General Motors-Holden's Agreement Ratification Act 1938 (NSW)
GENERAL MOTORS-HOLDEN'S
AGREEMENT RATIFICATION
ACT.
Act No. 34, 1938.
An Act to ratify a certain agreement made between the Honourable Colin Archibald Sinclair, the Minister for Lands of the State of New South Wales for and on behalf of His Most Gracious Majesty King George VI and the Government of the said State of the one part and General Motors-Holden's Limi- ted with respect to the sale to such Company of certain lands at or near Pagewood on certain terms and conditions and with respect to the granting to such Company of an option
to
to purchase certain adjoining lands; to pro vide for the carrying into effect of the said agreement; to provide for the closing of certain streets and lanes and the revocation of certain reserves; and for purposes connected therewith. [Assented to, 20th December, 1938.]
| BE it enacted by the King 's Most Excellent Majesty, lative Council and Legislative Assembly of New South b y a n d with the advice and consent of t he Legis | Wales in Par l iament assembled, and b y the au thor i ty of |
| the. same, as follows :— | |
| 1 . This Act may be cited as the " G e n e r a l Motors- Ho lden ' s Agreement Ratification Act, 1938 ." |
2 . I n this Act, unless the context otherwise requi res—
" T h e said A g r e e m e n t " means the agreement , a copy of which is set out in the Schedule to this
Act.
" T h e C o m p a n y " means General Motors-Holden 's Limited.
" T h e M i n i s t e r " means the Minister for Lands .
3 . (1) The agreement , a copy of which is set out in the Schedule to this Act, is hereby ratified and may be car r ied into effect no twi ths tanding the provis ions of any other Act.
| (2) All acts, ma t t e r s and things for or with respect which, by the agreement , a re agreed, directed, author ised | to which provision is made in the said Agreement , or |
| or permi t ted to be made, done or executed by or on behalf of His Majesty or the Governor or the Minister or the Regis t ra r -Genera l a re hereby sanctioned, authorised and confirmed. | |
| 4 . The Company shall not, unless the wr i t ten consent of the Minis ter be first obtained, sell or dispose of or lease for a t e rm exceeding three yea r s from the execution of the lease the lands described in the F i r s t Schedule to the said Agreement or any p a r t thereof: Prov ided tha t this section shall cease to operate upon the Minis ter |
s ta t ing
s ta t ing in wr i t ing tha t the Company has performed the provis ions of subclause (a) of clause one of the said Agreement or upon the Company pay ing to the Minister the l iquidated damages covenanted by it in subclause (b) of the said clause one to be pa id to him or upon the Audi tor -Genera l cert ifying tha t the cost of the perma nent and fixed improvements erected and constructed and caused to be erected and constructed within eighteen months from the da te of commencement of the said Agreement (or such fur ther t ime, if any, allowed by the Minister in wr i t ing) by the Company upon the said lands for the purpose of ca r ry ing on indus t r ia l opera t ions thereon is at least two hundred thousand pounds.
5 . (1) Tha t p a r t of Kingsford S t ree t which is s i tuated within the boundar ies of the land described in the F i r s t Schedule to the said Agreement and all or any other s t reets or s t reet and lanes or lane being within the boundar ies of the land described in the F i r s t Schedule to the said Agreement are hereby closed and the r igh t s (if any) therein of the public and in par t i cu la r of the purchase r s of any of the por t ions shown on the p lan catalogued a t the Depa r tmen t of Lands , Sydney, as No. C. 5291-2030, a re hereby extinguished.
(2) No dedication of or o ther act with respect to the se t t ing a p a r t or g r an t ing r igh ts over any s treet or lane re fe r red to in subsection one of this section or other act with respect there to shall be deemed to have affected the t i t le of His Majes ty to the lands comprised therein.
