10/13/1926 · DEED · book 22 page 373 doc 8141

before me personally appeared George B. Barnard and Clara E. Barnards to me known and known by me to be all the parties executing the foregoing instrument, and they acknowledged said instrument, by them executed, to be their free act and deed. George B. Barnards Notary Public Received for record Oct 9, 1926 at 8:30 o'clock A.M., and recorded by George B. Barnards, Town Clerk KNOW ALL MEN by these presents, That Ahmad & B. Thork, of the town of Westerly County of Washington and state of Rhode Island hereinafter called the grantor, in consideration of ten ($10) Dollars and other valuable considerations paid by William H. Barnard, and Clara B. Barnards of the city of Providence County of Providence and state of Rhode Island herein- after called the grantees, the receipt whereof is hereby acknowledged, does hereby give, grant, bargain sell, and convey unto the said grantees and their heirs and assigns forever, a certain piece or parcel of land situate and lying in the town of Westerly in county of Washington, bounded and described as follows tract, marked numbers 122 and 123 at shores and delineated in a certain plan or plat entitled "Plan of Dumfounding beach, beachfront, R.I. Thorp & James, June, length eighty feet to the west, Colton, 1974, Dorset, Inc. Nov 10, 1925, Ross and Smith, Engr," said plan or plat being on file in the Town clerk's 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 from and to said lot or tract on foot or otherwise over, on and across certain rights of way or roads as shown on said plan or plat leading to the public highway and as well the rights of way leading to the beach and also the right of way leading from the road to the public water front and any of these portions of said plat which might be obligatory for public use. the said grantor, for themselves their heirs and assigns, 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 pray to the said grantor, their heirs and assigns, on or before the first day of August each year hereafter, the sum of five ($5) Dollars for each lot they occupy and sum to be refunded and applied by the said grantor his heirs and assigns, in his own and their unrestricted direction to the care and maintenance of the roads and other properties that may be designated for public use and the said sums agreed to be paid and hereby

374 create a lien and charge upon 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 as in some newspapers published in said County of Washington, and one each week, for three successive weeks, and to become the purchaser or purchaser at said sale. To have and to hold, the aforementioned premises, with all the rights, privileges and appurtenances thereunto belonging, unto and to the use of the said grantee, his heirs and assign forever, subject however to the following covenants and restrictions, namely, 1. In case of any future sale of said lot or parcel of land or any part thereof, said grantor his heirs or assign, shall be given ten days notice in writing and shall have the right of first refusal to purchase the same with the building and improvements thereon at the highest true bona fide price in good faith made and actually offered to the said grantee or his heirs or assign. 2. The above conveyed premises shall be used only as a site for one dwelling house on each lot hereby conveyed which dwelling home 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 home (porch included) shall approach the street or streets to occur front menace than said building line, nor shall any building of any nature or kind whatsoever approach the side lines of the lot or lots nearer than ten feet therefrom; no detached garage or other outbuilding shall be erected thereon. dwelling home erect in said lot or lots shall when completed not cost less than one thousand ($1000) dollars on lot numbered 122 and one thousand ($1000) dollars on lot numbered 123; all folly baths, kitchens or other drains or sewage outlet shall be fitted for a quite cess pool to be constructed and maintained on the above premises by the owner, their heirs and assigns, at their or their own cost and expense. 3. No division or line walls, hedges or fences shall be permitted. no trees of any kind, nor anything (except the dwelling home) that shall in any way obstruct the view from any part of any adjoining property or any dwelling place in this colony. shrubs, flowers and vegetables shall be permitted. 4. No poultry, swine, cattle, horses, canines dogs, cats or any other noisy or objectionable 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 or outlet or pipes, or to repair the same, always leaving the premises in as good

construction as when entered, 6. It is 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, their heirs and assigns, on their or their's 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 sale and purchase that in case of any violation of the above conditions or covenant on the part of said grantee their heirs or assigns, that the title and the said premise shall revert to the said grantor, their heirs or assigns, and that he or they may, recover him or herself the entire quantity granted and all right title and interest hereby conveyed shall be forfeited due cease and terminate the said grantor for himself, his heirs executors and administrators, covenant with the said grantee, their heirs and assign that he has lawfully seized in fee simple of the said granted premises, that the same are free from all incumbrances 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 their heirs and assigns shall by these premises at all times hereafter peaceably and quietly claim and have the said premises, subject as aforesaid, and that if the said grantor his heirs executors and administrators shall not covenant and defend the same to the said grantee their heirs and assigns against the lawful claims and demands of all persons except as aforesaid. And for the consideration aforesaid I Hattie M. Thorp, do hereby release all my right of dower in and to the said granted premises unto the said grantee their heirs and their assigns forever. In witness whereof, we have hereunto set our hands and seals this 12th day of August in the year of our lord one thousand nine hundred and twenty four. Executed in the presence of R. E. Thaines Armand E. Thorp L.S. Hattie M. Thorp L.S. State of Rhode Island County of Providence Town of Providence Know all men by these presents, on the 12th day of August, 1824, before me personally appeared Armand E. Thorp and Hattie M. Thorp, 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. Thaines Notary Public L.S. Recorded for record Oct 13, 1924 at 9.10 o'clock Town and recorded by George L. Moore Town clerk