The instrument's own words
page 1
Know all men by these presents, that Howard E. Brush of the
town of Westerly, county of Washington, and state of Rhode Island, hereinafter
called the grantor in consideration of the sum of $110.00 and other valuable
considerations paid by Martha Eckford of the town of Westerly aforesaid hereinafter
called the grantee the receipt whereof is hereby acknowledged, does hereby grant,
convey, bargain, sell and convey with the said grantor and her heirs and assigns
forever, a certain tract or parcel of land situate and lying in the town of Westerly
in said county of Washington, bounded and described as follows to wit: first north
easterly corner being lot (75) as shown on a delineated on a certain plan or
platted exhibit "A" from Engineering consultants Beach, Charlestown, R.I. through
Learner, Inc., dated July 1st to the north, October 1954 Rosie and Dennis
Engram, Recorded Mar 18, 1923 said plan or plat being on file in the Town Clerk's
office in said town of Charlestown; the said grantee, her heirs and assigns,
shall have the right to pass and repass to and from and from and to said lot
by road or foot on boat or other means, and or seek certain rights of
way road or path as shown on said plan or plat leading to the public highway
and also the right of way leading to the beach and also the right of way
leading from the head to the head water front and any other portions of said
plat that might hereafter be designated as Public with the said grantee for
forever, and he her heirs and assigns hereby covenants and agrees with the
said grantor, her heirs and assigns, that the said grantee, her heirs and assigns,
or one
or more of the first day of August in each year hereafter, the sum of five ($5) dollars
for each let hers conveyed, said sum to be remitted and applied to the said
grantor and her assigns, in her trust account maintained likewise to the
care and maintenance of the road and other portions that may be designated
for public use, and the said sum agreed to be paid yearly until a
house upon the premises hereby conveyed, said sum to be refunded and applied to the said
payment month or year after the same shall become due, it shall be
lawful for the said grantor, her 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 a week for three successive
weeks, and to become the purchaser or purchasers at said sale.
To have and to hold the aforesaid premises with all the rights, privileges
and appurtenances thereunto 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 a parcel of land or any
part thereof, said grantee, her heirs or assigns, shall give ten 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 her heirs or assigns.
2. The above conveyed premises shall be used only as a site
page 2
308 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 plan and no portion of any building or dwelling house (porches included)
shall encroach the street or street or occeas front nearer than said building
line, nor shall any building of any matter or kind whatsoever approach the
side lines of the lots or lots more than five feet therefrom; no livestock garage
or other outbuildings or buildings shall be erected therein; dwelling house budget
on said lot or lots shall cast when completed, not less than one thousand
dollars on lot numbered 75; all toilets, baths, kitchens or other drains or
sewage outlet shall be a suitable septic system to be constructed and
maintained on the above premises by the grantee, 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 will in
any way obstruct the view from any part of any adjoining property or
any dwelling place in this colony; shrubs however may be permitted.
4. No poultry, swine, cattle, sheep, horses, dogs or cats or
any other noisy, offensive animals or birds shall be kept or
permitted to be kept on said premises.
5. The grantee, her heirs and assigns, reserves the right to enter
upon the above described and conveyed premises to lay any pipe
outlets or pipes, or to repair the same, 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 or
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 indenture and purchase 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 that he or they may seize and possess himself or themselves of the estate
hereby granted and all right title and interest hereby conveyed shall be
forfeited void 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 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 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
will and his heirs, executors and administrators shall warrant and
page 3
defend that same to the paid grantee, her heirs and assigns from any against the lawful
claims and demands of all persons except as aforesaid. And for the consideration
aforesaid I, Plattie M. Thorpe, do hereby release all my right of dower in and to the
said granted premises unto the said grantee, her heirs and assigns forever.
In witness whereof, we have hereunto set our hands and seals this 22nd day
of July in the year of our Lord one thousand nine hundred and twenty six.
Signed & sealed in the presence of
R. E. Traines
Howard E. Thorpe LS
Plattie M. Thorpe LS
State of Rhode Island
County of Providence
On this 22nd day of July A.D. 1926, before me personally
appeared Howard E. Thorpe and Plattie M. Thorpe, to me known and known by me
to be the parties executing the following instrument, and acknowledged said
instrument by them executed to be their free act and deed.
Rogers E. Traines
Notary Public LS
Received for record August 2, 1926 at 9-10 o'clock this
and recorded by George E. Ames, For clerk
Know all men by these presents That Howard E. Thorpe, of the
town of North Johnston, county of Providence and state of Rhode Island, hereinafter called
the grantor, in consideration of the sum of one dollar and other valuable considerations paid
by premise’s receipt hereof of the party of aforesaid hereafter called the grantee the
receipt whereof I hereby acknowledge have hereby granted, bargained sold and
convey unto the said grantee, her heirs and assigns forever, a certain
tract or parcel of land situate and being in the town of North Johnston, in said
county of Providence browned and described as follows to wit: said lot number
three (3) as shown and delineated on a certain plat or map entitled "Plan of
Improvements Leamington Road, North Johnston R.I., drafted by Traines, Inc.
roughly facing to the north, DeForrest, Roger and Roger Engen’s Property 100'
1926' northern plat being on lot 2 in the form of the foundation office in said town of
North Johnston The said grantee, her heirs and assigns shall have the right to
pass and repass and use the way from and to and to laid lot or tract on foot or
on horseback, over and across three certain rights of ways or roads as shown
on said plat as well as plat leading the public highway and as well the rights of way
leading to the beach and use the right of way leading from the road to the beach
water front and any other portions of said parcel not within right hereafter be
designated for public way: the said grantee for herself her heirs and assigns,
hereby covenants and agrees to and with the said grantor, his heirs and
assigns that the said grantee, her heirs and assigns shall and shall