The instrument's own words
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238 To know all men by these presents, that Howard E. Thorp
of the town of westerly, county of Washington and state of Rhode Island,
hereinafter called the Grantee, in consideration of ten dollars and
other valuable considerations, paid by reput R. Bouchard of the town of
Hopkinton, county and state aforesaid, hereinafter called the Grantor,
the receipt whereof is hereby acknowledged, has duly given, grant bargain
sell and convey unto the said Grantee and her heirs and assigns forever
a certain treaty or parcel of land situate and lying in the town of Hopkinton
in said county of Washington, bounded and described as follows, to wit:
North some twenty four and one half metres (24.5) yd and some
delivered on a certain plan or plot entitled "Plan of Unimproved lot located
beach Hopkinton, R.I." That plan and James Dee, counts eighty feet to the
inch, October 1951. Rossi and Davis, Engrs "said plan or plot being
on file in the town clerks office in said town of Hopkinton the said
Grantee, her heirs and assigns shall have the right to have and possess
to frame and from aunts and across lot or tract in foot or arteries over,
or also across certain rights of way or roads as shown on
said plan or plot leading to the public highway as well the
rights of way, leading to the beach and also the right of way leading
from the road to the beach water mark and any other portions’ I said
tract or broth might hereafter be designated for Public's use. the said
Grantee for her heirs and assigns freely consents and agrees
to and with the said Grantor, his heirs and designs that said Grantee
her heirs and assigns will and shall have to the said Grantor, his heirs
and assigns, or of degree the first day August in each year hereafter,
the sum of five (5) dollars for each lot hereby conveyed, said sum to be
expended and applied by the said Grantor, his heirs and assigns, in his
and their unrestricted discretion to the care and maintenance of the
roads and other portions that may be designated for Public's use, and
the said sums agreed to be paid the hereby make a lien and charge
upon the granted property conveyed, and in case of the failure to make
one payment promptly on and after the same shall become due,
it shall be lawful for the Grantor his heirs and assigns, to sell and
convey the premises at Public Auction, first giving notice of such
sale in some newspaper published within county of Washington,
at least once each month for three consecutive months, and to deliver
the purchases or purchasers of said sale,
To have and to hold
the aforementioned 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 parcel of land
or any part thereof said Grantor, his heirs or assigns, shall be given
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tion days notice in writing and shall have the first option to purchase the same
with the buildings and improvements thereon at the highest bona fide price
in good faith made and actually offered to the said grantie or her heirs or assigns.
2. The above described premises shall be used only as a site for one
dwelling house on each lot but only one such dwelling house shall be
erected on the premises in accordance with the building line as shown on
said plat and no portion of any building or dwelling house (Porch included)
shall encroach the street or streets or open front near the said building
line, nor shall any building of any nature or kind whatsoever approach
the side lines of the lot more closely than ten feet from the lot lines, no detached
garage or other outbuilding or buildings shall be erected thereon; such dwelling house
erected on said lot or lot shall cost when completed not less than five
thousand dollars (5,000) lot number 23 and Lot number 24 and Lot 25, thousand dollars
on lots number 93; all footings, basements or drains or sewags
shall be subject to a covenant to be constructed and maintained
on the above premises by the grantie her heirs and assigns, at her or
their own cost and expense.
3. No division or line walls, hedges or fences shall be permitted
nor trees of any kind nor anything (except the dwelling house) that shall
in any way obstruct the view from any part of any adjoining property
or any dwelling place in their exterior; flowers, shrubs, vegetables
shall be permitted.
4. No horses, swine, cattle, sheep or ovines dogs or cats or
any other noisy or livestock animals or birds shall be kept or
permitted to be kept on said premises.
5. The grantor, his heirs and assigns reserve the right to
enter upon the above described and conveyed premises to lay any
pipe outlets or inlets, or to repair the conduits always leaving the premises
in as good condition as on either entered.
6. It is hereby further covenanted, understood and agreed by
and between the parties hereto that all of the aforesaid conditions, covenants
and agreement on the part of the said grantee, her heirs and assigns,
on her or their part to be kept 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 sale and purchase that in case of any
violation of the above conditions or agreements on the part of said grantee
or her heirs or assigns, that the title and fee to said granted premises
revert to the said grantor, his heirs or assigns, and he or they may
reenter himself or themselves on the estate hereby granted and all rights
title and 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 fee simple of the other of the said granted premises; that the
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240 same are free from all incumbrances, & that as aforesaid, that he
has good right, full power and lawful authority to sell and convey
the same In witness as aforesaid, that the said grantee and her
heirs and assigns, shall by these presents at all times hereafter peaceably
and quietly have and enjoy the said premises, subject as aforesaid,
and that the said grantor with his heirs executors and administrators
shall warrant and defend the same to the said grantee, her heirs
and assigns against the lawful claims and demands of
all persons whomsoever as aforesaid. And for the consideration
aforesaid J. Hallie In. Thorpe, do hereby release all my right of dower
in and to the said granted premises unto the said Phoebe, and her
heirs and assigns forever.
In witness whereof, we have hereunto set our hands and
seals this 8th day of May in the year of our lord one thousand
nine hundred and twenty six
Executed in the presence of Howard E. Thorpe LS
R. E. Traines Hallie M. Thorpe LS
State of Rhode Island
County of Washington
On this 8th day of May AD 1926, before me
personally appeared Howard E. Thorpe and Hallie M. Thorpe to me
known and said known by me one to be the parties executing the foregoing
instrument and acknowledged said instrument likely through executed
to be their free act and deed Rogels E. Traines
Notary Public LS
Received for record June, 12. 1926 at 9.30 o'clock am,
and recorded by George A. Dorrance Town Clerk
Know all men by these presents, that I, Alfred J. Rhodes
of the town of Richmond in the County of Washington and State of Rhode
Island in consideration of the sum of ten dollars to me paid by Sarah
M. Vargonas of the city of Providence in the County of Providence in said
State the receipt hereof is hereby acknowledged, do hereby remise,
release and forever quitclaim unto the said Sarah M. Vargonas her
heirs and assigns forever, all the right, title, interest, property,
claim and demand whichly I now have, or of right ought to have, or
claim, in and to all those certain tracts of parcels of land situate