6. Reserve 65618 from After Auction Purchase noti fied under section twenty-nine of the Crown L a n d s
the fifteenth day of November, one thousand nine hundred Consolidation Act, 1913, in the Government Gazette on and thirty-five and reserve from sale or lease a r i s ing unde r section two hundred and six of the same Act notified in the Government Gazette of the twenty-fifth d a y of October, one thousand nine hundred and th i r ty- five so far as the same affect the land described in the F i r s t Schedule to the said Agreement , and Reserve 65343 from After Auction Purchase notified under the said section twenty-nine in the Government Gazette on the fifth day of Ju ly , one thousand nine hundred and th i r ty- five so far as the same affects the lands described in the
F i r s t
F i r s t and Second Schedules to the said Agreement , shall not opera te to prevent full effect being given to the said Agreement , and the issue of any Crown g r a n t therein provided for shall have the effect of revoking such p a r t s of the reservat ions re fer red to as from the day preced ing the issue of any such Crown g ran t .
7. (1) The res t r ic t ions imposed by clause five of the sa id Agreement shall bind the lands described in the F i r s t Schedule to the said Agreement and every p a r t of such lands into whosesoever hands the same may come and shall bind all persons in teres ted in the said lands or
| any p a r t | thereof. |
(2) The Regis t ra r -Genera l shall endorse upon the Crown g r a n t to issue in respect of such lands as p ro vided in the said Agreement an appropr i a t e notification to ca r ry subsection one of this section into effect.
SCHEDULE.
| AGREEMENT made the second day of December one thousand nine hundred and thirty-eight BETWEEN THE HONOURABLE COLIN ARCHIBALD SINCLAIR the Minister for Lands of the State of New South Wales for and on behalf of His Most Gracious Majesty King George VI and the Government of the said State (hereinafter termed "the Vendor" which term shall where the context admits include the successors in office of the said Minister) of the one part and GENERAL MOTORS-HOLDEN'S LIMITED a Company duly registered under the Companies Acts of the said State (hereinafter termed "the Company" which term shall where the context admits include its assigns) of the other part WHEREAS the Company for the purpose of establishing and conducting within | the said State manufacturing and assembly works in connection with | the motor industry is desirous of acquiring immediately the lands |
| described in the First Schedule hereto and of acquiring an option of purchase in respect of the lands described in the Second Schedule hereto all of which lands are Crown Lands within the meaning of the Crown Lands Consolidation Act, 1913 , AND WHEREAS the Com pany has procured the execution by the Commonwealth Bank of Australia of a Guarantee in favour of the Vendor in the sum of Five thousand pounds (£5,000) as security for the fulfilment of the covenant by the Company contained in clause 1 hereof Now IT IS | ||
| HEREBY AGREED as follows:— |
1. (a) The Company hereby covenants with the Vendor that the Company without cost to the Vendor shall before the expira tion of the period of six months commencing on the date of commencement of this Agreement commence or cause to be
commenced
commenced the erection and construction of permanent and fixed improvements upon the lands described in the First Schedule hereto for the purpose of carrying on industrial operations thereon and shall thereafter proceed with or cause to be proceeded with such erection and construction so that at the expiration of eighteen months from the date of commencement of this Agreement or of such further period if any as may be allowed by the Vendor in writing the Company shall have without cost to the Vendor erected and constructed or caused to be erected and constructed upon such lands permanent and fixed improve ments to the cost of Two hundred thousand pounds ( £ 2 0 0 , 0 0 0 ) for the purpose of carrying on industrial operations thereon and the Company covenants with the Vendor to construct or cause to be constructed such permanent and fixed improvements to the said cost within the said period of eighteen months or further period if any allowed in writing by the Vendor accordingly.
(b) In the event of the Company failing to erect and construct or cause to be erected and constructed upon the said lands such permanent and fixed improvements to the cost of Two hundred thousand pounds ( £ 2 0 0 , 0 0 0 ) as required by the preceding subclause within the time thereby provided the Com pany hereby covenants to pay to the Vendor as liquidated damages and not as penalty a sum calculated at the rate of Ten pounds ( £ 1 0 ) per centum of the amount by which the sum of Two hundred thousand pounds ( £ 2 0 0 , 0 0 0 ) exceeds the cost of the permanent and fixed improvements erected and constructed and caused to be erected and constructed by the Company upon the said lands within the time as aforesaid.
