Transcription
CATALOG NUMBER VC 1253 A
OBJECT NAME Indenture
DATE January 1, 1869
AUTHOR Philip Gilbert Van Wyck
RECIPIENT Isaac Secor, S. Ferris Washburn, George Morton, John Morton,
MEDIUM Paper, ink
PEOPLE Thomas C. Cornell (civil engineer), Reuben Kipp, Harrison Cocks,
George Barlow
PLACES Westchester, Ossining, Cortlandt
KEYWORDS 3 sets of lots, map of property made by Thomas C Cornell in 1850,
Reuben Kipp area for brick material, “Callaburgh front brick” ??,
“tempering sand”, “moulding sand”,
This Indenture made the / [^ first] day of January ____ 1869 between / Philip G. Van Wyck of the town / of Ossining, in the county of / Westchester and state of New York / party of the first part, and Isaac / Secor, S. Ferris Washburn of the / same place and George Morton / and John Morton of the town / of Cortlandt in said county and / State, parties of the second part, / Witnesseth, that the said party of / the first part for and in con - / sideration of these premises and / of the covenants and agreements / hereinafter contained has granted / to the said parties of the second / part, their executors, adminsitra - / tors and assigns for the term of / ten years from the first day of / January, 1869, a license to enter / upon all those certain pieces / or parcels of land lying and being / at Croton, in the town of Cort - / and, in the county of Westches - / ter and State of New York the / first of which is composed of / lots laid down and numbered / and designated on the may of / property of Philip G. Van Wyck Esq. / [^ at Croton] surveyed and drawn by Thomas /
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C. Cornell, Civil Engineer, August / 31st 1850, as lots No’s 52 . 53. 54 . 55 . 56, / and [^ The second as] lots [^ Nos.] 46. 47. 48. 49. 50, 51 and the / [^ third as] lots [No’s] 57. 58. 59. + 60. Excepting there - / from all of the part of parts of / said lots licensed or leased to / Reuben Kipp for the purposes / of taking brick material, by / lease dates May 16th. 1867 and / assigned to him to Harrison Cocks / and George Barlow which by / reference to said lease will more / fully and at large appear, and / excepting also therefrom the / fifty-feet additional granted by / said lease in case of the run - / ning out of clay on the prem - / ises hereby leased as by further / reference to said lease will more / fully appear, to remove and use / the bring material thereon for / brick making purposes [^ on a certain / brick yard only, this day leased by party of the first part to parties of the second part] to such / depth and distance thereon as may / be necessary, and for no other / purpose whatever, only upon / the terms, conditions, covenants / and agreements hereinafter men - / tioned, exhausting in a manner / as herein provided the clay or / material in each parcel in the / order as the appear in this /
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Lease, beginning with the first in / order before entering upon the / second in order and exhausting / the first and second in order be - / fore entering upon the third in / order, and said parties of the / second part in consideration / thereof and of these premises agree / to and with said party of the / first part to make of said mate- / rial therefrom brick of any kind / said parties of the second part / may see fit to make, not exceeding / in size Callaburgh front brick / of the usual size, and to pay / said party of the first part / therefor at the rate of one dollar / for each and every [thousand] of / said brick made from said / material so removed as aforesaid / including tempering sand as / hereinafter mentioned at the / expiration of every three months / after the commencement of the / term of license hereby granted / for all brick so made during / said periods during the continu - / ance of said terms, and said par - / ties of the second part further / covenant and agree with said / party of the first part, that they
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They will at all times upon the / demand of the said party of the / first part render to him a true / and accurate account of the / number and size of brick made / since the commencement of said term or of the last precede - / ing account and to permit said / party of the first party or his agent / to go upon the yard where said / brick shall or may be made, and / take an account of the number / and size of said brick made and / material and sand and mould - / ing sand used at all times dur - / ing said term, and to permit said / party of the first part or his agent / to go upon any of the premises, parts / pieces or parcels of land hereby / licensed, or herein mentioned or / referred to, to look after his / interest under the agreement, / said party of the first part agrees / that said parties of the second / part may take from the premises / hereby licensed sufficient tem - / pering sand to use for the purpose / of making said brick, or for want / thereof on said premises hereby / licensed said parties of the second / part to go upon that portion of lot /
