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Transcript of Conveyance by Barry Richards to Hartley Parish Council 22.4.1975

This conveyance is made the 22nd day of April One thousand nine hundred and seventy five

BETWEEN BARRY STUART RICHARDS of Hartley Manor Hartley Near Dartford in the County of Kent (hereinafter called "the Vendor") of the one part and the PARISH COUNCIL OF HARTLEY the Clerk's Office being "Lawton" Wrotham Road Culverstone Meopham in the said County (hereinafter called "the Purchaser") of the other part

WHEREAS:
The Vendor is inter alia the estate owner in respect of the property hereby conveyed subject to certain matters hereinafter appearing but otherwise free from incumbrances
2. The Vendor has agreed with the Purchaser for the sale to them for the sum of Seven thousand pounds (£7,000) of the property more particularly described in the First Schedule hereto

NOW THIS DEED WITNESSETH as follows:
1. IN pursuance of the said agreement and in consideration of the sum of SEVEN THOUSAND POUNDS (£7,000) paid by the Purchaser to the Vendor (the receipt whereof the Vendor hereby acknowledges) the Vendor as Beneficial Owner hereby conveys unto the Purchaser ALL THAT property more particularly described in the First Schedule hereto TO HOLD the same unto the Purchaser in fee simple subject nevertheless to the following:
a) the rights and easements referred to in a Conveyance dated twenty ninth March One thousand nine hundred and thirty nine and made between Ivy Evelina Groom of the one part and the Vendor of the other part and
b) to the restrictions stipulations and covenants contained in the Second Schedule hereto

THE Purchaser HEREBY COVENANTS with the Vendor that they and their successors in title will indemnify the Vendor and his successors in title against the following:-

a) by way of indemnity to keep the Vendor and his estate and effects indemnified against all actions claims demands and liability in respect of any breach of the stipulations in the said Conveyance of the twenty ninth March One thousand nine hundred and thirty nine so far as they affect the land hereby conveyed
b) to indemnify the Vendor and his successors in title and all persons using land at Hartley at present belonging to the Vendor and adjoining the land hereby conveyed (if authorised by the Vendor or his successors in title or by the person or persons having control or management of any Golf Course upon the said adjoining land) against all claims arising out of golf ball injuries to any person or persons using the land hereby conveye to observe and perform the stipulations contained in the Second Schedule hereto

3. THE Vendor hereby acknowledges the right of the Purchaser to the production of the documents specified in the Third Schedule hereto and to delivery of copies thereof and undertakes with the Purchaser for the safe custody of the same

4. IT IS HEREBY CERTIFIED that the, transaction hereby effected does not form part of a larger transaction or 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 has hereunto set his hand and seal and William Ball and Yvonne Margaret Fry two Members of the Parish Council of Hartley have on behalf of the said Council set their hands and seals the day and year first above written

THE FIRST SCHEDULE hereinbefore referred to -

ALL THAT area of land shown edged red on the plan annexed hereto being an area of approximately ten acres TOGETHER WITH a right of way with or without animals or vehicles at all times and for all purposes connected with the use and enjoyment of the said land for recreational purposes not contrary to the restrictive covenants herein contained over and along the strips of land shown coloured brown on the said plan for the Purchaser and all persons authorised by it in common with all other persons having rights of way over the said strips of land AND TOGETHER with the right of drainage through the sewers and drains running into Church Road near point 'A' on the said plan TOGETHER with a right of way six feet in width along the land coloured blue shown on the Contract plan leading to other land owned by the Purchaser with the right of the Purchaser to construct a footpath if they so desire at their expense

EXCEPTING AND RESERVING unto the Vendor and his successors in title and all persons authorised by him or by the person or persons having the control or management of any golf course upon land at Hartley belonging to the Vendor to enter upon the land hereby conveyed for the purposes of retrieving golf balls but not so as to cause any unreasonable nuisance or annoyance to persons using the land hereby conveyed for any purpose not contrary to the restrictive covenants herein contained

THE SECOND SCHEDULE hereinbefore referred to

1. The land hereby conveyed shall not be used nor shall the said rights of way be exercised for any industrial or commercial purpose whatsoever PROVIDED that the proper use or exercise thereof (as the case may be) for the purposes of any amateur sport or recreation which is not contrary to the following restrictive covenants shall not be deemed to be a breach of this covenant

2. No building erection or other works shall be constructed or, carried out in or upon the land hereby conveyed other than a house or bungalow for a groundsman without the consent in writing of the Vendor or his successors in title PROVIDED that such consent shall not be unreasonably withheld to any building erection or other works reasonably required in connection with any sporting or recreational use of the said land which is not contrary to these restrictive covenants

3. The land hereby conveyed shall not be used other than for the purposes of cricket association football rugby football hodkey lacrosse tennis and basketball and a village fete properly conducted and any other sport or past-time to which consent in writing (which consent shall not be unreasonably withheld) shall have previously been obtained from the Vendor or his successors in title AND in particular (but without prejudice to the generality of the foregoing) the land hereby conveyed shall not be used for any purpose whatsoever connected or associated with golf swimming or squash-rackets

4. No alcoholic liquor shall be sold or consumed on the said land

5. The land shall not be used for music or dancing except at a village fete

6. No mechanically propelled vehicle shall be brought to or remain on the land hereby conveyed otherwise than for the purposes of conveying to and from the said land persons using the same for sporting or recreational purposes or for spectators or in connection with the repair and maintenance of playing fields and other sporting facilities
upon the land

7. The land hereby conveyed shall not be used for any purpose whatsoever connected with aircraft or model aircraft

8. The land hereby conveyed shall not be used for any racing or other purpose whatsoever involving the use of any internal combustion engine or engine of any sort

9. No act or thing shall be done or permitted upon the land hereby conveyed which may constitute a nuisance or annoyance to the Vendor or his successors in title

10. The Purchaser shall within one year after the date hereof construct or plant such gates and stiles at the points marked "a" "b" "c" on the said plan and such hedges screens (whether consisting of trees bushes or otherwise) and other barriers between the land hereby conveyed and the adjoining land retained by the Vendor as the Vendor shall reasanably require and shall at all times hereafter maintain or cause to be maintained in a sound and serviceable condition all such gates stiles hedges screens and barriers so constructed or planted as aforesaid to the reasonable satisfaction of the Vendor or of his successors in title

THE THIRD SCHEDULE hereinbefore referred to

1. CONVEYANCE dated 29th March 1939 I.E.Groom (1) The Vendor (2)
2. LEGAL CHARGE dated 29th March 1939 The Vendor (1) I.E. Groom (2) (Vacated)
3. MORTGAGE dated 5th April 1950 B.S. Richards (1) The Halifax Building Society (2) (Discharged)
4. MORTGAGE dated 22nd March 1963 The Vendor (1) The City of London Building Society (2) (Vacated)
5. LEGAL CHARGE dated 13th March 1961 The Vendor (1) S.J.Lambert and N.I.H.Wolfe (2) (Vacated)

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