The instrument's own words
page 1
467
Know all men by these presents, That Howard & Troop, of
the town of North Kingstown, county of Washington, and state of Rhode Island,
hereinafter called the grantor, in consideration of the sum of $100 Dollars and other
natural considerations, paid by Milford R. Layfat of the village of Ashaway,
town of North Kingstown, county and state aforesaid hereinafter called the grantee,
the receipt whereof is hereby acknowledged doe hereby 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 lying
in the town of Charlestown, in said county of Washington, bounded and
described as follows to wit but not numbered nor indicated thereon (1/1) as shown
and delineated on a certain plan or plat entitled "Plan of Swennington
Lowland Beach, Charlestown, RI Plot Shop & Trainer has signed exactly
felt to the inch, October 1924, Beach and shores energy" said plan or
plat being on file in the Town Clerk's office in said town of Charlestown.
the said grantee her heirs and assigns shall have the right to pass
and egress to and from and from forth and to said lot or tract in foot or
otherwise, open or closed over and across certain existing ways or roads or
shown on said plan or plat leading to the public highway, and as with
the rights of waying starting from the beach and exits the west side of
said tract the road from the road to the fresh water marsh area and any other portions
of said plot portion which might be necessary as access for Public use; the
said grantee further agrees and assumes any and all liability concerning and
agrees to and with the said grantor as follows: that not any part of the
said property, nor any members and associates, will and shall pass to any
industry, nor used and employed, now or ever, for any other purpose the first three years of
each season respectively, the term of first 3 seasons for each season respectively,
said term is to be inherited and assigned and passed over the said grantor,
her heirs and assigns, in his and their whereas transferred succession
to the care and maintenance of the marsh and all other activities that
may be designated for Public use, and the said sums used to
be held in escrow account, made a lien and charge upon the premises
hereby conveyed, and in case of the failure to make said escrow payment
within one year after the date at which date escrow is due, it shall be
conveyed for the grantor, her heirs and assigns, to use and convey
the premises for Public use, with giving notice of such sale in
some newspapers published in said county of Washington, at
least once each week for three successive weeks until it became
the property of Purchaser and any other. I give and to
hold the aforementioned premises with all the rights, privileges and
appurtenances thereto belonging unto and to the said grantee,
her heirs and assigns forever subject however to the following conditions
and restrictions, namely:
1. In case of a contradictory sale of said lot or parcel of land.
page 2
468
or any part thereof said grant, its heirs or assigns, shall be given ten
years notice in writing and seal, have the first option to purchase the his
same with the vestings and improvements thereon at the highest bona fide
price in good faith made and acceptable agreed to the said grantor or her
heirs to assort him
2d. The said convex premises shall be used only as a site
for a dwelling house on each of the four corners thereof, which dwelling
shall be erected on the premises in accordance with the building
line as established on said plat and no portion of any building or dwelling
shall project beyond that line across the street or sewer front
and no other building on said lot may any building or dwelling
house be built in addition thereto than the one dwelling house for which
this lot was first intended and no other building or structure shall be erected on said
lot without the written consent of the grantor that they shall have one dwelling house
on said lot and nothing more all such water mains sewers or other drains
and pipes that may be at a distance across the lot connected
and used for said lot the said convex premises by the grantor her heirs
and assigns and their heirs in perpetuity
3d. Any structure or vine fence wall bulkhead or the same shall be permitted
to be built on the line between the subject lot and the adjoining lot
or it shall be assumed that the said fence wall or any part of any
building be built in a way that will interfere with any other building,
drain or any other structure etc. on the said lot
4th. No trees vines shrubs cellars or other structures signs or cats
fences shall be placed on the street line or will shall be built or kept
extending to neighbors lot or branches
5th. The grantors, our heirs and assigns, reserve the right to enter
into the above described and conveyed premises to lay bury pipes
streets or ways, or for therein the said purpose, always reserving the premises
in use as a reservation as written above.
6th. It is 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 her
heirs and assigns and their heirs on over s their right to be light and unloaded
as well attach to and use with the said property conveyed if it is further
agreed and made a part of the consideration of the sale called
it is agreed that in case any violation of the above conditions or
covenants on the part of said grantee her heirs or assigns occurs, that
the title and all rights to said premises shall revert to the said grantor,
her heirs and assigns and so they may appropriate immediately or
otherwise the said site remains granted and all right title
and interest therein ceased void and null and void and terminate
page 3
469
The said grantors for themselves their heirs executors and administrators covenants
with the said releasee: her heirs and assigns, that she is seized in
fee simple of the said granted premises that the same are free and clear from
encumbrances except as aforesaid, that she her good right full power and lawful
authority to sell and convey the same in manner as aforesaid that the said
grantee and her heirs and assigns shall be thus premises at all times
henceforth peacefully and quietly have and enjoy the said premises subject
as aforesaid, and that the said grantor and her heirs executors and
administrators shall warrant and defend the same to the said grantee versus
non est and against former powers against the lawful claims and demands
of all persons claiming the same, and for the consideration aforesaid:
Dated in Providence this 24th day of May 1870.
Stamps Executed in the presence of
R. E. Farnum
Howard E. Thorp SS.
Hattie M. Thorp LS.
State of Rhode Island
County of Providence
On this 24th day of May 1870, before me a notary public in and for said state personally appeared Howard E. Thorp and Hattie M. Thorp to me the personally known to me to be the persons executing the foregoing instrument and acknowledged said instrument to be their signed
to their free act and deed.
Roswell E. Farnum
Notary Public SS.
Received for record June 7 1870 at 95 cents
and recorded by the register of probate Tom Smith
COPY
The page as recorded
