The instrument's own words
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KNOW ALL MEN BY THESE PRESENTS, That HOWARD M. 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 EMILY BRIGGS CHATFIELD, of Voluntown, county of New London and State of
Connecticut hereinafter called the Grantee, the receipt whereof is hereby acknowl-
edged, good, hereby give, grant, bargain, sell and convey unto the said Grantee,
and her heirs and assigns forever, a certain tract or parcel of land situate and describ-
ed as follows, to wit:
lot Number Seventy (70) as shown and delineated on a certain plat or
plan entitled "Plan of Quonochonticut Neutral Beach, Charlestown, R. I.,
Town & Trustee's Map" filed with the Registry of Deeds in the County of Wash.,
Rossi and Lewis, Engrs., " referred to Sept. 10, 1959 being on the file in the
Town Clerk's office in Charlestown, the said premises together with the said Grantee,
heirs and assigns, shall have the right to pass and repass to and from and
from and to the said premises over any road or other way, whether public or private,
and across those certain rights of way or roads as shown on said plan or
plan leading to the public highway, and shall further have the right of way leading to
the beach and along the right of way leading from the road to the fresh
water pond and any other way or ways leading to the said Grantee, her heirs and
assigns be and for the use of the said Grantee, her heirs and assigns, for
their use and assigns that the said Grantor, his heirs and assigns, on and before the
first day of August, 1963, shall cause the sum of One Hundred and Fifty
Dollars for each lot hereby conveyed, sum to be expended and applied
by the said Grantor, his heirs and assigns, in his and their absolute discretion
to core and the maintenance of the roads and other portions that
may be designated by the Grantor, and provided that the said sum of money
is paid make the said lien and charge upon the premises hereby conveyed,
and in case some one of the said lots is not paid, the Grantor, for his heirs and
assigns the same shall become due, it shall be lawful for the Grantor, his heirs
and assigns to sell the said lot or lots at auction, Sales at Public auction, giving
notice of such sale in some newspaper published in said County of
Washington, at least ten days prior to the sale for three successive weeks, and
to become the purchaser or purchasers at said sale.
TO HAVE AND TO HOLD, the aforementioned premises, with all the rights,
privileges and appurtenances thereto belonging, unto and to the use of the said
Grantee, her heirs and assigns forever; subject however to the following conditions
Grantee, her heirs and assigns agree:
and restrictions, namely:
1. In case of a contemplated sale of said lot or parcel of land or any part
thereof, said Grantor, his heirs or assigns, shall be given ten days'
notice in writing enabling the said Grantor, his heirs or assigns to exercise an option to purchase the same
with the building and improvements thereon at the highest bona fide price on
the market fixed made and agreed upon between the said Grantee or Grantor etc.
2. The above conveyed premises shall be used only as a site for one dwelling
house on each lot hereby conveyed, which dwelling house shall be erected
on the premises in accordance with the building lines as shown on said plat,
and no portion of any building, structure and porch (including porches) shall
approach the street or streets or ocean front nearer than said building line,
nor any building shall be erected on any lot or lots nearer than five feet therefore on
the side lines of the lot or lots nearer than five feet therefore no more than
two stories high, and the said dwelling house shall not be completed until
at least one Thousand square feet of floor space be enclosed 70, and no other
dwelling house erected on said lot or lots shall come completed not
less than One Thousand square feet of floor space be enclosed 70, and no other
baths, kitchens or other drains or sewage outlets shall be placed in a
suitable cesspool to be constructed and maintained in a sanitary condition
by the Grantee, her heirs and assigns at her or their own expense and
cost
3. No division of one lots, walls, hedges or fences shall be permitted, nor
trees of any kind, non anything (except the dwelling house) that shall
in any obstruct the view from any part of any adjoining property or any
other dwelling place in this colony shores, flowers and vegetables shall
be permitted.
4. No poultry, siren, entertainment, noisy or loud dogs or cats or any noisy
or objectionable animals or creatures shall be kept or permitted to be kept
on said premises.
5. The Grantor, his heirs and assigns, reserve the right to enter upon the
above described and conveyed premises to lay pipe utilities pipes or pipes,
or to repair the same, always leaving the premises in as good condition as
when its entered.
6. It is hereby further convened, understood and agreed by and between
the parties hereto that all the aforesaid conditions, covenants and
agreements on the part of the said Grantee, her heirs and assigns, on
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her or 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 con-
sideration of this sale and purchase that in case of any violation of the
above conditions or covenants by said Grantee or her heirs or assigns, that
the title and the fee simple to said premises shall revert to the
said Grantor, his heirs or assigns, or be they or may represent themselves
or themselves of the estate, and that all right, title and interest
hereby conveyed shall be forfeited and cease and terminate.
The said Grantor for himself, his heirs, executors and administrators, cov-
enants with the said Grantee, her heirs and assigns, that he and they are lawfully seized in
fee simple of the said granted premises; that the same are free from all incumbrances,
except as aforesaid, 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 her heirs and
assigns, shall by these presents at 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, administrators shall warrant and defend the same to the
said Grantee, her heirs and assigns, forever against the lawful claims and demands
of all persons except as aforesaid.
And for the consideration aforesaid, I, HATTIE M. THORP, do hereby release
all my right of dower in and to the said granted premises unto the said Grantee, and
her heirs and assigns forever.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 17th day
of August in the year of our Lord one thousand nine hundred and thirty-one.
Executed in the presence of
R. E. Trainer Howard M. Thorp L. S.
Hattie M. Thorp L. S.
STATE of RHODE ISLAND)
COUNTY of WASHINGTON )
In Westerly, on the 17th day of August A. D., 1931, before me personally
appeared HOWARD M. THORP and HATTIE M. THORP, 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 R. Trainer
Notary Public.
Received for record September 26th, 1931 at 5:40 o'clock A. M., and
recorded by [Signature]
Town Clerk.