9/29/1908 · DEED · book 16 page 158 doc 6362

66 KNOW ALL MEN BY THESE PRESENTS, That Howard Z. Thorp, of the Town of Westerly, County of Washington, state of Rhode Island, hereinafter called the Grantor, in con- sideration of Ten (10) Dollars and other valuable considerations, paid by Harold B. Cong- don and Ethel P. Congdon, husband and wife, both of the City of Providence, County of Providence, State of Rhode Island, as joint tenants and not tenants in common, herein- after called the Grantees, the receipt whereof is hereby acknowledged, does hereby give, grant, bargain, sell and convey unto the said Grantees, and their heirs and assigns for- ever, a certain tract or parcel of land and situate being in the Town of Charlestown, in said County of Washington, bounded and described as follows: to wit: Beginning at the northeast corner of the premises hereby conveyed, at the south- east corner of lot No. 21 as shown and delineated on a certain plan or plat entitled, "Plat of Blockcutting Central Beach, Charlestown, Rhode Island, Thorp & Trainer, Inc., Agents, Scale 80 feet to the Inch, October, 1924, Rossi & Lewis, Engineers, Revised to September 10, 1929"; thence running southerly thirty-five feet, to an iron pipe driven in the ground at a point five (5) feet northerly from the northwest corner of lot No. 29 as shown on said plat; thence turning a right angle and running westerly five (5) feet to an iron pipe driven in the ground; thence running southerly in a straight line to the Atlantic Ocean, in a line parallel with and five (5) feet distant from the westerly boundary of lot No. 29 as shown on said plat; thence running westerly Seventy-five (75) feet; thence run- ning northerly through a drill hole in the concrete retaining wall in a line parallel with an eighty (80) feet distant from the westerly boundary line of lot No. 29 as shown on said plat, to a stone post set in the ground on the southerly boundary line of lot No. 31 as shown on said plat; thence running northeasterly eighty-seven (87) feet, or more, less or to the point and place of beginning. The said Grantees, their heirs and assigns, shall have the right to pass and repass to and from and to and from the said lot or tract on foot or other- wise, over and on and across those certain rights of way or roads as shown on said plan or plot leading to the public highway and as well the rights of way leading to the beach and themselves, their heirs and assigns, hereby covenant and agree to with the said Grantor, 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 of said plat which might hereafter be designated for Public Use; the said grantees, for their heirs and assigns, hereby covenant and agree to with the said Grantor, his heirs and assigns, that the said Grantees, their heirs and assigns, will and shall pay to the said Grantor, his heirs 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 Grantor, his heirs and assigns, in his and their uncontrolled discretion to the care and maintenance of the roads and other portions that may be designated for Public Uses, and the said sums agreed to be paid are 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, it shall be lawful for the Grantor, 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 purchas- ers at said sale. TO HAVE AND TO HOLD, the aforesaid premises, with all the rights, privileges and appurtenances thereunto belonging, unto and to the use of the said Grantees, their heirs and assigns forever; subject however to the following conditions and restrictions, namely: 1. In case of a contemplated sale of said lot or parcel of land or any part thereof, said Grantor, his heirs and assigns, shall be given ten days' notice in writing and shall have the first option to pur- chase the same with the building and improvements thereon at the highest bona fide price offered given that made and actually offered to the said Grantees or their heirs and assigns.

67 2. The above conveyed premises shall be used only, as a site for one dwelling house on 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 part of any building or dwelling house (porch included) shall approach the street or streets or prolongs thaner than said building line, nor shall any improvement of any nature whatsoever approach one side lines of the lot or lots nearer than five feet there from; no detached garage, or other outbuilding shall be erected on the street; the dwelling house erected on said lot or lots shall cost when com- pleted not less than $2,500.00 (Two Thousand Five Hundred dollars), all toilets, baths, kitchen or other drains or sewage outlets shall be so fitted as suitable materials to be constructed and maintained on the above premises by the Grantee, 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 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 dogs or cats or any other noisy oil or objectionable animals or birds shall be kept or permitted to be on said premises. 5. The Grantor, his heirs and assigns, reserve the right to enter upon the above described and conveyed premises to lay any pipe outlets or pipes, or to repair the same, and to keep the same in 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 agreements on the part of the Grantee, their heirs and assigns, on their part to keep and perform, shall attach to and run with the land hereby conveyed; it is further Covenanted and agreed as a part of the corporation of this sale and purchase that in case of any violation of the above con- ditions or covenants or agreements, by the Grantee or their heirs and assigns, that the title and fee to said premises shall revert to the said Grantor, his heirs or assigns, and the said Grantee, their successors heirs or assigns 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, his heirs, executors and administrators, covenants with the said Grantee, their heirs and assigns, that he is lawfully seized in fee simple of the said granted premises; that the same are free from all incumbrances, except as afore- said, that he has good right, full power, and lawful authority to sell and convey the same in manner as aforesaid, that the said Grantee and their heirs and assigns, shall be these premises at all times hereafter peacefully and quietly have and enjoy the said premises, sub- ject as aforesaid, and that the said Grantor will and his heirs, executors, and administra- tors shall warrant and defend the same to the said Grantee, their heirs and assigns, for- ever against the lawful claims and demands of all persons except as aforesaid. And for the consideration aforesaid, I, HATTIE M. THORP, do hereby release all my right of dower in and to the said granted premises unto the said Grantee, and their heirs and assigns forever. In WITNESS WHEREOF, we have hereunto set our hands and seals this 16th day of May in the year of our Lord one thousand nine hundred and thirty-five. HOWARD S. THORP HATTIE M. THORP In presence of: (INTERNAL REVENUE STAMP,$1.00) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly, on the 16th day of May, A. D. 1935, before me personally appeared Howard E. Thorp and Hattie M. Thorp, 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. LARY S. THORPS, Notary Public. Received for record May 21st, A. D. 1935 at 9:00 o'clock, a. m., and recorded by Town Clerk.