10/19/1925 · DEED · book 22 page 68 doc 7968

68 the same in manner as aforesaid, that the said grantee and her heirs and assigns, shall by these presents at all times henceforth peaceably and quietly have and enjoy the said premises, subject as aforesaid and that the said grantor will his heirs, executors and administrators shall warrant and defend the same to the said grantee, her heirs and assigns forever against the lawful claims and demands of all persons whatsoever, and for the considerations expressed in the latter part of this deed I do hereby release all my right title of interest in and to the aforesaid premises unto the said grantee, and her heirs and assigns forever. In witness whereof, we have hereunto set our hands and seals this 1st day of October in the year of our Lord one thousand nine hundred and twenty five. Signed, sealed and delivered in the presence of: Longe: R. G. James Hattie M. Throop Howard E. Throop Hattie M. Throop State of Rhode Island County of Washington in the town of Westerly, on the 1st day of October A.D. 1925 before me personally appeared Howard E. Throop, and Hattie M. Throop who being duly sworn did affirm unto me to be the parties executing the foregoing instrument and acknowledged said instrument the same to be their free act and deed. Rogers E. James Notary Public G. Rec. and recorded Oct 19, 1925 at 5-10 o'clock P.M. and also paid my fee of $1.50. f. m. Fornadie KNOW ALL MEN by these presents, that Howard E. Throop of the town of Westerly, county of Washington and State of Rhode Island aforesaid, hereinafter called the grantor, in consideration of ten Dollars and other valuable considerations, paid by Edith S. Opdyke of Westerly, County of Washington and State of Rhode Island aforesaid, hereinafter called the grantee, the receipt whereof is hereby acknowledged, does hereby grant, bargain, sell and convey, unto the said grantee, and her heirs and assigns forever, 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: both North and South by lotten 143 as shown and delineated on a certain plat or plan entitled

"Plan of Zirconembourg central beach, Bakerstown, R.I. Joseph P. Trainer has agreed eighty feet to the north, October, 1924, Rossi and donors, Engrs," Land plan or plat been on file in the town clerks office in said town of Bakerstown; the said granite bounds, his heirs and assigns, shall have the right to pass and egress to and from said plan and to sit back on foot or otherwise, sail, on and across those certain parts of may-owned or shore on said plan front adjoining to the public highway already used as the way of accessing to the beach and also the way of ships coming from the ocean to the private water front and any other portions of said plat which might be necessary or requisite for public use. The said parties to wit, his heirs and assigns hereby covenant and agree with the said trainer, his heirs and assigns that the said granite, his heirs and assigns, shall pay to the said trainer, his heirs and assigns, on or before the first day of August in each and every year, the sum of $100 dollars in all cash of lawfully received, said sum to be operated and applied on the said granite, his heirs and assigns, in his their unrestricted direction to the care and maintenance of the said and other portions that may be assigned for public use, and the said sums agree, to be paid in advance, null and void and charge upon the premises hereby conveyed, and in case of the failure to make any payment not more one year after the same should become due, it shall be for the trainer, 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 or purchaser of said sale. To have and to hold, the aforesaid premises with all the rights, privileges and appurtenances thereunto belonging, unto the use of the said granite per his heirs and assigns in forever, subject however to the following conditions and restrictions namely: 1. If any case of unsatisfied sale of said lot or parcel of land or any part thereof, said trainer, his heirs and assigns, shall be given ten days notice in writing and at the same time joint effort to purchase the same with the building and improvements thereon at the highest bona fide price in good faith and actually offered to the said granite in his heirs or assigns. 2. The above described premises shall be used only as a site for one dwelling house or beach cottage serving, which nothing thereon shall be erected on the premises in accordance with the zoning laws at then on said plot and no portion of any building or dwelling house, (except shade well) shall approach the street or street or open front near than said building line, nor shall any building of any nature or kind whatsoever approach the side lines of the lot closer nearer than five feet therefrom; no detached garage or other auxiliary or buildings shall be erect thereon; decking boards shall be set in wood

not or with wall shall cost when completed more than Ten Thousand dollars in all, measured 17; all toilets, baths, kitchens or other drains and water outlets shall be piped to a suitable caulk proof tube to be constructed and connected on the above premises by the tenants, per sewers and outlets, as seen on their own cost and expense. 14. No division or cave water intake or fences will be permitted for any purpose what soever (except the dividing wall) that shall in any way obstruct the view from any part of any adjoining property or any dwelling place in this colony, State, Territory or possessions held or controlled. 15. All boats, canoes, scows, money or vessels logs or rafts etc that are used on the waters or basins or bodies shall be kept or permitted to be kept on said premises. 16. The grantor, his heirs and assigns, reserve the right to enter on the above described land and premises whenever he wants to make any im- provements to said land the same, always leaving the premises in as good a condition as when entered. It is hereby further covenant understood and agreed by and between the parties hereto that all the above conditions, covenants and agreements in the part of the said grantor her heirs and assigns, in per her part here to be kept and performed, each attached to and with the said hereby conveyed land or premises and make a real of the considerations of this sale and purchase that in case of any violation of the above conditions, covenants on the part of hand it results either ruin or damages to the title and etc to said premises, shall revert to the said grantor his heirs and assigns and he or they may appropriate improvements or tenements of estate hereby granted and all rights there and without any remedy shall be rejected and clear and immediate. "That the said grantor for himself, his heirs, successors and assigns for covenants with the said grantee, his heirs and assigns that he is lawfully seized in fee simple of the said premises conveyed; That the said land will be free from encumbrances, set offsets or claims that he will defend the same and those entitled thereto, to each and every the same in perpetuity, That he will convey and her heirs and assigns, all the same remnants as hereat hereafter peacefully and quietly and all and every the said premises, together with the appurtenances, and more over will make and warranty and defend the same to the said grantee, her heirs shall warrant and defend the same to the said grantee, her heirs and assigns from any and all lawful claims and demands of all persons howsoever aforesaid. And for the consideration aforesaid I, Hattie M. Shopp, do hereby release all my