\PROP\GM\73854.DOC\1
BP REF
FILE NO:
PF 3378/20
Report to Council Meeting on 17 February 1998
5.1
DEED OF AGREEMENT INDEMNIFYING COUNCIL AGAINST CLAIMS FOR COMPENSATION AT 20 MUNNUMBA ROAD, BELROSE
Purpose To obtain Council resolution to affix its seal to the Deed of Agreement so that a new mortgage may be registered over the property. Summary Council in 1977 created a caveat over this property so that it would be notified of any dealings relating to the land. The purpose of the caveat was to notify any new owners of the existing encroachment of a swimming pool built over a Council drainage pipeline. The property has since changed hands a number of times and a number of mortgages have been registered over the title. In order for the new bank mortgage to be registered the mortgagor needs to enter into the Deed of Agreement which acknowledges Council’s interest and indemnifies Council against any claims for compensation from the owners. The deed is identified as Annexure 1. Recommendation of Director Public Office 1. That Council endorse the Deed of Agreement allowing the current mortgage to be lodged by the National Australia Bank Limited over Certificate of title Volume 11025 Folio 20 known as 20 Munnumba Road, Belrose. Council affix its seal to the new Deed of Agreement as identified as Annexure 1.
2.
RECOMMENDED TO COUNCIL by the General Manager
This report forms an attachment to the Minutes of a Warringah Council Meeting held on 17 February 1998 ITEM
\PROP\GM\73854.DOC\2
BP REF
FILE NO:
PF 3378/20
Report to Council Meeting on 17 February 1998
BODY OF REPORT Reporting Officer Manager Corporate Management Plan Goal Area: Broad Objective Area: Strategy: Management Plan: Purpose To obtain Council resolution to affix its seal to the Deed of Agreement (Annexure 1) so that a new mortgage may be registered over this property. Background Council at its Town Planning and Building Committee Meeting on the 27th July 1977 resolved that it would be prepared to reconsider a demolition order on a pool that stands partly over a Council drainage pipe provided the owners entered into a suitable agreement to indemnify Council against any additional costs involved in repositioning or replacing the pipeline in the drainage easement. This deed was suitably provided and endorsed by subsequent mortgagees. Issues There are no issues of concern if Council resolves to endorse the continuation of the deed. Recent changes proposed for affixing the seal will allow matters like this to be dealt with administratively through the recent Power of Attorney resolution of the 4th February 1998. However the timing of this request is such that it is appropriate that this matter be dealt with now and in this manner. Consultation No objections have been raised from within Council. No external consultation for this matter is appropriate. Environment and Development Development Assessment and Control Effective Development Control Leading us into the 21st Century 1997-2001, page 29
This report forms an attachment to the Minutes of a Warringah Council Meeting held on 17 February 1998 ITEM
\PROP\GM\73854.DOC\3
BP REF
FILE NO:
PF 3378/20
Report to Council Meeting on 17 February 1998
Options and Financial Considerations There are no options other than endorsement of the Deed. There are no financial considerations as the applicant will be meeting Council costs in the matter.
1. Impact on Council Budget
There is no impact of this matter on the Council budget.
2. Timing
This should be concluded as an administrative matter so no undue delay occur for the applicant.
3. Public Presentation
There are no public presentation details as the nature of the matter doesn’t require such.
This report forms an attachment to the Minutes of a Warringah Council Meeting held on 17 February 1998 ITEM