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No 43 on said map, commencing / at a point on the boundary line / of land of John Cocks deceased / about two hundred feet from / the old road along high water / mark as laid down on said map / thence, northeasterly along said / Cock’s line to lot No 44 on said / map [^ Tempering sand] thence northwesterly on the boun - / dary line between lots 43 and 44. / fifty feet, thence southwesterly / on a line nearly parallel to / said Cock’s land to a point / about two hundred feet from / said old road along the / river thence southeasterly in a / straight line to the place of be - / ginning and take and use / tempering sand therefrom for / said purpose and not otherwise, / and in case said tempering / sand should be exhausted on / said last named premises, then / said parties of the second part / may Enter upon another fifty / feet northwesterly adjoining / thereto in said lot No 43 for the / same purpose and not otherwise, / And it is further agreed that the / parties of the second part shall have / [^ Tempering sand] the right to take tempering sand —-
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From the portion of said premises / hereinafter described as premises / from which parties of the second / part are privileged to take / moulding sand at the rate of / two dollars per ton on condition / that they shall not waste said / moulding sand, and that in / all cases they will not let the / same run to waste and that / they will remove said moulding / sand in case such removal be - / comes necessary for the purpose / of preservation of the same in any / case to such places on lots No 43 / and 44 on said maps as party / of the first part may direct at / their own expense and in such / manner as will preserve the / same, said parties of the second / part further agree to make in / each and every year during the / term hereby created from said ma - / terial two millions of brick as afore - / said or pay the yearly sum of / one thousand dollars a year as / rent of such pieces of land or / interests therein as are hereby licensed / [^ ¼ payments] as aforesaid for Each and every year du - / ring said term from the commencement thereof / payable in quarter yearly payments, said / parties of the second part further /
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[^ moulding]
Ag g ree to take of the party of the / first part all the moulding sand / used in the manufacture of said / brick during the continuance of / said term at the rate of two dollars / per ton from that portion of lot / No 43 on said map lying south - / west of a lone commencing at the / head of a certain gully in the / middle of the front of said lot / and distant two hundred feet South - / Wes eas terly from the boundary line be - / tween lots Nos 43 and 44 on said / Map, and running thence south - / easterly and parallel with said / boundary line between lots Nos 43 / and 44 on said maps to the line / of the lands late of John Cocks de - / ceased and after the same shall be / there exhausted then they agree / to take moulding sand as aforesaid / from that portion of lot No 43 ad - / joining at the rate of two dollars / and fifty cents per ton, and they / further agree in takin said moul - / ding sand always to keep on an / Even face towards the river and / work back, and that they will / only take said moulding sand / for the purpose of using the same / for sanding the moulds _
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In manufacturing said brick and / for no other purpose, and that / they will not allow an moulding / sand to be wasted in taking / or using material as afore - / said, and that they will pay / for the same at the same times / and the same shall be subject / to the same rendering of accounts / and examinations as in the / case of said brick material / herein before set forth,
And the said party of the first / part reserves to himself the / right to go on said pieces of / land or any part thereof and / take and remove moulding / sand at any time during said / term, and said parties of / the second part shall permit / the same to the done noth - / ing herein contained shall / prohibit the party of the / first part from using any / of the lands herein / mentioned or referred to / for agricultural or other / purposes so long as / it does not interfere with / the privileges —----------
[^ Privilege / to use for other / purposes]
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Herein granted to the parties of the second part, And the said parties of / the second part hereby agree to permit / him to use the same as aforesaid / said parties of the second part hereby / agree that in taking said material / on firstly herein described premises / for the manufacture of said brick / as aforesaid, that he shall use first / on an even face nearest to the / mand leased to Reuben Kipp and / said John Cocks deceased as afore - / said and continue said face to the / depth of said clay along said land / so leased to said Reuben Kipp and / the land of John Cocks decesaed as / aforesaid until said material is ex- / hausted adjoining said land so / leased to said Reuben Kopp and / said Cocks as aforesaid but not / below the water-lever, before using / the same on the other parts of said / premises hereby licensed, said party / of the first part hereby reserves the / privilege to said party of the first / part of entering and passing through / Every part of the lands hereby licensed / or the right of way over the same / for the purpose of obtaining clay or / other material from the other lands of / said party of the first part and /
