The instrument's own words
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I Rogue E. Traines, of the Town of Westerly, county of Washington and
State of Rhode Island, hereinafter called the grantor, for consideration paid
grant to Harry P. Potter of westerly of aforesaid with warranty covenant
a certain tract or parcel of land situated and lying in the Town of
Westerly, county of Washington and State of Rhode Island, bounded
and described as follows to wit: It numbered one hundred and thirty seven (137) as measured on a certain plat or drawing entitled "a Plan
of Improvements covering beach, Westerly, R.I. Rough E. Traines, Inc.,
August 1944" by the rich. Colton 1944 & Smith Engrs, Providence, Rhode
Island, 1945" said plan or plat being on file in the Town clerk's office in said
town of westerly the said grantor does hereby grant and convey unto the grantee
the right to pass and repair to and from and from and to paid east or
tract on foot or otherwise, on and across those certain portions of
way or roads as shown on said plan or plat leading to the public
highway, and as will be the rights of way leading to the beach and also
the right of way leading from the said tract to the fresh water pond
and any other portions of held plat which might hereafter be designated
for public use the said right is held in perpetuity for himself his heirs and assigns,
hereby covenants and agrees that he and with the said grantor his heirs
and assigns, that the said grantee his heirs and assigns, will and
shall pay to Howard E. Throop, his heirs and assigns on or before
the first day of August in each and every year hereafter, the sum of five ($5)
dollars for the said hereby conveyed said sum to be expended and applied
by the said Howard E. Throop his heirs and assigns, in his and
their unrestricted discretion to the care and maintenance of the
roads and other portions that may be designated for public use;
and the said sum agreed to be paid as hereby made a lien and
charge upon the premises hereby conveyed and in case of the failure
to make any payment within one year after the same shall
become due and shall be lawful for the said Howard E. Throop, his
heirs 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 purchasee
at said sale this conveyance is made and accepted subject to the
following conditions and sub restrictions, namely:
1. In case of any contemplated sale of the said lot or parcel of
land or any part thereof Howard E. Throop his heirs & assigns,
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 Grantee, or
his heirs or assigns.
2. The above conveyed premises shall be used only as a site
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102 For one dwelling house on said lot but purely conveyd, which dwelling
home shall be erected on the premises in accordance with the building
line as drawn on said plot, and no portion of any building or
dwelling house (porch included) shall encroach the street or streets or
come front nearer than said building line, no marshall any building,
of any nature or kind whatsoever, approach the side lines of the lot
not less than five feet therefrom; no detached garage or other
building or outbuildings shall be erected thereon; said dwelling home
when erected on said lot shall cost when completed not less than
two thousand (2,000) dollars, all toilets, baths, kitchen or other drains
or sewers outlet shall be piped to a suitable cesspool to be constructed
and maintained on the above premises by the grantee, his heirs
and assigns, at his or their own cost and expense.
3. No division or line walls, hedges or fences shall be permitted,
nor trees of any kind, nor anything what so ever 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 etc vegetables are permitted.
4. No poultry, swine, cattle, noisy or vicious dogs or
cats or any other noisy or obnoxious animals or birds shall
be kept or permitted to be kept on said premises.
5. The said Howard E. Shopf, his heirs and assigns,
reserve the right to enter upon the above described and conveyed
premises to lay any pipe, inlet outlet or wires, or to repair the same,
always saving the premises in as good condition as before entered.
6. It is hereby further covenanted understood and agreed by
and between the parties hereto that all the aforesaid conditions,
covenants and agreements on the part of the said grantee, his heirs
and assigns, at his or their part to be kept and performed, shall
attach to and bind with the land hereby conveyed; it is further
agreed and made a part of the consideration of this sale and
premises that in case of any violation of the above conditions or
covenants on the part of said grantee or his heirs or assigns, that
the title and all said premises shall revert to Howard E. Shopf,
his heirs or assigns, and he or they may depress himself or
someone of the state hereby granted and all right title and interest
thereby conveyed shall be forfeited and cease and terminate.
7. I Samuel L. Trainer, sheriff of the county, release to the said grantee,
all my right of dower in the aforesaid premises,
witness my hand this 20th day of October A.D. 1927.
Howard E. Shopf
Roger E. Trainer LS
Florence L. Trainer LS
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State of Rhode Island
County of Washington
In Westerly, on this 20th day of October A.D. 1927, before me
personally appeared the above named parties, to me known from 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. Howard G. Thorp
Notary Public L.S.
Recorded for record Nov. 1st 1927 at 3-30 o'clock P.M.
and recorded by George G. Coons, Town Clerk
KNOW ALL MEN by these presents, that I Dillon La
Charboniere, of New Orleans, County of Orleans and State of Louisiana
hereinafter called the mortgagor in consideration of four
thousand dollars ($ 4,000) to me paid by Howard G. Thorp, of the town
of Westerly, county of Washington and State of Rhode Island hereinafter
called the mortgagee, the right title and interest in hereby acknowledged
do hereby grant, convey, bargain, sell and convey unto the said
mortgagee and his heirs and assigns forever, a certain tract
or parcel of land with buildings and improvements thereon, situated
and being in the town of Westerly, town county of Washington and
State of Rhode Island and known as Danvers and described as follows, to wit:
but numbered 7 as shown and delineated on a certain plan or
plat entitled "Plan of Improvements Central Beach, Westerly,
R.I., Thorp & Framer Inc., Engineers" dated the 11th of October 1925,
Rossi & Rossi Engineers, New York November 1st 1925" Said plan or
plat being on file in the Town Clerk's office in said town of Westerly
Town, being the same and intending to convey the same premises
conveyed to this mortgagor by Henry H. Polles by deed dated
September 20th 1927 and duly recorded on the Grand Evidence Records
of said Westerly, this mortgage is given and accepted subject
to all of the restrictions, conditions, covenants and privileges
as appeared in said deed from Henry H. Polles to this mortgagor
to have and hold, the aforesaid premises, together with all the
rights, privileges and appurtenances thereto belonging unto and
unto the said mortgagee, and his heirs and assigns forever,
and I, the said mortgagor, do hereby, for myself and for my
heirs, executors and administrators, covenant with the said
The page as recorded