(c) A certificate by the Auditor-General of the State of New South Wales (hereinafter referred to as ''the Auditor- General" which expression shall include the person for the time being acting as such) of the cost of the permanent and fixed improvements erected and constructed and caused to be erected and constructed within the period of eighteen months from the date of commencement of this Agreement (or such further period if any allowed by the Vendor in writing) by the Company upon the said lands for the purpose of carrying on industrial operations thereon shall be final and conclusive and
binding upon the parties hereto.(d) The Company shall from time to time produce all books vouchers documents papers and evidence to, and allow the permanent and fixed improvements on the said lands to be inspected by— (i) the Vendor and persons authorised by him for the purpose of ascertaining the performance or non performance by the Company of its obligations under subclause (a) of this Clause, and
(ii) the Auditor-General (and persons authorised by him) for the purposes of subclauses (a) and (c) of this Clause.
(e)
(e) The Company shall not unless the written consent of the Vendor be first obtained, sell or dispose of or lease for a term exceeding three years from the execution of the lease the lands described in the First Schedule hereto or any part thereof
PROVIDED that this subclause shall cease to operate upon the
Vendor stating in writing that the Company has performed the provisions of subclause (a) of- this Clause or upon the Company paying to the Vendor the liquidated damages covenanted by it in subclause (b) of this Clause to be paid to him or upon the Auditor-General certifying that the cost of the permanent and fixed improvements erected and constructed and caused to be erected and constructed within eighteen months from the date of commencement of this Agreement (or such further time if any allowed by the Vendor in writing) by the Company upon the said lands for the purpose of carrying on industrial operations thereon is at least Two hundred thousand
pounds ( £ 2 0 0 , 0 0 0 ) . (f) The term '''permanent and fixed improvements" in this Clause includes buildings levelling of land roads drains and works and erections and other appurtenances to any of the foregoing and also includes fixed plant and machinery of any description.
(g) The Act ratifying this Agreement shall contain a prohibition to the effect of subclause (e). of this Clause.
2. In consideration of the aforesaid covenant by the Company to erect and construct or cause to be erected and constructed permanent and fixed improvements on the said lands to the cost of Two hundred thousand pounds ( £ 2 0 0 , 0 0 0 ) and subject to the provisions hereinafter contained the Vendor hereby agrees to sell to the Company the lands described in the First Schedule hereto for the price of Ten thousand pounds ( £ 1 0 , 0 0 0 ) and the Company hereby agrees to purchase such lands from the Vendor at the said price accordingly.
3. The Company shall pay the said purchase money to the Vendor in Sydney free of exchange on a date which shall be one month from the date of commencement of this Agreement. If
from any cause whatever other than the default of the Vendor the purchase money shall not be paid on that date the Company shall pay to the Vendor interest thereon at the rate of Five pounds (£5) per centum per annum computed from that date until the day of actual payment.
4. No particulars of title and no abstract or evidence of title shall be required by the Company and no requisition or objection shall be made or taken by it in respect of the title to the land described in the First Schedule hereto.
5. (a) The said land described in the First Schedule hereto is sold subject to the following restrictions—
(1) No building shall without the consent in writing of
the Vendor be constructed on such land otherwise than
inin accordance in all respects with plans and specifica tions and of materials which shall have been first approved by the Government Architect of the said State or the person for the time being acting as such.
(2) Neither such land nor any building or structure erected thereon shall be used for or in connection with any noxious or offensive business trade or process.
(b) The Act ratifying this Agreement shall provide that the said restrictions shall bind the lands described in the First Schedule hereto and every part thereof into whosesoever hands the same may come and shall bind all persons interested therein and that the Registrar-General shall endorse upon the Crown Grant to issue in respect of such lands as hereinafter provided an appropriate notification to secure this end.
6. The land described in the First Schedule hereto is sold subject to the existing tenancies and occupancies licenses easements and encroachments.7. All objections or requisitions which the Company is entitled to make under this Agreement so far as it relates to the sale of the land described in the First Schedule hereto shall be delivered to the State Crown Solicitor in writing within fourteen days from the date of the commencement of this Agreement and all objections or requisitions not so made shall be deemed to be waived.
