3/12/1925 · DEED · book 21 page 431 doc 7874

Know all men by these presents, that Howard & Joseph 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 considerations, paid by Ella Franklin Morris of the City of New York, County and State of New York, hereinafter called the grantee, the receipt whereof is hereby acknowledged, does hereby give, grant, bargain sell and convey with all the rights thereunto appertaining and assort powers, a certain tract or parcel of land situate and being in the Town of Westerly, in said County of Washington, bounded and described as follows, to wit: that portion thirty (30) feet from and between as denoted on a certain plan or plat entitled "Plan of Commoning, located beach, East coastline, RI," though James Lane, Esqt, eighty feet to the north, October, 1871, Rossi and Lewis Long, said plan or plat being on file in the Town Clerks office in said Town filed by William the said grantor, her heirs and assigns, shall have the right to use and traverse to and from and from due to said lot either in boat or steamer, river, on canal lease from certain right of way or roads et storm - said plan or plat leading to the public highway, and as well the right of way, leading to the beach and sea and the use of any waterway forming part of the salt water ponds and river which portions of said lot which might hereafter be used also for public use: the said grantee, for herself, her heirs and assigns, hereby covenants and agrees to use and unto the said grantor, his heirs and assigns, that the said water her heirs and assigns will use and cause the said grantor his heirs and assigns will on or before the first day of August in each year of here appointed, the sum of Five (5) Dollars to be collected hereby imposed, said sum to be appraised and applied to the said grantors his heirs and assigns, in aid and their unrestricted subscription 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 monthly made a loan and charge upon the premises hereby conveyed, and in case of the failure to make any payment monthly or yearly after the same the same shall become null and void and forfeit 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 consecutive weeks, and to become the purchaser at said sale. To have and to hold, the aforementioned premises, with all the rights, privileges and appurtenances thereto belonging, unto the said grantee, her heirs and assigns forever, subject however to the following conditions and restrictions, namely, In the case of a contemplated sale of said lot or parcel of land, or any part thereof, said grantee, his heirs or assigns, shall be given ten days notice in writing and shall have

432 The first person to purchase the same with the building and improvements thereon or the highest bona fide price in good faith made and actually tendered to the president or her heirs or assigns. 2. The wood covered premises shall be used only, as a site for residential house on each lot barely covered, of which dwelling house shall be erected in the premises in accordance with the building lines as they are on said plat and no portion of any building or dwelling house which included shall project over the street or street or ocean or water than paid building line nor shall any building or structure or fence whatever approach the side lines of the lot closer than ten feet from therefrom note detached garage or other outbuildings or utilities shall be erected thereof dwelling house expected provided that it shall cost when completed not less than three $3,000 Thousand Dollars or as numbered 30, all toilets, kitchens or other drains or sewage outlets shall be piped to a suitable cesspool to be constructed and maintained on the above premises by the grantee her heirs and assignees at her 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 (except the dwelling home) that shall in any way extend beyond the line from any part extending property or any dwelling house in this colony shrubs flowers and vegetables shall be permitted 4. No noisy, smelly, cattle or mossy or vicious dogs or cats come other noisy or objectionable animals or birds shall be kept or permitted to be kept on said premises. 5. The vendor, his heirs and assigns reserve the right to enter on the wood described and conveyed premises to inspect the utilities or fixtures or 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 as the aforementioned restrictive covenants and conditions are on the part of the said grantor, her heirs and assigns or on their part to be the right and privilege which attach to and run with the land hereby conveyed if it further agreed and made a part of the consideration of this deed and indenture that in any case of any violation of the above conditions or covenants on the part of paying cause or her heirs & assigns to him that the title and right to said premises shall revert to the said grantor, her heirs or assigns and the or they may assume owners or trustees of the estate hereby conveyed shall act without title and indeed hereby conveyed shall be forfeited void cease and terminate the said

433 grantor for himself, his heirs, executors and administrators covenants with the said grantee, for his heirs and assigns, that he is seized in fee simple of the said granted premises; that the same are free from all encumbrances, except as aforesaid, that he has good right, full power and lawful authority to sell and convey the same; that the grantee in remainder is lawfully that the said grantee, his heirs and assigns shall have these premises forever however encumbered and quietly have and enjoy the said premises, subject as aforesaid, and that the said grantor will and his heirs, executors and administrators shall warrant and defend the same to the said grantee, his heirs and assigns as aforesaid, against the lawful claims and demands of all persons whomsoever aforesaid. And for the consideration aforesaid, I, Matthew, Throop does hereby release all my right of tenure in and to the said granted premises unto the said grantee, his heirs and assigns forever. In witness whereof we have set our hands and seals this 18 day of March in the year of our Lord one thousand nine hundred and twenty five. Executed in the presence of R. E. Rainey Thomas B. Throop L.S. Hattie M. Throop L.S. State of Rhode Island, County of Providence, On this certainly, on the 18 day of March A.D. 1925 before me personally appeared Edwin B. Throop and Hattie M. Throop, to me known and proven to me to be the parties executing the foregoing instrument and acknowledged said instrument by them declared to be their free act and deed. Robert E. Rainey Notary Public L.S. Received for record March 12, 1925 at 9 o'clock A.M. and recorded by George S. Crosby Town Clerk Know All Men by these presents That I, Rhode Island, A. Thomson, of the City and County of Providence and State of Rhode Island, in consideration of the sum of one dollar ($1.00) to me paid byバランス R. Williams and Carrie G. Williams, his wife of the Town, New London of Hartford and State of Connecticut, the receipt whereof is hereby acknowledged to be hereby remise, release, and forever quitclaim unto the said Balance R. Williams and Carrie G. Williams