Council Minutes - Section D: Common Seal Register - 23 April 2013

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Cr Macdonald moved, Cr Ansett seconded -

That the following documents be signed and sealed by Council.

Carried.



1. Section 173 Agreement between Greater Geelong City Council and Brigidine Association for 225-241 Church Street, Herne Hill

Portfolio:

Planning – Cr Macdonald

Source:

Economic Development, Planning & Tourism

General Manager:

Peter Bettess

Property:

225-241 Church Street, Herne Hill

Application No:

789/2012


Officer's Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 2 of Planning Permit No. 789/2012 issued on 31 August 2013 which allowed buildings and works associated with the secondary school (Year 12 Centre) with existing car parking to be removed and provided on another site (31-51 Minerva Road, Herne Hill).

The purpose of the Agreement is to ensure the fourteen (14) car parking spaces removed are provided permanently on the land known as 31-51 Minerva Road Herne Hill for the exclusive use of 225-441 Church Street Herne Hill.

This Agreement has been prepared by one of Council’s panel solicitors.


Owner’s Obligations

The Owners obligation is to ensure that prior to the commencement of the development, 14 car parking spaces must be provided and maintained on the Minerva land for the exclusive use by the occupiers of the Church Street land.


Council Obligations

Nil.



2. Transfer of Land: Greater Geelong City Council to Ross and Robyn Lindemann - Sale of Part of Disused Drainage Reserve for creation of rear access to 9 Lascelles Avenue Manifold Heights

Portfolio:

Finance - Cr S Kontelj

Source:

Corporate Services - Corporate Strategy and Property Management

General Manager:

Jeff Wall

Property:

Part of a drainage reserve in Phillip Street, Manifold Heights


Officer's Comments

The owner of 9 Lascelles Avenue, Manifold Heights (Land) has applied to obtain legal access from Phillip Street at the rear of the Land to support the future development and subdivision of the Land.

The Land is separated from Phillip Street by a drainage reserve (Reserve). A road will be constructed over part of the Reserve to allow legal access from Phillip Street to the rear of the Land.

A Contract of Sale, signed by the Chief Executive Officer under delegated authority, has been entered into for the sale of part of the Reserve which is required for the creation of the road. The sale price is $4,200.00 inclusive of GST and is supported by an independent market valuation

The reserve status of the Reserve has now been removed and a separate Certificate of Title has been created by the Land Titles Office.

To facilitate the sale of the required part of the Reserve to the owners of the Land, Council must sign and seal the Transfer of Land instrument so that settlement can be effected.


Council Obligations

As part of the conveyancing process, Council must sign and seal a Transfer of Land instrument to convey the Land to the Purchaser once the Purchaser has effected settlement of the purchase transaction.

3. Section 173 Agreement between Greater Geelong City Council and Nedeljko Vlahovic and Ankica Vlahovic for 12 Washington Street, Corio

Portfolio:

Planning – Cr Macdonald

Source:

Economic Development, Planning & Tourism

General Manager:

Peter Bettess

Property:

12 Washington Street, Corio

Application No:

591/2012


Officers’ Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 12 of Planning Permit No. 591/2012 issued on 9 July 2012 which allowed construction of a second dwelling and a two (2) lot subdivision.

The purpose of the Agreement is to link the subdivision with the approved development.

This Agreement has been prepared by one of Council’s panel solicitors.

Owner’s Obligations

The Owners obligation is to ensure that all development on the land is in accordance with the endorsed plans forming part of Planning Permit 591/2012 (or any amendment to that permit) or any subsequent Planning Permit.

Council Obligations

Nil.

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