The instrument's own words
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519
Westerly, R.I. May 26, 1927
In consideration of the sum of $10.00 to hone, paid by Charles Burdick, I hereby
agree to bind to the 2nd day of May A.D. 1935, the time within which he or his nominees may
elect to accept any one piece in accordance with receipt and agreement regarding
said the one piece of certain land in the Town of Foster, Rhode Island, the dated May 2, 1927 fair
receipt and agreement having been given by me to said Burdick) In case of
electing to accept conveyance in accordance with said receipt and agreement as so stipulated
the said sum of $10.00 is to be applied as on account of the purchase price and in
case it shall prove that I am unable to convey full title as provided in said
agreement I agree to return to said Burdick said sum of $10.00
Emma T. H. Corrandall
Received and recorded June 29th 1927 at 2 o'clock Am
and recorded by Henry S. Cozzens, Town Clerk
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 ($10) dollars and other
valuable considerations paid by Raymond A. Idle of the Town of Westerly,
of Washington and State of Rhode Island hereinafter called the grantee the
receipt whereof is hereby acknowledged, does hereby give, grant, bargain sell
and convey unto the said grantee and his heirs and devises forever,
a certain lot of parcel of land situate and being in the Town of Foster, town
in said County of Washington bounded and described as follows to wit:
lot number eight (8) as shown and delineated on a certain plan or
plot entitled "Plan of Encampment Central Beach, Foster town,
Rhode Island," dated June 1, 1924 right boundary to the north October 1922
and Dewitt Enger, said plan or plat being on file in the Town Clerk
office in said town of Foster then the south boundary the his heirs and assigns
shall have the right of pass and appear to and from and to said lot or
lot on foot or by automobile, over and on such certain rights of
way or roads as shown 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 the beach to the fresh water pond and any
other pathway of said plot which might hereafter be designated for public
use the said grantee for himself and his assigns duly exempt
and agrees to and with the said grantor, his heirs and assigns, that the said
grantee, his heirs and devisees, shall 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
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520
his heirs and assigns in his and their uncontrolled discretion to the care
and maintenance of the roads and other public ways that may be designated for
public use, and the said sums agreed to be paid are agreed to be hereby made a lien and
charge upon the premises hereby conveyed and in case of any of the parties fail to make
any payment therein within six years after the same shall become due, I shall be
liable for the amount to his heirs and assigns, to all and every cost. The premise
at Pawtucket location, first giving notice of such sale in some newspaper published in
said county of Providence, by at least one each week for three successive
weeks, and to become the auctioneer or journeyman at said sale.
To have and to hold the aforesaid granted premises, with all the rights, privileges
and appurtenances thereto belonging, unto and to the use of the said grantees,
their heirs and assigns forever, subject however to the following conditions and
restrictions, namely:
1. In case of any contradictory sale of said lot or lots parcel of land or any part
thereof, said grantor, his heirs or assigns shall be given day notice of its
meeting 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 grantor or to his heirs or assigns.
2. The block conveyed 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 line as shown on said
plat and no portion of any building or dwelling house (porch included)
shall encroach for said street or ocean front beyond that said building
line, nor any building of any nature or kind whatsoever approved
the side lines of the lot or lots hereby first pre-recorded, no detached
garage or other auxiliary or building shall be erected thereon. The dwelling
house erected on said lot or lots shall cost when completed not less than
Two thousand (2,000) dollars estimated, all toilets, baths, kitchens
or other drains or sewage outlets shall be piped to a suitable cesspool to
be constructed and maintained on the above premises by the grantee,
his heirs and assigns at his or their own cost and expense.
3. No division in one large villa, hotel rooms or fences shall be permitted, nor
trees of any kind, nor any anything except the dwelling house trail shall be
any improvement that restricts the view from any adjacent property or
any dwelling house in this lot ones, shrubs, flowers etc botanical shall be permitted.
4. No poultry swine, cattle, sheep or ovines dog or cats or any other
noisy or objectionable animals or others 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 ditcher or pipes, or to
repair the same always leaving the premises in as good condition as when entered.
6. It is hereby further estimated, understood and agreed by and
between the parties hereto that all the aforesaid conditions aforesaid and
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agreements on the part of the said braunlee, his heirs and assigns or his heir or
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 sale and purchase that in case of any violation of the above conditions or
covenants on the part of said braunlee, his heirs or assigns that the title
and fee to said premises shall revert to the said braunlee his heirs or assigns,
and he or they may repossess himself or themselves of the estate hereby granted
and all rights thereunto without hereby ensured shall be forfeited and
terminated. The said braunlee furthermore, his heirs, executors and belease
and administrators, covenants with the said monteith his heirs and assigns that
he is lawfully seised in fee simple of the said granted premises; That his some
are free from all incumbrances whatever aforesaid; that he has good right,
full power and lawful authority to sell and convey the same in manners
as aforesaid that the said monteith and his heirs and assigns shall by
these premises at all times hereafter peacefully and quietly have and
enjoy the said premises subject as aforesaid and that the said braunlee
will and his heirs, executors and administrators shall warrant and
defend the same to the said monteith, his heirs and assigns forever
against the lawful claims and demands of all persons whomsoever as
aforesaid. And for the consideration aforesaid I Hattie M. Thorpe,
thereof, do hereby release all my right of dower in and to the said
granted premises unto the said braunlee, and his heirs and assigns
forever.
In witness whereof, have hereunto set our hands and seals
this 6th day of May in the year of our Lord one thousand nine hundred
and twenty seven.
Executed in the presence of
R. E. Trainer
Howard E. Thorpe L.S.
Hattie M. Thorpe L.S.
State of Rhode Island
County of Washington
In Westerly, on the 6th day of May, AD 1927 before me
personally appeared Howard E. Thorpe and Hattie M. Thorpe, some
known and known by me to be the parties executing the foregoing
instrument, and acknowledged said instrument lib, them executed
to be their free act and deed Seal.
Rogers B. Trainer
Notary Public L.S.
Received for record June, 4, 1927 at 4.30 oclock p.m.
and recorded by George H. Loran, Town Clerk.