Attachment 5 - Easement Terms

 

a

FORM 20 Version 1 QUEENSLAND LAND REGISTRY

 

Land Title Act 1994 and Land Act 1994 SCHEDULE
Page 2 of 2
Title Reference
This is the Schedule referred to in Easement dated 147 dayof ™ oy , 1996
It is covenanted between the parties to the above Easement as follows:-
1. That the Grantor will permit the Grantee his executors administrators and assigns and the registered proprietor or

proprietors and the owners or the occupiers for the time being of the Dominant Tenement the Grantee’s tenants servants agents
workmen visitors customers clients lessees licensees and all other persous authorised by the Grantee in common with the Grantor
and all other persons authorised by the Grantee in common with the Grantor:-

12 the full and free right and liberty at all times hereafter by day and by night at the Grantee’s will and pleasure with
or without horses, carriages, motor cars, motor trucks or other vehicles of any description whatsoever for all lawful
purposes connected with the use and enjoyment of the Dominant Tenement for whatever purposes the Dominant
Tenement may from time to time be used and enjoyed to enter leave re-enter go pass repass along through over and
across the Servient Tenement; and

1.2 the full and free right and liberty at all times hereafter and from time to time to have lay construct and thereafter
forever use and maintain repair disconnect and reconnect water drainage sewerage and gas pipes, and electricity
and telephone wires and/or posts and garbage for the more beneficial use and enjoyment of the Dominant Tenement
under or in the case of electricity and telephone wires under or over the surface of the Servient Tenement in order
that any necessary wires pipes drains and sewers may be connected from the Dominant Tenement with the sewer
main or other pipe line or wires beyond the Servient Tenement and for that purpose to have full and free access to
the Servient Tenement for the Grantee and its servants agents workmen and others at all reasonable times
PROVIDED THAT during times of such access the Grantee will take all reasonable care to ensure it minimises as
far as practicable any disturbance to the quiet enjoyment of the owner occupier or occupiers for the time being of
the Dominant Tenement and the Servient Tenement AND PROVIDED FURTHER THAT the Grantee shall repair
or cause to be repaired any damage which may be occasioned to the Dominant Tenement and the Servient
Tenement by the Grantee during the course of the works referred to herein.

2. The Grantor and the Grantee agree that the benefit and burden of this Grant of Easement shall pass with and bind
the Dominant and the Servient Tenements respectively so as to bind all persons deriving title thereto from or under the Grantor
or the Grantee.

3. The Grantor and the Grantee agree that the Grantor ROSEDALE PROPERTY INVESTMENTS PTY LTD shall
only be liable for the breaches of the covenants herein contained as are committed whilst ROSEDALE PROPERTY
INVESTMENTS PTY LTD is the registered proprietor of the Servient Tenement and that the Grantee ROSEDALE PROPERTY
INVESTMENTS PTY LTD shall only be liable for such breaches of the covenants on the part of the Grantee herein contained as
are committed whilst the said ROSEDALE PROPERTY INVESTMENTS PTY LTD is the registered proprietor of the Dominant
Tenement.

4, The Grantee shall not be liable for any contributions to local authority rates or charges assessed and payable from
time to time by the Grantor in respect of the Servient Tenement.

3. Each of the expressions "Grantor" and "Grantee" include that party’s legal personal representatives successors and
assigns.

HENNING\EASEMENT.RPL