Field 424, St. Brelade - deed of sale

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A decision made (31/10/2007) regarding: Deed of Sale 424, St. Brelade between Imhotep Limited and the Public of the Island.

Decision Reference: MD-PH-2007-0084
Decision Summary Title :	DS - Field 424, St Brelade - Sale of land and boundary clarification with Imhotep Limited		Date of Decision Summary:	10 October 2007
Decision Summary Author:	Paul Griffin		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public.
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	WR - Deed of Sale - Field 424, St Brelade between Imhotep Limited and the Public of the Island		Date of Written Report:	10 October 2007
Written Report Author:	Paul Griffin		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: 65/1 Deed of Sale Field 424, St Brelade between Imhotep Limited and the Public of the Island.
Decision(s): 1. The Minister approved, as recommended by Property Holdings, the deed of sale of part of Field 424, St Brelade between Imhotep Limited and the Public of the Island with Mrs Marjorie Ann Key née Ball being party thereto in order to agree the re-definition of the boundary towards the properties Vue des Iles and Eventide. 2. Under Standing Order 168 (1) (a) and 168 (3) the Minister hereby notified the States that he had accepted the recommendation of Property Holdings to agree to the above land transaction. 3. Under Standing Order 168 (5) the Minister hereby authorised the Attorney General and the Greffier to pass any contract which is required to be passed on behalf of the Public. After the expiry of 15 working days following presentation to the States the transaction may be concluded.
Reason(s) for Decision: Under Standing Order 168 (1) (a) and 168 (3) the Minister is required to notify the States of his acceptance of recommendations to dispose, acquire, let or rent land on behalf of the Public of Jersey.
Resource Implications: There are no financial or manpower implications in respect of this decision.
Action required: 1. In accordance with Standing Order 168 (3) this decision must be presented to the States at least 15 working days before the contract is passed. After the expiry of 15 working days following presentation to the States the transaction may be concluded. 2. The Director of Property Holdings is to instruct the Attorney General and the Greffier to pass the necessary contract, and to copy this decision to the Minister, Treasurer and Assistant Treasurer.
Signature: Deputy J A N Le Fondré		Position: (Assistant Minister)
Date Signed:		Date of Decision (If different from Date Signed):

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Field 424, St. Brelade - deed of sale

TREASURY AND RESOURCES DEPARTMENT

PROPERTY HOLDINGS

Property Transaction for Ministerial Decision - Minister for Treasury and Resources

Deed of sale Field 424 St Brelade between Imhotep Limited and the Public of the Island

PG/65/1

Purpose

To seek approval from the Minister for Treasury and Resources in respect of a deed of sale in order to sell a small triangular area of land and re-define the boundary of the Public land know as Field 424 and the boundary towards the property know as Vue des Iles owned by Imhotep Limited, with Mrs Marjorie Ann Key nee Ball being party to the agreement.

Background

On the 10 November 2006 the Assistant Minister approved MD-PH-2006-0095 which related to the sale of a road, the granting of rights and the exchange and counter exchange of land in relation to field 424 St Brelade. Item 1 of the general terms required the parties to clarify all and any boundaries as required. When under taking the survey it was noted that previous boundaries were in the wrong place.

Current Situation

Terms and conditions have been agreed between Property Holdings on behalf of the Public and Imhotep Limited to enter into a deed of sale to sell a small triangle of land, as shown hatched on the attached plan, near the south west corner of the property “Vue des Iles” for a consideration of £10. In addition the parties will redefine the boundary of the footpath and headland retained by the public and the property “Vue des Iles”. The owner of the property “Eventide”, Mrs Marjorie Ann Key nee Ball will also be party to the contract to confirm the boundary stone which is common to all parties.

In addition to the above the Public would have the right to remove the concrete buttress established against the western wall of “Vue des Iles at its own cost. The Public, should it be required in the future, have the right to build up against the said western wall but not seek support there, to replace or relocate the set of steps forming part of the footpath. The public also confirms rights of access to Imhotep Limited in relation to repair and maintenance of the said western wall.

Imhotep Limited will pay its own legal costs in relation to this transaction while the Public will pay its own and those of Mrs Marjorie Ann Key nee Ball.

Recommendation

It is recommended that the Minister for Treasury and Resources approves the terms set out above and authorises a suitable contract to be passed between the Public of the Island, Imhotep Limited and Mrs Marjorie Ann Key nee Ball before the Royal Court.

Written By: Paul Griffin

Signature …………………………

Authorised By: Paul Tucker (Assistant Director Property Holdings)

Signature ………………………… 24 October 2007

1 Under delegated powers approved by the Minister for Treasury and Resources 22 December 2005