Western Australian Consolidated Acts Western Australian Consolidated Acts[Section 2.]
AN AGREEMENT made under seal this 20th day of November, one thousand nine
hundred and fifty-three, BETWEEN HIS EXCELLENCY LIEUTENANT-GENERAL SIR CHARLES
HENRY GAIRDNER, Knight Commander of the Most Distinguished Order of Saint
Michael and Saint George, Companion of the Most Honourable Order of the Bath,
Commander of the Most Excellent Order of the British Empire, Governor in and
over the State of Western Australia and its dependencies in the Commonwealth
of Australia, for and on behalf of the Crown in right of the State Government
of Western Australia (in this agreement called “the State
Government”) of the one part, AND THE CITY OF PERTH, a body corporate
constituted pursuant to the provisions of the Municipal Corporations Act,
1906-1951, having its office and principal place of business at Murray Street,
Perth, in the State of Western Australia (in this agreement with its
successors and assigns called “the City of Perth”) of the other
part.
WHEREAS:
(1) By virtue of the
provisions of the Perth Town Hall Act, 1950 (in this agreement called
“the Act”) it is provided that the parties may execute and carry
into effect an agreement for the purposes set out in section two of the Act
and on such terms and conditions as may be agreed between the parties.
(2) The parties made
and executed an agreement dated the 26th day of March, 1952, which was
published in the Government Gazette dated the 10th day of April, 1952 (in this
agreement called “the principal agreement.”)
(3) Since the passing
of the Act and the publication of the principal agreement it has been
discovered by the parties and it is agreed between them —
(a) That
the land described in the First Schedule to this agreement was inadvertently
omitted from the Fourth Schedule to the Act and consequently omitted from
clauses four and seven of the principal agreement.
(b) That
the land which is required by the City of Perth for widening Wellington Street
and described in the Second Schedule to this agreement was inadvertently
included in the Fourth Schedule to the Act and consequently wrongly included
in clauses four and seven of the principal agreement.
(c) That
when the Kensington Hotel which is erected on portion of Perth Town Lot W85
was resumed by the State on the 16th day of March, 1951, a strip of the said
lot twenty-four feet wide fronting Wellington Street, Perth, which is required
by the City of Perth for the purpose of widening that street was included in
the resumption.
(d) That
the City of Perth will on or before the 30th day of June, 1954, surrender to
Her Majesty the land described in the Third Schedule to this agreement.
(e) That
the State Government will vest in the City of Perth the land described in the
Fourth Schedule to this agreement when the building known as the Kensington
Hotel is demolished or removed.
(4) The parties hereto
desire —
(i)
That the Fourth Schedule of the Act and clauses four and
seven of the principal agreement be amended by including therein the land
described in the First and Third Schedules to this agreement and excluding
therefrom the land described in the Second Schedule to this agreement.
(ii)
That the portions of Perth Town Lot W85 more particularly
described in the Fourth Schedule to this agreement be vested, when the
building known as the Kensington Hotel is demolished or removed, in the City
of Perth for the purpose of widening Wellington Street and for the purpose of
truncating the corner of Wellington and Lord Streets.
(iii)
That this agreement be approved, ratified and confirmed
by Parliament.
NOW THIS AGREEMENT WITNESSETH AND IT IS AGREED:
1. THAT the land described in the First and Third
Schedules hereto shall be deemed to have been included in the Fourth Schedule
of the Act and in clauses 4 and 7 of the principal agreement and that the
Act and the principal agreement shall be read and construed as if such land
had been so included.
2. THAT the land
described in the Second Schedule hereto shall be deemed to have been excluded
from the Fourth Schedule to the Act and from clauses 4 and 7 of the
principal agreement and that the Act and the principal agreement shall be read
and construed as if such land had been so excluded.
3. THAT the whole of the land more particularly
delineated and coloured green and brown in the plan in the Fifth Schedule to
this agreement is deemed to be the land which by force of the Act the City of
Perth shall surrender to Her Majesty.
4. THAT when the building known as the Kensington
Hotel is demolished the State Government shall vest in the City of Perth for
the purpose of widening Wellington Street and for the purpose of truncating
the corner of Wellington and Lord Streets the portions of Perth Town Lot W85
more particularly described in recital 4 (ii) of this agreement.
5. CLAUSE 4 of the principal agreement is varied
by substituting the words “One thousand nine hundred and
fifty-four” for the words “One thousand nine hundred and
fifty-two.”
