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MCU15/0017 - Development Application
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QUEENSLAND LAND REGISTRY SCHEDULE ENLARGED PANEL + FORM 20 version 2
Land Title Act 1994, Land Act 1994 ADDITIONAL PAGE + DECLARATION Page 3 of 6
and Water Act 2000
2c
2A
2B
2B.1
2B.2
2B.3
3.1.
Q:\Matters\2009\0905427\D Accesseasement.12713.D0C
4
Title Reference 50644776 (new Title to issue)
Condition Precedent
This Easement will be of no effect until the Grantor or the Grantee (as the case my be) has obtained the
Approvals.
Grant of Easement - Access
The Grantor grants and transfers to the Grantee an easement of right of way over the Servient Tenement for
the purpose of providing vehicle access on a surfaced accessway on the terms set out in this Easement.
Subject to clause 2B.3, the right of way conferred to the Grantee by clause 2.1 of this Easement:
(i) is granted in common with the rights of the Grantor and all persons duly authorised by the Grantor;
(ii) may be exercised by the Grantee and other persons authorised by the Grantee;
(iii) may be exercised with or without motor vehicles (of whatever nature);
(iv) permits passing and repassing over the Servient Tenement at all times of the day and night; and
This Easement is only for use by conventional and smail cars for access to and from the Dominant
Tenement and excluding its use by commercial vehicles as defined in AS 2890.2-2002 Section 2, to access
the Dominant Tenement.
Grantor's Covenants
The Grantor must:-
{i) subject to clause 3.2, perform all works necessary, at its cost, to construct the surfaced access way
comprising the Servient Tenement as part of the Grantors Development in accordance with the
Approvals;
(ii) subject to clause 3.2, provide, install, maintain, service and repair, at its cost, all signage, signals,
markings and lighting required for the Servient Tenement in accordance with the Approvals;
(iti) subject to clause 3.2, provide, supply and maintain, at its cost, a continuous electrical supply in order
to operate all signals and lighting required for the Servient Tenement;
(iv) not erect any structure or make any improvement upon the Servient Tenement which unreasonably
interferes with the rights granted to the Grantee by this Easement;
(v) not permit or allow any vehicles of any description or any animal or obstruction or other hindrance of
any kind to stand or remain in or upon the Servient Tenement so as to unreasonably interfere with
the rights granted to the Grantee by this Easement;
(vi) maintain and keep in good repair (including, but not limited to, the repair and rectification of any
defects), at its cost, the surface of the Servient Tenement in a good condition;
(vii) not at any time change or alter anything done by the Grantee in the proper exercise of the Grantee's
rights under this Easement;
(viii) | pay the local authority rates, land tax (if any) and all other associated charges imposed on the
Servient Tenement;
(ix) not unreasonably prevent or restrict the Grantee in the exercise of the rights granted by this
Easement; and
(x) not unreasonably obstruct the Grantee's access to the Servient Tenement or unreasonably interfere
with the rights granted to the Grantee by this Easement.
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