University and College Lands and Victoria Park (Amendment) Act 1937 (NSW)

University and College Lands and Victoria Park

(Amendment) Act.

UNIYEKSITY AND COLLEGE LANDS AND VICTOKIA PAEK

(AMENDMENT) ACT.

Act No. 36, 1937.

An Act to carry into effect the exchange of cer- George vi, tain land between the Municipal Council 3̂ 937, of Sydney and the University of Sydney;

to provide that certain lands shall be a public road, and for the closing of a certain part of a public road; to amend the University and College Lands and Victoria Park Act, 1924. the Victoria and E,ush- cutters Bay Parks Act, and certain other Acts; and for purposes connected therewith, [Assented to, 23rd December, 1937.]

T )E it enacted by the King's Most Excellent Majesty,

by and witli the advdce and consent of the Legis­

lative Council and Legislative Assembly of New South

'Wales in Parliament assembled, and by the authority of

the same, as follows

1 . (1) This Act may be cited as the “ University and ShorttiUe,

College Lands and Victoria Park (Amendment) Act,

1937,” and shall be read and construed with the Uni- citation,

versity and College Lands and "Victoria Park Act, 1924.

(2) The University and College Lands and Victoria Park Act, 1924, is in this Act referred to as the Principal Act.

(3) The Principal Act as amended by this Act may be cited as the “ University and College Lands and Vic­ toria Park Act, 1924-1937.”

2 . The Principal Act is amended—

(a) by omitting from section two the words “subject 3c, 1924,’ as to the land described in Schedule Four to the ». 2. rights conferred upon the University by section

, five of this Act” ;

(b) by omitting sections four and five. Secs. 4,5. ,

. 3 .

442                 University and College Lands and Victoria Park

No. 36,1937.	(Amendment) Act.
Certain

land added	3 . The land described in Schedule One to this Act is road and shall be and the same is hereby vested in The Municipal Council of Sydney in fee simple as a public way in manner provided by section 76b of the Sydney Corporation Act, 1932-1934, and shall bo deemed to be a part of Parramatta-road.
to Parra-	hereby declared to be and shall henceforth he a public
matta-road.
Certain

part of 4 . The land described in Schedule Two to this Act

Parra-	(being part of the land described in Schedule Three to
vested in
matta-road	the Principal Act) shall cease to he a public road and
University	shall he and the same is hereby vested in the University
of Sydney.	of Sydney its successors and assigns for an estate in fee simple to be held upon the trusts set out in section nine of the Principal Act.
land to con­
Certain	5 . The land described in Schedule Tliree to this Act the Principal Act) is hereby declared to continue to be a public road vested in The Municipal Council of Sydney in fee simple as a public way in manner provided by section 76b of the Sydney Corporation Act, 1932-1934, and shall be deemed to he a part of Parramatta-road.
tinue to be a	(being part of the land described in Schedule Three to
public road.
Vesting of

certain land 6. The residue of the land described in Schedule Three

in Municipal	to the Principal Act (being the whole of the land in the
Council of	said Schedule Three other than the land described in
Sydney.	Schedules Two and Three to this Act) shall cease to be a public road and shall be and the same is hereby vested in The Municipal Council of Sydney for an estate in fee simple upon the same trusts and with the same powers and subject to the same limitations as if the said residue had formed part of the land described in Schedule One to the Victoria and Eusheutters Bay Parks Act, 1910.
Certain

parts of 7 . The two pieces of land described in Schedule Pour

public roads	to this Act and heretofore forming parts of public roads
closed
and land	are hereby declared to be closed and freed and discharged
vested in	from any rights of the public or any person to the same
Municipal
Council of	as a highway and the same are hereby vested in The
Sydney.	Municipal Council of Sydney for an estate in fee simple upon the same trusts and with the same powers and sub­ ject to the same limitations as if the said pieces of land had formed part of the land described in Schedule One to the Victoria and Eusheutters Bay Parks Act, 1910.

University and Coliege Lands and Victoria Park 443

(Amendment) Act. No. 33,1937,

8 . The land described in Schedule Five to this Act Cijrtain

(being part of the land described in Schedule One to the Par̂ k land Principal Act) and forming part of Victoria Park is to be part hereby declared to bo and shall henceforth be a public âftr-road.

road and shall be and the same is hereby vested in The Municipal Council of Sydney in fee simple as a public way in manner provided by section 76b of the Sydney Corporation Act, 1932-1934, and shall be deemed to bo a part of Parramatta-road.

9 . (1) Where any land described in a Schedule to this iicgistrar-

Act is not under the provisions of the Peal Property

Act, 1900, the Registrar-General shall, upon the applica- cortificatcs

tion of the said University or of the Council in which

the land so described is by virtue of this Act vested,

and upon payment of the fees prescribed, issue to the

said University or to the Council as the case may be

a certificate of title under the Real Property Act, 1900,

in respect of such land without causing any examination

or report to be made as to the title of the land and with­

out considering such title except so far as may bo neces­

sary to give effect to the provisions of subsection two

of this section.

