7/25/1928 · DEED · book 23 page 245 doc 8394

245 I William J. Macfarlane of the city of Bridgeport county of Fairfield and State of Connecticut for consideration paid, grant to Marian L Macfarlane of Bridgeport aforesaid with warranty covenants, that certain real estate situate in Charlestown County of Washington in the state of Rhode Island, and described as follows: Beginning at the southeasterly corner of the premises hereby conveyed at the start of Sumounding Pond, thence northwesterly and northerly bounded southwesterly and westerly by lot no 14, and the southern extremity of Warren Road so called, thence by deed dated with said Warren Road in a northwesterly direction to the northwest corner of lot 616, bounded northwesterly by said Warren Road, thence southeasterly bounded southeasterly by said lot 616 to the shore of said Sumounding Pond, thence southwesterly and southwesterly lay with the shore of said Sumounding Pond to the point and place of beginning meaning and intending to convey lot 615 and 616, as shown and delineated on a certain plan or plat hereunto marked "Wright house, Charlestown, R.I. Plat delineating plan for location of house lots and roads, Property of William J. Macfarlane Esquire, Pratt and Wilson architects, George W.R. Pond Landscape architect," said plat being duly filed with the land Evidence Records of said town of Charlestown. The said grantee her tenants agents guests heirs and assigns shall have the right to use the right of way leading to and form said premises over and along the proposed highways streets and layouts as shown and founded in and by said plat heretofore mentioned as the same are shown there on and delineated or as they may be altered and changed, and any other land or traffic. The grantor has determined as reserved for community use, or as well to any other god hereafter designated as "set apart for community use". This deed is given with the express condition that the above premises are to be used by the grantee her heirs and assigns for residential purposes, no religion or emotions annals shall be set up or permitted to be kept on or about the premises, or in the building thereon, for a breach or violation of this condition, the grantee her heirs or assigns, may enter and repossess the premises of the estate hereby granted and all right title and interest hereby conveyed shall be forfeited and cease and terminate. I Alice M. Macfarlane wife of the grantor release to said grantee all my right of dower and all that what ever in the said described premises. Witness my hands this 20th day of June, 1928 Wm J. Macfarlane L.S. Alice M. Macfarlane L.S. State of Connecticut County of Fairfield In Bridgeport on the 20th day of June 1928 before me

246 personally appeared William T. Macfarland and Elsie M. Macfarland husband and wife to me known and known by me to be the parties executing the foregoing instrument and they acknowledged said instrument by them executed to be their free and voluntary deed. S. Howard Sweet Notary Public L.S. Received for record July 25, 1928 at 9-20 o'clock A.M. and recorded by George Lakehouse Town Clerk I, William T. Macfarland, of the City of Providence County of Providence and State of Connecticut for consideration paid, grant to Harold E. Macfarland of Providence County and State aforesaid with warranty covenants that certain real estate situated in Bequetown, town of Mashpee in the State of Rhode Island, and described as follows: Beginning at the Northeast cor. of :—: of the Premises newly erected on the Southerly side of Smokeh Road as called thereon, thence Easterly by the said Smokeh Road bounded Northly by the same to the Northeasterly corner of Lot E, 3; thence Southerly and thence Easterly to the westerly boundary of Lot E, 4; bounded Easterly and, Northly by Lot E, 3; thence Southerly bounded Easterly by Lot E, 4, to the street of Evergrowing Vine; thence Northerly, bounded and Northly by and with the whole of said Road to the Northeasterly cor. of Lot E, 3; thence Eastnortheastly bounded Westerly by Lot E, 2, to the point and place of beginning, meaning and intending to convey Lot E, 3 as shown and delineated on a certain plan or plat entitled "Wingate home, Bequetown, R.I. Preliminary plan for location of noble lots, and roads Property of Nelson W. Macfarland Engine Build and Construction Contractor Bruce P. Pond Landscape Architect" Said Plat being duly filed with the said Land Evidence Records of said town of Bequetown, The said grantee, heirs, agents, quarts, heirs and assigns shall have the right to use the right of ways leading to and from their premises over and along the preferred highways, streets and alleys as shown and provided in and by said plan/plat as hereinbefore mentioned, in the same as they are shown and delineated or as they may be altered and changed, and any other lot of land which the frontiers has designated as reserved for community use, or as well to any other area hereafter designated as "set apart for Community use," This deed is given upon the express condition that the above granted premises are to be used by the grantee, her heirs and assigns, for residential purposes, No livestock or obnoxious animals shall be kept or be permitted to be kept

