USA > Rhode Island > Providence County > Providence > The early records of the town of Providence, Vol. XVIII, 1600s > Part 11
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Section 4. That any person who shall violate any provision of this Ordinance shall forfeit and pay a sum not less than five nor more than One Hundred Dollars to and for the use of the City to be recovered by proper legal process before any Court of Competent Jurisdiction
Section 5. That so much of said Ordinance of which this Ordi- nance is in alteration and addition as is inconsistent herewith be and the same is hereby repealed.
Passed December 8 1845.
[City Council Records No. 2, pages 266-7-8.]
[June 1, 1846.] Resolved That the sum of Five Hundred dollars be appropriated to pay expenses in laying out and making lanes and avenues in the North Burying Ground and that the City Treasurer pay the same upon the order or orders of the Committee on said Burying Ground out of any money in the Treasury not otherwise appropriated.
Passed June 1, 1846.
[City Council Records No. 2, page 310.]
[June 1, 1846.] Resolved that Messrs Patten, Stimson, Daniels and Alderman Knowles be and they are hereby appointed a Committee
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upon the North Burying Ground with full power under and to continue and to carry into effect the provisions of any ordinance or Resolutions existing in relation to said Burying Ground.
Passed June 1, 1846.
[City Council Records No. 2, page 310.]
[December 4, 1846.] John Carter Brown to Wm. Randall-$ 100. Warranty. Know all men by these presents, That I John Carter Brown of Providence in the State of Rhode Island in consideration of One Hundred Dollars to me in hand already paid by Z. Allen in behalf of the Subscribers to the Fund for improving the North Burial Ground have given, granted, bargained, sold and hereby give, grant, bargain, sell, convey and confirm unto William Randall of North Providence in the State aforesaid his heirs and assigns forever,
A certain tract or parcel of land situate on the Westerly side of the Pawtucket Turnpike and constituting the Northerly part of the parcel of land purchased by me of the City of Providence by Deed dated October Eleventh A. D. 1845. Said tract is Bounded Southerly on other land of the Grantor by the continuation of the straight line recently agreed upon by said Randall and the Committee of the City of Providence as the boundary line (extending from the Smithfield Turn- pike) of the North Burial Ground Easterly by the Pawtucket Turnpike and Power Road, Northerly and Westerly by said Power Road & Sexton street to the Range of the North Burial Ground Boundary line afore- said. Also a small piece of Land on the North side of Power Road containing 8/100 part of an acre, which tracts are particularly desig- nated and lain out by a Plat1 thereof hereto annexed containing in the whole Eighty Nine Hundredths of an acre. [Deed Book No. 13, page 214, City of Pawtucket.]
1 Plat H.
028963
North Burial Ground
Line
Sexton
st.
0.81 Acres
Line of North Providence
Road
008 Acres
Power
Pawtucket
Turnpike.
H
This Deed and Plat lodged for Record July 14,1848 at three o'clock PM and
' Recorded Attest 9.86. Weeden. T. Clerk .
C
Plat H opposite page 116.
[ [17 ]
[December 14, 1846.] Resolved that the City Treasurer be and he is hereby authorized and directed to make execute & deliver in be- half of the City such deeds and other legal instruments as are necessary or proper to carry into effect any agreements or Contracts with owners of land adjoining the North Burying Ground made by said Committee in making exchanges of land, in fixing and establishing the bounds of said North Burying Ground in Conformity with the resolutions of the City Council passed August 1I 1845
Passed December 14 1846.
[City Council Records No. 2, page 341.]
[December 23, 1846.] City of Providence and Wm. Randall - Indenture. This indenture of two parts made and executed by and between William Randall of North Providence in the State of Rhode Island of the one part and the City of Providence of the other part, for the purpose of straightening the boundary lines that divide the land improved by the party of the first part for agricultural purposes from the land improved by the part of the second part for the purpose of a public cemetery.
Witnesseth That the following described line shall hereafter be and constitute the dividing boundary between the parties to this indenture their heirs and assigns forever viz : Commencing at a stone post set in the ground on the westerly side of Sexton street forming the corner of the fence recently erected by the said City of Providence to enclose said Public Cemetery, thence running North 65°-37' West seventeen chains seventy five links to a stone set in the ground ; thence south 18° West about six chains 77 links to a stone set in the ground at the corner of the fence as it now stands on the division line between the parties.