6. CLAUSE 11 of the principal agreement is varied
by substituting for the word “hereto” the words “to the
Act.”
7. THAT the provisions of this and the principal
agreement may from time to time be varied by agreement in writing between the
parties so long as such variation shall not constitute a material or
substantial alteration of the rights or obligations of either party under this
or the principal agreement.
8. SUBJECT to the variations herein contained and
such other alterations (if any) as may be necessary to make the principal
agreement consistent with these presents the principal agreement shall remain
in force and effect and shall be read and construed and be enforceable as if
the terms of these presents were inserted therein by way of addition or
substitution as the case may be.
9. THAT the State Government shall take the
necessary steps to have this agreement approved, ratified and confirmed by
Parliament and published in the Government Gazette as soon as possible.
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FIRST SCHEDULE
Perth Town Lot W114 being Reserve No. 11417 (Municipal Purposes) and
vested in the city of Perth ( Gazette , 22nd May, 1908).
So much of Perth Town Lot W112 as is coloured green on diagram 5791 and being
the whole of the land comprised in Certificate of Title Volume 812 Folio 153.
Perth Town Lot W112 less portion transferred and being the balance of the land
remaining in Certificate of Title Volume 3 Folio 118.
Perth Town Lot W86 and part of Perth Town Lot W37 being the whole of the land
comprised in deposited diagram 1033 and being the whole of the land comprised
in Certificate of Title Volume 368 Folio 48.
Portion of Perth Town Lot W60 the subject of diagram 3832 and being the whole
of the land comprised in Certificate of Title Volume 577 Folio 88.
Perth Town Lot W66 the subject of diagram 3771 and being the whole of the land
comprised in Certificate of Title Volume 571 Folio 157.
All of which land is that portion of the land coloured green on the plan in
the Fifth Schedule to this agreement which lies North of Moore Street.
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SECOND SCHEDULE
All those pieces of land being portions of Perth Town Lots W81, W82, W83 and
W84 and being those portions between Wellington Street and the building line
declared under the Municipal Corporations Act, 1906-1951, and the City of
Perth Act, 1925 (Government Gazette, 19/7/40) and being portion of the land
comprised respectively in Volume 513/10 Volume 950 Folio 98, Volume 115 Folio
179, Volume 271 Folio 44, Volume 526 Folio 121 to be used by the City of Perth
for the purpose of widening Wellington Street.
Which said portions are more particularly delineated and coloured pink on the
plan in the Fifth Schedule to this agreement.
_______________
THIRD SCHEDULE
Portions of Perth Town Lots W77, W78, W79, W80, W81 being the portion of the
land comprised in Certificate of Title Volume 511 Folio 187, which portion is
more particularly delineated and coloured brown in the plan in the Fifth
Schedule to this agreement.
_______________
FOURTH SCHEDULE
That portion of Perth Town Lot W85 fronting Wellington Street, Perth, being a
strip of land between the Northern boundary of Wellington Street and the
building line declared under the Municipal Corporations Act, 1906-1951, and
the City of Perth Act, 1925 (Government Gazette, 19th July, 1940) also that
portion of Perth Town Lot W85 which is required for the truncation of the
corner of Wellington and Lord Streets. Which portions are more particularly
delineated and coloured yellow on the plan in the Fifth Schedule to this
agreement.
_______________
FIFTH SCHEDULE
(See Map attached.)
_______________
IN WITNESS WHEREOF His Excellency the Governor of the State of Western
Australia and its dependencies for and on behalf of Her Majesty and the
Government of Western Australia has hereunto set his hand and the seal of the
said State and the City of Perth hath hereunto set its seal the day and year
first abovementioned.
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SIGNED by HIS EXCELLENCY LIEUTENANT-GENERAL SIR CHARLES HENRY GAIRDNER, Knight
Commander of the Most Distinguished Order of Saint Michael and Saint George
Companion of the Most Honourable Order of the Bath Commander of the Most
Excellent Order of the British Empire, Governor in and over the State of
Western Australia and its dependencies in the Commonwealth of Australia, and
sealed with the Public Seal of the said State in the presence of — P.L. Sparrow |
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[L.S.] |
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THE COMMON SEAL of the CITY OF PERTH was hereto affixed in the presence
of — J. Totterdell, |
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[L.S.] |
