The instrument's own words
page 1
254 State of Rhode Island
County of Providence
In Hopkinton on the eighth day of August, AD 1927
before me personally appeared the above named Edward Brown Edward
W. Tillinghast to me known and known by me to be the party
executing the foregoing instrument and had acknowledged said
instrument, that he had executed, it to be his free act and deed.
Henry H. Randall
As Notary Public.
Recorded for record August 3, 1927 at 8.45 o'clock P.M.
and recorded by George L. Coons Town Clerk
Know all men by these presents that me Millicent
T. Macfarlane and wife of Bridgeport, Connecticut, the parties
of the first part in consideration of one dollar ($1) and other
consideration paid by Martin Dell Pratt of Boston Massachusetts
the parties of the second part, the receipt of which is hereby acknowledged
hereby for ourselves our heirs, executors and administrators, agree to
sell and convey to the said party of the second part or his assigns
the following described property to the following considerations.
This property consists of lots 4 to 10 inclusive of the 12 $ 1/4 ac. subdivision
of S.H.D. 7 evolution and B. 1, in Charlestown and Westerly, Rhode
Island, as shown on Plan of Tillinghast Broke, Charlestown, Rhode
Island for locations of House lots and Roads, Property of Mrs L.
Macfarlane Steam Iron & Brass Works, documented Certificate.
The price of each of said lots shall be five hundred dollars ($500) to
be paid to said parties of the first part or their nominees forthwith
upon receipt of purchase money from the sale of each lot and
B. 1 # 15 to # 18, Option on all of said lots shall be and remain in full
force until October 1, 1929 and with the right of renewal of any
unpaid balance of said lots for two (2) years after October 1, 1929 provided
said Pratt shall pay (off) by October 1, 1929 have made sale of one half (1/2) of
said lots. Separately said parties also hereby grant and give Pratt
an option for three (3) years on the following lot similarly, and
automatically upon his accomplishing a sale of eight (8) of said lots,
org. cell three lots and all other lots or thin remaining in said plan, the option
price of said three lots shall be $1250 per lot and for all other lots $500
per lot to be paid upon receipt of purchase price upon sale of each lot
It is expressly agreed that all sales of lots shall be made subject to
page 2
the restrictions and agreements attached hereto and made a part hereof,
marked "Z" which the Grantors agree to insert in each and every deed of
conveyance, they agreed the following lots not for sale, C-11, C-12, G-14, G-7,
D-8, F-1, F-3 and property already sold, further agree immediately
upon written notice to them of a date of any lot or lots to purchase and place
in common in a broker or Realty bank said executed deeds naming to
the convenience or commerce of said Bratt in that all conveyances may be
made without delay. All F-1, F-2, F-3 price to be $500 each, the consideration
to be paid by said party of the second part or his assigns shall be an
advance, said conveyance shall be made by warranty deed with full
covenants and dower or dowry clear and secure/ conveying a clear
little title free from all encumbrances. And it is agreed that if the said
party of the second part or his assign shall fail in performing the
conditions of this option, then this option shall be null and void.
In witness whereof the said parties of the first part hereunto set their
hands and seals the sixteenth (16th) day of February in the year
one thousand nine hundred and twenty eight (1928)
Signed and sealed in presence of
Minnie Alice Macfarlane
Gordon DeBratt
Jno T Macfarlane L.S.
Alice T Macfarlane L.S.
" Z "
Provided, and this deed of conveyance is made upon the following
conditions, covenants and agreements which remain binding and
are in full force and effect until January 1, 1945, subject to the right
of Grantors, their heirs and assigns, to qualify or nullify
same by written agreement duly recorded be hereinafter provided,
(1) That no shop, store, factory, salon or business house of any kind,
no furniture, salon, operation of lease or painted material, and no
charitable institutions shall be erected by the said grantees, his heirs
or assigns on the premises hereby conveyed,
(2) That the aforesaid premises shall be occupied and used by
the said grantees, his heirs and assigns, for residence purposes only
and not otherwise,
(3) That no building or other structure shall be erected on the
aforesaid premises, nor alterations shall be made in any building
or other structure erected thereon and nothing else shall be done
materially affecting the appearance of the aforesaid premises except
according to a plan (including shelter sketch growth plan, treaty
plan, planting plan and location plan) which shall have been approved
by Gordon DeBratt of Boston, Massachusetts.