And I the said William Randall for and in consideration of the premises and of the conveyance hereinafter made to me by the said City of Providence do hereby remise release and forever quit claim to the
said City of Providence and to their assigns forever all my right title and interest in and to all the land that doth lie on the south side of the boundary line first described, and on the easterly side of the boundary line last described, containing two acres and seven hundredth parts as by the plat1 of said premises drawn by H. F. Walling and dated Decr 2d 1846 will more fully appear.
And the said City of Providence in consideration of the premises and of the aforesaid conveyance made by the party of the first part hereby remise release and forever quitclaim to the said William Randall . his heirs and assigns forever, all the right title and interest in and to all that portion of the land heretofore claimed by said City of Providence as part and parcel of the North Burial Ground which lieth to the north of the first described line, extending from the west side of Sexton street, North 65°-37 West, seventeen chains, seventy five links to a stone set in the ground ; containing Ten acres and seven hundredth parts of an acre, as by reference to said H. F. Walling's plat thereof will more fully appear.
In testimony whereof the parties aforesaid have hereunto inter- changeably set their hands & seals this Twenty third day of December A. D. 1846
In presence of Wm. S. Patten L. Allen
William Randall Stephen Tripp City Treasurer.
[Deed Book No. 102, page 235.]
[December 23, 1846.] Wm. Randall to City of Providence - $587 .- Warranty. A certain tract or parcel of land situated in North Prov. in the State aforesaid & adjacent to the North Burial Ground bounding westerly on the Smithfield Turnpike whereon it measures ten chains, fifty nine Links from the line of fence forming the north bound-
1 Plat 1.
Ham
Plat of the Northern Boundary of the North Burial Ground Surveyed and Platted Dec.2ª 1846 by H.F.Walling.
7 chains 15 links
Mag. Mer.
Smithfield Turnpike.
Ock E- 5 S 65.37 E 25 chains 50 links ( whole distance )
Power Road
2.07 Acres .
Fence .
Randalls
2.07 Acres
I Street.
Line of North Providence
Turnpike .
Sexton
I
Pawtucket
O
300
40
500
Original anhie in Guly Enginesors Ofber
28'45 6. 10 chains 59 links
NISE 6 chains 11 links (by scale)
6.76 Acres
N8 E 2.16 chains
581= E. 6 chains 67 links
Plat | opposite page 118.
[ [19 ]
ary of Samuel Wheldens land to a Stone Set in the Ground in a course N 8°-45' E therefrom thence South 65°-37' E Seven Chains Seventy five Links to a Stone Set in the Ground which forms the newly estab- lished boundary Stone between my land and the North Burial Ground thence S 18° W about Six Chains seventy seven Links to a Stone set in the Ground at the corner of the fence on the old boundary line of the North Burial Ground, thence S 8º West two Chains sixteen Links along said boundary line to the corner of the fence on Samuel Wheldens land, thence N 81 1/4° W. Six Chains Sixty seven links along the fence of said Wheldens land to the first mentioned bound. Containing Six Acres & Seventy six hundredths parts as by reference to a plat1 of the premises drawn by H. F. Walling & dated Dec. 2nd 1846 will more fully appear under the following express restrictions & conditions. That whereas the amount paid to me as purchase money for the above described premises was furnished by certain Citizens of Providence by voluntary Contribution for the purpose of enlarging the limits of the said North Burial Ground and of causing the same to be appropriated solely & exclusively for use as a public Cemetery forever, this deed of conveyance is made as a special Trust to said City for this purpose only & to be applied to no other use by those to whom said City may sell private Burial Lots in fee simple under suitable restrictions for the regulations of a public Cemetery. And I the said William in considera- tion aforesaid do hereby give, grant, & convey to the said City of Provi- dence & their assigns forever the right to lay pipes to convey water through my land, adjoining the easterly Bank of the Blackstone Canal in the most convenient direct line between the Canal Lock & the premises hereby conveyed to transmit the River Water thereto on the condition that said Pipes shall be laid below the reach of the Plough. [Deed Book No. 103, page 243.]
1 Plat 1.
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[April 12, 1847.] Resolved That the sum of Five Hundred Dol- lars be and the same is hereby appropriated for grading and improving the North Burying Ground, out of any money in the City Treasury not otherwise appropriated and that the Treasurer pay the same upon the order of the Committee on the North Burying Ground.
Passed April 12, 1847.
[City Council Records No. 2, page 362.]
[June 7, 1847.] Resolved That Messrs Stimson Patten Daniels & Earle of the Common Council and Alderman Knowles be and they are hereby appointed a Committee upon the North Burial Ground with full power under and to continue and carry into effect the provisions of any Ordinance or Resolution existing in relation to said Burial Ground. Passed June 7 1847. [City Council Records No. 2, page 375.]
