The instrument's own words
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138
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 Harold B. Congdon
and Ethel F. Congdon, husband and wife, both city of Providence, County of Providence
and State of Rhode Island hereinafter called the Grantees, the receipt whereof is hereby
acknowledged, does hereby give, grant, bargain, sell and convey unto the said Grantees, as
joint tenants and not tenants in common and their heirs and assigns, forever, a certain
tract or parcel of land together with (dwelling house and other improvements thereon and
including the furnishings therein situate and being in the Town of Charlestown, in said
County of Washington, bounded and described as follows, to wit:
Lots number twenty-six (26) and twenty-seven (27) as shown and delineated on a
certain plan or be entitled "Plan of Quonocutong Coast Beach, Charlestown, R. I.
Thorp & Frazier, Inc., Agents, eighty feet to the inch, October, 1924, Rosal and Lewis,
Engrs.," said plan or plat being on file in the Town Clerk's Office in said Town of Charles-
town; the said Grantees, their heirs and assigns, shall have the right to pass and repass
to and from and from to and to said lot or tract on foot or otherwise, over, on and across those
certain rights of way or roads as shown on said plan or plat leading to the public highway
and as will the rights of way leading to the beach path 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 his or 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 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. As part purchase price it is understood and agreed that the
grantees assume and agree to pay the taxes assessed June 15, 1935.
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 Grantees, their
heirs and assigns forever; subject however to the following conditions and restrictions,
namely:
1. In case of a contemplated sale or 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 and shall have the first option to purchase the same
in good faith and manner and at the highest bon fide price offered
to said Grantor or his heirs
or assigns.
2. The above conveyed premises shall be used only as a site for one dwelling
house on each lot hereby conveyed, such dwelling house shall be erected on
the premises in accordance with the limitations shown on said plat,
and no portion of the said dwelling house (both including porches) shall extend be-
yond the approach street or stores or ocean front nearer than said public
line, nor shall any building of any nature or kind whatever approach the
side lines of the lot to be less than twelve (12) feet from the side-
tached garage or other outbuilding or buildings shall be erected thereon;
dwelling house construction shall be of a value when completed not
less than Three Thousand Dollars on lot numbered 26 and Three Thousand Dollars
on lot numbered 27; and that all sewers, other drains or other waste
outlets shall be piped to a suitable cesspool to be constructed and maintained
on the above premises by the Grantees, their heirs and assigns, at their or
their own cost and expenses.
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139
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 premises to lay any pipes outlets, or to repair pipes, or to repair the same,
always leaving the premises in as good condition as when such entry was made.
6. It is hereby further guaranteed, understood and agreed by and between all
the parties hereto that, the aforesaid conditions, covenants and agreements on
the part of the said Grantee, their heirs being restrictive, on the part of the
part to be kept and performed, shall attach to air rud with the land hereby conveyed;
it is further agreed and made a part of the consideration of this sale and
purchase that in case of any breach of the above conditions or agreements on
the part of said Grantees, or their heirs or assigns, that the title and fee
to said premises shall automatically revert to the Grantor and his heirs and
he or they may repossess himself or themselves of the estate hereby granted and
all rights, 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 all incumbrances, except as afore-
said, that he has good right, full power, and lawful authority to sell and convey the same
in manner as aforesaid, that the said Grantees, and their 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 and adminis-
trators shall warrant and defend the same to the said Grantees, their heirs and assigns,
forever against all 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 18th day of July
in the year of our Lord one thousand nine hundred and thirty-five
HOWARD S. THORP (SEAL)
HATTIE M. THORP (SEAL)
(INTERNAL REVENUE STAMPS, $7.00)
STATE of RHODE ISLAND )
County of Washington )
In Westerly, on the 18th day of July, A. D. 1935, before me personally appeared
HOWARD E. 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 E. THORPE
Notary Public.
Received for record July 23rd, A. D. 1935 at 9:35 o'clock, a. m., and recorded by
[Signature]
Town Clerk.