(2) In dealing with any such application it shall not be necessary to locate the boundaries of the Crown

.

Grant (if any) of the land, but it shall be sufficient if the Registrar-General is satisfied with respect to any certifi­ cate of title proposed to be issued by him in pursuance of this section that the land comprised in the certificate is vested in the applicant.

(3) In any certificate of title issued in pursuance

of this section the land may be described in the terms of

or by reference to this Act. ,

(4) No contribution to the assurance fund shall bo payable upon the issue of any such certificate of title.

SCHEDULES.

444                 University and College Lands and Victoria Park

No. 36,1937. (Amendment) Act.

SCHEDULES.

■ SCHEDULE ONE.

Land now vested in the University of Sydney to he vested in The

Municipal Council of Sydney as Part of Parramatta Road.

A ll that piece or parcel of land situate in the City of Sydney, parish

of Petersham, county of Cumberland, and containing an area of i perch being part of a Grant of 126 acres to the University of Sydney dated 18th day of January 1865 commencing at a XJoint being the inter­ section of the southern building line of Parramatta Hoad with the south western side of a Public Koad 66 feet wide declared in the ‘‘University and College Lands and Victoria Park Act 192-1'’ and bounded thence on the north east by the south western side of that Public Road being the arc of a circle whose length is 12 feet 6i inches whose radius is 20 feet and whose chord lies on the south west of the arc and bears 100 degrees 26 minutes 50 seconds for 12 feet 4i inches to the i)roposed new southern building line of Parramatta Road thence on the south by that i)ro])osed mtw southern building line being lines bearing 266 degrees 2.') minutes 3 seconds for 11 feet 4 , inches and 266 degrees 35 minutes 33 seconds for 41 feet 51 inches resiiectively to the southern building line of Parramatta Road aforesaid and thence on the north by that building line bearing 82 degrees 23 minutes 40 seconds for 40 feet H I inches to the point of commencement.

SCHEDULE TWO.

Land now part of Public Road to he vested in the University of

Sydney fur University purposes.

A ll that piece or parcel of land situate in the City of Sydney, Parish

of Petersham, County of Cumberland, and containing an area of 1 rood 302 perches being part of a Public Road 66 feet wide declared in the “University and College Lands and Victoria Park Act, 1924,” and being also part of the land comprised in Certificate of Title Registered Volume 2230, Folio 207, commencing at a point on the eastern side of that Public Road at its intersection with the proposed new southern building line of Parramatta Road, such point being the south eastern corner of the land described in Schedule Three and bounded thence on the east by the eastern side of that Public Road being a line bearing 192 degrees 2 minutes 42 seconds for 203 feet 2J inches, thence on the south east by the proposed new north western boundary of Victoria Park being lines firstly the arc of a circle whose length is 121 feet 5i inches whose radius is 170 feet and whose chord lies on the north west of the arc and bears 212 degrees 30 minutes 30 seconds for 118 feet 101 inches and secondly the arc of a circle whose length is 71 feet 5J inches whose radius is 100 feet and whose chord lies on the south east of the arc and bears 212

degrees

University and College Lands and Victoria Park 445

(Amendment) Act. No. 36, 1937.

degrees 30 minutes 30 seconds for 69 feet 11 inches to the western side of that Public Eoad, thence on the west by that side of that Public Road being a line bearing 12 degrees 2 minutes 42 seconds for 338 feet 4 inches, thence on the south west by the south western side of that Public Road being the arc of a circle whose length is 25 feet 8S inches whose radius is 20 feet and whose chord lies on the south west of the arc and bears 335 degrees 14 minutes 20 seconds for 23 feet 11J inches to the proposed new southern building line of Parramatta Road aforesaid and thence on the north by that proposed new building line bearing 86 degrees 23 minutes 3 seconds for 83 feet 5J inches to the point of commencement.

SCHEDULE THREE.

Portion of the land described in Schedule Three to the Principa' .̂ Act

to he retained as a Public Road and added to Parramatta Road.

A ll that piece or parcel of land situate in the City of Sydney, Parish

of Petersham, County of Cumberland, and containing an area of 2 perches being part of a Public Road 66 feet wide declared in the “University and College Lands and Victoria Park Act, 1924,” and being also part of the land comprised in Certificate of Title Registered Volume 2230 Folio 207 commencing at a point being the intersection of the south western side of that Public Road with the southern building line of Parramatta Road and bounded thence on the north by that southern line being lines bearing 82 degrees 27 minutes 44 seconds for 58 feet 2« inches and 84 degrees 7 minutes 42 seconds for 30 feet 9.Q inches respectively to the eastern side of that Public Road thence on the east by that eastern side of that Public Eoad being a line bearing 192 degrees 2 minutes 42 seconds for 8 feet lOi inches to the proposed new southern building line of Parramatta Road, thence on the south by that proposed new southern building line bearing 266 degrees 23 minutes 3 seconds for 83 feet 5J inches to the south western side of that Public Eoad and thence on the south west by that side of that Public Road being the arc of a circle whose length is 12 feet 6S inches whose radius is 20 feet and whose chord lies on the south west of the arc and bears 280 degrees 20 minutes 50 seconds for 12 feet 4f inches to the point of commencement.

