4/22/1930 · DEED · book 24 page 98 doc 8682

98 and its successors and assigns shall by these presents, subject however to the following conditions and restrictions at all times hereafter peaceably and quietly have and enjoy the said premises, and that the grantor, said [?] and its successors and assigns will warrant and defend the same to the said grantee and its successors and assigns forever against all lawfull claims and demands of all persons. Witness, in witness whereof said Shelter Harbor Corporation has hereunto caused its corporate seal to be affixed and seal to be affixed by its treasurer, it being duly authorized, this 26th day of June AD 1928 Signed and sealed in the presence of S. Butler, witness [Signature] [Signature] Shelter Harbor Corporation L.S. by Franklin R. Lawton Treasurer State of Rhode Island County of Providence On this 26th day of June AD 1928 before me Francis E. Frothingham, a Notary Public in and for the state of Rhode Island, personally appeared Franklin R. Lawton, to me known and known to me to be the Treasurer of Shelter Harbor Corporation, and acknowledged the foregoing instrument to be his seal and a mortgage to the signature to be his individual and official free act and deed and the free act and deed of said corporation. S. Butler, witness [Signature] Notary Public recorded for record April 17, 1928 at 4 1/2 o'clock PM and sealed by Lynne G. Lowery, Town Clerk I Kenneth R. Lawton, citizen of the town of Middletown, County of Washington and State of Rhode Island, hereinafter called the Grantor, for consideration paid Grant to Joseph & Ben Weaver and Anna R. Ben Weaver, husbands and wife both of the town of Middletown aforesaid, against turns and not as tenants in common, hereinafter called the grantees, with warranty covenants, a certain tract or parcel of land situated and lying being in the town of Middletown in said county Washington and bounded and described as follows: to wit but not diminished after map no (1) as drawn and delineated as a certain Plan or plot entitled Plan of 2 unconforming Lots near Shelter Harbor R.I. Plot 4. Traves the equals 85 feet to the inch sector 11.7. Rossit & Servet Survey Reported Sept 19, 1929 said plan or plot being on file in the town clerks office in said town of Middletown and heirs, their heirs and assigns shall have the right to possess and

referr to and from from and from and to said lot or tract on foot or otherwise, etc, on and across there certain rights of way, or roads or streets as shown on said plan or plat leading to the public highway, and as well the rights of way leading to the beach, and also the right of path leading from the road to the fresh water pond and any other portion of said plat which might hereafter be designated for public use; the said buyers for themselves, their heirs and assigns, hereby covenant and agree to aid with the said grantor, his heirs and assigns, that the said buyers, their heirs and assigns, will and shall may to Howard E. Thorpe, of Westerly, Washington County, Rhode Island, his heirs and assigns on or before the first day of August in each year severally the sum of five dollars ($5.00) as part of hereby agreed, said sum will be expended and applied by the said Howard E. Thorpe, 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 business hereby conveyed, and in case of failure to make any payment within one year after the same shall become due, it shall be lawful for the said Howard E. Thorpe, his heirs and assigns to sell and convey the premises at auction without writing notice of such sale except some written notice published in said county of Washington, or at least one week for three successive weeks, and it will become the burden of the purchasers at said sale. This conveyance is made and accepted subject to the following conditions and restrictions, namely: 1. In case of a condemnation of all or part of or house or land or any part thereof, Howard E. Thorpe or his heirs or assigns shall be given ten days notice in writing and shall have the first option to purchase the same with the building and improvements thereon at the value at time of its price is agreed upon, made and actually paid to the said owner in his design. 2. The above named conveyances shall be used may area site be used for dwelling house on the lot bearing conveyed, each dwelling house shall be erect on the premises in accordance with the building laws at town or said town, and no portion of any building or dwelling house (except porches) shall extend off the street limits or ocean front never more than said building, i.e. nor shall anything of any nature or thing whatever protrude through the side lines of the lot neither on the first floor, nor second stories or other outbuildings or buildings shall be erect within twenty dwelling house erect on said lot shall contain not more than cottages more than one thousand feet ( dollars), all toilets bath rooms kitchen or other rooms in sewage pipes which are fitted to a septic system to be constructed and maintained on the shore premises by the owner, his heirs and assigns, at his own cost and expense. 3. No tenement house only wells, water towers or fences, shall be permitted neither of any kind, nor any anything (except the dwelling house) that shall in any way obstruct the view from any part of any adjoining lot house or any dwelling place in this colony, shrubs, flowers and vegetables shall be permitted.

