Strutts Logo Run by volunteers for Belper
 

STRUTTS - The original Covenant

Here is the text of original document placing the School in the hands of Derbyshire County Council in May 1909.

This Indenture made the Seventh day of May one thousand nine hundred and nine BETWEEN GEORGE HERBERT STRUTT of Makeney House in the County of Derby Esquire of the one part and THE COUNTY COUNCIL OF THE ADMINISTRATIVE COUNTY OF DERBY (hereinafter called " the County Council ") of the other part WHEREAS the said George Herbert Strutt is seised in fee simple in possession of the piece or parcel of land hereinafter described and intended to be hereby conveyed and he has recently erected or caused to be erected thereon the school buildings and premises hereinafter described and is desirous of conveying the said school and premises to the County Council upon the terms and in manner hereinafter expressed NOW THIS INDENTURE WITNESSETH that for carrying into effect the said desire and in consideration of the premises THE said George Herbert Strutt as BENEFICIAL OWNER hereby grants and conveys unto the County Council as the Local Education Authority ALL THAT piece or parcel of land situate in Belper in the said County of Derby containing by admeasurement one acre one rood and thirty-five perches or thereabouts being heretofore part of a larger piece or parcel of land called or known by the name of " Turnip Pingle and Plantation " containing one acre three roods and twenty-one perches or thereabouts AND ALSO ALL THOSE buildings recently erected by the said George Herbert Strutt on the piece or parcel of land intended to be hereby conveyed consisting of a fully equipped school cookery centre manual training centre with playgrounds and appurtenances intended to be known as the Herbert Strutt Higher Elementary Schools Which said hereditaments and premises intended to be hereby conveyed are bounded on or towards the north-east by Gibfield Lane on or towards the east by the occupation roadway hereinafter mentioned on or towards the south by a messuage and hereditaments now or late belonging to Mrs Agries Alton and on or towards the west by Derby Road and the same are delineated and colored pink on the plan thereof drawn on these presents TOGETHER with full and free right and liberty for the County Council its successors and assigns owner or owners for the time being of the hereditaments and premises intended to be hereby conveyed and their tenants and servants and all other persons authorized in that behalf by them from time to time and at all times hereafter for all purposes connected with ),he use and enjoyment of the said premises to pass and re-pass with or without horses cattle and other animals carts and carriages in along and over the roadway situate on the east side of the premises hereby conveyed and delineated and coloured yellow on the said plan drawn on these presents so that such right of way to be used and granted shall be enjoyed by the County Council its successors and assigns in common with all other persons for the time being entitled to use the said road TO HOLD the same UNTO and TO THE USE of the County Council its successors and assigns TO THE INTENT- that the said heieditameuts and premises shall at all times hereafter be used and enjoyed for the purpose of a Higher Grade Elementary School and Pupil Teachers centre or otherwise for Higher Elementary or Secondary Education for the Town of Belper aforesaid and the neighbourhood PROVIDED ALWAYS AND IT IS HEREBY AGREED AND DECLARED that if at any future time or times the County Council its successors or assigns shall deem it requisite in connection with the making of more suitable provision under altered circumstances for Higher Elementary or Secondary Education for the Town of Belper aforesaid and the neighbourhood that the said hereditaments and premises or any part thereof should cease to be used and enjoyed as aforesaid then and in any such case the said hereditaments and premises hereby conveyed shall be held IN TRUST for and be conveyed and assured to the Belper Urban District Council or its successors in fee simple for the use and. benefit of the inhabitants of the- Township of Belper aforesaid in such manner as the said Urban District Council or its successors shall from time to time determine PROVIDED ALSO AND IT IS HEREBY AGREED AND DECLARED that nothing herein contained shall affect the powers rights and authorities of the County Council otherwise than as a Local Education Authority AND the County Council to the intent and so as to bind itself its successors and assigns and the said hereditaments hereby conveyed and all future owners thereof hereby covenants with the said George Herbert Strutt his heirs and assigns owner or owners for the time being of the hereditaments on the east side of the said occupation road that the County Council its successors and assigns will at all times hereafter pay and bear one half of the cost of maintaining and repairing the said occupation road until the same shall be adopted and taken over by the public authority AND the said George Herbert Strutt hereby acknowledges the right of the County Council to production and delivery of copies of the documents comprised in the Schedule hereunder written and hereby undertakes for the safe custody thereof IN WITNESS whereof the said George Herbert Strutt has hereunto set his hand and seal and the County Council has caused its Common Seal to be hereunto affixed the day and year first before written