10/22/1926 · DEED · book 22 page 382 doc 8146

382 Know all men by these presents, that I, J. Williams & Robinson, of the Town of Eastombia, County of Island and State of Connect- icut, hereinafter called the Grantor, in consideration of ten ($10) dollars and other valuable considerations, to me made by Frank M. Gonsalves and Blanca M. Gonsalves, as joint tenants and as tenants in common and to the survivor thereof, both of Village of Hope Valley, Town of Hopkinton, County of Washington, State of Rhode Island, hereinafter called the Grantee, the receipt whereof is hereby acknowledged, do hereby grant, grant bargain sell and convey unto the said Grantee, and their heirs and assigns forever, a certain tract or parcel of land situated and being in the Town of Eastombia, in said County of Washington, bounded and described as follows to wit: north boundary three ty (30) as storm and delineated on a certain plan or plat entitled "Plan of Improvement, Leavitt Beach, Eastombia, R.I. through 4 sections, free Agents, eighty feet to the west, 1927, North and South lines" said plan or plat being on file in the Town Clerk's office in said Town of Eastombia. The said Grantee, their heirs and assigns, shall have the right to pass and approach and access to and from land using car bot or boat or on foot or on horse, ox, or drive across three certain rights of way or roads as shown on said plan or plat leading to Leavitt beach and also highways and as well the rights of way leading to the beach water front and also any other portions of said plat which on their behalf hereafter be designated for public use; the said roads be usable, for themselves, their heirs and assigns freely apparent and open and used with the said Grantee, their heirs and assigns that the said Grantee, their heirs and assigns, will and shall pay to Howard E. Throck, their heir 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 scheduled and applied by the said Howard E. Throck, their heir and assigns in as their absolute discretion to the care and maintenance of the roads and other things that may be designated for public use, but the said sums agreed to be paid shall be paid monthly, note lines and charge upon the premises duly conveyed and in case of the failure to make any payment within one year after the same due, shall all become due, it shall be lawful for the said Howard E. Throck, their heir and assigns, to sell and convey the premises at public auction, from among brokers of such sale in some newspaper published in said County of Washington, at least one each month for three successive months, and to furnish the purchasers or mortgagees at said sale. To have and to hold the above granted premises, with all the rights, privileges and appurtenances thereunto belonging unto and to the use of the said Grantee, their heirs and assigns forever, subject however to the following conditions and

restrictions, namely, 1. In case of a contemplation sale of said lot or parcel of land or any part thereof, said Howard E. Curtis, his heirs to 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 or in good faith made and actually offered to the said heirs or their assigns, 2. The above described premises shall be used as a site for one dwelling house or each to be lawfully erected, 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) whose shall approach the street or streets or vacant areas than said building line, nor any building of any material or kind whatsoever approach the side lines of lot or lots less than four feet from lest from; no detached garage or other outbuilding s buildings shall be erected thereon; dwelling house erected on lot or lots shall not be constructed not less than one thousand ($1000) dollars on let numbers 322 all lots, baths, kitchen or other garages or passage outlets shall be subject to a certificate to be constructed and constructed on the above premises by the boundaries, their heirs and assigns, at their own cost and expense. 3. No division or low walls hedges or fences shall be permitted, nor trees of any kind, nor any thing (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 Thistles, briars and vegetables shall be prohibited. 4. No poultry, swine, cattle, monkeys or animals dogs or cats or any other noisy or disagreeable animals or birds shall be kept or permitted to be kept on said premises. 5. The said Howard E. Curtis his heirs and assigns reserve the right to enter upon the above described and enjoyed premises to buy any pipe outlet or pipes, or pipes, or to repair the same, always leaving the premises in as good condition as when entered. 6. It is further agreed, understood and agreed by and between the parties hereto that all the aforesaid conditions, covenants and agreements on the part of the party of the second part, their heirs and assigns, on their 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 deed and premises that in case of any certain of the above conditions or covenants on the part of said heirs or their heirs or assigns, that the title and fee to said premises shall revert to the said heirs his heirs or assigns, and he or they may repossess himself and himself of the estate hereby granted and all rights, title and interest therein shall be forfeited and cease and terminate. The said Grantor for himself

384 his heirs, executors and administrators, covenants with the said Grantee, their heirs and assigns, that he is 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 presents at all times hereafter peaceably and quietly have and enjoy the said premises, subject as aforesaid, and that the said seller and all his heirs, executors and administrators shall warrant and defend the same to the said Grantee, their heirs and assigns forever, against the lawful claims and demands of all persons except as aforesaid. And for the consideration aforesaid I Jennie S. D. Robinson, wife of the aforesaid William Ca. Robinson, do hereby release all my right of dower in and to the said granted premises unto the said Grantee and their heirs and assigns forever. In witness whereof we have hereunto set our hands and seal this 10th day of October in the year of our Lord one thousand nine hundred and twenty six. Executed in the presence of Helen E. Sutcliffe William Ca. Robinson L.S. Jennie S. D. Robinson L.S. State of Rhode Island County of Washington In North Kingstown on the 10th day of October AD 1926, before me personally appeared William Ca. Robinson and Jennie S. D. Robinson, to me known and sworn by me to be the parties executing the foregoing instrument, and they acknowledged said instrument, by them executed, to be their free act and deed. Helen E. Sutcliffe Noah Phillips L.S. Received for record October 22, 1926 at 9 o'clock A.M. and recorded by George Larson, Town Clerk