaint, at Public Auction,
severally, and on the said several premises respectively described in said
Bill of Complaint, specifying that the second tract bounded and described
secondly under "A" in the sixth paragraph in said Bill of Complaint be
sold in the first tract bounded and described firstly under "A" in said
sixth paragraph, on the same day and immediately after the sale of
the said first tract and further to advertise said sale and sales
The page as recorded
