Catalogue description Draft agreement

Whereby, having recited:- firstly, the seisin by Joseph Topp (of 20, Coundon Rd., Coventry, retired builder) of premises ut infra; secondly, J. Topp's will (23rd. Mar., 1928) appointing Sarah Topp, Thomas Harrison and John Smith (in 1937 described as of Newton Rd., Bedworth, Warws., builder) executors; thirdly, J. Topp's death (on 28th. July, 1928, his will being proved at Birmingham on 13th. May, 1929); fourthly, S. Topp's death on 15th. Dec., 1929; fifthly, Harrison's death on 3rd. May, 1933; sixthly, the assent (17th. Aug., 1934) whereby Smith vested J. Topps' estate in himself (excepting trusts for sale irrelevant to this transaction); seventhly, the deed (17th. Aug., 1934) whereby Smith appointed with himself, as a trustee of assent, Marion Kate Jude (in 1937 described as of 3, Hill View Rd., Mapperley, Notts., married woman); eighthly, Warws. County Council's wish to widen Maxstoke Rd., Meriden, Warws: therefore firstly (in consideration of £150), the trustees dedicate to the purchaser the land shown in the first schedule (viz. the 390 sq. yd. plot, shown as no. 263 on the Ordnance Survey Second Edition Warws. XX. 4 map, situated in Meriden pa.): secondly, the grantors will execute the undertaking mentioned in part I of the second schedule (viz. (a) a formal conveyance at the council's expense upon request with (b) vacant possession); thirdly the council will likewise effect the undertaking detailed in part II of the second schedule (viz. (a) widening the road, opening it for public use, incorporating the hereby-dedicated strip, (b) repairing damage to services across the grantors' adjoining land, (c) erecting a new hand-gate and gate-post to match fencing, (d) erecting the aforesaid fencing provided the council shall not be liable for its upkeep or (c)'s, and (e) paying the grantors' surveyor and solicitor the respective fees of 6 gn. and 2 gn.); fourthly, any differences over part II of the second schedule will be referrable to a single arbitrator if the parties agree, otherwise to one nominated by either side.