11/1/1927 · DEED · book 23 page 98 doc 8302

98 Witness our hands this 24, day of October, AD 1927 R. E. Traver Harry S. Bolles L.S. Enid D. Bolles L.S. State of Rhode Island County of Washington In Westerly on the 24th day of October AD 1927 before me personally appeared the above named Grantors, to me known and recognized by me to be the parties executing the foregoing instrument, and they acknowledged said instrument to be their free act and deed. Rogers E. Traver Notary Public L.S. Recorded in book 1711, 1.927 at 3-30 o'clock P.M. and received by Keasage G. Bosch, 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 Harry S. Bolles of Westerly, County 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 to his heirs and assigns forever, a certain tract or parcel of land situate and lying in the town of Charlestown, in said county of Washington, bounded and described as follows to wit, lot number twenty three (23) as shown and delineated on a certain plan or plat entitled "Plan of Improving shoreline Beach Charlestown, R. & Thorp Traver Notary Public, dated feet to the north, October 24th, 1927; Road and river, East, April 10th 1925" said plan is a plat being on file in the Town Clerk's office in said Charlestown; the said Grantee to him and his heirs and assigns shall have the right to pave and repair and from time to time to put hut or tract of post or otherwise, on, or about aforesaid certain right of way or road or paths 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 road to the fresh water pond and any other portions of said plat which may 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, shall 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 appended and applicable to the said grantor, his heirs and assigns, in his and their uncontrolled discretion to the care and maintenance of the roads and other portions that may be designated for public use, and the said sums agreed to be paid are hereby made 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 in subtitle auction, first giving notice of sale same in some newspaper published in said county of Washington, at least once each week for three successive weeks, and to become the purchaser or cause to purchase said sale, To have and to hold, the above granted premises, with all the rights, privileges, appurtenances thereunto attached 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 conditional sale of said lot or parcel of land or any part thereof by said grantor, his heirs or assigns argment shall be given due 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 offered and actually offered to the said grantor or his or assigns. 2. The above conveyed premises shall be used only as a site for one dwelling house on each lot hereby conveyed, no other 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 the street or streets or ocean front nearer than said building line, nor shall any building of any nature kind and whatsoever encroach the side lines of the lot or lots nearer than four feet therefrom, no detached garage or other outbuilding or buildings shall be erected therein. Dwelling house erected on said lot or lots shall cost when completed not less than two thousand dollars on lot number 3; all toilets, baths, kitchens or other drains or sewage outlet 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 own cost and expense. 3. No thereon or inside walls hedges or fences shall be permitted, nor trees of any kind, nor anything (except the dwelling house) that shall in any way extend the lines from any part of any area adjoining property or cause dwelling places in their colony, shrubs flowers etc acceptable shall be permitted. 4. No poultry, swine, cattle, horses or vicious dogs or cats or any other noisy or objectionable animals or birds shall be kept or permitted to be kept on said premises.

100 5. The grantor, his heirs and assigns, reserve the right to enter upon the above described and conveyed premises to lay any pipe water outlets or pipes, or to repair the same, always leaving the premises in as good condition as when entered. 6. It is nearly further covenanted, understood and agreed by and between the parties first above all the aforesaid conditions, covenants, and agreements on the part of the said grantor, his 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 sale and purchased that in case of any violation of the above conditions or covenants on the part of said grantee or his heirs or assign, that the title and fee to said premises shall revert to the said grantor, his heirs to assign, and he or they may repossess himself or themselves of the estate hereby granted and all right title and interest fully enjoyed, shall be forfeited and cease and terminate. The said Grantor to himself, his heirs executors and administrators, covenant with the said Grantee, his heirs and assign, that said Grantee is lawfully seized in fee simple of the said granted premises; that the said are free from all incumbrances right or adverse claims 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 yet present all times hereafter peaceably and quietly have and enjoy the said premises, subject as aforesaid, and that the said grantor will and his heirs, executors and administrators shall warrant and defend the same to the said grantees, his heirs and assigns, forever against the lawful claims and demands of all persons whatsoever. And for the consideration expressed herein to them, do hereby release all and right of owner in and to 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 20th day of October in the year of our lord one thousand eight hundred and twenty seven, Executed in the presence of R. S. Framer Howard E. Thorpe L.S. Hattie M. Thorpe L.S. State of Rhode Island County of Washington I, R. S. Framer, on the 20th day of October A.D. 1827 before me personally appeared Howard E. Thorpe and Hattie M. Thorpe, 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. Framer Notary Public, lod. Recorded in deed book, tom 4, p 327 ad 3.30 Octob 24th, and recorded by George G. Cox, Town Clerk