Brompton Villa, Belize House and Belize Cottage/Store, Great Union Road, St. Helier

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A decision made (03.06.08) to approve a Report and Proposition relating to Brompton Villa, Belize House and Belize Cottage/Store, Great Union Road, St. Helier.

Decision Reference: MD-PH-2008-0039
Decision Summary Title :	Brompton Villa, Great Union Road, St Helier		Date of Decision Summary:	7 May 2008
Decision Summary Author:	Philip Ahier		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 :	Brompton Villa, Belize House and Belize Cottage/Store, Great Union Road, St Helier - Proposed Deed of Arrangement		Date of Written Report:	7 May 2008
Written Report Author:	Philip Ahier		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public.
Subject: 11/951/1-4 Brompton Villa, Belize House and Belize Cottage/Store, Great Union Road, St Helier - Proposed Deed of Arrangement.
Decision(s): The Minister referred to Decision Reference MD-H-2008-0048 and approved a Report and Proposition proposing a boundary deed of arrangement between the Public (Brompton Villa), Hebden Ltd (Belize Cottage/Store) and Mr Christopher Clifford (Belize House) and agreed that it be lodged ‘au Greffe’.
Reason(s) for Decision: Under Standing Order 168, there is no provision for deeds of arrangement and it is therefore necessary for the Minister to seek States’ approval for this minor land transaction. 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.
Resource Implications: Hebden Ltd and/or its predecessor in title will meet the Public’s legal and other fees in connection with drafting, agreeing and passing a deed of arrangement before the Royal Court. There are no financial implications for the States in connection with the transaction, and there are no manpower implications.
Action required: The Greffier of the States to be requested to lodge this draft Report and Proposition for debate by the States. 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 Assistant Minister, Treasurer and Deputy Treasurer.
Signature:		Position: Senator T A Le Sueur (Minister) MD-PH-2008-0039
Date Signed: 03/06/08		Date of Decision (If different from Date Signed):

Brompton Villa, Belize House and Belize Cottage/Store, Great Union Road, St. Helier - proposed Deed of Arrangement

BROMPTON VILLA, BELIZE HOUSE AND BELIZE COTTAGE/STORE,

GREAT UNION ROAD,

ST HELIER

PROPOSED DEED OF ARRANGEMENT

P R O P O S I T I O N

THE STATES are asked to decide whether they are of opinion -

(a) to agree that a deed of arrangement should be passed between the Public as the owner of "Brompton Villa", Mr Christopher Clifford as the owner of “Belize House” and Hebden Limited as the owner of "Belize Cottage and store", Great Union Road, St. Helier (as shown on drawing No. 951/1-4 D1), to agree the boundary between the Public property and the two adjoining private properties, with Hebden Limited and/or its predecessor in title to bear the Public’s costs in connection with passing the contract before the Royal Court; and

(b) to authorise the Attorney General and the Greffier of the States to pass on behalf of the Public the necessary contracts.

MINISTER FOR TREASURY AND RESOURCES

BROMPTON VILLA, BELIZE HOUSE AND BELIZE COTTAGE/STORE,

GREAT UNION ROAD,

ST HELIER

PROPOSED DEED OF ARRANGEMENT

R E P O R T

Brompton Villa, Great Union Road, was purchased by the Public in 1959 and is administered by the Housing Department. It is adjoined partly to the south by Belize House owned by a Mr Christopher Clifford and the remainder to the south by Belize Cottage and store owned by Hebden Ltd.

The deeds for Brompton Villa, Belize House and Belize Cottage/store do not accurately describe the current boundary between the Public property and the two adjoining private properties. It is therefore recommended that the Public enters into a deed of arrangement with Mr Clifford and Hebden Ltd to address this deficiency.

The main items of the proposed arrangement are as follows:

That the northern wall and gable of Belize Cottage/store, and northern wall and gable and the western gable of Belize House towards Brompton Villa are party-owned and that the chimney, parts of the roofs, gutters, downpipes, soffits, facia boards and all other things that overhang or encroach onto any of the three properties can remain as they are presently established, with the Public, Mr Clifford and Hebden Ltd having reciprocal access rights onto their respective properties for maintenance purposes.

That the rainwater flowing from the roofs of Belize Cottage/store and Brompton Villa into the gutters, downpipes and drains established on these properties may continue to drain as at present and each party shall pay its just proportion of the costs of the maintenance of the parts of the roofs laid across the party gables and walls and of the aforementioned gutters, downpipes, soffits, fascia boards and drains where they are used in common.

That in the event that Hebden Ltd and/or Mr Clifford shall cause any damage whatsoever to the property owned by the Public in the area, then Hebden Ltd and/or Mr Clifford shall be liable to the Public for the cost of repair of such damage and shall indemnify the Public against any action or claim relative thereto.

That Hebden Ltd and Mr Clifford undertake to indemnify the Public against all actions or claims arising from, or attributable to, the enjoyment or use by either Hebden Ltd or Mr Clifford of any of the granted rights.

Hebden Ltd and/or its predecessor in title will meet the Public’s legal and other fees in connection with drafting, agreeing and passing a deed of arrangement before the Royal Court to ratify the above-mentioned terms.

There are no financial implications for the States in connection with the transaction, and there are no manpower implications.