[August 9, 1847.] To the City Council
The Committee on the North Burying Ground respectfully Repre- sent,
That Samuel Whelden is the owner of a Tract of land adjoining the North Burying Ground and bounded thereby on all its sides except the Westerly side which is bounded by the Smithfield Turnpike.
This tract of land Consists of about Six acres on which are three dwelling houses & two barns, that said Whelden has caused the tract to be patted into house lots, according to a plat herewith exhibited for the purpose of disposing of the whole property and offers it to the Com- mittee for Six thousand dollars
The Committee Consider the offer an advantageous one for the City, believing that thereby the City will be able to benefit and increase the burying ground by the addition of a part of said tract and will straighten the lines of the Ground diminish the quantity of fencing will place a Street in front of its Westerly line and will by an exchange of land with
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the Burying Ground, possess and retain land enough with the buildings thereon to return if sold by the City all and probably more than the amount paid for the whole tract.
The Committee therefore recommend that the City Council authorize the purchase of said Tract and appropriate the sum of Six thousand dol- lars for that purpose and submit the accompanying resolutions in con- formity with their recommendation
Wm S. Patten.
Providence August 9 1847.
Read Whereupon it is resolved that the same be received.
Passed August 9 1847.
Resolutions for the purchase and appropriation of Land of Samuel Whelden adjoining the North Burying Ground
Section 1. Resolved, that the Committee on the North Burying Ground be and they are hereby empowered to purchase for the City a tract of land belonging to Samuel Whelden containing about six acres, with the buildings thereon adjoining the North Burying Ground three sides thereof being bounded thereby and the Westerly side bounded by the Smithfield Turnpike and that the sum of Six thousand Dollars be appropriated out of the City Treasury for the payment therefor, to be paid by the Treasurer on the order of said Committee.
Sec. 2. That said Committee cause an avenue or road to be made on the Northerly side of said tract forty feet wide running Easterly from said Smithfield Turnpike about Two Hundred feet then turning preserving at least the same width and running Southerly across said tract and to the said Smithfield Turnpike, so as to leave two hundred feet in width of said tract on the Westerly side of said avenue ; that the remainder of said tract on the Easterly side of said Avenue be and the same is hereby appropriated for ever to the North Burying Ground as part and parcel thereof to be fenced into the same. The tract of land 16
122 [ ]
now belonging to the Burying Ground on the South westerly side of said avenue, to belong to the City in exchange for the part of said Whelden Tract, hereby appropriated to said Burying Ground - said Avenues separating the Burying Ground from the said tracts of land to be forever kept open of a width of not less than forty feet and without being built or encroached upon.
Section 3. That the City Treasurer be and he is hereby directed to dispose of any portion of said property under the advice and direc- tion of the North Burying Ground Committee as they shall deem advisable.
Passed August 9 1847. [City Council Records No. 2, pages 388-9.]
[August 21, 1847.] City of Providence to James Caffrey-$825 -Warranty. A certain lot of land situate in North Providence. Be- ginning at the Southwesterly corner of a lot on the East side of the Smithfield Turnpike Road and Runs Northerly Bounding Westerly on said Road Seventy four feet to land recently belonging to William Randall thence Easterly bounding Northerly on said Randall Land one hundred and one feet to lot No 9 on a plat of house Lots on Smithfield Turnpike belonging to Samuel Whelden Surveyed and Platted June 8 1847 by Atwater & Schubath thence Southerly bounding Easterly on Lots No 9 & 10 Seventy three -2% feet to Lot No. 7 thence Westerly and Bounding Southerly on Lot No 7 one Hundred and one 93 feet in a line across the middle of a well on said Lot and is No 8 (Eight) on said Plat. [Deed Book, No. 14, page 153, Pawtucket.]
