COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, July 08, 2013
HEADED ITEM NO. H7(c) (i)
Proposed exchange of lands to regularise boundaries of lands owned by the Council and The Scout Foundation at Watery Lane, Clondalkin.
_______________________________
The Council is owner of a property known as 'Valhalla' Watery Lane, Clondalkin which has recently been developed for voluntary housing purposes. The property, when acquired was an unregistered title and the Council is now arranging to apply for first registration of title.
Following a survey of the site it is noted that two small slivers of land, which are incorporated into the site, are registered to the adjoining landowner, The Scout Foundation. The St. Killian's Unit of the Scouts occupy the Scout building on the adjoining site and it is understood that they built a boundary wall between the two properties several years ago, possibly in the mid 1970's. The wall was constructed in a straight line formation rather than following the more irregular ownership boundary line, thus leaving two small slivers of land physically incorporated into the adjoining property at 'Valhalla'. The Council acquired the 'Valhalla' property some years later in 2000 but these slivers were not included with the title. It has also been noted that two strips of land which are contained within the Scout Building are still registered to the Council as part of lands acquired by the Council in 1963 for housing purposes.
As the 'Valhalla' site is now developed and to avoid creating a 'no mans land' situation, the Council has agreed in principle with representatives of The Scout Foundation to enter into an exchange of lands on a cost neutral basis to regularise each party's title to the lands already in their possession, as outlined above.
Accordingly, I now recommend that the Council dispose of its freehold interest in the two plots of land as shown marked Plot 3 (measuring 0.0427Ha approx. ) and Plot 4(measuring 0.0234Ha approx) on the attached Drawing No. LR/23/13 to The Scout Foundation, in accordance with Section 211 of the Planning and Development Act, 2000 and subject to the provisions of Section 183 of the Local Government Act, 2001 subject to the following terms and conditions:-
- That in exchange for the lands outlined above, the Scout Foundation shall transfer any and all interests held by it in the plots of land shown marked Plot 1 and Plot 2 on attached Drawing No. LR 22/13.
- That each party shall be liable for its own legal fees and any V.A.T., Stamp Duty or other tax and duties which may arise in the transaction.
- That the Council's Law Agent shall draft the necessary legal documents and shall include any further terms he deems appropriate in Agreements of this nature.
4. That no contract enforceable at Law is created or intended to be created until such time as contracts have been exchanged.
5. That the disposal is subject to the necessary approvals and consents being obtained.
The lands being disposed of form part of the lands acquired from Mrs. Bridie Hart in 1963 for housing and road purposes.
D. McLoughlin
County Manager