MCU14/0106 Appendix M - CT, Survey Plan, Easements and Covenants

 

QUEENSLAND LAND REGISTRY SCHEDULE Form 20 version 2

Land Title Act 1994. Land Act 1994 and Water Act 2000

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1.1

1.2

2.1

3.1

Title Reference

DEFINITIONS AND INTERPRETATIONS

The following definitions and those on the Form 9 apply unless the context requires otherwise.

“Development Approval” means a development approval issued by the Grantor for the
development of the Relevant Area.

“Easement” means this easement including the schedules to it and any later amendments or
variations made by the parties in writing.

“Grantee” means the persons described in Item 5 of the Form 9 and cach of their executors,
successors, servants, agents, tenants, licensees and invitees.

“Grantor” means the persons described in Item 1 of the Form 9 and each of their executors,
successors, servants, agents, tenants, licensees and invitces.

“Relevant Area” means the north-eastern corner of Lot 2 on SP 167978, which includes the
Servient Tenement.

“Open Drainage Channel” means the Grantor's open drainage outict for the purpose of drainage of
water onto the Servient Tenement.

This Easement is governed by Queensland law.

GRANT OF EASEMENT

The Grantor grants to the Grantee a drainage easement, on the following terms to:-

2.1.1 enter the Servient_ Tenement with its contractors and machinery to maintain, repair and
replace the Open Drainage Channel; and

2.1.2. drain water over the Servient Tenement.

GRANTOR’S OBLIGATIONS

The Grantor must:

3.1.1 not unreasonably prevent or restrict the Grantee in the exercise of the rights granted by this
Fasement, unless the Grantor is obliged by law to do so;

3.1.2. not unreasonably obstruct the Grantee’s access to the Servient Tenement or unreasonably
interfere with the rights granted to the Grantee by this Lasement;

3.1.3 subject to Clause 4.1.4, maintain (at its cost) the surface of the Servient Tenement (other
than the Open Drainage Channel) in a good condition;

3.1.4 not without the consent of the Grantce (acting reasonably) at any time change or alter
anything done by the Grantee in the proper exercise of the Grantee’s right under this
Easement, unless the Grantor is obliged by law to do so; and

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