[August 24, 1847.] Samuel Whelden to City of Providence- $4990-Warranty. A certain piece or tract of Land situated partly in said City & partly in the Town of North Providence in said County with two Dwelling houses, and a Barn thereon standing & is bounded & described as follows viz. beginning at the Southwesterly corner of
[ 123 ]
Lot No I (one) on a "plat of Ilouse Lots on Smithfield Turnpike be- longing to Samuel Whelden, surveyed & platted June 8th 1847 by Atwater & Schubarth " from thence northerly bounding westerly on said Turnpike One Hundred & Eighty Three feet to Lot No 3 thence East- erly bounding Southerly on Lot No 2 one hundred & five 70/100 Feet to Lot No 15, thence Northerly bounding Easterly on Lot No 15 sixty feet to Lot No 4; thence westerly bounding Northerly on Lot No 4 one hundred & four 95/100 feet to said Turnpike; thence northerly bounding westerly on said Turnpike Three hundred & fourteen feet to Land recently owned by Wm Randall; thence Easterly bounding Northerly on said Randalls Land Four Hundred & thirty two feet & nine inches to the North Burial Ground ; thence Southerly bounding Easterly on said Burial Ground six hunded & one feet & four inches ; thence Westerly bounding Southerly on said Burial Ground Ninety nine feet & six inches to Lot No IS, thence Northerly bounding Westerly on Lot No IS, one Hundred feet to Lot No. 19 thence westerly bound- ing Southerly on Lot No. 19 one hundred & 57/100 feet to Whelden Street ; thence Southerly bounding Westerly on Whelden Street one hundred feet ; thence westerly bounding southerly on said Burial Ground Two hundred & Thirty Eight feet and Three inches to the first mentioned bound. [Deed Book No. 107, page 203.]
[September 1, 1847.] James Caffrey to City of Providence --- $825-Warranty A lot of land with a Dwelling House & other Im- provements thereon situate in the Northerly part of said City, a few Rods East of the Smithfield Turnpike Road, & is bounded & described as follows viz : beginning at the Southwesterly corner of the Lot & runs Northerly one hundred feet, bounding westerly on a Street Thirty Feet wide (called East Street) & holding the width of one hundred Feet runs Easterly, one hundred feet & is bounded on the South, East & North by said City's Land. [Deed Book No. 107, page 205.]
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[September 13, 1847.] Resolutions for the purchase and appro- priation of Land to enlarge the North Burying Ground and for other purposes
Resolved that the Committee on the North Burying Ground are hereby empowered to purchase for the City if they deem it expedient one or both of the lots of land with the buildings thereon adjoining North westerly the tract of land recently purchased by the City of Samuel Whelden and which adjoins the North Burying Ground And the sum of One thousand two hundred dollars is hereby appropriated for that purpose payable upon the order of said Committee out of any money in the City Treasury not otherwise appropriated.
Resolved That the whole of the Tract of land recently purchased by the City of Samuel Whelden together with such additional land as may be purchased by said Committee by authority of these Resolutions is hereby appropriated and added to the North Burying Ground Estate as part thereof and subject to sale for Burying lots
Resolved That said Committee are hereby empowered to sell to be removed from the lots or to lease together with the lots or any part of the lots on which they stand all the buildings or any part of the Estate which now doth, or by authority of these Resolutions shall belong to said Burying Ground.
Resolved That so much of the Resolutions passed by the City Council on the Ninth of August last, for the purchase of land of Saml. Whelden adjoining the North Burying Ground as directs the City Treasurer to dispose of any portion of said Estate otherwise than for Burying lots under the advise and directon of said Committee and so much of said Resolutions as are inconsistent with these Resolutions or any part thereof are hereby repealed
Passed September 13, 1847.
[City Council Records No. 2, page 395.]
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[September 17, 1847.] Resolved that the sum of Five Hundred dollars be and the same is hereby appropriated for grading and improv- ing the North Burying Ground payable on the order of the committee on said ground out of any money in the City Treasury not otherwise appropriated.
Passed September 17 1847. [City Council Records No. 2, page 396.]
[October Session, 1847.] Resolved That Messrs. Christopher E. Robbins, William H. S. Bailey and Caleb Congdon, be a Committee of this General Assembly to ascertain the lines of the Providence and Paw- tucket turnpike road and to mark out the same by proper bounds and monuments. [Acts of General Assembly, October Session, 1847, page 48.]
[October 2, 1847.] James Caffrey to City of Providence-$ 1000 -Warranty A certain lot of land situate in North Providence in said County and State and is bounded and described as follows, Beginning at the South Westerly corner of the lot on the east side of the Smith- field Turnpike Road & runs Northerly bounding Westerly on said Road Seventy Seven feet to land now or recently belonging to William Ran- dall thence Easterly bounding Northerly on said Randall land One hundred and One feet to lot 9 on a " Plat of House Lots" on Smith- field Turnpike belonging to Samuel Whelden Surveyed and Platted June 8, 1847, by Atwater and Schuberth thence Southerly bounding Easterly on Lots Nos. 9 & 10 on said Plat Seventy three and 28 feet to lot No 7 thence westerly and bounding Southerly on Lot No 7 One Hundred 93 feet in a line running across the Middle of a Well to the first mentioned bound and is lot No 8 (Eight) on said Plat. [Deed Book No. 14, page 207, Pawtucket.]
