Ordinary Council Meeting - Hastings Council - NSW Government

PORT MACQUARIE-HASTINGS COUNCIL
Social
Meeting Date: 16/02/2011 - Social
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Item 10
Subject LAND ACQUISITIONS AND ROAD CLOSURES -
PAPPINBARRA ROAD, PAPPINBARRA.
Director TONY LEAHY (CBS)
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A report recommending the signature of a Deed of Clarification to amend a previously signed Deed
of Acquisition.
RECOMMENDATION
That pursuant to Section 377 of the Local Government Act 1993, the General
Manager be delegated authority to sign the Deed of Clarification.
Discussion
In 2005, Council considered a report to acquire various private freehold land and close certain
sections of Pappinbarra Road at Pappinbarra in order to rectify an anomaly between the road in
use and that originally set aside for road purposes but not constructed. The realignment
involved several properties and in due course the matter was completed. A copy of the October
2005 report is linked here.
At the time, Council's then solicitors drafted the Deeds of Acquisition, however in regard to the
acquisition from 2064 Pappinbarra Road, the Deed transferred certain lands to the registered
land owners whereas, the land should have been transferred to the land owners
superannuation investment fund. The solicitor acting for the owners of 2064 Pappinbarra Road
has now informed Council of the drafting error in the Deed and has provided a "Deed of
Clarification" which will serve to rectify the error in the original Deed of Acquisition.
Alignment With Strategic Direction
Not applicable
Consultation
There has been no consultation.
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