SCHEDULE

446                University and College Lands and Victoria Park

Ho. 36,1937.	(Amendment) Act.
SCHEDULE FOUE.

Land formerly part of Parramatta Road to he vested in the Municipal

Council of Sydney as part of Victoria Park.

A ll that piece or parcel of land situate in the City of Sydney, Parisli

of Petersham, County of Cumberland, and containing an area of S perch being the land excluded from Parramatta Eoad by Gazette dated 2nd August, 1929, and approved for sale to the Minister for Lands by Gazette dated 20th September, 1929, commencing at a point on the southern building line of Parramatta Eoad at its intersection with the eastern side of a Public Eoad 68 feet wide declared in the ‘‘University and College Lands and Victoria Park Act, 1924,” and bounded thence on the west by the northerly prolongation of the eastern side of that Public Eoad being a line bearing 12 degrees 2

2)iinutes 42 seconds for 5 | inches to the proposed new southern

building line of Parramatta Eoad thence on the north by that ])roposed new building line bearing 83 degrees 2 minutes 41J seconds for 263 feet 11 inches to the southern building line of Parramatta Eoad aforesaid and thence on the south by that building line being lines bearing 262 degrees 3S minutes 36 seconds for 160 feet, 263 degrees 5 minutes 17 seconds for 70 feet l l j inches and 264 degrees 7 minutes 42 seconds for 33 feet IJ inches respectively to the point of commencement.

Land now part of Broadway to he vested in the Municipal Council

of Sydney as part of Victoria Park.

A ll that piece or parcel of land situate in the City of Sydney, Parish

of Petersham, County of Cumberland, and containing an area of 2J perches being part of the land comprised in Certificate of Title Eegistered Volume 2227 Folio 75 and vested in The Municipal Council of Sydney as part of Broadwmy commencing at a point being the easternmost corner of the land described in Schedule Five and bounded thence generally on the south w'cst by part of the south western building line of Broadway being the arc of a circle w'hose length is 142 feet 8i inches whose radius is 86 feet lOJ inches and whose chord lies on the south west of the arc and bears 149 degrees 22 minutes 7 seconds for 127 feet 2 | inches to the north western building line of City Eoad then on the south east by the prolongation north easterly of that building line of City Eoad being a line bearing 19 degrees 53 minutes 42 seconds for 8 feet 5 | inches and thenc« generally on the north east by part of the proposed new south western building line of Broadway being firstly the arc of a circle whose length is 79 feet 9|- inches whose radius is 78 feet inches and whose chord lies on the west of the arc and bears 350 degrees 51 minutes for 76 feet 5 | inches and secondly the arc of a circle whose length i' 63 feet 7 | inches whose radius is 68 feet 3J inches and whose chord lies on the south west of the arc and bears 295 degrees 6 minutes 16 eeconds for 61 feet 4 inches to the point of commencement.

SCHEDULE

Lunacy and Inebriates (Commonwealth Agreement 447

Ratification) Act. no. 36, 1937,

■ SCHEDULE FIVE.

Land now part of Victoria Park to he vested in the Municipal Council

of Sydney as part of Parramatta Eoad and Broadway.

A ll that piece or parcel of land situate in the City of Sydney, Parish

of Petersham, County of Cumberland, and containing an area of easternmost corner of the land firstly described in Schedule Four end bounded thence on the north by the southern building line of Parramatta Eoad bearing 82 degrees 38 minutes 36 seconds for 524 feet and S inch thence on the north cast by part of the south western building line of Proadway being the arc of a circle whose length is 10 feet 81 inches whose radius is 80 feet 101 inches and whose chord lies on the south west of the arc and bears 00 degrees 47 minutes 25 seconds for 10 feet Sg inches to the proposed new south western build­ ing lino of Itroadway thence on part of the south by part of that proposed new building lino being the arc of a circle whose length is 0 feet 4i inches whose radius is 68 feet 3J inches and whose chord lies on the south of the arc and bears 265 degrees 43 minutes 25 seconds for 6 feet 4 | inches and thence on the remainder of the south by the proposed new southern building line of Parramatta Eoad bearing 203 degrees 2 minutes 414 seconds for 533 feet lOJ inches to the point of commencement.

perches being part of the land comprised in Certificate of Title Eegis­

tered Volume 4045 Folio 5 and vested in The Municipal Council of