100 4. No horses, swine, cattle, sheep, goats or dogs or cats or any other mong or domesticated animals or birds shall be kept or permitted to be put on said premises. 5. The said Howard E. Throop, his heirs or assigns, reserve the right to enter upon the said described and conveyed premises to lay any pipe outlets or pipes as he sees fit the same, always leaving the premises in as good condition as when entered. 6. It is hereby further covenants understood and agreed by and between the parties hereto that all the several conditions covenants and agreements on the part of the said party named his heirs and assigns on their part to be kept and observed, which relate to and run with the land newly conveyed, if however expired 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 parties, their heirs or assigns, that the title and right to said premises shall revert to said Howard E. Throop, his heirs or assigns and in them they may repossess himself, themselves of the estate hereby granted and all right title and interest during owning shall be forfeited and void and terminate. In witness my hand this 11 day of April A.D. 1830. [Signature] E. Trainer [Signature] Hannah R. Trainer L.S. State of Rhode Island county of Providence In Providence on the 10th day of April A.D. 1830 before me personally at hand the wood named Hannah to me known and known to me to be the person speaking the foregoing instrument and the acknowledged said instrument on her behalf’s to be her act and deed [Signature] Eugene E. Trainer Notary Public L.S. Received for record April 22, 1830 at 2:30 o'clock aftern. and recorded by George Lawson Town Clerk [Large diagonal watermark: COPY]

100 4. No horses, swine, cattle, sheep, goats or dogs or cats or any other mong or domesticated animals or birds shall be kept or permitted to be put on said premises. 5. The said Howard E. Throop, his heirs or assigns, reserve the right to enter upon the said described and conveyed premises to lay any pipe outlets or pipes as he sees fit the same, always leaving the premises in as good condition as when entered. 6. It is hereby further covenants understood and agreed by and between the parties hereto that all the several conditions covenants and agreements on the part of the said party named his heirs and assigns on their part to be kept and observed, which relate to and run with the land newly conveyed, if however expired 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 parties, their heirs or assigns, that the title and right to said premises shall revert to said Howard E. Throop, his heirs or assigns and in them they may repossess himself, themselves of the estate hereby granted and all right title and interest during owning shall be forfeited and void and terminate. In witness my hand this 11 day of April A.D. 1830. [Signature] E. Trainer [Signature] Hannah R. Trainer L.S. State of Rhode Island county of Providence In Providence on the 10th day of April A.D. 1830 before me personally at hand the persons named above to me known and known to me to be the persons speaking the foregoing instrument and the acknowledged and instrument on her behalf and caused done [Signature] Eugene E. Trainer Notary Public L.S. Received for record April 22, 1830 at 2:30 o'clock Afternoon and recorded by George L. Farnum Town Clerk

100 4. No horses, swine, cattle, sheep or goats dogs & cats or any other mong or domesticated animals or birds shall be kept or permitted to be put on said premises. 5. The said Howard E. Throop, his heirs or assigns, reserve the right to enter upon the said described and conveyed premises to lay any pipe outlets or pipes as he sees fit the same, always leaving the premises in as good condition as when entered. 6. It is hereby further covenants understood and agreed by and between the parties hereto that all the several conditions covenants and agreements on the part of the said party named his heirs and assigns on their part to be kept and observed, which relate to and run with the land newly conveyed, if however expired 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 parties, their heirs or assigns, that the title and right to said premises shall revert to said Howard E. Throop, his heirs or assigns and in order they may repossess himself, themselves of the estate hereby granted and sell with state and without saying command shall be forfeited and void and terminate. In witness my hand this 11 day of April A.D. 1830. [Signature] E. Trainer [Signature] Hannah R. Trainer L.S. State of Rhode Island county of Providence In Providence on the 10th day of April A.D. 1830 before me personally at hand the person named Hannah to me known and known to me to be the person speaking the foregoing instrument and the acknowledged and instrument on her behalf and caused done [Signature] Eugene E. Trainer Notary Public L.S. Received for record April 22 1830 at 2:30 o'clock after noon and recorded by George L. Farnum Town Clerk

100 4. No horses, swine, cattle, sheep or goats dogs & cats or any other mong or domesticated animals or birds shall be kept or permitted to be put on said premises. 5. The said Howard E. Throop, his heirs or assigns, reserve the right to enter upon the said described and conveyed premises to lay any pipe outlets or pipes as he sees fit the same, always leaving the premises in as good condition as when entered. 6. It is hereby further covenants understood and agreed by and between the parties hereto that all the several conditions covenants and agreements on the part of the said party named his heirs and assigns on their part to be kept and observed, which relate to and run with the land newly conveyed, if however expired 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 parties, their heirs or assigns, that the title and right to said premises shall revert to said Howard E. Throop, his heirs or assigns and in order they may repossess himself, themselves of the estate hereby granted and sell with state and without saying command shall be forfeited and void and terminate. In witness my hand this 11 day of April A.D. 1830. [Signature] E. Trainer [Signature] Hannah R. Trainer L.S. State of Rhode Island county of Providence In Providence on the 10th day of April A.D. 1830 before me personally at hand the person named Hannah to me known and known to me to be the person speaking the foregoing instrument and the acknowledged said instrument on her behalf’s to be her act and deed [Signature] Eugene E. Trainer Notary Public L.S. Received for record April 22 1830 at 2:30 o'clock afternoon and recorded by George L. Farnum Town Clerk [Large diagonal watermark: COPY]