8. (a) On payment of the whole of the said purchase money of Ten thousand pounds (£10,000) and of any other moneys then due to the Vendor under this Agreement the Vendor will within a reasonable time and in accordance with and subject to the provisions of this Agreement cause to be issued to the Company a Crown Grant of the said land described in the said First Schedule hereto under the provisions of the Real Property Act, 1900.
(b) The said Crown Grant shall contain such reservations exceptions conditions and provisions as are usually inserted in Crown Grants of Town Lands and as may be necessary to give effect to the terms of this Agreement. (c) All stamp duty and fees (including any contribution
to the Assurance Fund) on such Crown Grant shall be paid by
the Company prior to the delivery thereof.
9. No error or misdescription of the lands described in the said First Schedule hereto shall annul the sale but compensation if demanded in writing before completion of the sale and purchase of such land but not otherwise shall be made or given as the case may require the amount to be settled in case of difference by two arbitrators one to be appointed by the Vendor and the other by the Company in accordance with the provisions of the Arbitration Act, 1902.
10. The Vendor shall be entitled to the rents and profits and
shall pay and bear all rates taxes assessments and outgoings in
respect
respect of the land described in the First Schedule hereto up to the date of payment of the purchase money from which date the Company shall be entitled to such rents and profits and shall pay or bear the said rates taxes assessments and outgoings. Any necessary apportionment shall be made and adjusted on completion.
11. The Company shall as from the date of the commencement of this Agreement become liable for and shall comply with all notices which may thereafter be issued by any local Municipal Statutory or other competent Authority requiring the expendi ture of money or the doing of any work upon the said land described in the said First Schedule hereto or which may impose any liability pecuniary or otherwise on the owner or occupier of such land.
12. If the Company shall fail to comply with or observe any of the conditions terms or stipulations hereof relating to the sale and purchase of the said land described in the said First Schedule hereto the Vendor shall be at liberty to rescind the contract or to sue the Company for breach of contract.
13. If the Vendor shall be unable or unwilling to comply with or remove any objection or requisition which the Company shall be entitled to make under this Agreement in relation to the land described in the First Schedule hereto and such objection is not waived by the Company after seven days' notice of the Vendor's intention to rescind has been given to the Company (which notice shall be deemed reasonable notice of such intention under Section •56 of the Conveyancing Act, 1910-1932) the Vendor shall whether he has or has not attempted to remove or comply with such objection or requisition and notwithstanding any negotiation or litigation in respect thereof be at liberty to rescind the contract and in no case shall the Vendor be liable for any damages costs charges or expenses whatsoever incurred by the Company in and about the contract or otherwise howsoever.
14. The Vendor shall not be called upon to pay or bear the cost whether in relation to the land described in the First Schedule
or any proportion of the cost of any dividing fence or fences and
hereto or that described in the Second Schedule hereto. 15. All notices and documents under this Agreement may be served as mentioned in Section 170 of the Conveyancing Act,
1919-1932 . and subject to the provisions of this Agreement any notices to be given by the Vendor shall be sufficiently given if signed by the Under-Secretary Department of Lands or the person for the time being acting as such.
16. Clauses 2 to 6 inclusive of the Conditions of Sale con tained in Schedule LIT of the Conveyancing Act, 1919-1932 (save
in so far as the same or any part thereof are incorporated herein) are hereby expressly negatived. 17. (a) In consideration of the covenants on the part of the Company hereinbefore appearing and subject always to the provisions of this Agreement the Vendor agrees to grant to the Company the option to purchase the land described in the Second Schedule hereto at or for the price or sum of Three thousand three hundred and thirty pounds (£3,330).
(b) Such option may only be exercised as follows, namely, by the Company at any time within two years from the date of the commencement of this Agreement giving to the Vendor notice in writing under its Common Seal that the Company exercises the option PROVIDED ALWAYS that the Company shall not be entitled to exercise such option unless previously thereto it shall have completed the purchase of the land described in the First Schedule hereto and shall have erected and con structed or caused to be erected and constructed upon such land permanent and fixed improvements to the cost of Two hundred thousand pounds (£200,000) in accordance with the terms of this Agreement. Time shall be of the essence of this subclause.
