9/4/1926 · DEED · book 22 page 350 doc 8125

350 known, known by me one to be the parties executing the foregoing instrument and really acknowledged, said instrument, by them executed, to be their free act and deed. Florence A. Yates Notary Public SS Received for record August 24th 1956 at 9 o'clock AM. and recorded by George C. Collette, Tom clerk [crossed out text] [crossed out text] [crossed out text] [crossed out text] [crossed out text] [crossed out text] [crossed out text] Signed and sealed in presence of [crossed out text] Morris S. Powell By Simon Hall Simon Hall, Deputy Clerk Manager [crossed out text] recorded by: [signature] Tom clerk. Know all MEN by these presents, That Howard E, trusts of the Town of Westerly, County of Washington and State of Rhode Island, hereinafter called the Grantor in consideration of Ten Dollars and other valuable considerations paid by Nora Wellington of State Maine, hereinafter called the Grantee, County and State of New York incorporated hereafter, the receipt whereof is hereby acknowledged, does hereby give, grant, bargain, sell and convey unto the said Grantee and her heirs and assigns forever a certain tract of parcel of land situate and lying in the Town of Westerly, in said County of Washington, bounded and described as follows, to wit Lot number two (2) as shown and delineated on a certain plan or plat "Plan of Incrementally Central Beach, Westerly, R.I. Book 4 Number 12en, Sheet 1, fully referred to in the deed October, 1924 Refer and Loan Engage Deed Book 12, 1925" said plan or plat being on file in the Town Clerk's office in said Town of Westerly; the said Grantee and her heirs and assigns shall have the right to pass and repass to and from said lot and from to said lot by boat in foot or otherwise over an easement over those certain rights of way road or street on said plan or plat leading to the public highway, and as well the right of way leading to the beach and also the right of way leading from that 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 bind with

the said grantor, his 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 year hereafter, the sum of five (5) dollars for each lot hereby conveyed, said sum to be expended and applied by the said grantor, his heirs and assigns, in their full and unrestricted discretion to the care and maintenance of the roads and other portions that may be designated for public user, and the said sums agreed to be paid are hereby made a lien upon those portions of 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 the 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 month for three successive months, and to become the purchaser or purchaser at such sale. To have and to hold the aforegoing premises with all the rights, privileges and appurtenances thereunto belonging into and for the use of the said grantee, her heirs and assigns forever, subject however to the following conditions and restrictions, namely: 1. In case of any cumulative sale of said lot or parcel of land or any part thereof, said grantor his heirs or assigns shall be given 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 grantee or her heirs or assigns. 2. The above described 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 plan as shown on said plat, and no portion of any building or dwelling house (porch included) shall approach the street or streets or ocean front more than twenty (20) feet from said building line, nor shall any building any accessory unit or house of reference approach the side lines of the lot or lots more than ten feet from them; no detached garage or other outbuilding or building shall be erected thereon; dwelling houses erected on said lot or lots shall not exceed one story combined not less than ten (10) feet off let lots on each side; all toilets, septic systems or other drains or cesspools shall be fitted to a suitable cast iron pipe to be constructed and maintained on the above premises by the grantee, her heirs and assigns, at her own or their own cost and expense. 3. No tavern or dance hall, beauty parlor or stores shall be permitted, nor trees of any kind, nor anything (except the dwelling house) that shall in any way obstruct the view of the area from any part of any adjoining property or any dwelling place in this area; shale floors and flagstones shall be permitted. 4. No poultry, swine, goats, cattle, horses or means pigs or cats nor any other muzzy or domesticated 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 pipe onto

352 or pipes, or to repair the same, always leaving the premises in as good condition as when entered. In witness that all the aforesaid conditions, covenants and agreements on the part of the said Grantee, for her heirs and assigns or her alone 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 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 he or they may represent himself or themselves of the estate hereby granted and all rights title and interest hereby conveyed shall be forfeited and cease and terminate. The said Grantor for himself his heirs executed and administration 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 cut 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 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 and his heirs executors 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. And for the consideration aforesaid of $1.00 paid in hand, do hereby release all my rights of dower in add to the said granted premises with the said Grantee, and her 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 four. Executed in the presence of R. E. Trainer Howard S. Hoope L.S. Hattie M. Hoope L.S. State of Rhode Island county of Providence In Providence on the 27th day of July, A.D. 1924 before me personally appeared Howard S. Hoope and Hattie M. Hoope 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. Trainer Notary Public L.S. Received for record Sept. 4, 1924 at 10 o'clock A.M. and recorded by George Latross Tome book