3/3/1925 · DEED · book 21 page 419 doc 7868

Know all Men by these presents that Edward B. Thorns of the Town of westerly, county of Washington and state of Rhode Island, hereinafter called the Grantor, in consideration of ten (10) Dollars and other valuable consid- erations, paid by someone to receive, of the city of Providence, county of Providence and commonwealth of Massachusetts, hereinafter called the Grantee, the accept receipt whereof hereby acknowledged, does sell grant give grant bargain sell and convey unto the said Grantee and her heirs and assigns forever, a certain tract or parcel of land situate and being in the Town of Westerly, in said county of Washington, described and executed as follows: beginning at a stone boundary line (as shown on map) and running on a certain line of posts or fences called "Line of tenement" northwest, then north, then east, then south, then west and then south, then east back to the start, in the said October, 1927 Rose and beads bunga, "said land is a lot service in life in the town called office in said town of Providence in the said and been held and owned and that shall have the right to use and enjoy it and from and from and to said lot or site in Providence, etc., and further the Grantor agrees to set it so that it may be used as a road in part in first leading to the public highway and at some the right of way leading to the beach and that it shall be free from any building or fence and to the public road more and any other public or private rights maybe reserved to designated for Public use, the said Grantor, for herself, her heirs and assigns, hereby covenants and agrees to do and with the said premises, her heirs and assigns, that she and her heirs and assigns, will and shall by the said Grantee, her heirs and assigns, will before the first day of march next ensure warrant her, the sum of five (5) dollars each without warranty and shall be offered and satisfied upon the said Grantee, her heirs and assigns, to her and her undetermined succession to the care and maintenance of the roads and other provisions that may or may be needed for public use, and the said sum as and as if said road be privately made a charge upon the premises, hereby agreed, and in case of any failure to make any payment, without set off after the said whole become due, it shall be lawful for the Grantor, her heirs and assigns, to sell and convey the premises at public auction, first posting notice of such sale in some suitable place in said county of Washington, at such time and such place as it may be necessary next, subject to the premises as mentioned at said sale. To have and to hold the above described premises, with all the rights, privileges and appurtenances thereto belonging, unto and to the use of the Grantee, her heirs and assigns forever; subject however to the following conditions and restrictions, namely: 1. In case of a certain certificate called "sale of road" is produced.

420 and if he shall not do so, and nor his heirs or assigns, shall be in such a way’s void in writing and shall leave Me first option to purchase the same with the building and improvements thereon, at a fair value as shall be in good faith made and settled between the said trustee and the same his heirs or assigns, 2. That no part of any of the premises shall be used only as a site for any tavern and in such manner as shall cause the said dwelling house to be deserted or the inhabitants in accordance with the statutes of this state and it is said that no motion of any sort shall be made which would increase the value of any street's, alleys or vacant lots more than one hundred feet from the said dwelling house, nor shall there be any mine or quarry whatever on the said premises that is to wit, not nearer than five feet from the said dwelling house or any other building to the said dwelling house however located dwelling house erected on the said lot or the said court stone wall constructed that shall be more than five (5) feet from the said street not without 25 per cent water, section or other of its surface and that for the suitable comfort of the inhabitants who are interested in the above ground by the said trustee and his assigns and others as they may cost and expense, 3. That no smithy or any other nuisance or hazard caused by the use of metals, ores or any thing except the said dwelling house that shall in any way obstruct the view from any part of any adjoining property or any dwelling place in this colony, state, province and state shall be permitted, 4. No poultry swine, cattle, sheep or various dogs or cats or any other stray or objectionable animals or birds shall be kept or permitted to be kept on said premises, 5. The grantor, his heirs and assigns, reserve the right to enter upon the way described and conveyed premises to buy or sell rights to paths or poles, or to secure the bounds, always leaving the premises in as good condition as when entered. It is hereby further covenanted, understood and agreed by and between the parties that all the aforesaid conditions, covenants and uses to be and to be on the part of the said grantee, his heirs and assigns as a user in their heart to be kept and performed shall attach to and run with the land hereby conveyed, of it further agreed and made a part of the consideration of this sale and understand that in case of any violation of the above conditions or covenants on the part of said grantee, or her heirs or assigns, that the title and fee to said premises shall revert to the said grantor, his heirs and assigns, and he or they may repossess immediately themselves of the estate nearly granted and all right.

421 Title and quiet hereby conveyed shall be forfeited and cease and terminate, The said grantor for himself his heirs, executors and administrators, covenants with the said grantee his heirs and assigns that he is lawfully seised in fee simple of the said granted premises; that the same is free from all encumbrances, respite of dower, that he has good right, full power and authority to sell and convey the same. That he will warrant and defend the said premises and his heirs and assigns against all and every any person or persons at all times hereafter peaceably and quietly have and enjoy the said premises subject as aforesaid and that he has had authority to sell and his heirs, executors and administrators shall covenant and defend the same to the said grantee, his heirs and assigns forever, against the lawful claims of every person and he will bear all costs except as foregoing and in the consideration aforesaid is stated it is therefore, so hereby release all my right of tenure in and to the said premises forever with the said grant quit claim and now hence and above forever. In witness whereof we have hereunto set our hands and seals this 1st day of February in the year of our Lord one thousand seven hundred and twenty four. Executed in the presence of R. S. Francis Howard S. Finch ss Patrick Da Finch ss State of Rhode Island County of Narragansett The Secretary of the State of Rhode Island, 1724 before me governor admitted Howard S. Finch and Patrick Da Finch Shortly, to me known that they knew me to be the parties executing the foregoing written deed and acknowledged said instrument by them executed to be their act and deed. Bonus S. Turner John Libery ss Entered for record March 23, '24 at 3 o'clock a.m. and assessed my fee of six pence, To a clerk.