(c) If the option is exercised as in this Clause provided the Company shall thereupon become the Purchaser of the land described in the said Second Schedule hereto.
18. The land described in the Second Schedule hereto shall be sold subject to the tenancies occupancies licenses encroachments and easements affecting the same.
19. (a) Within fourteen days after the Company shall have exercised the aforesaid option as hereinbefore provided it shall pay to the Vendor the whole of the said purchase money of Three thousand three hundred and thirty pounds (£3,330).
(b) Upon payment of such purchase money the Company shall subject to Clause IS be entitled to possession of the said land described in the said Second Schedule hereto and to the receipt of the rents and profits thereof and from the date of such payment the Company shall be and become liable for the payment of all rates taxes assessments and outgoings of every description payable in respect of or charged or to be charged on the land described in the said Second Schedule hereto and any
necessary apportionments shall be made and adjusted between
the Company and the Vendor. (c) From the date on which the Company shall exercise the aforesaid option as hereinbefore provided the Company shall become liable for and shall comply with all notices which may thereafter be issued by any local Municipal Statutory or other competent Authority requiring the expenditure of money or the doing of any work upon the said land described in the said Second Schedule hereto or which may impose any liability pecuniary or otherwise on the owner or occupier of such land.
20. All objections or requisitions which the Company is entitled to make under the provisions of this Agreement in so far as they relate to the land described in the Second Schedule hereto shall be made and delivered to the State Crown Solicitor in writing
within
within ten days after the Company shall have exercised the afore said option as hereinbefore provided and all objections and requisitions not so made shall be deemed to be waived.
21. (a) Upon payment of the said sum of Three thousand three hundred and thirty pounds (£3,330) and of any other moneys then duo to the Vendor under this Agreement the Vendor will within a reasonable time and in accordance with and subject to the provisions of this Agreement cause to be issued to the Company a Crown Grant of the said land described in the said Second Schedule hereto under the provisions of the Real Property Act. 1900.
(b) The said Crown Grant shall contain such reservations exceptions conditions and provisions as are usually inserted in Crown Grants of Town Lands and as may be necessary to give effect to the terms of this Agreement.
(c) All stamp duty and fees (including any contribution to the Assurance Fund) on such Crown Grant shall be paid by the Company prior to the delivery thereof.
22. In the event of the Company exercising in manner afore said the option of purchase hereinbefore granted to it the provisions of Clauses 4, 9, 12 and 13 hereof shall apply mutatis mutandis to the sale to and purchase by the Company of the said land described in the said Second Schedule hereto in like manner as if the same had applied and had reference to such land only.
23. Such of the provisions and conditions of this Agreement as require or prescribe any act or thing to be done or not to be done by the Company shall in addition to being read and construed as conditions of the Contract be also read and con strued as agreements whereby the Company covenants with the Vendor to observe and perform the said provisions and conditions.
24. So as to permit of full effect being given to this Agree ment the Act ratifying this Agreement shall provide for the following further matters—
(a) the closing of that part of Kingsford Street which is
the First Schedule hereto and also of all or any other situated within the boundaries of the land described in streets or street and lanes or lane being within the boundaries of the land described in the First Schedule hereto. AND the extinguishment of the rights (if any) therein of the public and in particular of the purchasers of any of the portions shown on the plan catalogued at the Department of Lands, Sydney as No . C. 5291-2030,
(b)
the revocation of Reserve No. 65618 from After Auction Purchase notified under section 29 of the Crown Lands Consolidation Act, 1913, in the Government Gazette on the 15th November, 1935, and reserve from sale or lease arising under Section 206 of the Crown Lands Consolidation Act, 1913, notified in the Government
Gazette
Gazet te of the 25th October, 1935, so far as the same affect t he land described in the F i r s t Schedule hereto and the revocation of the Reserve No. 65343 from After
Auc t ion P u r c h a s e notified unde r the said Sect ion 29 i n the Government Gazet te on t he 5th J u l y , 1935, so far as the same affects the lands described in the F i r s t and Second Schedules hereto.
