The instrument's own words
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63
State of Rhode Island
County of Washington
Before me
Joel Hottenstone on the tenth day of October AD 1825 came before me
personally appeared Albert S. Babcock and Dennis P. Babcock to me known
and acknowledged me, to be the parties executing the foregoing instrument, and then
acknowledged said instrument by them to be their free act and deed end
Signed E. & D. Babcock
Joel H. Hottenstone
Assistant Public Notary
Recorded for record October 15th 1825 at 8:45 o'clock A.M.
and recorded by George W. Coone Form clerk
KNOW ALL MEN by these presents, that Howard E. Hoope, of
the Town of Westerly, County of Washington and State of Rhode Island, hereinafter
called the grantor in consideration of ten US Dollars and other valuable
considerations paid by Gideon M. Brooks, of Providence, County of Providence
and State of Rhode Island hereinafter called the grantee, the receipt whereof is
hereby acknowledged, has hereby given, granted, sell and conveyed unto
the said grantee and her heirs and assigns forever, a certain tract of parcel
of land situate and being in the Town of Westerly, in said County of
Washington, bounded and described as follows, to wit: north westerly
bounded westerly (west) as shown and delineated on a certain plan or plat
entitled "Plan of conveyancing boundary parcel, Providence, R.I." Thorp &
Jarvis dirs, dated early day of August in sixteen, 1825 North and west
Englis" said plan of plotting on the file in the Town Clerk office in said
Town of Westerly then the said boundary on her west and assigns following there
the right, to have and hold and repossess to and from under said lot or
tract or plot or otherwise run, on and across certain rights of way
or roads as shown on said plan or plat leading to the public highway and
as well the rights of way leading to the beach water also the right of way
leading from the beach lead to the first water part and other portions of the
beach that might be designated for public use, the said grantee, for
himself his heirs and assigns, hereby covenants and agrees to and with
the said grantor, his heirs and assigns, that the said premises, our heirs
and assigns, will and shall pay to the said grantor, his heirs and assigns,
annually, on the first day of August in each and every year hereafter,
the sum of Forty Dollars, the each lot thoroughly conveyed, which sum to be paid
and satisfied by the said grantor, his heirs and assigns, in his and
their uncontrolled possession and maintenance of the wall
and other portions that may be designated for public use, and that said
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have agreed to be paid, and am hereby made a lien and charge upon the
premises herein conveyed, and in case of the failure to make any payment
mentioned herein after the same shall become due, it shall be lawful
for me, my heirs, my next of kin and assigns, to sell and convey the premises
herein described, first giving notice of such sale, in some newspaper
published in and circulating in Washington, at least once each week for
two consecutive weeks, until a purchaser will assume the purchase or purchased at
said sale. I do hereby covenant and bind the aforesaid premises,
with all the rights, privileges and appurtenances thereunto belonging,
unto and to the use of the said grantee, her heirs and assigns forever,
subject however to the following conditions and restrictions namely:
1. In case of a contemplated sale of said lot or parcel of land or any
part thereof, said grantee, her heirs or assigns shall be given ten
days notice in writing and shall have the first option to purchase the
same with the selling and improvements thereon at the highest
bonafide price in good faith made and actually offered to the said
grantor or her heirs and assigns.
2. The above described premises shall be used only as a site
for one dwelling house in each of every convex, including dwelling
house and shed erected on the premises in accordance with the
zoning laws as stored in said city and its provision as may
be revised or superseded from time to time hereafter than building lines,
the street or sheets or vacant land than building lines,
nor shall any building of any value extend into lower
at a distance the side any of it less than ten feet from their boundaries
furthermore no detached structure other than building on boundaries
or as the said District Zoning ordinance states on said lot or
in the said District Zoning ordinance states on said lot or
with shall contain apartments more than one (1) storeys, or thousand
square feet surrounded 120, all forests, wastes, wetlands or other
of the same reverse results shall not be used as a campsite against
to be constructed and maintained in the above premises by
the grantee, her heirs and assigns, at her own cost
and expense.
3. No derrick or tower, poles or fences shall be
erected, nor trees of any kind, cut without the consent of the
(conveying party) that deed in my writing I subtract the right
to remove any part of my adjoining properties or any dwelling
erected in this colony etc. with folks and animals shall be permitted
on the property, none settle, colony or license dogs or cats
or any other animals to roam free on said premises as would be
subject to prosecution to prohibit on said premises.
4. The grantee, her heirs and assigns, reserve the right
to enter upon the above described and conveyed premises to
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lay any pipe water utility or pipes, or to repair the same always leaving the premises in
all good conditions as when entered.
It is hereby further covenanted understood and agreed by and between
the parties hereto that all the aforesaid conditions covenants covenants and agreements on
the part of the said grantor his heirs and assigns or successors their part to it test
and perform shall attach to and run with the said property conversely it
is further agreed and made a part of the consideration of this sale and
conveyance that in case of any violation of the above conditions or covenants
on the part of said grantor or his heirs it appearing that the lessee and fee
and successors shall have the right to the said grantor his heirs or assigns and in
or they may remove destroy or remove the entire of the waste beauty around
and all other trees and underbrush nearby shall be cleared and
care and maintain it. The said grantor for himself his heirs successors presents
and assigns does covenant agree with the said grantee her heirs assigns
and successors that she is lawfully seized in fee simple of the said premises
that the same are free from all encumbrances disputes and that she has
good right full power and lawful authority to sell and convey the
same in manner as aforesaid and that she warrants and her heirs and
assigns shall warrant that the premises at all times previously occupied
and utility have had entry the said property against all asserted and that
the said grantor will warrant her heirs successors and administrators shall
warrant and defend the same to the said grantee her heirs and
assigns forever against the rightful claims and demands of all
persons whomsoever against the associates and for the consideration aforesaid
I, Phoebe M. Thorpe do hereby release all right of over in
to the said granted premises unto the said grantee and her heirs and
successors forever.
In witness whereof we have hereunto set our hand and seal
this 25th day of March in the year of our Lord one thousand nine
hundred promised and twenty four
Executed in the presence of
R. B. Lraine s
Phoebe E. Thorpe L.S.
Hattie M. Thorpe L.S.
State of Rhode Island
county of Washington
On this being on the 26th day of March A.D. 1924 before me
personally appeared Edward E. Thorpe and Hattie M. Thorpe to me known as
the persons by whom the parties executing the foregoing instrument and
acknowledged that said instrument was their free act and
will and deed.
Royal G. L. Loken
Justice of the Peace L.S.
Received for record October 16 1923 p. 95 south Kingstown.
and recorded by George Knowles Tom clerk
The page as recorded