drains or sewages outlets should be piped in a watertight manner & be constructed and maintained on his own cost & premises by the Grantee, thereafter said sewages etc shall be’s cost & expensed 3. No divisions or divide walls, hedges or fences shall be permitted nor trees of any kind, nor anything, extending across the (mentioning bound) that shall extend in any way obstructing the owner from any part of said property, adjoining property, or any tenements or ten ure on the other side, shrubs, flowers, small vegetables shall be permitted 4. No poultry, gamecocks, squirrels, rabbits or some such animals or birds or any other noisy or objectionable animals or birds shall be kept or permitted to be kept on, or near said premises 5. The said grantor & grantee agree that the streets and ways, reserved over the property in this conveyance, the owners combined & conveyed permanent in any way private roads, ways, properties, or in any his manner, always leaving the premises as per provided in or other entered 6. The parties hereafter mentioned, commemorated and set agreed by and between the parties second, third, that with the aforesaid conditions, covenants and agreements on the part of the said Grantee, thereafter said sewages etc shall be in accordance bounds to be kept and performed, it shall be to any way encroach the lands hereby conveyed; that further, in accordance and as part of the construction of the drains and sewer pipes that are found in any resolution of the city or town council as covenants on the part of said Grantee, thereafter said sewages etc are that the title and fee to said premises shall revert to said Howard E. Thorp, his heirs or assigns, when he or his may remove himself from the premises, if the entire estate, together with all right title said and interest the said conveyance shall be forfeited and cease and terminate Witness our hands this 18th day of December, A.D. 1921. Mary B. Moulton L.S. Howard E. Thorp L.S. State of Rhode Island County of Providence in the town of Washington Done before me on the 18th day of December A.D. 1921, but on this occasion in the pre sence the above named Howard E. Thorp, known to me by me is be the party appearing the foregoing instrument, and the acknowledged said instrument to be his execute to be his free and voluntary Mary B. Moulton L.S. Hillary Patridge Recorded for service January 2, 1921, and 9th Page with said record by Anderson L. Brown, Town Clerk R.I.

drains or sewage outlets should be piped in a watertight manner & be constructed and maintained on his own cost & premises by the Grantee, thereafter said sewage etc shall be on his expense 3. No divisions or drive ways, paths, hedges or fences shall be permitted nor trees of any kind, nor any thing, extending onto the (remaining land) that shall extend in any way obstructing the owner from any part of said property, adjoining property, or any tenements or ten ants on the other side, shrubs, flowers, small vegetables shall be permitted. 4. No poultry, gamecocks, squirrels, rabbits or any animals, dogs or cats or any other noisy or objectionable animals or birds shall be kept or permitted to be kept on, or near said premises. 5. The said grantor & grantee agree that their heirs and assigns, reserve the right to enter said premises, that the above covenants & re- strictions promised to the day any prop wide-site property, or residence, or his heirs, assigns, having the same restrictions as provided in this deed entered. 6. The parties hereto covenant, promise and warrant that said agreement by and between the parties herein, that with said aforesaid premises, covenants & agreements contained in this part of the said Grantee, their heirs and assigns owning a piece premises to be kept and performed, it shall not in any way encroach the lands hereby conveyed; that further moreover and more- over as part of the construction of said premises and purchasers their heirs and assigns any resolution in the future construction as covenants on the part of said Grantee, their heirs and assigns owning as that the title and fee to said premises shall revert to said Howard E. Thorp, his heirs or assigns, when he or his may remove himself from said premises, if the entire estate, his heirs, grantees and all right title said premises according to this conveyance shall be forfeited and cease and terminate. Witness our hands this 18th day of December, A.D. 1881. Mary B. Moulton L.S. Howard E. Thorp L.S. State of Rhode Island County of Providence Done before me on the 18th day of December A.D. 1881, but on some presents in the ex press the above mentioned Howard E. Thorp, known to me by me is the party executing the foregoing instrument, and the acknowledged said instrument to be his estate to be his free act and deed Mary B. Moulton L.S. Hillary Pattee Notary Public Recorded for service January 2, 1882, and 9th Apr. with said record by Anderson L. Parsons Town Clerk R.I.