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Said lands hereby licensed / conveying the same over but in so / doing not to interfere with working / of the parties of the second part. / And the parties of the second part hereby / agree to his having such privilege as / aforesaid. And it is further agreed / that in case it becomes necessary for / party of the first part to remove and / use brick material from the prem - / ises hereby licensed in order to get / access to his adjoining or contiguous / lands as aforesaid to get clay or other / material as aforesaid then party of the / first part may take and use the / same as aforesaid and parties of the / second part shall have the privil- / ege of taking an equal amount of / the same from said adjoining or / contiguous lands at the same place / or places thereon when party of the / first part is taking and using in / return therefor on the same terms as / be takes the same from the premises / hereby licensed which shall be the / only return or compensation to be / made to parties of the second part / therefor. Parties of the second part / shall not use any material or mould - / ing sand taken from any other place / or places, or from the lands of any / other person or persons in the
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Manufacture of said brick shall / the same taken from the hereinbefore / described premises either in conjunc- / tion with the same or otherwise / but shall use the same from them / exclusively [illegible, very faint… ??? April?] /
Parties of the second part hereby / covenant and agree to pay all / taxes and assessments ordinary / and extraordinary that may be / assessed or levied on the premises / or [^ Pieces of ] lands hereby licensed [^ or affected] or in- / tended so to be during the time / of this license or agreement. Said / parties of the second part hereby / covenant and agree to make the / payments and observe and perform / all the terms, conditions, agreements / and covenants herein mentioned / and to quit and surrender the / said pieces of land and premises / peaceably and quietly at the expi- / ation of the term in as good state / and condition as reasonable use / and wear thereof will permit / damages by the elements excepted / and also not to commit any waste / nor suffer any to be committed / during the term of this license, And / it is further agreed by the parties / to these presents that said parties /
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[^ to use Kipps [??] if Party of 1st part / desires]
Of the second part shall not use any of / said materials or sand or moulding sand / as aforesaid to sell to others for any / purpose whatever, nor shall he use / the same for any other purpose what- / ever than in his own manufacture. / of brick as aforesaid. And it is / further agreed that at the option of / party of the first part, parties of / the second part shall, if party / of the first part so desires it, enter / upon said premises leased to said / Kipp hereinbefore referred to at / the expiration of said lease thereof / and take and use any remaining / material therefrom if any there be / left thereon, upon the same terms / herein agreed upon in respect to to the / premises hereby licensed as afore- / said before they shall proceed / further to take and use said / material from the premises / hereby licensed as aforesaid. /
Parties of the second part agree to / take and use said material in all / cases from the bottom of the bed / in order to exhaust the clay as they / proceed but not below the water - / level. The covenants terms, agree- / ments, and conditions herein /
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Contained shall apply to and / bind the heirs, executors, [^ administrators] and assigns / of the parties to these presents.
Parties of the second part shall / not assign this license or agreement / without the written consent of the / party of the first part and any other / party acting under said license / or agreement without such consent / shall be deemed a tresspasser, such / written consent, if given, shall / not be deemed to release parties / of second part from responsi- / bility to pay as herein provided / for all brick made under this / license or agreement, whether / the same be made by themselves / or such assignes , nor from any / of the obligations herein contain - / ed unless so expressed in such / written consent. And it is / further agreed by and between / the said parties that the said / parties of the second part are / to have direct and suitable road - / ways across the lands of party / of the first part from the prem- / ises hereby leased to them by the / said party of the first part so / their brick-yard, also this day / leased by the said party of the /
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First part to the said parties of / the second part. And it is / further agreed that wherever or / whenever this agreement and / the lease made or about to be / made by party of the first part / to parties of the second part of / certain premises for the purposes / of a brick-yard, interfere in / any way with one another, or / grant different rights and / privileges on the same prem- / ises that might interfere in / any way with one another / the same shall be taken togeth- / er and construed as one in- / strument and both be made / to have effect, if possible. /
In witness whereof, the parties to these / presents have hereunto set their hands / and seals the day and year first above / written
Signed sealed and } Ph. G. Van Wyck ☁
delivered in presence } Isaac Secor ☁
of - The words on a } S. Ferris Washburn ☁
certain brick year only } George Morton ☁
this day leased by parties } John Morton ☁
of the first part to parties }
of the second part on }
[twenty second] line of second page }
having been interlined before signing}
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[LABEL]
Copy
Philip G. Van Wyck
Agreement with
Isaac Secor
S Ferris Washburn
George Morton
+
John Morton
1st January 1869
As to taking brick
material for
term of 10 yearsTranscriber
Kathryn AlexanderLanguage
English
