DATED 25TH JULY 1978
MARSTON THOMPSON AND EVERSHED LIMITED
To
THE DERBYSHIRE COUNTY COUNCIL
Conveyance
Of
1.65 acres of land in the Parish of Rosliston in the County of Derby
File: EDP1511/A
H. CROSSLEY
MATLOCK
THIS CONVEYANCE is made the 25th day of July One thousand nine hundred and seventy eight B E T W E E N MARSTON THOMPSON AND EVERSHED LIMITED whose registered office is at PO Box 26 Shobnal Road Burton-upon-Trent in the County of Stafford (herein after called “the Vendor”) of the one part and THE DERBYSHIRE COUTY COUNCIL (hereinafter called “the Council”) of the other part.
W H E R E A S the Vendor is seised of the land hereinafter described (with other property) for an estate in fee simple in possession free from incumbrances and has agrees with the Council for the sale to it of the said land for a like estate in possession free from incumbrances at the price of Two thousand six hundred and fifty pounds
NOW THIS DEED WITNESSETH as follows:-
1. in pursuance of the said agreement and inconsideration of the sum of TWO THOUSAND SIX HUNDRED AND FIFTY POUNDS now paid by the Council to the Vendor (the receipt whereof the Vendor hereby acknowledges) the Vendor as Beneficial Owner hereby conveys unto the Council ALL THAT piece or parcel of land containing and area of One decimal point six five acres or thereabouts situate in the Parish of Rosliston in the County of Derby All which said land forms the major portion of Parcel Number 5347 on the Ordnance Survey Map for the said Parish and is more particularly delineated on the plan annexed hereto and thereon edged red TOGETHER WITH a right for the Council and its successors and all persons authorised by them to pass and repass with or without vehicles for all the purposes over and along the right of way coloured brown on the said plan the Council and its successors paying a proportionate part of the expense of keeping such right of way in repair and so that such proportion shall be determined by the extent and nature of such user TO HOLD the same unto the council in fee simple
2. THE Council hereby covenants with the Vendor for the benefit and protection of the adjoining and neighbouring properties of the Vendor and each and every part thereof and in particular The Plough Inn the Council for itself and its successors hereby covenants with the Vendor and its successors
(i) that neither the land hereby conveyed nor any part thereof shall be used as or for a Hotel Inn Club or Public House nor shall the sale storage or manufacture of Beers Wines Spirits or intoxicants of any kind whatsoever
(ii) to forthwith erect and forever hereafter maintain between the points A – B on the said plan a Four feet six inch high chain linked fence (including where necessary a field access gate for gang-mower purposes
3. The Vendor hereby acknowledges the right of the Council to production of the Conveyance to it dated the Seventh day of November One thousand nine hundred and five made between Sydney Evershed Limited of the First part Edwin Atkin Brown and Walter Wilkinson of the second part and the Vendor of the third part and to delivery of copies thereof and hereby undertakes for the safe custody thereof
4. IT IS HEREBY CERTIFIED that the transaction hereby effected does not form part of a larger transaction or a series of transactions in respect of which the amount or value or the aggregate amount or value of the consideration exceeds the sum of fifteen thousand pounds
IN WITNESS WHEREOF THE Vendor and the Council have caused their Common Seals to be hereunto affixed the day and year first before written
THE COMMON SEAL of Marston Thompson and Evershed Limited was hereunto affixed in the presence of:-
(directors x 2 and secretary)
THE COMMON SEAL of the Derbyshire County Council was hereunto affixed in the presence of:-
(Assistant Clerk to the Council) 3692