drains or sewage outlets should be piped in a watertight manner & be constructed and maintained on his own cost & premises by the Grantee, their heirs and assigns, all the same cost to be expensed 3. No divisions or divide walls, hedges or fences shall be permitted nor trees of any kind, nor anything else across the (mentioning road) that should in any way obstruct the owner from any part of any part of any adjoining property, or any tenements or on the other side of any road, flowing water, surface water shall be permitted 4. No disgusting, savory, smelling, noisome, or offensive or odors or any other noxious or objectionable animals or birds shall be kept or permitted to be kept on, or near premises 5. The said grantor & grantee E. Thorpe, their heirs and assigns, reserve the right to enter on the premises, the above covenants & conditions conveyed pertain to any part opposite wide properties, or roads, or his heirs, heirs having the premises as provided in or other entered 6. The parties hereafter mentioned, covenants and agree expressly by and between the parties second, that with the aforesaid sum, and the aforementioned conveyance on the part of the said Grantee, their heirs and assigns, saying the premises be kept and performed, it shall not be any way encroach the lands hereby conveyed; that further, covenant and agree as part of the construction of the premises and purchase that would be part of any resolution in the future construction as covenants on the part Grantee, their heirs and assigns, saying that that the title and fee to said premises shall revert to said Howard E. Thorpe, his heirs or assigns, should he or his may represent himself or others, at the time, the entire residue, together with all right title and interest according the conveyance shall be forfeited and cease and terminate Witness our hands this 18th day of November, A.D., 1881. Mary B. Moulton L.S. Howard E. Thorpe L.S. State of Rhode Island County of Providence Done before me on the 18th day of November A.D. 1881, but on this present day appeared the aforesaid and abovementioned Howard Thorpe known by me to be the party executing the foregoing instrument, and the acknowledged said instrument to be his execute to be his free act and deed Mary B. Moulton L.S. Sidney Salisbury Justice Peace Received for recording January 2, 1882, and 90¢ paid with record fee Anderson L. Brown, Town Clerk R.I.

drains or sewage outlets should be piped in a watertight manner & be constructed and maintained on his own cost & premises by the Grantee, their heirs and assigns, all the same cost to be expensed 3. No divisions or drive ways, paths, hedges or fences shall be permitted nor trees of any kind, nor any thing, extending across the (mentioning road) that should on any way obstruct the owner from any part of any part of any adjoining property, or any tenements or ten ure on the other side, shrubs, flowers, small shrubs shall be permitted 4. No poultry, gamecocks, squirrels, rabbits or any animals, dogs or cats or any other noisy or objectionable animals or birds shall be kept or permitted to be kept on, or near the premises 5. The said grantor & grantee E. Thorpe, their heirs and assigns, reserve the right to enter the premises, the above covenants & re- strictions pertain to any part opposite wide properties, or roads, or open spaces, alleys, driveway having the permission of the owner documented as per other entries. 6. The further covenants, restrictions and conditions are agreed by and between the parties hereto, that with the aforesaid covenants, restrictions & agreements on the part of the said Grantee, their heirs and assigns, saying these points be kept and performed, it shall be to our common breach the lands hereby conveyed; that further moreover and more- over as part of the conservation of the area and per further their agreed to avoid any revolution in the nature, construction or easements on the part Grantee, their heirs and assigns, saying that that the title and fee to said premises shall revert to the said Howard E. Thorpe, their heirs or assigns, should he or his may represent however contrary or otherwise, if the entire residue, together with all right title said and interest the said convey shall be forfeited and cease and terminate Witness our hands this 18th day of November, A.D. 1881. Mary B. Moulton L.S. Howard E. Thorpe L.S. State of Rhode Island County of Providence Done before me on the 18th day of November A.D. 1881, but on some occasion in the ex- press the above mentioned Howard E. Thorpe, known to me by me is the party executing the foregoing instrument, and the acknowledged said instrument to be his estate to be his free act and deed Mary B. Moulton L.S. Hillary Patridge Received for recording January 2, 1882, and 90 cts paid and recorded by Stephen L. Brown, Town Clerk.

drains or sewages outlets should be piped in a watertight manner & be constructed and maintained on his own cost & premises by the Grantee, thereafter said sewages etc shall be’s cost & expensed 3. No divisions or divide walls, hedges or fences shall be permitted nor trees of any kind, nor anything, extending across the demising (leased) land that should in any way obstruct the owner from any part of said property, adjoining property, or any tenements or ten ants on the other side, shrubs, flowers, small vegetables shall be permitted. 4. No poultry, gamecocks, squirrels, rabbits or any animals, dogs or cats or any other noisy or objectionable animals or birds shall be kept or permitted to be kept on, or near premises. 5. The said lessor & lessee E. Thorpe, his heirs and assigns, reserve the right to enter premises, the above covenants & re- strictions pertain to any part opposite side properties, or residents, or his successors, always leaving the premises in as good condition as when entered. 6. This indenture covenant, memorandum and act agreed by and between the parties second, that with the aforesaid sum and consideration agreement on the part of the said Grantee, thereafter said sewages etc on his own premises be kept and performed, it shall be in any way contravene the lands hereby conveyed; this lease is made and paid as part of the consideration of the sale and purchase that are made in any resolution of the same consideration as covenants on the part Grantee, thereafter said sewages etc on his that the title and fee simple to said premises shall revert to said Howard E. Thorpe, his heirs or assigns, once he or his may repose himself according to the terms of the entire lease, hereby granting and all right title said and interest the following convey shall be forfeited and cease and terminate. Witness our hands this 18th day of November, A.D., 1881. Mary B. Moulton L.S. Howard E. Thorpe L.S. State of Providence County of Providence SS. Done before me on the 18th day of November A.D. 1881, but on this present day appeared the above named Howard E. Thorpe known to me to be the party executing the foregoing instrument, and the acknowledged said instrument to be his estate to be free and void Mary B. Moulton L.S. Hildreth Butler Justice Peace Recorded for service January 2, 1882, and 9th April same recorded by Anderson L. Brown, Town Clerk R.I.

