The instrument's own words
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190
I, John S. Burdick, husband of the Grantor, Myra W. Burdick, release to said
grantees all my right of curtesy and other all other interest in the aforementioned premises.
WITNESS our hands this 22nd day of Aug. A. D. 1935.
MYRA W. BURDICK (SEAL)
JOHN S. BURDICK (SEAL)
(INTERNAL REVENUE STAMP, 50¢)
STATE OF RHODE ISLAND )
) ss.
County of Washington )
In Westerly on the 22nd day of Aug. A. D. 1935 before me personally appeared
John S. Burdick and Myra W. Burdick, husband and wife, to me known and known by me to
be the parties executing the foregoing instrument, and they acknowledged said instru-
ment, by them executed, to be their free act and deed.
HOWARD E. THORP
Notary Public.
Received for record October 1st, A. D. 1935 at 9:00 o'clock, a. m., and
recorded by
[Signature]
Town Clerk.
I, Hannah R. Trainer, widow, of the Town of Westerly, County of Washington, and
State of Rhode Island, hereinafter called the Grantor, for consideration paid grant to A.
Wilson Barstow and Dorothy H. Barstow, husband and wife, both of the City of Providence,
County of Providence, State of Rhode Island, hereinafter called the Grantees, with
WARRANTY COVENANTS:
A certain tract or parcel of land situated and being in the town of Charlestown,
in said County of Washington and bounded and described as follows, to wit:
Lot number burdened ninety-four (94) square feet and delineated on a certain plan
or plat entitled, "Continuation of Central Beach Plat" dated Oct. 1, 1934, by L. Thorp &
Trainer, Inc., Agents, 80 feet to the Inch, October, 1934, Rosal & Lewis, Amgrs.,
recorded in Land Evidence Book 267, page 111, on October 1st, 1935, in the Town
Clerk's Office in said Town of Charlestown. Said Grantees, their heirs
and assigns, shall have the right to make and repair paths and roads to and from and for
use in and said lot or tract of land, and to erect poles, wires and conduits and
certain rights of way or roads as shown on said plan or plat leading to the
public highway and way to the beach, including the right to make and maintain
the right of way leading from the road to the fresh water pond, and any other
portions of said lot or tract of land as designated for such purpose. The said
said Grantees, for themselves, their heirs and assigns, hereby covenant and
agree to and with the Grantor, her heirs and assigns, and the said Lot 94,
Grantees, their heirs and assigns, will and shall pay and award to Howard R. Thorp, of
Westerly, Washington, as Trustee for the Central Beach Association, 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 is expended and applied by the said
Howard R. Thorp for maintenance of the roads and that money which may be
designated for public improvements. In the event that any such sum should not
be made a lien and charge upon the premises hereby conveyed, and in case of
failure to make any such payment when due, the Trustee for the Association, or
it shall be lawful for the said Howard R. Thorp, 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 town of Charlestown, at least once a
week for three successive weeks, and to become the purchaser or purchasers
at said sale. This conveyance made and accepted subject to the following
conditions and restrictions, namely:
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191
1. In case of a contemplated sale of said lot or parcel of land or any
part thereof, said Howard S. Thorp, his heirs or assigns, shall be given
ten days notice in writing and shall have the first option to purchase
the same with the buildings and improvements thereon at the highest bona
fide price in good faith made and actually offered to the said heirs,
their heirs and assigns.
2. The above conveyed premises shall be used only as a site for one
dwellinghouse on the lot hereby conveyed, which dwelling house shall be
erected on the premises in accordance with the zoning bylaws in effect as
of this date and no part of any buildings or dwellinghouse (porch)
shall approach the street or streets or oceans from nearer than said building
line, nor shall any fence, wall, hedge or shrubbery be erected along the
side lines of the lot nearer than five feet therefrom; no detached garage
or other auxiliary building shall be erected thereon; further, when
erected on said lot shall cost when completed not less than One Thousand
(1000) Dollars; all sinks, toilets, baths, kitchen or other drains or sewage
outlets shall be piped to a septic tank system constructed and maintained on
the premises by the Grantees, their heirs and assigns, at their own cost
and expense.
3. No divisions or line walls, hedges, or fences shall be permitted nor
tree of any kind, nor anything (except the dwelling house) shall in any way
obstruct the view from the street of the improving property, landscaping
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
in said premises.
5. The said Howard S. Thorp, 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 represented and understood and agreed by and between the
parties that all of the aforementioned conditions, covenants and agreements a
the part of the said Grantees shall be binding obligations on their part to be kept
and performed, shall attach to and run with the land hereby conveyed; it is
further agreed and understood between the parties to this sale and convey
that in case of any violation of the above conditions or covenants on the part
of said Grantees, their heirs and assigns, all right, title and interest in and for
said Grantees, their heirs and assigns, and all right, title and interest in and for
shall revert to said Howard S. Thorp, his heirs or assigns, and he or they may
repossess himself or themselves of the land hereby granted and all right, title,
and interest hereby conveyed shall be forfeited and cease and terminate.
WITNESS my hand this 7th day of August, A. D. 1935.
HANNAH R. TRAINER (SEAL)
(INTERNAL REVENUE STAMP, 50¢)
STATE OF RHODE ISLAND)
)
County of Washington )
I in Westerly on the 7th day of Aug. A. D. 1935 witness before me personally appeared
the above named grantor, to me known and known by me to be the party executing the foregoing
instrument, and she acknowledged said instrument by her executed to be her free act and deed.
ROGERS R. TRAINER
Notary Public.
Received for record October 1st, A. D. 1935 at 9:05 o'clock, a. m., and
recorded by [Signature] Town Clerk.