typical indenture for initial plot(s) ownership with embedded covenant

The following is a transcript of the indenture when William Pitt acquired the full rights on plots 2,3,4,30 from the initial tenants-in-common arrangement of Pitt Shone & Wood. The covenant was defined at this point and was embedded (highlighted in this transcript for ease of identification) in the indenture. NB This precedes the 1870 release document which relaxed the building density clause.

TRANSCRIPT FOLLOWS -

This Indenture made in the second day of February in the year of our Lord one thousand eight hundred and fifty seven Between William Shone, Collector and Agent and Thomas Wood, Saw Stationer both of the City of Chester of the first part William Pitt of the same City Cashier of the second part and Evan Reece Evans of the said City Railway Clerk of the third part whereas by Indenture dated the fourth day of June One thousand eight hundred and fifty six and made between Richard Barker and Ann Brittain of the first part William Walker Brittain of the second part William Brittain and Thomas Brittain of the third part and the said William Pitt William Shone and Thomas Wood of the fourth part. All those three several Fields Closes or parcels of Land theretofore commonly called or known by the name of the Sower Fields situate lying and being in the Township of Upton in the County of Chester containing together by admeasurement Thirteen acres and a half or thereabouts statute measure numbered '1,2 and 3' and more particularly delineated or described in a plan in the margin of the now recited Indenture and thereon coloured Green Together with a right of road or way for the said William Pitt William Shone and Thomas Wood and their several and respective heirs and assigns with Horses Carts and Carriages to and from the said Fields Closes or parcels of Land through or over the Yard belonging to the Corn Mill and premises of William Carter called Upton Mill and which road or way was also delineated in the said plan and thereon coloured Brown with all other ways rights and appurtenances to the said Fields Closes or parcels of Land and hereditaments belonging were for the consideration therein mentioned conveyed and assured unto and to the use of the said William Pitt William Shone and Thomas Wood as tenants in common and of their several and respective heirs and assigns for ever And Whereas the said William Shone and Thomas Wood have contracted with the said William Pitt for the sale to him of the inheritance in fee simple of their two individual third parts or shares of and in the plots of land and hereditaments herinafter described being parts of the said Land conveyed by the hereinbefore recited Indenture free from incumbrances at or for the price or sum of Three hundred and ninety pounds four shillings and it hath been agreed by and between the said parties to these presents that the same undivided parts or shares shall be conveyed to the said William Pitt his heirs and assigns in manner herinafter expressed Now this Indenture witnesseth that in pursuance of the said contract and for conveying the same into effect and in consideration of the sum of Three hundred and ninety pounds and four shilling to the said William Shone and Thomas Wood this day paid by the said William Pitt the receipt whereof they do hereby respectively acknowledge and from the same and every part thereof release and discharge the said William Pitt his heirs executors administrators and assigns for ever by these presents They the said William Pitt William Shone and Thomas Wood Do and each of them Doth by these presents grant convey and confirm unto the said Evan Reece Evans and his heirs All those several plots pieces or parcels of land situate in the Township of Upton in the County of Chester containing by admeasurement Seven thousand eight hundred and four square yards or thereabouts being part of the said Land and hereditaments conveyed by the described in the herein before recited Indenture of the fourth day of June One thousand eight hundred and fifty six and heretofore called or known by the name of the Sower Fields but which have been recently laid out in Building lots and form an Estate called 'Upton Park' and which several plots of Land intended to be hereby conveyed are as to the boundaries and situation thereof more particularly delineated and described in the Map or plan drawn on the back of these presents and numbered lots '2 3 4 and 30' and on the said Map coloured Green Together with all rights of road ways waters watercourses privileges advantages emoluments and appurtenances to the said several plots of land and hereditaments or any part thereof belonging or appertaining or with the same or any part thereof now or heretofore held used or enjoyed or reputed as part or member thereof or appurtenant thereto And all the Estate and Interest of the said William Pitt William Shone and Thomas Wood in the said premises and every part thereof To have and to hold the said several plots of land and all and singular other the premises hereby granted or expressed and intended so to be unto the said Evan Reece Evans his heirs and assigns To such uses for such Estates and in such manner as the