25. Th i s Agreemen t is subject to rat if icat ion by the P a r l i a m e n t of the S ta te of New Sou th Wales and shall come into effect when so ratified and the expression " t he da te of commencement of th is Agreemen t " means the date of commencement of t h e A c t which ratifies i t PROVIDED t h a t if this Agreement is not ratified by the said P a r l i a m e n t before the 31st day of December , 1938 i t shall become nul l and void.
I N WITNESS whereof the par t i es hereto have executed th is Agree
ment .
T H E F I R S T SCHEDULE HEREINBEFORE REFERRED TO.
A L L THAT piece or parcel of land s i tua te in the Munic ipa l i ty of
Botany being por t ion 3497 P a r i s h of Bo tany , County of Cumber land and con ta in ing 25 acres more or less, COMMENCING on the western
side of B u n n e r o n g Road a t the nor th-eas te rn corner of por t ion 2463, and bounded thence by a nor the rn and a pa r t of the western boundary of t h a t por t ion bear ing 270 degrees 111 feet and 184 degrees 8 m i n u t e s 21 feet 11 inches to a nor th-eas te rn corner of por t ion 3498, thence by a nor the rn boundary of t ha t por t ion bear ing 269 degrees 28 minu tes 15 seconds 1,088 feet 0 inches to the eastern side of a road 66 feet wide thence by t h a t side of t h a t road bear ing 3 degrees 32 minu tes 40 seconds 895 feet 71/2 inches, thence by a south-eastern side of a road of variable wid th bear ing forty-six degrees 46 minu te s 29 feet 13/4 inches to the southern side of Maroubra Bay Road, thence by tha t side of t h a t road bear ing 90 degrees 1,149 feet 4 inches to t h e nor th-western corner of por t ion 2433, thence by the western t h e southern and the eastern boundar ies of t ha t por t ion bear ing 180 degrees 100 feet, 90 degrees 20 feet, and 300 degrees 100 feet to t h e southern side of the aforesaid Maroubra B a y Road, thence by t h a t side of t ha t road bear ing 90 degrees 20 feet to the nor th-wes tern corner of por t ion 2435, thence by the western, the sou thern and t h e
eastern boundar ies of t h a t port ion bear ing 180 degrees 100 feet, 90 degrees 20 feet and 360 degrees 100 feet to the southern side of t he aforesaid Maroubra Bay Road, thence by tha t side of t h a t road bear ing 90 degrees, 59 feet 71/2 inches, thence by a curved l ine be ing 35 feet 41/2 inches of t he a rc of a circle of r ad iu s 20 feet whose cen t re lies on the south-west of the chord which bears 140 degrees 40 minu tes 30 feet H I inches to a nor th-western side of B u n n e r o n g Road, thence by nor th-wes tern sides of t h a t road bear ing 191 degrees 20 m i n u t e s 182 feet 11 inches, and 204 degrees 50 minu te s 40 seconds 64 feet 11/2 inches to the nor th-eas te rn corner of por t ion 2445, thence by no r th eastern, nor th-western and south-western boundar ies of t h a t por t ion bear ing 281 degrees, 19 m i n u t e s 117 feet 41/4 inches, 196 degrees 46 m i n u t e s 21 feet 6 inches and 101 degrees 19 minu tes 114 feet 3 inches
to,
to a north-western side of the aforesaid Bunnerong Road, thence by north-western sides of that road bearing 2 0 4 degrees 50 minutes 4 0 seconds 9 5 feet 3 inches and 195 degrees 29 minutes 69 feet 31/2 inches
| to the north-eastern corner of portion 2454, thence by the northern, western, south-western, southern and south-eastern boundaries of that portion bearing 270 degrees 1 0 1 feet 1 0 1 inches 1 8 4 degrees 8 minutes | 1 7 feet 21/4 inches; 137 degrees 4 minutes 6 feet 93/4 inches 9 0 degrees 78 feet 1 0 inches, 79 degrees 16 minutes 6 feet 91/4 inches, 57 degrees | |
| 4 8 minutes 6 feet 9 1 inches, 36 degrees 20 minutes 6 feet 91/4 inches, 1 4 degrees 51 minutes 6 feet 91/4 inches to a western side of the | ||
