Dedication of Land decision
(a) dedicated to the City on registration of a plan of subdivision; or
(b) transferred to the City on registration of a transfer instrument.
Dedication of Land. 11.1 The Developer is to dedicate the Basin 3 and Channel 1 Land to the Council free of cost to the Council for the purposes of water cycle management facilities.
11.2 The Basin 3 and Channel 1 Land is to be dedicated not later than 7 days after the Council notifies the Developer in writing that the Basin 3 and Channel 1 Work is complete or at such earlier time as directed by the Council in writing.
11.3 The Basin 3 and Channel 1 Land is dedicated for the purposes of this Deed when:
11.3.1 a deposited plan is registered in the register of plans held with the Registrar-General that dedicates or creates that land as a public reserve or drainage reserve under the Local Government Xxx 0000, or
11.3.2 the Council is given:
(a) an instrument in registrable form under the Real Property Xxx 0000 duly executed by the Developer as transferor that is effective to transfer the title to the land to the Council when executed by the Council as transferee and registered,
(b) the written consent to the registration of the transfer of any person whose consent is required to that registration, and
(c) a written undertaking from any person holding the certificate of title to the production of the certificate of title for the purposes of registration of the transfer.
11.4 The Developer is to do all things reasonably necessary to enable registration of the instrument of transfer to occur.
11.5 The Developer is to ensure that land dedicated to the Council under this Deed is free of all encumbrances and affectations (whether registered or unregistered and including without limitation any charge or liability for rates, taxes and charges) except as otherwise agreed in writing by the Council.
11.6 If, having used all reasonable endeavours, the Developer cannot ensure that land to be dedicated to the Council under this Deed is free from all encumbrances and affectations, the Developer may request that Council agree to accept the land subject to those encumbrances and affectations, but the Council may withhold its agreement in its absolute discretion.
Dedication of Land decision The Developer must, at its cost, take all steps required to transfer the Transfer Land to the City by the due date specified in clause 1 of Schedule 3. As part of this obligation, the Developer must confirm with the City whether the Transfer Land is to be:
(a) dedicated to the City on registration of a plan of subdivision; or
(b) transferred to the City on registration of a transfer instrument.
Dedication of Land. Developer agrees that, upon demand, it shall grant and convey to the District, without additional consideration, all required easements and rights-of-way in the Property as the District may, from time to time hereafter request, based upon the criteria of utilization for utility purposes related to water, wastewater, I.Q. water, and stormwater.
Dedication of Land.
(a) The Developer must dedicate or cause to be transferred to the Council, at no cost to the Council, the Dedication Land freed and discharged from all estates, interests, trusts, restrictions, dedications, reservations, easements, rights, charges, rates and contracts in, over or in connection with the land, including but not limited to, municipal rates and charges, water rates and land tax.
(b) The Developer must take all steps, prepare all documents and meet all costs required to dedicate the Dedication land including, but not limited to:
(i) removing any encumbrances on the title to the land;
(ii) creating an interest in land in favour of Council if required;
(iii) subdividing the Land to create a separate lot for the Dedication Land;
(iv) preparing and lodging documents for registration;
(v) obtaining the consent of any other parties to the registration of the relevant documents; and
(vi) attending to any requisition relating to any dealing or document lodged for registration.
(c) The obligation to dedicate the Dedication Land will be taken to have been satisfied when the Public Road is dedicated to Council by operation of the registration of a plan of subdivision in accordance with section 9 of the Roads Xxx 0000.
(d) For the avoidance of doubt, all Works required by this agreement on the land to be dedicated under this clause 6.3 must be completed in accordance with clause
Dedication of Land decision
Dedication of Land.
(a) The Developer acknowledges that Council does not own the land on which the Works are to be located and agrees to transfer or dedicate that land to Council in accordance with this agreement.
Dedication of Land.
(a) The Developer must dedicate or cause to be transferred to the Council, at no cost to the Council, the Dedication Land freed and discharged from all estates, interests, trusts, restrictions, dedications, reservations, easements, rights, charges, rates and contracts in, over or in connection with the land, including but not limited to, municipal rates and charges, water rates and land tax.
(b) The Developer must take all steps, prepare all documents and meet all costs required to dedicate the Dedication land including, but not limited to:
(i) removing any encumbrances on the title to the land;
(ii) creating an interest in land in favour of Council if required;
(iii) subdividing the Land to create a separate lot for the Dedication Land;
(iv) preparing and lodging documents for registration;
(v) obtaining the consent of any other parties to the registration of the relevant documents; and
(vi) attending to any requisition relating to any dealing or document lodged for registration.
Dedication of Land. (a) The Developer must dedicate or cause to be transferred to the Council, at no cost to the Council, the Dedication Land in accordance with the timing in Schedule 1 of this agreement. Subject to clause 6.4(b) to clause 6.4(e), the Dedication Land must be freed and discharged from all estates, interests, trusts, restrictions, dedications, reservations, easements, rights, charges, rates and contracts in, over or in connection with the land, including but not limited to, municipal rates and charges, water rates and land tax, except as permitted by Council in writing.
(b) The Dedication Land will be dedicated subject to the existing easements shown in the Easement Plan at Annexure E.
(c) The Developer intends to register new easements as shown on the Easement Plan at Annexure E. The Developer must obtain Council's consent to register an easement. Council may refuse its consent to the registration of the easement by:
(i) informing the Developer within 14 days; and
(ii) must provide reasons as to why Council objects to the registration of the easement.
(d) Easements other than those shown on the Easement Plan at Annexure E may be registered on the Dedication Land, subject to obtaining Council’s agreement as required under Clause 6.3(c).
(e) Council must not unreasonably withhold consent to the registration of an easement, regardless of whether the easement is shown on the Easement Plan at Annexure E.
(f) Without limiting clause 6.4(e), it is not unreasonable for Council to object to the location of an easement if the location will unreasonably obstruct the use or maintenance of any embellishments on the Land.
(g) The obligation to dedicate the Foreshore Park will be taken to have been satisfied when:
(i) either a Certificate of Title is issued by NSW Land and Property Information for the whole of the Public Reserve identifying the Council as the registered proprietor of that land without encumbrances as required by clause 6.4(a) or when the Public Reserve is dedicated to Council by operation of the registration of a plan of subdivision in accordance with section 49 of the Local Government Xxx 0000; and
(ii) the Council has confirmed in writing that the Developer has met its obligations under clause 6.3(a) and 7.4. The Developer is to write to Council to request Council's confirmation as to whether satisfied the Developer has met its obligations under clause 6.3(a) and 7.4 and Council is to provide a written response within 14 days.
(h) The obligation to dedicat...
Dedication of Land. 12.1 A Development Contribution comprising the dedication of land is made for the purposes of this Agreement when the Council is given an instrument in registrable form under the Real Property Xxx 0000 that is effective to transfer title to the land to the Council when registered.
12.2 To allow for the registration of an instrument of transfer referred to in clause 12.1, the Developer is to:
12.2.1 produce to the Land Titles Office the certificate of title to land to be dedicated under this Agreement or a direction allowing the certificate of title to be used for that purpose, and
12.2.2 give to the Council an undertaking to deliver to the Council the certificate of title to the land to be dedicated under this Agreement, if that certificate is released to the Developer by the Land Titles Office.
