The instrument's own words
page 1
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 Prince W. Potter of Providence, County
of Providence and State of Rhode Island hereinafter called the grantee, the
receipt whereof hereby fully acknowledged, doth hereby give, grant, bargain,
sell and convey, unto the said grantee, and his heirs and assigns
forever, a certain lot or parcel of land situate and lying and being in the Town
of westerly, in said County of Washington, bounded and described
as follows, to wit: North bounded eight yards and eighty nine rods
on stream and delineated on a certain plan to plot entitled "Plan of
Drummonds boundary parcels, Providence, Rhode Island, J. H. Thorp's Leasehold, Approximate,
eighty feet to the North, Refer. Potter, 1956, Rose and Sons Engrs, Reviewed
November 10, 1925" said plan or plot being on file in the Town Clerk's office
in said Town of westerly. the said grantee, his heirs and assigns,
shall have the right to have free and refuse to and from and front and
to said lot or tract on street or thorough others, over, on and across their certain
rights of way or roads as shown on said plan or plot leading to the
Public highway and any other rights of way leading to the beach
and also that right of way leading from the beach to the fresh water pond
and any other portion of said plot which might hereafter be designated
for public use. the said grantee, for himself his heirs and assigns,
hereby covenants and agrees to and with the said grantor, his heirs
and assigns, that the said grantee, his heirs and assigns, will and
shall pay to the said grantor, his heirs and assigns, on or before
the first day of August of each year hereafter, the sum of Five
($5) dollars for each lot hereby conveyed and said sum is to be received and
applied by the said grantor, his heirs and assigns, in his and their
unrestricted discretion to the care and maintenance of the roads and
their portions that may be designated for public use. and the said
grantee agreed to be held hereby and hereby make 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 in some
newspapers published in said County of Washington, at least once each
month for three consecutive months, and to cause the purchaser or purchasers
ad solve all.
To have and to hold, the aforesaid premises,
with all the rights, privileges and appurtenances herento belonging unto
and to the use of the said grantee, his heirs and assigns forever; subject
however to the following conditions and restrictions, namely:
1. 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
page 2
80 ten days notice in writing and shall have the first option to
purchase the same with buildings and improvements thereon at the
highest bona fide price in good faith made and actually offered
to the said granite or his heirs or assigns,
2. The above 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 ground 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 open space nearer than said building line
nor shall any building of any nature or kind hereinafter introduced approach
the side lines of the lot or lots nearer than four feet therefrom;
no detached garage or other outbuilding or buildings shall be erected
thereon; dwelling house erected on said lot or lots shall cost when
completed not less than one thousand (1000) dollars or lots numbered
88, 89, 90 all toilets, baths, kitchen or other drains or
sewage outlets shall be unite to a suitable cesspool to be constructed
and maintained on the above premises by the granter his heirs
and assigns, at his or their own cost and expense.
3. No division or line walls, hedges or fences shall be permitted
on any tree of any kind nor anything (except the dwelling house)
that shall in any way obstruct the view from any part of any
adjoining property of any dwelling made in this colony; shrubs,
flowers and vegetables shall be permitted.
4. No poultry, swine, cattle, goats or vicious dogs or cats or
any other stray or domestic 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 utilities or pipes, to trim trees pain the same, always promising that
premises in a 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 agreements on the part of the said grantor, his heirs
and assigns, or his 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 grantee, or his 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 repossess himself or
premises of the estate hereby granted and all rights and
interest hereby conveyed shall be forfeited and void and terminated
page 3
The said grantor for himself, his heirs, executors and administrators, covenants
with the said grantee, his heirs and assigns, that he is lawfully seized in
fee simple of the said granted premises; that the same are 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 as aforesaid;
that the said grantee and his heirs and assigns, shall be there present
at all times peaceably quietly and quietly have and enjoy the said
premises subject as aforesaid and that the said grantor still and his
heirs, executors and administrators shall warrant and defend the
same to the said grantee, his heirs and assigns forever against the
lawful claims and demands of all persons except as aforesaid,
And for the consideration aforesaid J. Hattie M. Thorp, do hereby,
release all my right of dower in and to the said granted premises
unto the said grantee, and his heirs and assigns forever.
In witness whereof, we have hereunto set our hands and seals
this 28th day of September in the year of our Lord one thousand nine
hundred and twenty seven.
Executed in the presence of
Howard E. Thorp L.S.
Hattie M. Thorp L.S.
R. G. Frames
State of Rhode Island
County of Washington
I, On Natalie on the 28th day of September, A.D. 1927, before me
personally appeared Howard E. Thorp and Hattie M. Thorp, to me
known well and known by me to be the parties executing the foregoing
instrument, and acknowledged said instrument by their signatures to
be their free and voluntary deed.
Rogers E. Frames
Notary Public L.S.
Received for record Sept 28, 1927 at 9.10 o'clock A.M.
and recorded by George B. Cozad, Town Clerk
Know all men by these presents that Howard E.
Thorp of the town of Narrashawtt, county of Washington and State of Rhode
Island, hereinafter called the grantor, in consideration of the sum of One Dollar
and other valuable considerations paid by him Dr. Di Cristo, of the town of
Narrashawtt aforesaid, hereinafter called the grantee, the receipt whereof is
hereby acknowledged hereby give grant bargain sell and
convey unto the said grantee, his heirs and assigns forever,
a certain tract or parcel of land situate and being in the town of