This conveyance is made the nineteenth day of August
One thousand nine hundred and twenty nine Between Herbert Joseph
Ward of Northwood lsle of Wight William Considine and Hugh Herbert
Considine both of Edinburgh (hereinafter called the Grantors) of
the one part and the Urban District Council of Cowes in the said
lsle (hereinafter called the Council) of the other part. Whereas
under and by virtue of an Indenture of Settlement dated the eighth
day of December One thousand eight hundred and seventy four and
made between William George Ward and Edward Granville Ward of the
first part the said William George Ward of the second part Francis
Richard Wegg Prosser and John Cashel Hoey of the third part and
the Reverend William McAuliffe and John Hope Wingfield of the fourth
part certain freehold property situate in the Parish of Northwood
and elsewhere in the Isle of Wight including the property known
as Northwood House and grounds hereinafter assured stood limited
at the death of the said Edmund Granville Ward hereinafter recited
to such uses and upon such trusts intents and purposes as the said
Edmund Granville Ward should by his Will or any Codicil or Codicil
thereto appoint and whereas the said Edmund Granville Ward duly
made his Will dated the twenty fourth day of August nineteen hundred
and fifteen and thereby appointed the said William McAuliffe and
William Considine executors and trustees thereof and alter making
certain specific bequests and devises not affecting the property
hereinafter assured the testator devised and bequeathed all the
real and personal property whatsoever or wheresoever of or to which
he should be seized possessed or entitled at his death or over which
he should then have a general power of appointment or disposition
by will(except property thereby or by any special codicil thereto
otherwise specifically disposed of) unto and to the use of his Trustees
their heirs, executors or administrators respectively upon trust
to sell the same and to deal with the moneys arising from such sale
as therein directed and Whereas the said Edmund Granville Ward died
on the second day of September one thousand nine hundred and fifteen
without having revoked or altered his said Will which was on the
twentieth day of April One thousand nine hundred and seventeen duly
proved by the said William McAuliffe and “William Considine
in the principal probate registry and whereas an indenture dated
the first day of November One thousand nine hundred and twenty two
made between the said William Considine of the first part the said
William McAuliffe of the second part and the said Hugh Herbert Considine
of the third part the said Hugh Herbert Considine was duly appointed
by the said William McAuliffe and William Considine to be a trustee
of the said Will in the place of the said William McAuliffe (who
retired from the trusteeship thereof) for all the purposes for which
the said William McAuliffe was appointed a trustee by the said Will
and the said William Considine and William McAuliffe thereby declared
that the trust estate and premises which were then subject to the
trusts of the said Will should vest in the said William Considine
and Hugh Herbert Considine as joint tenants for all such estate
and interest as the said William Considine and William McAuliffe
or either of them had therein respectively immediately before the
execution of the said Indenture and upon the trust and subject to
the powers and provisions applicable thereto by virtue of the said
Will or otherwise and whereas by Deed of Appointment dated the twenty
second day of April One thousand nine hundred and twenty seven and
made between the said William Considine and Hugh Herbert Considine
of the one part and the said Herbert Joseph Ward of the other part
the said William Considine and Hugh Herbert Considine appointed
the said Herbert Joseph Ward to be an additional trustee of the
said Will to act jointly with them for all the purposes of the said
Will of the said Edmund Granville Ward deceased on such of the same
purposes as were still subsisting and capable of taking effect and
whereas the grantors have agreed to convey to the Council by deed
of gift the property known as Northwood House Offices and Grounds
to the intent that the same should be held by them as local government
offices and as public pleasure grounds for the inhabitants of Cowes
and whereas the Council in pursuance and by virtue of the powers
enabling them so to do have agreed so to accept the same.
Now this deed witnesseth that in pursuance
of the said agreement the grantors as sellors do hereby convey onto
the Council the property known as Northwood House Offices and Grounds
including the lodges known as Church Lodge and Cowes Lodge all as
delineated on the plan annexed hereto and thereeon edged with a
Pink colour. Together with the sites of the Roads as coloured brown
on the said plan and comprising an area of approximately twenty
six acres but excluding the four doors to the Dining Room and Drawing
Room Pilasters Framed Architraves and Overmantels on inside of Rooms
and seven mantelpieces in the house also Wall and Ceiling Frescoes
in the Drawing Room which the Grantors may remove within six month
from the date hereof and in place of which substitute such other
doors framed architraves etc and mantelpieces as they may determine
and also substitute plain panels where Frescoes removed as necessary.
