The instrument's own words
page 1
28
Ad 1823, before me personally appeared Ernest M. Hargreaves to me
known, and sworn and sworn by me to be the party executant of the foregoing
instrument and did acknowledge said instrument inherent by him executed,
to be his act seal and deed.
J. R. Smith Frost
Notary Public
Received for record september 5th 1823 at 9 o'clock a.m.
and recorded by Joseph G. Moore, Town Clerk
Know All Men by these presents, That Howard & Thorpe
of the Town of Medway county of Washington and State of Rhode Island,
hereinafter called the Grantors, in consideration of ten Dollars
and other valuable considerations furnished by Alma A. Hurlbut of
New York designated hereinafter called the Grantee, the receipt whereof is
hereby acknowledged hereby grant promise bargain sell and
convey unto the said Grantee her heirs and assigns designed forever,
a certain right now a parcel of land situate and being in the town of
Charlestown in said county of Washington, bounded and abutted
as follows to wit: north sunrise are hundred feet (100) or
thereon and delineated on a certain plan or plat entitled "Plan of
Improvement connected beach Front, Charlestown R.I." South and east,
two cents, westerly fifty feet, on the ocean, October 1824, Rossie and survey
agent, south east point s. east 1/2 mile file in the Town Clerk's office
in said town of Charlestown, and the said Grantee her heirs and assigns forever,
and that the right is pass and clear and open to and from and from
and to and all with out restriction in foot or otherwise open, on and across
certain wants either way or as well as through in plain field or
through wading to the public highway and as well the rights of
way moving to the reach and ways the so wide as may be necessary from
the road and till the sea water marks and any other paths’ found of
beach road which may be designated for this purpose
the last sentence, for the same has been clear and assigned money,
conveyed and passed through and with the said Grantor his heirs
and assigns, that the said rights until her heirs and assigns will
and shall pay to the said grantor, his heirs and assigns, on or
before the first day of every six month hereafter, the sum
of Five (5) Dollars the said sum being monthly conveyed, and soon to be
confirmed and applied by the said Grantee her heirs and assigns, in
his and their contributions the return to the care and maintenance
of the roads and other of sections that may be designated for
page 2
Public trust, and the said sums agreed to be paid are hereby made a lien and
charge upon the premises hereby conveyed, and in case by the buyer to make
any payment within one year after the same shall become due, I shall be
entitled for the grantor, his heirs and assigns, to sell and convey the premises
at public auction, giving notice of such sale in some newspaper published
in said county of Washington, at least one week next before for such auction
weeks and to convey the purchasers or purchasers at said sale
to have and to hold, the aforesaid premises, with all the rights, privileges
and appurtenances thereto belonging, to have and to use the same
forever with any heirs and assigns forever, subject however to the following
conditions and restrictions, namely:
1. In case of a contention related piece of land not so leased or
any part thereof sold rented leased, for hiring or assign, shall receive ten days
notice in writing and shall have the first option to buy the same with
the building and all improvements thereon at the highest price offered in
good faith and actually offered to the said grantor or her heirs or assigns.
2. The above conveyed premises, shall be used only as a site for a
one dwelling home on each lot separately conveyed, which dwelling home shall
be erected on the premises in accordance with the building line as shown
on said plat and no portion of any dwelling or structure house etc
should approach the street to within 20 feet from the
said building line, nor shall any building of any nature or kind
otherwise approach the side lines of either or both named lanes than
feet therefrom; no detached garage or other outbuilding or switching
shall be erected thereon. dwelling houses erected on said lots or lots
shall be constructed, not less than one thousand square feet in
lot numbered 128, all foot paths, walkways, driveways or any entrance
outlets shall be provided for a suitable carpet to be constructed and
maintained on the above premises by the grantee, her heirs and
assigns, after their own cost and expense.
3. No division or extension, lease or loan shall be permitted
nor trees of any kind, nor any thing (except the sod grass)
shall plant in any way obstructing the view from any part of any
adjoining properties or any dwelling place in this lot, any shrubs,
flowers and vegetables shall be permitted.
4. No poultry swine, cattle, horses or vicuñas dogs & cats
or any other noisy or objectionable animals or birds shall be
kept or permitted to be kept on premises.
5. The grantor her heirs and assigns, reserve the right to
enter upon the above described and conveyed premises to lay any pipe,
outlet or pipes, or to repair the same, always leaving the premises
in as good condition as when entered.
6. It is hereby further covenanted, understood and
page 3
30
as well as by and between the parties hereto, that all the appurtenances
covenants and agreements on the part of the said grantor her heirs
and assigns, in per or their part to be right and performed, shall attach
to and run with the said fee simple conveyed. It is further agreed and
declared to the consideration of this sale and furthermore that in
case of violation of the word conditions or covenants on the part
of the said grantor or her heirs or assigns that the lotte and fee to said
grantee shall revert to the said grantor her heirs or assigns, and the
said grantee shall reimburse themselves or the vendees of the estate nearly grants
and all such lotte and interest money of read be forfeited
and such cost and compensate. The said grantor for herself, his
heirs, executors and administrators, covenants with the said grantee and her heirs
their heirs and assigns, that the same is lawfully held in fee simple free of the
said encumbrances that the said grantee and free from all encumbrances
registered aforesaid that she may well and quietly have full power and lawful
entitlement to all and use forever in manner as appearing stated
in said indenture and according hereby that she bears’s twenty thousand
and some twenty thousand pounds and a halfy cents and says signed the said
money, warrant it and agree that the said grantor’s heirs shall warrant and defend
the same to the said grantee her heirs and assigns, against all and every
the lawful claims and demands of all persons whomsoever as aforesaid.
And for the consideration aforesaid Hattie M. Thorp, does hereby
release all my right of dower in and to the said granted premises
unto the said grantee, and her heirs and assigns forever.
In witness whereof, we have hereunto set our hands and
seals this 31st day of August in the year of our lord one
thousand nine hundred and twenty four.
Signed Sealed in the presence of
P. S. Lainer
Howard B. Thorp L.S.
Hattie M. Thorp L.S.
State of Rhode Island
county of Providence
in Pawtucket on the 31st day of August A.D. 1925 before
me personally appeared Howard B. Thorp and Hattie M. Thorp
to me known to be the parties sealing the
foregoing instrument and acknowledged said instrument by
them spoken to be their free and lawful act and deed.
Rogers S. Lainer
Notary Public L.S.
Received for record Sept 2, 1925 at 10 o'clock AM
and recorded per page 30 Moore Town Clerk
page 4
34
proceed, it is her free act and deed.
Eliza K. Young.
(Seal) Phoebe, New York County,
Clerk's Office, June 11th Registered No 4596
term expiring March 30th 1826.
Received and deed added to p 175 at 3:30 pm December 1st 1930
and delivered by George A. Barnes, Jm. Clerk
The undersigned, having received full payment and satisfaction of the
within mortgage recorded in the records of land evidence in the Town of Eastbridge
in the State of Rhode Island, in real estate mortgage Book Number 32 page 31,
hereby cancel and discharge the same. And I covenant to and with the
person making said payment that I am the owner of said mortgage.
In witness whereof I have hereunto set my hand this April 9,
1930. Amos Hutchinson
Recorded April 10, 1930
By Henry Harrison Town Clerk See also Book 24 page 92
Know All Men by these presents, That I, J. Alfred
Pendleton of the town of Washington, Washington county and
state aforesaid do grant and convey all the premises in consideration
of ten dollars and other valuable considerations to me paid by
unnamed and others etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc 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