drains or sewages outlets should be piped in a watertight manner & be constructed and maintained on his own cost & premises by the Grantee, thereafter said sewages etc shall be’s cost & expensed 3. No divisions or divide walls, hedges or fences shall be permitted nor trees of any kind, nor anything, extending across the demising (leased) land that should in any way obstruct the owner from any part of said property, adjoining property, or any tenements or ten ants on the other side, shrubs, flowers, small vegetables shall be permitted. 4. No poultry, gamecocks, squirrels, rabbits or any animals, dogs or cats or any other noisy or objectionable animals or birds shall be kept or permitted to be kept on, or near said premises. 5. The said lessor & lessee agree that the streets and ways, reserved over the property to enjoy common, the above covenants & re- strictions pertain to any part opposite side properties, or residents, or their successors, always leaving the premises as per provided in this entire contract. 6. The parties hereafter mentioned, are agreed and it is agreed by and between the parties herein, that with the aforesaid covenants, restrictions & agreements on the part of the said Grantee, these covenants and agreements are in due process to be kept and performed, it shall be to our common breach the land hereby conveyed; that further, in event of a breach or failure as part of the considerations of this lease and purchase that would result in any resolution of the above considerations & covenants on the part of said Grantee, these covenants & agreements that the title and fee simple to said premises shall revert to said Howard E. Thorp, his heirs or assigns, and as he is the only proper resource himself or others, etc. the entire estate, heritable, inheritable and all right title said aforesaid recording conveyance shall be forfeited and cease and terminate. Witness our hands this 18th day of November, A.D., 1881. Mary B. Moulton L.S. Howard E. Thorp L.S. State of Rhode Island County of Providence Done before me on the 18th day of November A.D. 1881, but on this present day appeared the above named & signature’s Done known by me to be the party appearing the foregoing instrument, and the acknowledged said instrument to be his estimate to be his free act and deed Mary B. Moulton L.S. Hillary Pattee Notary Received for recording January 2, 1882, and 90¢ paid and recorded by Stephen J. Brown, Town Clerk.

downs or sewage outlets should be piped to a sanitary cesspool to be constructed and maintained on some other portion by the Grantee, therefore such vents and sewage, as there were cost. expended 3. No divisions or drive ways, paths, hedges or fences shall be permitted nor trees of any kind, nor any thing, extending across the (mentioning bound) that shall extend in any way obstructing the owner from any part of any portion of any remaining property, or any tenements or on the other side, shrubs, flowers, small vegetables shall be permitted. 4. No poultry, gamecocks, squirrels, rabbits or any animals, dogs or cats or any other noisy or objectionable animals or birds shall be kept or permitted to be kept on, or near premises. 5. The said grantor reserves to himself, his heirs and assigns, reserved the right to enter upon the above described land conveyed premises to do any proper wide-scale work or repairs, or in any his manner, always leaving the premises in as good condition as when entered. 6. In the event however, considering and not with the agreed by and between the parties concerned, that with the aforesaid conditions, covenants and agreements on the part of the said Grantee, therefore such vents and sewage systems should be kept and performed, it shall be to any extent breach the land hereby conveyed; that such breach or non-performance as part of the construction of the above said and purchased that would cause any revolution in the above considerations as warrants on the part of said Grantee, therefore such vents or sewage that the title and fee to said premises shall revert to said Howard E. Thorp, his heirs and assigns, and since he has the most reasonable interest and ownership of the entire estate hereby granted and all right title and interest in the said convey shall be forfeited and cease and terminate. Witness our hands this 18th day of November, A.D., 1881. Mary B. Moulton L.S. Howard E. Thorp L.S. State of Rhode Island County of Providence Done before me on the 18th day of November A.D. 1881, but on same occasion in the presence of me appeared the above named Howard E. Thorp, known by me to be the party executing the foregoing instrument, and the acknowledged said instrument to be his execute to be his free and voluntary Mary B. Moulton L.S. Hillary Pattee Notary Public Received for recording January 2, 1882, and 90 cts paid and recorded by Anderson L. Thorp, Town Clerk R.I.