said William Pitt shall by any Deed or Deeds with or without power of revocation and new appointment from time to time or at any time appoint and until and subject to any such appointment To the use of the said William Pitt his heirs and assigns for ever And the said William Pitt doth hereby for himself his heirs executors and administrators covenant promise and agree to and with the said William Shone and Thomas Wood and each of them there and each of their heirs and assigns in manner following (that is to say) that he the said William Pitt his heirs and assigns shall and will in conjunction with the said William Shone and Thomas Wood as owners of the said Estate called 'Upton Park' and which is delineated on the said Map or plan on the back of these presents pay or proportionate part of the expense of constructing the several entrance roads shown on the said Map or plan and thereon coloured brown or such and so many of the said roads as shall be required and also all necessary fences gates drains sewers and cesspools and also shall and will pay and bear the expense of constructing one half of all the roads or streets opposite to the said Plots pieces or parcels of land hereby conveyed or intended so to be and marked on the said plan and thereon Coloured Yellow together with all fences drains and Cesspools necessary to the proper construction of the said Roads or Streets And also that he the said William Pitt his heirs and assigns shall and will from time to time and at all times hereafter in conjunction with the other owners of the said Estate pay a proportionate part of the expense of maintaining repairing and keeping in good order and repair the said roads drains sewers and Culverts and all necessary Public Gates and fences of and belonging to the said Estate The proportionate part of the expense to be borne by each owner as lastly before mentioned to be reckoned and computed according to the quantity of land in square yards purchased or held by him And also that he the said William Pitt his heirs and assigns shall not nor will at any time hereafter erect or build more than one Villa but which may be either single or double upon each of the said several plots of Land hereby conveyed and that such Villa if single shall not be of less annual value than Fifteen pounds and if double than Twenty four pounds And also that he the said William Pitt his heirs and assigns shall not nor will at any time hereafter erect build or set up any Cowhouse Stable pigsty or other offensive or unsightly Building or structure to the front of any of the said several plots of Land hereby conveyed nor use exercise or carry on any manufacture Trade or business which may in anywise be a nuisance or offensive to the neighbourhood Also each of them the said William Shone and Thomas Wood doth hereby for himself his heirs executors and administrators covenant with the said William Pitt his heirs and assigns that not withstanding any act or thing by them the said William Shone and Thomas Wood made done or executed or knowingly suffered they the said William Pitt William Shone and Thomas Wood now have good right and full power to grant the said hereditament and premises hereinbefore expressed to be granted To the uses and in manner aforesaid And that the same hereditaments and premises shall at all times hereafter remain and to be the uses hereinbefore declared and be quietly entered upon and held occupied and enjoyed and the rents and profits thereof received and taken by the said William Pitt his heirs appointees or assigns accordingly without any lawful interruption or disturbance by them the said William Shone and Thomas Wood or their heirs or any person lawfully or equitably claiming by from or in trust for them or any of them And that free and discharged or otherwise by them the said William Shone and Thomas Wood their heirs executors or administrators sufficiently indemnified from and against all Estates encumbrances claims and demands whatsoever either already or hereafter made occasioned or suffered by the said William Shone and Thomas Wood or either of them or heirs or any person lawfully or equitably claiming by from under or in trust for them or either of them And further that they the said William Shone and Thomas Wood and their heirs and every other person having or lawfully or equitably claiming any Estate right title interest properly claim and demand in to or out of the said hereditaments and premises hereinbefore expressed to be granted or any of them or any part thereof by from or under or in trust for them the said William Shone and Thomas Wood or their heirs shall and will from time to time and at all times hereafter upon the request and at the cost of the said William Pitt his heirs appointees or assigns do and execute every such lawful act thing and assurance for the further or more perfectly assuring the said hereditaments and premises and every part thereof to the uses hereinbefore declared and in manner aforesaid as by the said William Pitt his heirs appointees or assigns or his or their counsel shall be reasonably required In Witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written



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