The instrument's own words
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Know all MEN by these present, that Howard E. Tharp, of
the town of Foster, county of Providence, and state of Rhode Island, hereinafter
called the grantor, in consideration of Five (5) dollars and other valuable
considerations, paid by Martha Chapman of Potter Hill, County of Washington, and
state of Rhode Island, 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 lot measuring 5, land
of land situate and lying in the town of Foster, in said county of
Washington, bounded and described as follows, to wit: but numbers are
therein marked and delineated on a certain plan or
plat entitled "Plan of Improvements including beach, house, etc., on Lot 5,
Foster, Rhode Island," copy of which is attached hereto, and is made a part
of this deed, said lot being fully set out in the said plan, it is bordered
and bounded, north on plot belonging to the said grantor, and to the south
on road, east on plot belonging to the said grantor, and to the west
on road, and on some other points, proceeding to the front of the property
and the right of way leading from the road to the beach water and other portions of
said plat which might be suitable or designated for public use, the said grantor,
for himself her heirs and assigns, warrants solely and agrees to and
with the said grantee, her heirs and assigns, that the said premises,
her heirs and assigns, will and shall pay to the said grantor, his heirs
and assigns, on or before the first day of August in each year subsequent
the sum of five (5) dollars for each such yearly payment, which is to be
offered and called asked by the said grantor, his heirs and assigns, in aid
of any uncontrolled obligations to the care and maintenance of the roads
and other portions that may be designated for public use, the said
sum agreed to be paid as and when strictly made a lien and charge upon the
premises hereby conveyed, and in case of the failure to make any
payment, notice be given upon the same that same due, it shall be
lawful for the grantor, his heirs and assigns, to sell and convey the
premises at public auction, and the proceeds of which sum as far as same
may be sufficient in county of Washington, at some date same
week for three successive weeks ended to become the purchaser or
purchaser at said sale. To have and to hold, the above
described premises, with all the rights, privileges and appurtenances
thereto 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 part thereof
or any of its street, clear grantor, or his heirs & assigns, shall be
given ten days notice in writing and shall have the first option to
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purchase the same with the outbuildings and improvements therein at
the market or a fair price in good faith made and actually offered
to the said trustee or her heirs in arrears.
2. The above conveyed premises shall be used only as a
site for one dwelling house in each lot hereby conveyed which dwelling
house shall be erected on the premises in accordance with the building
laws in force on said plot and no portion of any building, or
dwelling house, porch included shall approach the street or streets
or open ground nearer than ten feet building line, nor shall any
extension of any such approach side walkways of the side lines
of the lot or lots ensure than five feet from the frontmost line listed.
Garage or other outbuildings of buildings shall be erected thereon:
dwelling house erected on said lot shall be completed completed
not less than one (1) year nor thousand dollars on lot, whereby
(138), all toilets, bathtubs, partitions or other drains or sewage outlets
shall be piped to a suitable cesspool to be constructed and
maintained on the court of finances by the grantee, his heirs and
assigns, at their own cost and expense.
3. No dvision or use more rough or coarse shall be
permitted, nor use of any kind, nature and character (except the
dwelling house) that shall in any way obstruct the view
from any part of my dividing boundary borders or any building, or
place in this colony: workshops, stores and garages shall be
permitted.
4. No poultry, swine, cattle, mules, ponies or vicious dogs etc
cats or any other animals of any sort, shall be kept or bred on said premises.
5. The Trustees, his heirs and assigns, reserve the
right to enter into the above described and conveyed premises
to verify any rights outlined or failure to enforce the rules, always
leaving the premises in its old conditions as was visited.
6. It is fully understood, understood and
agreed by and between the parties hereat that all the aforesaid
conditions, covenants and agreements onus the part of the
said grantee, our successors and assigns, on her or their part, to be
respected and performed, shall attach to and run with the
land, hereby conveyed: it is further agreed and made a part of
the consideration of this deed and promise that in case of any
violation of the above outlined covenants on the behalf of
the said grantee or her heirs & assigns, that the title and
right to said premises will revert to the said Trustees his heirs
and assigns, who may solve may express himself or herself
of the estate however’s and all right title and
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interest hereby conveyed shall be forfeited and cease and terminate.
The said grantor for himself, his heirs, executors and administrators,
covenants with the said grantee, her heirs and assigns, that he is lawfully
seized in the fee simple of the said granted premises; that the same are free
from all encumbrances, except as aforesaid; that he has good right,
full power and lawful authority to sell and convey the same in manner
as aforesaid; that the said grantee, her heirs and assigns shall quietly, peaceably
and freely possess or seize premises aforesaid, and that he shall have
and enjoy the said premises, subject as aforesaid; and that he the said
grantor shall well and his heirs executors and administration shall warrant
and defend the same to the said grantee, her heirs and assigns forever,
against the claims lawsuits and demands of all persons whatsoever
aforesaid. And for the consideration aforesaid, I Hastie M.
Thorp, do hereby sell and convey all my right of ownership in and to the
granted premises unto the said grantee, her heirs and assigns forever.
The witnesses whereof, we have hereunto set our hands this
the 24th day of September in the year of our lord one thousand nine
Revenue hundred and twenty first,
Stamp Secretary in the presence of
50¢ R. E. Trainer
Howard E. Thorp L.S.
Hastie M. Thorp L.S.
State of Rhode Island
county of Washington
In Providence, on the 24th day of September A.D. 1921
before me personally appeared Howard E. Thorp and Hastie M. Thorp
to me known and known me to be the parties signatory the
foregoing instrument and acknowledged said instrument be them
executed to be their free act and deed.
Rozier E. Trainer
Notary Public
Received for record December 8th 1921 at 10 o'clock A.M.
and inserted by George H. Carrin, Town Clerk
The page as recorded