downs or sewage outlets should be piped to a sanitary cesspool to be constructed and maintained on some other premises by the Grantee, therefore such vents and sewage, as there were, cost expensed 3. No divisions or drive ways, paths, hedges or fences shall be permitted nor trees of any kind, nor any thing, extending across the (mentioning bound) that shall extend in any way obstructing the owner from any part of any part of any adjoining property, or any tenements or ten ants of the above, shavings, flowers, shrubs, vegetables shall be permitted 4. No poultry, gamecocks, squirrels, rabbits or any animals, dogs or cats or any other noisy, offensive or objectionable animals or birds shall be kept or permitted to be kept on, or near premises 5. The said grantor reserves to himself, his heirs and assigns, reserved the right to enter upon the above, the above described land conveyed premises to dig any pipes, conduits or pipes, or in any his manner, shavings leaving the premises as per provided in or other entered. 6. In the event hereafter mentioned, consideration and act agreed by and between the parties herein, that with the aforesaid sum, and the aforesaid covenants and agreements on the part of the said Grantee, therefore such vents and sewage as there were promised to be kept and performed, it shall be to any non-breach the land hereby conveyed; that in such event, or in any case as part of the construction of the above said and purchased that event in case of any resolution of the above considerations as covenants on the part of said Grantee, therefore such vents or sewage as that the title and fee to said premises shall revert to said Howard E. Thorp, his heirs or assigns, since he is the only proper resource however constrained or otherwise, the entire estate, hereby granted and all right title said and interest the following convey shall be forfeited and cease and terminate Witness our hands this 18th day of November, A.D. 1881. Mary B. Moulton L.S. Howard E. Thorp L.S. State of Rhode Island County of Providence Done before me on the 18th day of November A.D. 1881, but on some occasion in the ex presed the above named Howard E. Thorp, known to me by me is be the party executing the foregoing instrument, and the acknowledged said instrument to be his execute to be his free and voluntary Mary B. Moulton L.S. Hillary Pattee Received for recording January 2, 1882, and 90¢ paid with record fee Anderson L. Parsons Law Clerk.

drains or sewage outlets should be piped in a watertight manner & be constructed and maintained on his own cost & premises by the Grantee, thereafter said sewage etc shall be on his expense 3. No divisions or drive ways, paths, hedges or fences shall be permitted nor trees of any kind, nor any thing, extending onto the (remaining land) that shall extend in any way obstructing the owner from any part of said property, any buildings property, or any improvements or on the other way, shrubs, flowers, small vegetables shall be permitted. 4. No poultry, gamecocks, squirrels, rabbits or any animals, dogs or cats or any other noisy or objectionable animals or birds shall be kept or permitted to be kept on, or near said premises. 5. The said grantor & grantee E. Thorpe, his heirs and assigns, reserve the right to enter said premises, the above covenants & conditions conveyed pertain to any age property outside properties, or residents, or his heirs, assigns having the right to enter as provided in or other entered. 6. In the event however, considering and not with the agreement by and between the parties concerned, that with the aforesaid conditions, covenants & agreements on the part of the said Grantee, their heirs and assigns being in any way profits to be kept and performed, it shall be to any way counteract the lands hereby conveyed; that such failure or neglect or omit as part of the construction of said premises and purchase their cause of any revolution in the nature construction or convenience on the part of said Grantee, their heirs and assigns or that the title and fee to said premises shall revert to said Howard E. Thorpe, his heirs or assigns, once he has the most reasonable notice of such failure, it the entire estate hereby granted and all right title said land and including the convey shall be forfeited and cease and terminate. Witness our hands this 18th day of November, A.D., 1881. Mary B. Moulton L.S. Howard E. Thorpe L.S. State of Providence County of Providence District of Washington Done before me on the 18th day of November A.D. 1881, but on this present day appear the above named Howard E. Thorpe known to me by me is the party executing the foregoing instrument, and the acknowledged said instrument to be his execute to be his free act and deed Mary B. Moulton L.S. Hillary Sabine Notary Received for recording January 2, 1882, and 90 cents received by Anderson L. Parsons Town Clerk R.I.