The instrument's own words
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Know all men by these presents That Edward E. Thorp
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 Roger E. Gardner of Westerly aforesaid
hereinafter called the Grantee whose name is hereby acknowledged,
does hereby give, grant bargain, sell and convey unto the said Grantee
and his heirs and assigns alright presses, a certain lot or parcel of land
situate and being in the Town of Westerly in said county of Washington
bounded and described as follows to wit not numbered or enumerated
hereby known as a certain piece or plot
hereby known as a certain piece or plot
written "Plan of Improvements surrounding Central Beach, Westerly, R.I. by
Francis J. Graves, duly certified by the town clerk, October 19th 1935 and
Dennis Engin," said plan or plot being on file in the Town clerks
office in said town; the said Grantee, his heirs and
designs, shall have the right to pass and repair to and from and
through and to said lot or plot together with others options, over and across
those certain rights of way or roads on said plan or plot
leading to the public highway and as well the right of way leading
to the beach and also the right of way leading from the road to the ocean
water road and any other options of said plot which henceforth
be designated for public use; the said Grantor for himself his heirs and
assigns, hereby covenants and agrees to and with the said Grantee,
his heirs and assigns that, he the said Grantor his heirs and assigns,
will and shall paid to the said Grantee his heirs and assigns, or
on or before the first day of August in each year hereafter, the sum of
four (4) Dollars for each lot hereby conveyed said sum to be
refunded and applied by the said Grantee his heirs and assigns
in whole or in part limited attention to the care and maintenance
of the roads and other options that may be designated for public
use, and the said sum 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 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 therein
but said sails, to possess and to hold the aforesaid
premises with all the rights privileges and appurtenances
thereto belonging with and to the use of the said Grantee his
heirs and assigns forever, subject however to the following
conditions and restrictions namely:
1. Do care of a contemplated sale of said lot or parcel
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504
of land or any part thereof, said grantor, his heirs or assigns shall
be given thirty days notice in writing and shall have the first
option to purchase the same with the building and improvements
thereon at the cheapest tonnage price in good faith made and
actually offered to the said grantor his heirs or assigns,
2. The above conveyed premises shall be used only and as a site
for the dwelling house in each lot barely enough, which
dwelling house is erected on the premises in accordance
with the building laws as then in force on said plat and no portion
of such building or dwelling house (porch included) shall
extend upon the street or streets or ocean front nearer than said
building line nor shall any building of any nature, or kind
including sheds, etc. within the side lines of the lot, extend nearer
than ten feet from building line detached garage or other outbuilding
or accessory shall be erect further Dwelling house erected
on said lot or lots shall after completion measure less than
one thousand square feet minimum 13" and all toilets,
wells, kitchen or other drains or sewage outlets shall be piped
to a suitable cesspool too constructed and maintained on
the owner premises by the owner, his heirs and assigns at
his or their own cost and expense.
3. No division or side walls hedges or fences shall
be permitted, nor trees of any kind, nor anything (except the
dwelling house) that shall in any way obstruct the view from
any part of any adjoining property or any dwelling place
in this lot as rivers, brooks footpaths and walkways shall be permitted
4. No poultry, swine, cattle, horses or ovines or
cats any other noisy 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 into the above described also conveyed premises
during any time at all hours or visits, or to refrain the adına always
as if the premises in as good condition as when entered,
It is hereby further covenanted understood and
agreed on and declared the parties here to that all the aforesaid
restrictions covenants and agreements on the part of the said
grantor, grantees, successors and assigns, or heirs or their grant to be kept
and performed may attach to and run with the land hereby
conveyed. It is further agreed and made a part of the considerations
of the sale void purchase that in case of any violation of the
said restrictions covenants or covenants on the part of said grantee or his
heirs or assigns, that the title and his right to said premises shall
revert to the said grantor, his heirs or assigns, and the or they
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may repossess himself or themselves of the estate hereby granted and all
right title and interest hereby conveyed shall be forfeited void null and
terminate. The said grantor for himself his heirs executors and
administrators covenant with the said grantee his heirs and assigns
that he is lawfully seized in fee simple of the said granted premises providing that
the same are free from all encumbrances specified as aforesaid and that he
has a good right full power and lawful authority to sell and convey the
same in manner as aforesaid that the said grantee and his heirs and assigns
erroneously shall by these presents at all times hereafter be seized and
quietly have and enjoy the said premises subject as aforesaid and
that the said grantor for himself his heirs executors and administrators
shall warrant and defend the same to the said grantee his heirs and assigns
against any and all lawful claims and demands of all persons
whomsoever. In consideration aforesaid I,
Hattie M. Throop do hereby release all my right of dower in and to
said granted premises unto the said grantee and his heirs and assigns
forever.
In witness whereof we have hereunto set our hands and seals this
29th day of June in the year of our Lord one thousand nine hundred
and twenty four.
Executed in the presence of
Wadsworth M. Sisson
Howard E. Throop L.S.
Hattie M. Throop L.S.
State of Rhode Island
County of Washington
I certify that on the 29th day of June A.D. 1924 before me
personally appeared Howard E. Throop and Hattie M. Throop to
me known and known by me to be the parties executing the foregoing
instrument and acknowledged said instrument to be their success
as their free act and deed.
Wadsworth M. Sisson
Henry T. Field L.S.
Received for record July 31st 1925 at 8-15 o'clock a.m.
and recorded by George J. Moore from side
The page as recorded