100 4. No horses, swine, cattle, sheep, goats or hens dogs & cats or any other mong or domesticated animals or birds shall be kept or permitted to be put on said premises. 5. The said Howard E. Throop, his heirs or assigns, reserve the right to enter upon the said described and conveyed premises to lay any pipe outlets or pipes as he sees fit the same, always leaving the premises in as good condition as when entered. 6. It is hereby further covenants understood and agreed by and between the parties hereto that all the several conditions covenants and agreements on the part of the said party named his heirs and assigns on their part to be kept and observed, which relate to and run with the land newly conveyed, if however expired 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 parties, their heirs or assigns, that the title and right to said premises shall revert to said Howard E. Throop, his heirs or assigns and in order they may repossess himself, themselves of the estate hereby granted and sell with state and without saying command shall be forfeited and void and terminate. In witness my hand this 11 day of April A.D. 1830. [Signature] E. Trainer [Signature] Hannah R. Trainer L.S. State of Rhode Island county of Providence In Providence on the 10th day of April A.D. 1830 before me personally at hand the person named Hannah to me known and proven to me to be the person speaking the foregoing instrument and the acknowledged said instrument on her behalf’s to be her act and deed [Signature] Eugene E. Trainer Notary Public L.S. Received for record April 22 1830 at 2:30 o'clock aftern. and recorded by George Lawson Town Clerk

100 4. No horses, swine, cattle, sheep, goats or dogs or cats or any other mong or domesticated animals or birds shall be kept or permitted to be put on said premises. 5. The said Howard E. Throop, his heirs or assigns, reserve the right to enter upon the said described and conveyed premises to lay any pipe outlets or pipes as he sees fit the same, always leaving the premises in as good condition as when entered. 6. It is hereby further covenants understood and agreed by and between the parties hereto that all the several conditions covenants and agreements on the part of the said party named his heirs and assigns on their part to be kept and observed, which relate to and run with the land newly conveyed, if however expired 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 parties, their heirs or assigns, that the title and right to said premises shall revert to said Howard E. Throop, his heirs or assigns and on them may repossess himself, therefore all the estate hereby granted and will right title and without denying owner shall be forfeited and void and terminate. In witness my hand this 11 day of April A.D. 1830. [Signature] E. Trainer [Signature] Hannah R. Trainer L.S. State of Rhode Island county of Providence In Providence on the 10th day of April A.D. 1830 before me personally at hand the person named Hannah to me known and proven to me to be the person speaking the foregoing instrument and the acknowledged said instrument on her behalf executed for her use and benefit [Signature] Eugene E. Trainer Notary Public L.S. Received for record April 22, 1830 at 2:30 o'clock after noon and recorded by George L. Farnum Town Clerk [Large diagonal watermark: COPY]

100 4. No horses, swine, cattle, sheep, goats or dogs or cats or any other mong or domesticated animals or birds shall be kept or permitted to be put on said premises. 5. The said Howard E. Throop, his heirs or assigns, reserve the right to enter upon the said described and conveyed premises to lay any pipe outlets or pipes as he sees fit the same, always leaving the premises in as good condition as when entered. 6. It is hereby further covenants understood and agreed by and between the parties hereto that all the several conditions covenants and agreements on the part of the said party named his heirs and assigns on their part to be kept and observed, which relate to and run with the land newly conveyed, if however expired 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 parties, their heirs or assigns, that the title and right to said premises shall revert to said Howard E. Throop, his heirs or assigns and in them they may repossess himself, themselves of the estate hereby granted and all right title and interest during owning shall be forfeited and void and terminate. In witness my hand this 11 day of April A.D. 1830. [Signature] E. Trainer [Signature] Hannah R. Trainer L.S. State of Rhode Island county of Providence In Providence on the 10th day of April A.D. 1830 before me personally appeared the person named Hannah to me known and proven to me to be the person speaking the foregoing instrument and the acknowledged said instrument on her behalf to be her act and deed. [Signature] Eugene E. Trainer Notary Public L.S. Received for record April 22, 1830 at 2:30 o'clock A.M. and recorded by George L. Farnum Town Clerk