[December 6, 1847.] Report. We were instructed to enquire whether the city of Providence had been deeding away any of the public
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highways in this town. We find from the best information we are able to obtain that the old road laid out or built by the state prior to 1700 & repaired & straightened by the state in 1713 from Weybossett to Pawtucket bridge, lay about the whole width of it to the west of the west line of the Pawtucket turnpike at the point where Harringtons lane enters it. From thence the old road formerly run west of and about in the same direction as the west line of the turnpike now runs about ten rods, when it made a bend more westerly untill it came nearly to the corner of William Randalls stone wall, where it made another short bend easterly & soon entered the present old road .----
We cannot find that there is any plat on record in existence to show where this road was laid out. In Sept. 1791 the town council of this town (at the request of the freemen of the town of Providence and their agreement to maintain the same as far north as they used to) laid out a new road 50 feet wide partly on the old road & partly on land of Jeremiah & Joseph Dexter. In laying out this road the council took off 1 5 feet from Jeremiah Dexters land at Harringtons lane & at the said Dexters north line about the whole width of the road was carried to the road as it was in 1767. Both of the above roads never wholly in North Providence as the town was bounded by the burying ground. When the Providence and Pawtucket Turnpike was built in 1808 the turnpike by the original charter was located to the eastward of the old road of 1791 wholly & would take all the land where the late Jeremiah Dexters house stands The turnpike company being unable to agree with Mr. Dexter or his heirs for the land where his house stood Applied to the General Assembly Oct 1808 for an Amendment to their charter & the General Assembly by their Act made the north west corner of Jeremiah Dexters dwelling house & a point three rods east of the road of 1791 at the north line of said Dexters farm for the east line of said Turnpike road. By this Act the Turnpike was carried about one half of it west of the east line of the old road at Harringtons lane and the whole width
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of the Turnpike was to the east of the eastermost part of the old road of 1791 at the north line of said Dexters land. The city have sold to John Carter Brown the old road up to the west line of the Turnpike it being about two rods wide at Harringtons lane & some three rods or more wide at the north line of the late Jeremiah Dexters land in the town of North Providence as the town line run by the act of 1767. By the 2nd section of the amendment Act, taking a part of the old road for the Turnpike it says "That no partition fence shall be erected between the old road and the road belonging to said Turnpike Corporation in any place southerly from a point twelve rods northerly from the south west corner of the land of Joseph Dexter" Which secures the right to travel on the turnpike from either of the old roads and does away with the necessity of that part of the two old roads sold by the city which lay in this town. The sale made by the city to John Carter Brown was made by the authority of an act of the General Assembly passed in 1795 but said act does not authorize the city to sell any old road. It authorized the city to sell certain parts of the old Burying Ground which was bounded to the old road. We do not consider the sale of the old road in this town worth a straw if it should ever hereafter be neces- sary for this town to order said road opened. Although the road sold or the greater part is by the new line within the city the city have no right to declare said road useless it having been laid out by the state originally. The public having the right to travel on the turnpike opposite the old road we therefor consider the city as having done us a favor by selling the useless old road & do not think it is necessary for this town to take any further steps in relation thereto at present.
Lemuel Angell Stephen Randall 3 Comt.
December 6, 1847 Upon the report of a Committe heretofore Ap- pointed to enquire whether the city of Providence has conveyed away any of the old highways belonging to this town. ordered that the same
[ 128 ].
be received and placed on file. Town Council Book 6 page 297. [Toron Council Records No. 6, North Providence, page 297.]
[December 13, 1847.] To the Joint Committee of the City of Providence and Town of North Providence appointed to revise the Boundary Line between said City and Town.
The undersigned ordered to survey and erect suitable monuments on the dividing line between Providence and North Providence.
Respectfully Report, that agreeable to your direction we began in the Center of the Woonasquatucket River near the lower end of Four Stack Meadow and from thence run N. 32º 3 E to a Stone Monument on the Southerly side of the Road late the Providence & Douglas Turn- pike ; said line is indicated on the ground by a granite Monument on the bank of the aforesaid River also by another on the southerly side of Smith Street also by rough granite Bound Stones on each of the intermediate streets crossed by said line also by the South East corner of Mrs Smiths Mansion house.
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