The instrument's own words
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163
KNOW ALL MEN BY THESE PRESENTS, That HOWARD B. 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 Avalita M. Brown,
of the City of New Rochelle, County of Westchester, State of New York hereinafter called
the Grantee, the receipt whereof is hereby acknowledged, does 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 being in the Town of Charlestown, in said County of Washing-
ton, bounded and described as follows, to wit:
Lot number 121 as shown and delineated on a certain plan or plat entitled, "Plan
of Quonochontaug Clear Beach, Charlestown, R. I., Thorp & Fraiser, Inc., Agents, eighty
feet to the inch, October, 1924, Rossi and Lewis, Engrs.", said plan or plat being on file in
the Town Clerk's office in said town of Charlestown the said Grantee, her heirs and
assigns, shall have the right to pass and regress to and from and from 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 well the rights of way lead-
ing 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 Grantee/her heirs and assigns, hereby covenants and agrees to and with the said
Grantor, his heirs and assigns, that the said Grantee, her heirs and assigns, will and shall
pay to the said Grantor, his heirs and assigns, on and 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 ex-
pended and applied by the said Grantor, his heirs and assigns, in his and their uncontrolled
discretion to the care and maintenance of the roads 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 any 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 success-
ive 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 appurtenents thereto belonging unto, and to the use of the said Grantee, her heirs
and assigns 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 Grantee, his heirs or assigns, shall be given ten days'
notice in writing and be given the first option to purchase the land
with the building and improvements thereon at the highest bona fide price
in good faith made and available to the said Grantee or her heirs
or assigns.
2. The above conveyed premises shall be used only as a site for one
dwelling house on each lot hereby conveyed on which dwelling house shall be
erected on the premises in accordance with the building lines (porch included)
shown on said plat, and no option of any building or dwelling house (porch included)
shall encroach the state highway or streets or ocean front nearer than said build-
ing line, nor shall any building or dwelling house or porch extend beyond the
side lines of the lot nor shall any lot nearer than five feet therefrom no de-
tached garage or out building of any kind shall be erected nor shall any
dwelling house erected on said lot or lots shall cost who completed not
less than One Thousand Dollars ($1,000.00) on lot number 121 and One Thousand Two
hundred Dollars ($1,200.00) on lot numbered---all toilets baths, kitchen or other drains or sewage
culverts shall be piped and shall be constructed in accordance with the regulations main-
tained on the above premises by the Grantee, her heirs and assigns, at her
or their own cost and expense.
3. No division or line walls, hedges or fences shall be permitted, nor trees
of any kind nor any structure (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 vegetable shall be permitted.
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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, reserve the right to enter upon
the above described and conveyed premises to lay any pipe outlets or pipes,
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 by and between
the parties hereto that all aforesaid conditions, covenants and agree-
ments on the part of the said Grantee, her heirs and assigns, and those
their part to be kept and performed, shall attach to and run with the land
hereby conveyed; in the event of any breach or failure of the performance of
this sale and purchase that in case of any violation of the above conditions
or covenants on the part of said Grantee or her heirs or assigns, the title
and right to said premises shall revert to the said Grantor, his heirs or
assigns, and he or they may repossess himself or themselves of the estate
hereby granted and conveyed and all right 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 Grantee, her 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 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 pre-
sents at all times hereafter peaceably and quietly have and enjoy the said premises, sub-
ject as aforesaid, and that the said Grantor will and his heirs, executors and adminis-
trators shall warrant and defend the same to the said Grantee, her heirs and assigns, for-
ever against the lawful claims and demands of all persons except as aforesaid.
And for the consideration aforesaid, I, MATTIE 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 23rd day of August
in the year of our Lord one thousand nine hundred and thirty-five
Executed in the presence of
(INTERNAL REVENUE STAMP, 50¢) HOWARD S. THORP (SEAL)
MATTIE M. THORP (SEAL)
STATE OF RHODE ISLAND)
)
County of Washington )
In Westerly, on the 23rd day of August A. D. 1935, before me personally appeared
HOWARD M. THORP and MATTIE M. THORP, to me known and known by me to be the parties exe-
cuting the foregoing instrument, and acknowledged said instrument by them executed to be
their free act and deed.
MARY R. THORPE (SEAL)
Notary Public.
Received for record August 27th, A. D. 1935 at 9:00 o'clock, a. m., and recorded by
[Signature]
Town Clerk.