The instrument's own words
page 1
defend that same to the paid grantee, her heirs and assigns from all 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 sell 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 beach Road, North Johnston R.I." drawn by Rogers E.
Traines lawyer, opposite
rightly facing to the north, DeFofa 1926. Rogers E. Traines Engr. Recorded 1926,
1926 plat book 4 page 156 being in the town of North Johnston 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 said lot or tract on foot or
on horseback, or on vehicle, and across three certain rights of ways or roads as shown
on said plat as leading the public highway and likewise all 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
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310 pay to the said beauty, his heirs and assigns, on or before the first day of
August in each year hereafter, the sum of four (4) dollars for each lot hereby conveyed,
said sum to be disbursed and applied by the said beauty, 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
beauty agreed to be and fully responsible make all assessments and charges on the premises
hereby conveyed, and in case of the failure to make any payment whenever same are
due after the same shall become due, it shall be lawful for the beauty,
his heirs and assign to resell 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 purchasers of said sale. To have and to hold,
the above described premises with all the rights, privileges and appurtenances
thereunto belonging, unto and to the use of the said beauty, his heirs and
assigns forever, subject however to the following conditions and restrictions namely:
1. In case of a contingent sale of any lot, parcel of land or
any part thereof, said beauty, his heirs or assigns, shall begin ten days
notice in writing and shall have the first option to purchase the said
with the building and improvements thereon at the highest bona fide
price in cash made and actually offered to the said beauty, his heirs
or assigns.
2. The above conveyed premises shall be used only 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 plat, and no portion of any building or dwelling
house (porch included) shall encroach the street to streets or ocean
front measures than said building line, nor shall any building of any
nature or kind extend beyond the side lines of the lot by name
than five feet therefrom in detached garage or other furnishing or building
shall be erected thereon, dwelling houses erected on says lot or lots shall
cost not less than two thousand dollars on lot
numbers 3, 4, total bath, kitchen or other drains or sewage outlet
shall be piped to a suitable cesspool to be constructed and maintained
on the above premises by the beauty, his heirs and assigns, at his
or their own cost and expense.
3. No swimm or lawn walls, hedges or fences shall be permitted
in front of any lot (except the dwelling house) that shall
in any way obstruct the view from any part of any adjoining property
or any dwelling house in two story, porches, flower beds and vegetable
be permitted.
4. No poultry, swine, cattle, monkey 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.
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5 The grantor, his heirs and assigns, reserve the right to enter upon the
above described and conveyed premises, to lay any piles culverts or pipes or to repair
the same, always leaving the premises in as good condition as when entered.
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 grantor, his heirs and assigns or on the part of their party 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 considerations of this sale and purchase that in
case of any violation of the above said covenants and covenants on the part of said
grantor or 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 rights, titles and interest
thereby conveyed shall be forfeited cancelled and terminated. The said
grantor furtherly warrants his heirs successors and administrators, covenants with
this said grantee, his heirs and assigns that the same is lawfully assigned in fee
simple of the said granted premises; that the same are free from all
encumbrances whatever as a grantee; that he has good right full power and
lawful authority to sell and convey the same in manner as aforesaid,
that he said grantee and his heirs and assigns shall by these presents at all
times hereafter peacefully and quietly have and enjoy the said premises, subject
and save that the said grantor, his heirs successors and administratively
shall warrant and defend the same to the said grantee his heirs and assigns forever
against the lawful claims and demands of all persons whatsoever
aforesaid. And for the consideration aforesaid I Hattie M Thorp, do
hereby release all my right of owners in and to the said granted premises
unto the said grantee, and his 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.
Executed in the presence of
R. E. Trains. Howard E. Thorp L.S.
Hattie M Thorp L.S.
State of Rhode Island
County of Washington
On this Tuesday, on the 22d day of July AD 1926, before me
personally appeared Howard E. Thorp and Hattie M Thorp, to me known
and known them to be one of the parties executing the foregoing instrument and
acknowledging the said instrument to be their free act and deed.
Rogers E. Traine
Notary Public, L.S.
Received for record August 3, 1926 at 4-18 o'clock pm.
and recorded by George Endicott Town Clerk