Clifton Terrace Deed 1864

 

Clifton Terrace deed 1864 showing Plots 8 and 14 coloured pink

Plan as it appears on the deed

Conveyance of two pieces of land at Wivenhoe in the County of Essex from The Tendring Hundred Railway Company to Mr F B Philbrick dated 17 October 1864

This Indenture made the seventeenth day of October One thousand eight hundred and sixty four Between The Tendring Hundred Railway Company of the first part Frederick Blomfield Philbrick of Colchester in the County of Essex Gentleman of the second part and Joseph Savill of the same place Esquire of the third part Whereas the said Tendring Hundred Railway Company being seized in fee to them their Successors and assigns of the building lands and hereditaments next hereinafter particularly mentioned offered the same as part of their Surplus Lands for Sale by Public Auction at the Anchor Inn Wivenhoe in the said County of Essex on the twenty third day of October One thousand eight hundred and sixty three in Seventeen Lots according to certain printed particulars and conditions of Sale and a plan then and there produced (wherein they are described as surplus lands of the said Company freehold and land tax redeemed) at which Auction the said Frederick Blomfield Philbrick was declared the highest bidder for and the purchaser of the pieces of land and hereditaments hereinafter more particularly described and intended to be hereby assured (being Lots 8 and 14 included in the said particulars of Sale) at the aggregate price of Eighty three pounds And the said Frederick Blomfield Philbrick has requested that the said last mentioned pieces of land and hereditaments shall be conveyed in manner hereinafter appearing Now this Indenture Witnesseth that in consideration of the sum of Eighty three pounds of lawful British money paid by the said Frederick Blomfield Philbrick to the said Tendring Hundred Railway Company on the execution of these Presents for the purchase of the fee simple in possession of the pieces of land and hereditaments last hereinbefore referred to and hereinafter described and intended to be hereby assured with the appurtenances the receipt whereof the said Company doth hereby acknowledge and thereof doth acquit and discharge the said Frederick Blomfield Philbrick his heirs executors and administrators and assigns The said Tendring Hundred Railway Company Doth by these Presents grant release and convey unto the said Frederick Blomfield Philbrick and his heirs All that piece or parcel of land (being Lot 8 of the Estate in the said particulars and conditions and plan mentioned and referred to) situate in the Parish of Wivenhoe in the County of Essex containing by admeasurement Seven and three quarter rods or thereabouts at one corner of certain newly constructed roads leading to and from the High Street of Wivenhoe aforesaid having a frontage of thirty-five feet or thereabouts on the North and of Fifty feet on the East less the angle taken off at the said corner and measuring forty one feet in width at the southern end of the said piece of land Together with the right of carrying all surface water at all times hereafter into the drain made or intended to be made on the South eastern side of the land the Property of the said Railway Company sold at the said Auction and lying next the road into the High Street but not of conveying any Sewage or any deleterious or offensive matter either solid or liquid into the said drain And also all that other piece or parcel of land being Lot 14 of the Estates in the said particulars and conditions and plan mentioned and referred to situate in Wivenhoe aforesaid containing by admeasurement five rods and a half or thereabouts and having a frontage to one of the said newly constructed roads there leading to and from the High Street of Wivenhoe aforesaid of forty seven feet six inches and in the rear thereof of fifteen feet As both the said pieces or parcels of land hereby Conveyed are delineated in the Plan drawn on the back of these Presents and therein coloured Pink Together with the use of the yard lying at the rear of the piece of land secondly hereinbefore described in common with the other owners and occupiers having right there with the right (in common with such other owners and occupiers) to dig and keep open one well for the common use of himself his heirs and assigns and such other owners and occupiers And together also with a right of way and passage of the width of seven feet and height of seven feet from and to the said yard over and along the passages (leading over parts of Lots 11 and 16 shown in the said plan used at the said Auction) to and from the roads lying on the North and South of the said piece of land and premises secondly hereinbefore described Together also with a right of way and passage for the said Frederick Blomford Philbrick his heirs and assigns at all times with horses carts and carriages or otherwise into over and along the said hereinbefore mentioned newly constructed roads there leading to or from the said High Street of Wivenhoe aforesaid And also a right of way and passage upon along and over the footpaths and steps in connection with the said roads commencing at the point shown by letter C on the said Plan the said Company their Successors and assigns hereby Covenanting to keep the said footpath and steps in good repair and condition And together also with all other ways paths passageways waters watercourses easements and appurtenances to the said pieces or parcels of land and hereditaments hereby granted and released or intended so to be belonging or in any wise appertaining And the reversions remainders rents and profits thereof and all the estate right title and interest whatsoever of the said Tendring Hundred Railway Company in or to the same and every or any part thereof respectively To Have and to hold the said pieces or parcels of land rights of way and other hereditaments hereinbefore described and expressed to be hereby assured with the appurtenances unto the said Frederick Blomfield Philbrick and his heirs To such Uses as the said Frederick Blomfield Philbrick shall at any time or times by any deed or deeds direct or appoint And in default of any such appointment and subject to any partial appointment To the Use of the said Frederick Blomfield Philbrick and his assigns during his life And after the determination of that estate by any means in his lifetime To the Use of the said Joseph Savill his executors and administrators during the life of the said Frederick Blomfield Philbrick In Trust nevertheless for him and his assigns And after the determination of the preceding Estates To the Use of the said Frederick Blomfield Philbrick his heirs and assigns for ever And the said Frederick Blomfield Philbrick doth hereby declare that his Widow (if any) shall not be entitled to dower out of or in the said hereditaments hereby assured or any part thereof And the said Tendring Hundred Railway Company for itself its successors and assigns doth hereby Covenant with the said Frederick Blomfield Philbrick his heirs and assigns that the said Company its successors or assigns shall and will unless prevented by inevitable accident at the request and costs of the said Frederick Blomfield Philbrick his heirs or assigns produce to him or them or as he or they may require the several deeds and writings particularised in the Schedule hereto or any or either of them and at the like request and costs furnish him or them with Copies or Extracts of and from the said deeds and writings any or either of them attested if required In witness whereof the said Company have hereunto affixed their Common Seal and the said other parties have hereunto set their hands and seals the day and year first above written

The Schedule
1st July 1863 Indenture of this date between Harriett Higginbotham and Elizabeth Jones of the one part and the said Tendring Hundred Railway Company of the other part
11th November 1863 Indenture being a release of free rents between Nicholas Caesar Corsellis Esquire of the one part and the said Tendring Hundred Railway Company of the other part
1st July 1863 Deed Poll under the hands and seals of the said Harriett Higginbotham and Elizabeth Jones
11th November 1863 Deed Poll under the hand and seal of the said Nicholas Caesar Corsellis being a Deed of Enfranchisement
5th December 1863 Deed Poll under the hands and seals of two Commissioners of Land tax being a Certificate of the Contract for the redemption of the Land Tax

Signed sealed and delivered by the within named Frederick Blomfield Philbrick in the presence of ………………………………………………………………..(blank)
Received the day and year first within written of and from the within named Frederick Blomfield Philbrick the sum of Eighty three pounds being the consideration Money within mentioned to be paid by him to the Tendring Hundred Railway Company

Transcribed and checked by Pat Marsden and Sue Glasspool 1 July 2009

[The road showing the two lots described later became known as Chapel Road]