The instrument's own words
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325
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 grantor, in consideration of Ten Dollars currency and other valuable consideration
paid by William S. Saper and Louis A. Burke, husband and wife as joint tenants
and buyers in common meaning the survivor, both of the city of
Providence, county of Providence, and commonwealth of massachusetts hereinafter
called the grantees, the said grantor is hereby acknowledged, does hereby grant,
grant bargains sell and convey unto the said Grantees and their heirs and assigns
forever a certain lot or parcel of land situate and being in the Town of Westerly, in
said county of Washington, bounded and described as follows, to wit Lot
number one hundred twenty four (124) at shore and delineated on a certain plan
or plat related thereto Plan of beachfront coastal beach, charleston, R.I. Josh F
transcribe, draa, legible right line to the west, (Cotter, 1924) Roger and Louis
Burke around clockwise to 1123 said land or part thereof being on file in the town clerks
office in said town of Westerly, the said grantees their heirs and assigns shall
have the right to pass and repass to and from and form and to said lot or tract
on foot or steamer, vessel, or on and across other rights of way or roads at
shore or on said land or part thereof in the public highway and are held the rights
of way leading to the beach and also the right of road leading from the road to the
fresh water marshes and any other portions of said lot which hereafter he
designated for public use; the said grantor for himself their heirs and assigns waive
hereby covenant and agree to and with the said grantees their heirs and assigns,
that the said grantees their 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 year
henceforth, the sum of First (1$) dollar for each lot hereby conveyed, said sum to be
preferred and applied by the said grantor his heirs and assigns, in her and their
uncontrolled discretion to the construction and maintenance of the roads and other
portions that may be designated for public use, and the said grantor agreed to
keep and hereby made clean duly clear upkeep on his premises hereby conveyed,
and in case of the failure to make and payment within one year after the
same shall become due, it shall be lawful for the grantor his heirs and assigns to
sell and convey the premises by public auction, just giving notice of said
sale in one newspaper published in said county of Washington, at least once
each month for three successive weeks, and to become the purchaser or
purchaser at all said sale.
To have and to hold the above described
premises, with all the rights ways privileges and appurtenances thereunto belonging,
unto and to the use of the said grantees their heirs and assigns forever, subject
however to the following conditions and restrictions, namely:
That 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 thirty 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 grantees or their heirs or assigns.
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326 The above conveyed premises shall be used only as a site for one
2. dwelling house or 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 (porch included) shall approach the
street or streets or roads front more than said building line, nor shall any building
of any nature or kind whatsoever approach the side lines of the lot other
than five feet therefrom; no detached garage or other outbuilding or buildings shall
be erected other than dwelling house erected on said lot or lots shall when
complete not rise more than one (1) story thousand square on lot numbered
134; all footings, foot drains or other drains or average wall shall be subject to
a suitable cap and shall be constructed and maintained on the above premises
by the grantees, their heirs and assigns, at their own cost and expense.
3. No diversions or live walls, hedges or fences shall be permitted, nor
eves of any kind, and nothing (except the dwelling house) that may in any
manner obstruct the view from any part of any existing property or any dwelling
place in this colony, town, village, place and state shall be permitted.
4. No poultry, swine, cattle, goats or dogs, sheep or cats or any
other noisy or offensive animals or birds shall be kept or permitted
to be kept on said premises.
5. The grantees, their heirs and assigns, reserve the right to enter
upon the above described and conveyed premises to lay any pipe or install 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 requirements
of the part of the said grantors, their heirs and assigns, on their or their part,
to be kept and performed, shall attach to and remain with the land hereby conveyed;
it is further agreed and made a part of the consideration of this sole and
purchase that in case of any violation of the above conditions or covenants on
the part of said grantors or their heirs or assigns that the title and fee to said
premises shall revert to the said grantors, his heirs or assigns and he or they
may, recover hereby or therefore of the state hereby executed and all right,
title and interest hereby conveyed shall be forfeit and clear and terminate.
The said grantors for himself, his heirs, executors and administrators covenants
with the said grantees their heirs and assigns, that he is lawfully seized in fee
simple of the said grants premises, that the same are free from all encumbrances,
except as aforesaid, that he has great right full power and lawful authority
to sell and convey the same in manner as aforesaid, that the paid grantees and
their heirs and assigns, shall by these premises at all times hereafter peaceably
and quietly have, hold and enjoy the said premises subject as aforesaid, and that he
the grantor will and his heirs, executors and administrators shall warrant and
defend the same to the said grantees their heirs and assigns forever against the
lawful claims and demands of all persons except as aforesaid. And
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327
for the consideration aforesaid, I, Hattie M. Throop, do hereby release all my right of dower
in and to the said granted premises unto the said grantees and their heirs and assigns
forever.
In witness whereof, we have hereunto set our hands and seals this 27th day of
July in the year of our Lord one thousand nine hundred and twenty six,
Signed, sealed and delivered in the presence of
R. E. Craniles Howard E. Throop L.S.
Hattie M. Throop L.S.
State of Rhode Island
County of Washington
On this 27th day of July, A.D. 1926, before me personally
appeared Howard E. Throop and Hattie M. Throop, 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 seal.
Rogers E. Craniles L.S.
Notary Public
Received for record August 14, 1926 at 9:20 o'clock a.m.
and recorded by George W. Carter Town Clerk
To All Persons to whom these presents shall come: I, Howard E. Throop of
the town of Coventry, county of Washington and state of Rhode Island, in my
capacity of commissioner as hereinafter set forth Send Greeting;
Whereas, the Providence Superior Court acting for the said county of
Washington did on the 27th day of July, A.D. 1926, enter a decree in a cause in
Equity then pending in said court between Bertha Green et al., and the
Complainants, bud Mayou, trustee of all, as the defendants (said cause
being Coventry pr. 209) directing that partition of certain lands (tenements,
premises and pastures) mentioned and described in the Bill of Complaint
in said cause, and hereinafter more particularly detailed be made by a
sale at public auction at Public Gardens, and did in said decree appoint
me, the said Howard E. Throop as commissioner, to make sale of the several parcels
of real estate described in said Bill of Complaint, at Public Auction,
severally, and on the said several premises respectively described in said
Bill of Complaint, specifying that the second tract bounded and described
secondly under "A" in the sixth paragraph in said Bill of Complaint be
sold in the first tract bounded and described firstly under "A" in said
sixth paragraph, on the same day and immediately after the sale of
the said first tract and further to advertise said sale and sales
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