7/1/1926 · DEED · book 22 page 272 doc 8081

272 Know all men by these presents, that Thos. Arnold & Troop of the town of Newport, county of Washington, and state of Rhode Island, hereinafter called the grantor, in consideration of ten old dollars and other valuable considerations, paid by Mary S. Dexter of Narragansett, county of Washington, and state of Connecticut hereinafter called the grantee, the receipt whereof is hereby acknowledged, does hereby grant, 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 Charlestown, in said county of Washington, bounded and described as follows numbered eighty eight and one hundred forty one as shown and delineated on a certain plan or plat entitled "Plan of nonconforming lot constant beach, Charlestown, R.I.," Thos & Train's line, about twenty feet to the inch, dated 1794" and his and Lewis Enger's line" said plat of Charlestown on file in the town clerk's office in said town of Charlestown: the said grantee and her heirs and assigns shall have the right to pass and repass to and from and from and to said lot or beach on foot or otherwise, over, on and across those certain rights of way or roads as shown on said plat or beach leading to the public highway and as well the rights of way leading to the beach and also the right of way leading from the road to the fresh water pond and any other portions of said plat which might hereafter be designated for public use: the said grantee for herself and her heirs and assigns hereby covenants and agrees to aid with the said Grantor, her heirs and assigns, that the said grantee 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 and every year hereafter, the sum of $3.00 for taxes on said lot hereby agreed and said sum to be referenced 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 use, and the said sum agreed to be paid and shall be clear of liens and charge upon the premises hereby conveyed, and in case of the failure to make any payment within one year after the same shall become due, it shall be lawful for this Grantor, 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 lot. To have and to hold the aforementioned premises, with all the rights to privileges and appurtenances thereto belonging unto and to be the of the said grantee her heirs and assigns forever, subject however to the following conditions and restrictions and remedies, namely, 1 In case of a contemplated sale of said lot or parcel of land or any part thereof said Grantor his heirs & assigns shall be given tin

days notice in writing and shall have the first option to purchase the same with the building and improvements thereon at the highest bona fide price in good faith made and actually offered to the said grantor or his heirs or assigns 2. That the above conveyed premises shall be used solely as a site for one dwelling house on each lot hereby conveyed, which 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, (including porches) shall approach the street or streets or ocean port near from said building line, nor shall any building of any material or kind extend beyond the side lines of either of the lots owner than for five feet therefrom; no detached garage or other outbuilding or buildings shall be erected thereon, dwelling house erected on said lot to lot shall cost when completed not less than one thousand ($1,000) dollars on all lot numbers 85 and up (109) Thousand dollars on lot number 139, all toilets baths, kitchen or other drains or sewage outlets shall be piped to a suitable cesspool to be constructed and maintained on the above premises by the grantee her heirs and assigns, at her own cost and expense. 3. No paving or line wall hedges or fences shall be permitted nor trees of any kind, nor dwelling (except the dwelling house) shall in any event (except the driveway from any part of any adjoining property or any dwelling place in this story, shrubs, flowers and vegetables shall be permitted. 4. No poultry, swine, cattle, horses or vicious dogs or cats or any other noisy or objectionable 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 pipes conduits or pipes, or to repair the home, always leaving the premises in as good condition as when entered. 6. It is hereby further covenanted, understood and agreed by and between the parties hereto that all the aforesaid conditions, covenants and agreements 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 indenture that in case of any violation of the above conditions or covenants on the part of said grantee or her heirs or assigns that the title and fee to said premises shall revert to the said grantor, his heirs or assigns, and he or they may repossess himself or themselves of the estate hereby granted and all right, 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

274 heirs and assigns that he is lawfully seised in fee simple of the said granted Premises: That the Lottie are free from all incumbrances whatsoever aforesaid that he has good right full power and lawful authority to sell and convey the said land in premises 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 absolute as aforesaid and that the said grantor will and his heirs executors will and administrators shall warrant and defend the same to the said grantee her heirs and assigns forever against all lawful claims and demands of all persons whomsoever aforesaid. And for the consideration aforesaid I Mattie M. Shoop do hereby release all my right of dower lie and to the paid granted premises into the said Grantee and her heirs and assigns forever. In witness whereof we have hereunto set our hands and seals this 29th day of June in the year of our lord two thousand one thousand eight hundred twenty six Executed in the presence of R. E. Framer Howard E. Shoop L.S. Mattie M. Shoop L.S. State of Rhode Island County of Washington In Westerly on the 29th day of June A.D. 1926 before me personally appeared Howard E. Shoop and Mattie M. Shoop to me known and known by me to be the parties executing the foregoing instrument and acknowledged said instrument by them executed to be their free act and deed. Rogers E. Framer Notary Public Received for record July 1, 1926 at 9 o'clock A.M. and recorded by George B. Couch Fam Clerk Know all men by these presents That Howard E. Shoop of the Town of Westerly County of Washington and State of Rhode Island hereinafter called the Grantor in consideration of Ten (10) dollars and other valuable consideration paid by Sarah R. Rusden and Richard D. Rusden of the City of Providence County of Providence and State of Rhode Island hereinafter called the Grantee the receipt hereof is hereby acknowledged does hereby give grant bargain sell and convey unto the said Grantees and their heirs and assigns forever a certain tract or parcel of land situate