The instrument's own words
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169
And assign forever against the lawful claims and demands of all persons
whatsoever as aforesaid. And for the consideration aforesaid, I Walter M. Thorp,
do hereby release all my right of owner in and to the said granted premises
unto the said Harriet E and her heirs and assigns forever.
In witness whereof, me have hereunto set our hands and seals this
18th day of November in the year of our Lord one thousand nine hundred
and twenty nine.
Executed in the presence of
Harold E Thorp L.S.
Walter M. Thorp L.S.
Allen B. Butleroff
State of Rhode Island
County of Washington
On this 18th day of November, AD 1929, before me
personally appeared Harold E Thorp and Walter M. Thorp, to me known
"and known by me to be the parties executing the foregoing instrument
and acknowledge and volunteered in them specified to be their free act
and deed.
Allen B. Butleroff Notary Public L.S.
Recorded for record July 14th 1930 at 8.20 o'clock A.M.
and sealed by George Palmer Town Clerk
I, Mary D. Decker, unmarried, of the city of Atlantic city, county
of Atlantic, and State of New Jersey, hereinafter called the grantor,
for consideration paid amount of Byron R Dupler and Beryl L Taylor
husband and wife, both of the town of Westerly, county of Washington,
and State of Rhode Island, hereinafter called the grantees with warranty
conveys a certain tract or piece of land situated and being in
the town of Charlestown in said county of Washington and bounded
and described as follows, to wit Just under three hundred thirty eight 88 as
shown and delineated on a certain plan drawn or painted entitled "Plan
of Encompassing, Central beach, Charlestown, R.I." fromy boundary
begins 90 feet to the west corner 1929 Poles and continues as Revised
Sept 18, 1929 "said plan or plat being on lots in the former sales
office in said town of Charlestown, said boundaries their sides and
angles shall make the right shear and return it and from and
from and to and void left branch on foot over there, over a way
about three certain rights of way or roads 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 way leading from
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170
the road to the fresh water pond, and any other portion of said plat
which might be designated for public use'. The said leased party for
themselves, their heirs and assigns, hereby covenant and agree to and
with the said lessor, her heirs and assigns, that the said leased party,
their heirs and assigns, shall pay to Edward & Joseph Thorp of westerly
in said county Rhode Island, her heirs and assigns, on or before the
1st day of May of each year hence forward the sums of five dollars ($5.00)
in a year of currency conveyed, said requests to be expended and applied by
the said Edward & Joseph Thorp, her heirs and assigns, in bus and their maintenance
of the care and maintenance of the road and other portions of
that may be designated for public use', and the said party agreed to be
paid and regularly made to clear and enlarge upon the premises 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
Edward & Joseph Thorp, her heirs and assigns, to re-sell and convey the premises at
public auction in said town of Mashpee at least once each month for
such recovering more and become the purchaser or purchasers
of the same. This conveyance is made out acceptable subject to the
existing conditions and existing namely:
1. In case of a contemplated sale of said lot or parcel of land or
any part thereof, said Thorp and Thorp, her heirs and 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
subjecting time price in good faith made and actually offered to the
said leased party, their heirs or assigns.
2. The above conveyed premises shall be used only as a site for
one residence or dwelling house on the lot hereby conveyed, which dwelling
house shall be erected on the premises in accordance with the building
laws in force on said plat, and no portion of any building or dwelling
more (porch included) shall encroach the street or street or ocean
frontage than ten feet building line, nor shall any building of any
nature or kind whatsoever extend the side lines of the lot beyond those
line heretofore, no detached garage or other building or buildings
shall be erected thereon, dwelling house other erected on land but shall not
extend completed less than one thousand ($1000) sq ft, all
pits, ditches, gutters or other drains or sewage utility shall be filled
to a suitable depth to be constructed and maintained on the above
premises by the grantees their heirs and assigns at their and cost
3. No ruins or hide walls, fences or piles shall be permitted
no ras of any kind, nor anything (except the dwelling house)
be made in any way obstruct the view from any part of any
adjacent property or any dwelling place in this colony's shrub.
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flowers and vegetables shall be permitted.
4. No poultry, swine, cattle, noisy or vicious dogs or cats or any
other noisy or objectionable animals or birds shall be kept or permitted to
be kept in said premises.
5. The said Honored B. Thompson, his heirs and assigns, reserve the right
to enter upon the above described and conveyed premises to lay any
pipe water or sewers, or to repair the same, always leaving the premises
in as good condition as when entered.
6. It is hereby further covenanted understood and agreed any
and between the parties hereto that all of the aforesaid conditions covenants and
agreements on the part of the said grantee, their heirs and assigns on
their part to be held 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 deed and therefore that in case of any violation of the
above conditions or covenants on the part of said grantee their heirs or
assigns, that the title and fee to said premises shall revert to said Honored
B. Thompson, his heirs and assigns, and he they may recover possession or
tenure of the estate hereby granted and all right title and interest
hereby conveyed shall be forfeited and cease and terminate.
Witness my hand this 10th day of July, AD 1930.
R.E. Traires Mary S. Decker L.S.
State of Rhode Island
County of Providence
In Diversity on the 10th day of July, AD 1930 before me personally
appeared the above named woman known to me known and known by me to
be the party executing the foregoing instrument and she acknowledged
said instrument by her specified to be her free act and deed.
Roger E. Traires
Notary Public L.S.
Received for record July 14, 1930 at 8-30 o'clock A.M.
and recorded by George B. Barnes, Town Clerk.