(4) That no stable shall be erected or kept on said premises by the said
page 3
256 Grantee his heirs or assigns, without the written consent of the Grantor
their heirs or assigns,
(5) That the premises hereby conveyed shall be kept free of any
nuisance, and from any object or action otherwise offensive to the
neighborhood or dangerous to health,
(6) That in case of violation by said Grantee, his heirs or assigns,
of any of the conditions, covenants or agreements hereinbefore set forth,
the said Grantor, their heirs, successors or assigns, or its or their servants
or agents, shall at all times have the right forthwith to enter upon the
said premises and remedy the same, and the said Grantor, their heirs,
successors or assigns, shall not be liable therein for any occasion to
said Grantee, his heirs or assigns, but shall be entitled to recover from
the said Grantee, his heirs or assigns, the cost of remedying the same;
and in the event that it shall be necessary that the said Grantor, their
heirs, successors or assigns, enter upon said premises for the purpose
aforesaid, the said Grantee, his heirs or assigns, covenant and agree to
pay unto the Grantor, their heirs, successors or assigns the cost of
remedying the same as aforesaid.
(7) That the use by the Grantee, his heirs or assigns of the roads, paths,
lakes or other property intended for the use and benefit of all parties
owners at "Pointlet" shall be subject to such reasonable regulations by the
Grantor, their heirs and assigns,
(8) That all the covenants, covenants and agreements above referred
shall be binding upon the said Grantee his heirs and assigns, and shall be
held to run with and bind the land and premises hereby conveyed and all
subsequent owner and occupants thereof, and the act and tenor of this deed
shall have the same effect and binding force upon the Grantee, his heirs
and assigns, as if the same more rightly and sealed by the Grantee, his heirs
and assigns, provided however, that any of the conditions, covenants and
agreements contained in this deed of conveyance may be at any time and
in any manner changed with the mutual consent of the said Grantor, their
heirs, successors or assigns, and the owner or owners for the time being of
the land hereby conveyed.
(9) That it is distinctly understood and agreed that the placing of
the foregoing conditions covenants and agreements upon the land and
premises hereby conveyed entails the obligation upon the Grantor, their heirs,
successors and assigns, to place the same conditions, covenants and agreements
upon all other lands hereafter conveyed by them, which however are subject
to the right of the Grantee, their successors and assigns by agreement
with the Grantor, his heirs and assigns, to qualify and amend the same,
(10) That the Grantor hereby grants to the Grantee of any, and
all lots whereon or said plan the right to pass and repass and use in
common with other all roads and areas whereon said plan and
page 4
indicated as common property, roads and paths, and does the right to use
the beach whom as community, or hereafter, be seen as such for bathing
and other recreations.
(ii) That the grantor, his heirs, successors and assigns covenant and
agree that the property conveyed shall be subject to an annual equitable
charge in such an amount as shall be fixed by the grantor, his heirs, successors
and assigns, not to exceed one hundred and year security forty dollars ($40)
per each lot, the grantor may include a Property Owners Association which
may hereafter be organized for the purpose referred to in this section; and in
case such Association is organized, the sum heretofore referred to in this
section shall be payable to such Association, and the grantee, his heirs,
successors and assigns, covenant that he and they will pay this charge
to the grantor, his successors and assigns, on May first of each and
every year as assessed, and further covenant that said charge shall on
May first of each year become a lien on the land and shall continue to be
such lien until paid, such charge shall be payable to the grantor,
his heirs, successors or assigns, and shall be levied only to the
maintenance of roads, property common, areas and streets, beach,
and such other community burdens as shall from time to time be
determined by the grantor, his heirs, successor or assigns. By the
acceptance of this deed, the grantee expressly waives in the grantor, their
heirs, successors or assigns the right and power prior to bringing action to
enforce such lien. The grantor agrees to thoroughly first the
property legally against hunting and trapping.
Hodd. Pratt Jan. 16th 1925
Received for record Aug. 11, 1925 at 10 o'clock AM
and recorded by keeper of records, Tom Collett
KNOW ALL MEN by these presents, that we Arthur S.
Marcellis and Ida Belle Marcellis, of the town of Montclair in the county
of Essex and state of New Jersey, hereinafter called the Grantor, in consideration
of eighteen hundred dollars, to us paid by John L. Chidsey of the town
of Danbury in the county of Fairfield and state of Connecticut
hereinafter called the Grantee, the receipt whereof is hereby acknowledged,
do hereby give, grant bargain sell and convey unto the said
Grantee and his heirs and assigns forever, a certain tract or parcel of
land situate on "Inconsentag Neck" as called, in the town of
Charlestown, in the county of Washington and state of Rhode Island,
bounded and described as follows: Beginning at the Southwest
The page as recorded
