The instrument's own words
page 1
120 Know all men by these presents, that one Howard
Hamilton Baker and Oleana S. Baker, his wife, in her right, both of
the city of Buffalo in the State of New York, hereinafter called the Grantor
for and in consideration of the sum of ten ($10.00) Dollars to our fairly be
paid by one herewith Howard S. Wright and Sigismund M. Fischer, all of
the city and county of Providence in the state of Rhode Island hereinafter
after called the Grantee, the sufficiency of which is hereby acknowledged, do
hereby grant, bargain, sell and convey unto the said Grantees
and their heirs and assigns forever, their certain lot or parcel of
land with all the privileges and immunities thereunto appertaining situate in the
form of a rectangle, on the North Westerly side of Prospect Street
out and designated as lot No. 4, and said lot runs on their front
entitled "Prospect Avenue development Prospect Meadow Plat Oleana
S. Baker's Estate", whereat found, whereat found, Rhode Island, Sept 1935 Thomas
u. son’s side it is bounded North westerly on Prospect
Street, fifty (50) feet, North easterly on lot No. 3, on said plat, 134.5 feet,
southerly on lot No. 82 on said plat, 50 feet and south westerly on
a street as shown on said plat 134.5 feet, with the property of
opening of the public streets said lot No. 4 not more than 10 feet
in width and that distance to be closed with suitable posts and
gate the location and elevation to be satisfactory to this grantor,
with the understanding that the gate is to be kept closed and
its use is to be confined to the grantees and the members of their
immediate family and guests, provided however, that upon
certain request via the Grantors’ consent, the said
estate and port shall be open if the said grantees
to form combined condition one month from the time of
receiving such notice the whole to be done at the expense of
the visitors in event of abuse of said privilege, said premises
are subject to the following restrictions: First, saying
that they may elect to erect on the said premises one and
only one dwelling for a private family, that no building
except the necessary out buildings requisite for the convenience and
enjoyment of said dwelling specifically pools and which shall be used
exclusively for domestic purposes, shall be erected thereon, it being
of first priority that a private garage dwelling may be added
within premises and used only for the carriage, but not in any
way utilized nor used for domestic foot-pools; and provided
further that no buildings or dwellings erected on said premises
shall be located, near then set to the lot line facing on any
street or avenue or any private trade and also prohibited that no
dwelling house or garage so constructed shall whereas shall
be erected at a cost of less than 1952. Second that said
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premises or any part thereof or dwelling a building thereon shall at no time be
used for carrying on any mechanical or manufacturing business or public
selling of fluids intended for the purpose of load houses, prostitution, used gaming
or other illegal purposes whatsoever, nor shall any curtains windowing or
screens be put at any time made added or built for sale thereon or therein,
Fifth: That no building shall be erected or placed in said premises within ten
feet of the north line of said lot. Sixth: This indenture and agreement
that the grantees their heirs and assigns shall well construct and
well keep the same in proper sanitary condition at all times, and that
no nuisance shall be built or placed on said premises, Seventh: that
no swine, cows, poultry or other livestock animals shall be kept in said
premises, with no board fence to be erected around, and no horse
of any kind to speed for let in sight. To have and to hold
the aforesaid premises with all the privileges and appurtenances
thereunto belonging, and to the use of the said grantees, and their heirs
and assigns forever, and me the said grantors do hereby covenant with the said
grantees and their heirs and assigns covenanting that we are lawfully seised in fee
simple of the said granted premises that the same are free from all
incumbrances except as aforesaid that we have good right full power
and lawful authority title and convey the same in manner as aforesaid that
the said grantees and their heirs and their lawful assigns shall have and enjoy
at all times hereafter peaceably and quietly hold and use the said
premises and that we the said grantors for ourselves and our heirs executors
and administrators shall warrant and defend the same to the said
grantees and their heirs and assigns against the lawful claims
and demands of all persons hereunto appertaining. In witness
of the consideration aforesaid I, Howard H. Baker husband of said
Eleanor D. Baker do hereby release all my right of curtesy to and to
the said granted premises unto the said grantees and their heirs and
assigns forever.
In witness whereof I have hereunto set our hands and seals
this 27th day of November in the year of our Lord one thousand nine
hundred and twenty four.
Signed Sealed and delivered in presence of
William R. Westfield,
Howard Hamilton Baker et ux
Eleanor D. Baker
And we, Elmer E. Browning and Ellen M. Browning mortgagees
named in that mortgage by Eleanor D. Baker, dated January 10,
1922 and recorded in Mortgage Book 20 page 70, in consideration
of $400 to be paid by said Eleanor D. Baker, do hereby release
the above described premises from the duration of said mortgage
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122
In witness whereof we have hereunto set our hands and seals this 5th day
of December in the year of our Lord one thousand nine hundred and twenty
four,
Signed, sealed and delivered in presence of
Elmer E. Booming L.S.
Esther M. Booming L.S.
State of Rhode Island
county of Providence
ss.
On this 2nd day of November A.D.
one thousand nine hundred and twenty four before me personally
appeared the above named grantor Howard Hamilton Baker to me known
and known him say me to be the party executing the foregoing instrument
and acknowledged said instrument by him signed to be his free
act and deed.
[Signature] Edward M. Stockwell
Notary Public
State of Rhode Island
county of Providence
ss.
On this 2nd day of December
A.D. 1925, before me personally appeared the above named grantor
Eugene Evans DeBaker, made it known to me to be known,
and known him say me to be the party executing the foregoing instrument
and acknowledged said instrument by him signed to be his free act
and deed.
[Signature] Edward M. Stockwell
Notary Public
State of Rhode Island
county of Washington
ss.
In Westerly town, in said county on the 5th day of
December one thousand nine hundred and twenty four,
before me personally appeared the above named grantors Elmer E.
Booming and Esther M. Booming, they each and all to one
another known and known me to be the parties executing the foregoing
instrument, and solemnly acknowledged said instrument by
them executed to be their free act and deed.
[Signature] George L. Curry
V. Notary Public
Received for record December 9th 1926 at 2.30 o'clock A.M.
and recorded by George L. Curry Town Clerk
The page as recorded