| 184 degrees 8 minutes 1 1 5 feet 41/4 inches to portion 2 4 5 5 thence by aforesaid Bunnerong Road, thence by that side of that road bearing | ||
| north-eastern boundaries of that portion, its northern and western boundaries, the western boundaries of portions 2456 and 2457 and | ||
| ||
| feet 9 inches, 184 degrees 8 minutes 135 feet and 90 degrees 1 1 1 feet to the south-eastern corner of the latter portion on a western side of the aforesaid Bunnerong Road, thence by that side of that road bearing 1 8 4 degrees 8 minutes 90 feet to the north-eastern corner of portion 2 4 0 0 thence by the northern western and southern boun daries of that portion bearing 270 degrees 1 1 1 feet 1 8 4 degrees 8 minutes 4 5 feet and 90 degrees 1 1 1 feet to its south-eastern corner on a western side of the aforesaid Bunnerong Road, and bounded thence by that side of that road bearing 1 8 4 degrees 8 minutes 9 0 feet to the point of commencement—being shown on plan catalogued | ||
| C. 5291-2080 in the Department of Lands. |
THE SECOND SCHEDULE HEREINBEFORE REFERRED TO.
ALL THAT piece or parcel of land situate in the Municipality of
Botany being portion 3498 Parish of Botany County of Cumberland and containing 8 acres 1 rood 12 perches more or less COMMENCING at a point on the western boundary of portion 2463 bearing 1 8 4 degrees 8 minutes 21 feet 1 1 inches from its north-western corner and being itself the most southerly south-eastern corner of portion
3497 and bounded thence by part of the aforesaid western boundary
of portion 2 4 6 3 , the western and southern boundaries of portion 2 4 6 4
| bearing 1 8 4 degrees 8 minutes 68 feet 1 inch and 9 0 degrees 1 1 1 feet | to the south-eastern corner of the latter portion on a western side |
| of Bunnerong Road, thence by that side of that road bearing 1 8 4 degrees 8 minutes 4 5 feet to the north-eastern corner of portion 2 4 6 6 thence by northern, south-western and south-eastern boundaries of that portion bearing 270 degrees 1 1 1 feet, 168 degrees 4 4 minutes 5 2 feet 21/2 inches, and 8 4 degrees 58 minutes 98 feet 8 inches to the | |
| south-eastern corner of portion 2466 on a western side of the afore said Bunnerong Road, thence by that side of that road bearing 1 8 2 degrees 3 4 minutes 2 0 seconds 138 feet 1 inch to a curved line being 3 0 feet 4 inches of the arc of a circle of radius 2 0 feet whose centre lies on the north-west of a chord, which bears 2 2 6 degrees 1 minute 27 feet 6 inches to a northern side of a road 66 feet wide, thence by that side of that road bearing 269 degrees 28 minutes 1 5 seconds |
1,162
1,102 feet 3 inches thence by the north-eastern side of a road of
variable width bearing 310 degrees 30 minutes 27 feet 3 inches to an
eastern side of a road 00 feet wide, thence by that side of that road
bearing- 3 degrees 32 minutes -10 seconds 293 feet 10$ inches: to the
south-western corner of portion 3197 aforesaid, thence by the most
southern boundary of that portion bearing S9 degrees 28 minutes 15
seconds 1,088 feet 6 inches to the point of commencement—being
shown on plan catalogued C. 5291-20;;0 in the Department of Lauds.SIG'NED SEALED AND DELIVERED by the said THE HONOURABLE
COLLV ARCHIBALD SINCLAIR the
Minister for Lands of the COL1X A. SIXCLAIR State of Xew South Wales aforesaid in the presence of:
B. F. ANDREWS.
T H E COMMON SEAL of GENERAL
MOTORS-HOLDEN'S LIMITED was
hereunto affixed by the
authority of the Board of (L.S.) Directors in the presence of J. II. BUTTLES JOHN STOREY and JOHN HENRY J O H X STOEEY BETTERS two of the Directors Directors, of the Company and of
J. E. MCKE'NZTS,
Secretary.
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