To hold the same unto the Council in fee simple for the purposes
hereinafter expressed and declared concerning the same that is to
say (1) That Northwood House Ofices shall forever hereafter be maintained
for the use of the Council as Offices for the several departments
of the Council for the housing of caretakers and for any other such
local government purposes as to the Council from time to time seem
proper: The Council to have power to alter the House and Offices
as needed for municipal purposes and to demolish unnecessary parts
thereof provided that the Council may Iet such apartments in Northwood
House as are suitable for Meetings Concerts and other Entertainments
and exact and receive payments for such lettings and to make regulations
for the due management thereof and also to sell refreshments on
the premise and receive rental from contractors for such refreshments
(2) That the land surrounding the House as set forth on the said
plan and thereon edged Pink shall now or hereafter provided for
ever be maintained exclusively as pleasure grounds and as a place
of recreation for the inhabitants and visitors to Cowes and and
of any district that may at any time hereafter be joined to and
form part of Cowes Provided that the Council may on any part of
the land form Tennis Courts, Bowling Greens, Putting Courses and
the like and may erect necessary Conveniences, Band Stands, Pavilions,
Refreshment Rooms, Baths and the like and may make charges for the
respective user of the same and the income derived therefrom together
with the income derived from the lettings of the House under Paragraph
(1) hereof shall be applied in accordance with the statutory powers
and obligations of the council relating thereto Provided that the
Council shall not obtain a permanent Licence for sale of intoxicating
liquors in respect of the premises conveyed by may obtain temporary
or occasional licences on the occasion of Fetes, Entertainments
and the like. Provided also that the Council may within their statutory
powers close the House and Grounds or part thereof at such times
and to such persons as they in their discretion shall think fit
and may make byelaws and regulations with regard to the due and
proper management and control thereof and with regard to the behaviour
of persons using the same and to let the grounds and to make charges
for admission thereto. And Provided further that the Council may
from time to time lay out form or widen such roads and paths in
the grounds or bounding the same as they may deem necessary and
set aside spaces for parking places for vehicles and to make charges
for the use thereof. Such parking places shall be situated in the
neighbourhood of Park Road and care shall be taken by the Council
by means of regulation and othererwise to maintain the amenities
of the House and Grounds. And in consideration of the Gift
and Conveyance hereinbefore contained the Council do hereby covenant
with the Grantors to observe the several provisions herein contained
and within two years from the date hereof to construct a public
road of forty feet in width (but shall not be under any obligation
to kerb and channel the same) and to erect fences where necessary
from the point marked E in Baring Road on the said plan to the point
marked A in Park Road (including the small section running westward
marked C D) and to lay all necessary services that is to say sewer
water and gas pipes in the same. Such roadways coloured Brown on
the plan annexed hereto shall thereafter be repaired by the inhabitants
at large and no charge in respect of same or for forming kerbs or
channels if formed shall be demandable from the grantors or their
assignees. Provided that in the event of the Council not being able
to obtain adequate financial assistance from the Ministry of Transport
and County Council toward the construction of the whole of the road
between the points A and E on the plan within the period of two
years then the Council shall be entitled to delay constructing that
portion of the Roadway from Northwood House to Park Road between
points marked B and C until the expiration of a further period of
two years making four years from the date hereof but shall within
the first said mentioned period of two years construct the portion
of the roadway from the point marked A to the point marked B as
well as the roadway from Northwood House to Baring Road C to E (including
the small portion running westward between the points marked C and
D) The Council further covenant within one year from the date hereof
to carry out the following sewerage works (a) Lay a sewer from Mr
Mundy's house in Baring Road to the top of Castle Hill and relay
or repair the sewer from there to the Round House to the entrance
gates to Deboume (c) Lay a sewer from the bottom of Tutton's Hill
Gurnard to Gurnard Church (d) Repair or relay the sewer from the
Briary to the end of the old Esplanade, The sewers to be of such
capacity as to be laid at such depth as to provide sewerage facilities
adequate for the development of the properties to be served by such
sewers
In witness whereof the Grantors have hereunto set
their hands and seals and the Council have caused their common seal
to be hereunto affixed the day and year first above written.
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