The instrument's own words
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322
all my right of dower in and to the paid granted premises unto the said
grantee and his heirs and assigns forever.
In witness whereof I have hereunto set my hand and seal this 7th day
of August 1926
Signed and sealed in presence of
Josiah T. Jonas
Andrew B. Davis
Jonah own Herbert L.S.
Lillian E. Herbert L.S.
State of Connecticut
County of New London,
Ss.
I, a notary public on the 7th day of August, A.D. 1926 before me
personally appeared Jonah own Herbert and Lillian E. Herbert, husband and
wife, to me known and known to me to be the parties executing the
foregoing instrument and have acknowledged said instrument by them
executed, to be their free act and deed.
Andrew B. Davis L.S.
(L.S.) Mary Pathes
State of Connecticut
my commission expires January 31st 1928
Received for record August 10, 1926 at 9:30 State Star
and recorded by pledge to Lorres, Tom Kelleh
Know all men by these presents that Manuel E. Thorpe,
of the town of Westerly, County of Washington and State of Rhode Island hereinafter
called the Grantor in consideration of the sum of $10.00 and other valuable considerations
paid by Isabella E. Travis and Matthew R. Travis of Northampton, county of Hampshire and
State of Massachusetts, hereinafter called the Grantee the receipt whereof is hereby acknowledged,
does hereby grant, bargain sell and convey unto the said Grantee and his
heirs and assigns forever, a certain piece or parcel of land situate and lying in the
town of Westerly, in said county of Washington, bounded on the North by a stone wall
and boundary line enclosed with a fence at the stone and delineated on a certain plan or
plat entitled "Plan of Town of Westerly Beach Block, Location R.D., Thorpe's Grantee
Lot, equals right way to the beach on Lot 10, 1926" thence East along "said plan" and
on parcel belonging to the said Grantee in the town of Westerly, to the said
Grantee, his heirs and assigns, shall have the right to pass and repass and form
and reform and to pass over lot 10 or otherwise, over, on or across those
certain rights of way or paths or alleys in said plan or filed leading to the beach including
and as well the rights of way leading to the beach and other the right of way leading
from the road in the beach under sand and other portions of beach which
might hereafter be designated for public use the said Grantee, for himself
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his heirs and assigns, hereby covenant and agree to and with the said beanuter, his heirs and
assigns that the said beanuter his heirs and assigns, will and shall pay to the said beanuter,
his heirs and assigns, on or before the first day of August in each year hereafter, the sum of
Five (5) dollars for each lot hereby conveyed, said sum to be referred and applied by the said
beanuter, his heirs and assigns, instead of and in lieu of incidental declination to the care and maintenance
of the roads and other publick pathways that may be designated for publick use, and that said sum agreed
to be paid are solely made a lien and charge upon the premises hereby conveyed, and as
case of the failure to make any payment within one year after the same shall become
due, it shall be lawful for the beanuter, his heirs and assigns, to sell and convey, the
premises or piece of land, first some notice of such sale in some newspaper published
in and county of Washington, at least once each month for three successive months, and to recover
the premises or parcels of land, the aforesaid
sums and to sell the aforesaid
premises, with all the rights, privileges and appurtenances thereunto belonging, with and
to the use of the said beanuter his heirs and assigns forever, subject however to the following
conditions and restrictions namely:
1. In case of a condition of plot or parcel of said lot or parcel of land or any part
thereof, said beanuter, his heirs and assigns shall be given ten days notice in writing and shall
have the first right to purchase the same with the building and improvements
thereon at the highest price first made in good faith made and actually offered to the
said beanuter his heirs or assigns
2. The above conveyed premises shall be used only as one site for one dwelling
house or on each family dwelling unit which dwelling house shall be erected on the premises
in accordance with the building line as shown on map or deed plat and no portion of any
building or dwelling house (Porch included) shall approach the street or place or
ocean front more than said building line, nor shall any building of any materials
or dens of shelters approach the above lines the distance of ten feet from the line
frontage, detached garages or other outbuildings or buildings shall be erected than
dwelling house erected on said lot or lots shall comprise when completed not less than
one thousand (1000) sq ft on lot numbered 106, all wells, basins, cisterns or other
drains or sewage outlet shall be piped to a suitable cesspool to be constructed
and maintained on the above premises by the beanuter, his heirs and assigns, at his
own cost and expense,
3. No division or subdivision lots main hallways, hedges or fences shall be permitted, mortar
of any kind, any other structure (except the dwelling house) that shall in any way obstruct
the view from any part of any adjoining property or any dwelling place in
this colony, horses, mules overstalls and organelles shall be permitted
4. No poultry swine, cattle, merry a porcine dogs or cats or any other
mostly or obnoxious animals animals or birds shall be kept or permitted to be kept on said premises
The beanuter, his heirs and assigns, reserve the right their successors whom the
above described premises premises may pay any rights options or rights to rehire
the same, always leaving the premises in as good condition as when entered,
4. It is hereby further covenanted, understood and agreed by
and between the parties hereto that all the aforesaid conditions, covenants
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and agreements on the part of the said grantee his heirs and assigns or on his
heir, 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 will
and indenture that in case of any violation of the above conditions or covenants
on the part of said grantee or his heirs or assigns, that the title and fee to said
premises shall revert to the said grantor his heirs and assigns, and he or they
may repossess himself or themselves of the said hereby granted and all
right title and interest hereby conveyed shall be forfeited cancelled and subject
terminate for himself and himself. The said grantor his heirs, executors and assigns
covenant warrants with the said grantee his heirs and assigns that he is lawfully
seised in fee simple of the said granted premises; that the same are free
from all encumbrances rights 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 his heir and assigns shall by these premises 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 his
heirs and assigns against the lawful claims and demands of all
persons whatsoever. And for the consideration aforesaid,
I, Noble M. Thorp, do hereby release all my right of dower in and
to the said granted premises unto the said Thrasher and his heirs and
assigns forever.
In witness whereof, we have hereunto set our hands and seals
this 31st day of August in the year of our lord one thousand nine hundred
and twenty five.
Executed in the presence of
R. E. Cranes
Howard E. Thrasher L.S.
Noble M. Thorp L.S.
State of Rhode Island
County of Washington
I, R. Cranes, on the 31st day of August A.D. 1925 before me
personally appeared Howard E. Thrasher and Noble M. Thorp, to me known
and known by me to be the parties executing the foregoing instrument and
acknowledged had instrument by them executed to be their free act and deed.
Rogers E. Cranes
Notary Public L.S.
Received for record August 13th 1926 at 9:15 o'clock AM,
and recorded Florence B. Moore, Town Clerk
The page as recorded
