Heroes Avenue Trust Act 1987 (Qld)

428 Queettst2Ynb ANNO TRICESIMO SEXTO ELIZA ET AE SECU ND AE R EGINAE An Act to free and UIsc are certain land vested in B risbane City Council from a trust affecting the land for the purpose of dedicating the land as road [ASSENTED TO 30TH APRIL, 1987]

Heroes Avenue Trust Act 1987, No. 33 429 Whereas The Council of the Shire of Taringa is the registered proprietor of an estate in fee simple in the land described in the Schedule subject to a trust for park purposes And Whereas by section 29 (1) of The City of Brisbane Act of 1924 the Shire of Taringa and the Local Authority of that shire was each abolished And Whereas by section 30 of The City of Brisbane Act of 1924 an estate in fee simple in the said land is now vested in Brisbane City Council subject to the trust aforesaid And Whereas it is desired that the said land be dedicated to public use as a road: NOW THEREFORE BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title . This Act may be cited as the, Heroes Avenue Trust Act 1987. 2. Discharge from trust. On and from the commencement of this Act an estate in fee simple in the land described in the Schedule shall continue to vest in Brisbane City Council freed and discharged from the trust for park purposes to which the land was subject immediately before the commencement of this Act. 3. Ded ication as road . As soon as practicable after the commencement of this Act Brisbane City Council shall lodge in the office of the Registrar of Titles a plan of survey dedicating to public use as road the land described in the Schedule. 4. Use of land not breach of trust. Application, maintenance and use of the land referred to in section 2 as a road before the commencement of this Act shall not be taken to constitute a breach of the trust for park purposes to which the land was subject before the commencement of this Act. SCHEDULE [s. 2] Land situated in the County of Stanley Parish of Indooroopilly containing approximately 4 200 square metres described as- (a) part of resubdivisions 72A and 73 of subdivision 1 of Portion N8 being part of the land contained in Certificate of Title Volume 1381 Folio 75; and (b) subdivision IA of resubdivision 74 of subdivision 1 of Portion N8 being the whole of the land contained in Certificate of Title Volume 1504 Folio 47.

430 Heroes Avenue Trust Act 1987, No. 33 Commencing at a point on the western alignment of Gailey Road at its intersection with the southern boundary of subdivision 1 of resubdivision 74 of subdivision 1 of portion N 8, and bounded by that alignment on a bearing of 201 °0' for a distance of 96.28 metres and thence by lines bearing 17°46'20" for a distance of 72.124 metres; 2°26'20" for a distance of 3.064 metres; 331 °46'20" for a distance of 3.064 metres; 301 °06'20" for a distance of 3.064 metres; 285°46'20" for a distance of 39.00 metres; 274°46'20" for a distance of 48.00 metres; 258°57'50" for a distance of 32.356 metres; 247°44'00" for a distance of 3.506 metres; 225°16'20" for a distance of 3.506 metres and 202°48'50" for a distance of 3.506 metres to the eastern alignment of Indooroopilly Road; thence by that alignment on a bearing of 11°35'00" for a distance of 12.00 metres and 302°41'00" for a distance of 56.00 metres; thence by lines bearing 117°21'20" for a distance of 3.89 metres; 106°41'50" for a distance of 3.89 metres; 96°02'20" for a distance of 3.89 metres and 90°42'30" for a distance of approximately 64.00 metres to the right bank of filled-in creek being portion 282, County of Stanley, Parish of Indooroopilly; thence following the said right bank of the filled-in creek, being portion 282 for a distance of approximately 29 metres; thence by lines bearing 90°42'30" for a distance of approximately 19 metres; 102°10'00" for a distance of 33.192 metres to the southern boundary of the aforesaid subdivision 1 of resubdivision 74 of subdivision 1 of portion N. 8 and by that boundary bearing 116°17' for a distance of 40.394 metres to the point of commencement.