The instrument's own words
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KNOW ALL MEN BY THESE PRESENTS, That HOWARD E. THORP, of the Town of Westerly,
County of Washington, and State of Rhode Island, hereinafter called the Grantor, in con-
sideration of Ten (10) Dollars and other valuable considerations, paid by Henry Dorsey
and Beulah Davis Dorsey, husband and wife, of Storre, County of Tolland, State of Con-
necticut, as joint tenants and not tenants in common, hereinafter called the Grantees,
the receipt whereof is hereby acknowledged, does hereby give, grant, bargain, sell and
convey unto the said Grantees, and their heirs and assigns forever, a certain tract or
parcel of land situate and being in the Town of Charlestown, in said County of Washing-
ton, bounded and described as follows, to wit:
Lot number Five (5) as shown and delineated on a certain plan or plat entitled
"Pier of quomoctong Contaul Beach, Charlestown, R.I., Thorp & Trainer, Inc., Agents,
eighty feet to the high water, October, 1958, Rossi and Lewis, Engrs.," said plan or plat
being on file in the Town Clerk's Office in said Town of Charlestown; the said Grantees,
their heirs and assigns, shall have the right to pass and repass to and from and across
and to said lot or tract on foot or otherwise, over, on and across those certain rights
of way of 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 the road
to the fresh water pond and any other portions of said plat which might hereafter be
designated for Public Use, the said Grantees, for Themselves, their heirs and assigns,
hereby covenants and agrees to and with the said Grantor, his heirs and assigns, that
the said Grantees, their heirs and assigns will and shall pay to the said Grantor, his
heirs and assigns, on or before the first day of August in each year hereafter, the sum
of Five (5) Dollars for each lot hereby conveyed, said sum to be expended and applied
by the said Grantor, his heirs and assigns, in and by 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 hereby made a lien and charge upon
the premises hereby conveyed, and in case of the failure to make payment within one
year after the same shall become due, it shall be lawful for the Grantor, his heirs and
assigns, to sell and convey the premises at Public Auction, first giving notice of such
sale in some newspaper published in said County of Washington, at least once each week
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 belonging unto, and to use of the said Grantees, their heirs and
assigns and successors forever; subject however to the following conditions 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 of such intention and shall have the option to purchase said lot
with the buildings and improvements thereon at the highest bona fide price
in good faith made and actually offered to the said Grantees or their
heirs or assigns.
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 regulations of said lot as shown on the build-
ing plan, and no portion of any dwelling or dwelling house (porch included)
shall approach the street or streets or ocean front near the boundary of the build-
ing line, nor shall any fence, wall or hedge of any kind whatsoever approach
the side lines of the lot or lots nearer than five feet therefrom no de-
tached garage or other building shall be erected on said lot or lots without
dwelling house erected on said lot or lots shall cost when completed not
less than two (2) Thousand Dollars ($2,000.00) All toilets, bathrooms,
kitchen or other drains or sewage outlets shall be piped to a suitable cess-
pool to be constructed and maintained on the above premises by the Grantees,
their heirs and assigns, at their own cost and expense.
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129
3. No division or line walls, hedges or fences shall be permitted, nor
trees of any kind, nor anything (except the dwelling house) that shall
in any way obstruct the view from any part of any adjoining property
or any dwelling place in this colony; shrubs, 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 on said premises.
5. The Grantor, his heirs and assigns, reserves the right to enter upon the
above described and conveyed premises to lay any pipes outlets or pipes,
or to repair the same, always leaving the premises in as good condition
when done instead.
6. It is hereby further understood, covenanted and agreed by and between
the parties hereto that all the aforesaid conditions, covenants and
agreements on the part of the Grantor, his heirs and assigns, their heirs and
on, their or their part to be kept and performed, shall attach to and run
with the land hereby conveyed; it is further agreed and made apparent that
the consideration of this conveyance is such that in case of any violation
of the above conditions or covenants on the part of the said Grantees or
their heirs or assigns, the said Grantor, his heirs and assigns may cause all
revert to the said Grantor, his heirs or assigns, and he or they may re-
possess himself or themselves of the said hereby granted and conveyed,
title and interest hereby conveyed shall be forfeited and cease and terminate.
The said Grantor for himself, his heirs, executors and administrators, covenants
with the said Grantees, their heirs and assigns, that he is lawfully seized in fee
simple of the said granted premises; that the same are free from incumbrances, ex-
cept as aforesaid, that he has good right, full power, and lawful authority to sell and
convey the same in so manner as aforesaid, that the said Grantees and their heirs and
assigns, shall by these presents at all times henceforward peaceably and quietly have and
enjoy the said premises, subject as aforesaid, and that the said Grantor will and his
heirs, executors and administrators shall warrant and defend the same to the said Grantees,
their 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 Grantees, and their
heirs and assigns forever.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 14th day of
December in the year of our Lord one thousand nine hundred and Thirty-four
HOWARD S. THORP (SEAL)
HATTIE M. THORP (SEAL)
(INTERNAL REVENUE STAMP, $1.00)
STATE OF RHODE ISLAND )
)
County of Washington )
In Westerly, on the 14th day of December A. D., 1934, before me personally
appeared Howard S. 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.
MARY S. THORPE
Notary Public.
Received for record July 15th, A. D. 1935 at 9:00 o'clock, A. M., and
recorded by [Signature]
Town Clerk.