Existing easement 2

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Insert type of
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FORM 33
Queensland
REAL PROPERTY ACT 1861-1985
REAL. PROPERTY REGULATIONS 1986

SCHEDULE

 

This is the Schedule referred to in Easement dated

the wee of Fuee 1994 comprising 2 pages

The Grantor John Ross Lauder and Arlene Joan Lauder and the Grantee
Council of the Shire of Noosa do hereby covenant with cach other in the following
terms:—

1
fa)

Drainage

The Grantor will permit the Grantec its successor and assigns the full and
free right and Jiberty at all times hereafter and from to time to time to
have lay construct and hereafter forever to use and maintain through under
and over the servient tenement drains pipes conduits channels apparatus
and equipment for the purpose of the passage and conveyance of rainwater
and stormwater anu for the purposes aforesaid and for the purpose of
obtaining access to the said drains pipes conduits and channels on and
beyond the servient tenement and for the purpose of changing the size
and number of such drains pipes conduits channels apparatus and
equipment as aforesaid full free and uninterrupte.’ -iy»t and Jibesty at all
times hereafter by day and by night and from time to time to enter uoon
to go pass and repass over along and under the said Ic.d or any vor" oF
paris thereof with or without surveyors engineers servants agents},
contractors sub-contractors workmen and others authorised by the Grantee
and with or without any necessary equipment for the purpose aforesaid
and to dig into erect scaffolding upon and to open and break up the soil
and surface coverings of the said land or any part of parts thereof wilh
such material machinery cquipment tools and articles as may be necessary
or incidental to any of the purposes aforesaid.

The Grantor shall not construct erect or install buildings or other
improvements of a fixed or permanent nature (hereinafter called “fixed
improvements") on or over the servient tenement without the consent of
the Grantee first had and obtaincd in writing AND in the event of a
breach by the Grantor of this covenant the Grantee may in ils absolute
discretion without notice to the Grantor demolish and/or remove any such
fixed improvements and in such cvent the Grantee shall not be liable to
the Grantor for reinstatement restitution damages compensation or ather
for or by virtue of the exercise of ils rights under this covenant AND
FURTHER in the cvent of a breach of this covenant by the Grantor the
Grantor shall indemnify the Grantee against all costs and expenses of any
nature or Kind incurred or expended by the Grantee in carrying out any
work necessitated by or arising out of any breach on the part of the
Grantor of this covenant.

Subject to the condilions and covenants as aforesaid the Grantor may use
the servient tenement and land adjoining the boundaries of the servicnt
tenement for any purpose but only so far as such use shall no. ‘mpede or
obstruct or be inconsistent with the rights of the Grantee.

The costs charges and expenses of and incidental to the preparation of
these presents including stamp duly and registration fees payable thercan
shall be bome and paid by the Grantor.

 

 

 

 

 

 

 

 

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The Grantor shall keep construct and maintain all of the said drains pipes
conduits and channels necessary for its proper passage at its own cost and
expense. The Grantee may at any lime give to the Grantor notice to repair
or keep repaired or construct or maintain any such drains pipes conduits
or channels and the Grantor on receipt of such notice shall promptly at
ils own expenses comply with such notice. {[f the Grantor does not
comply with such notice then the Grantee may at the cost and expense
of the Grantor and its absolute discretion repair or keep repaired or
construct or mai""in any such drains pipes conduiis or charnels and
the Grantee shal on rece*ot G. ey account for such works forthwith pay
(o the Grantee the cost shereof. A certificate by the Grantee to the
Grantor shall be received as conclusive evidence of the amount thereof
which amount shall be payable by the Grantor within fourtecn (14) days
of the date on which such certificate is received by the Grantor.

Sewerage

The Grantor will permit the Grantee its successors and assigns the full
and free right and liberty at all times thereafter and from time to time to
have, lay, construct and thereafter forever to usc and maintain through
and under the servient tenement drains, pipes, conduits and channels for
the purposes of passage or canveyance of sewerage, waste, foul liquids,
night soil and water aid for the purposes aforesaid and for the purpose
of obtaining access to the said dsains, pipes, conduits and channels and
for the purposes of changing the size and number of such drains, pipes,
conduits and channels as aforesaid, full free and unirterrspied right and
liberiy at all times by day and by night and from tun: .o time to enter
upon, to go, pass and repass over, along and under the said jand or anv
. part or parts thercof with or without surveyors, ergincers, servants, ag =
licensees, contractors, sub-contractors, workmen and others authorises
by the Grantee and with or without any necessary equipnicnt for the
purpose aforesaid and to dig into, crect scaffolding upon and to oper and

break up the soil and surface coverings of the said land or any part or
parts thercof, and {o bring and place in and upon the said land or any part
or parts thercof such materials, machinery, equipment, tools and articles
as may be necessary or incidental to any of the purposes aforesaid;

AND the Grantor hereby covenants with the Grantee that the Grantor shall
not build upon or erect any structure or usc the said land in such a way
as to obstruct or interfere with the said pipes and drainage systems and
the proper and effective use thereof by the Grantee.

AND the Grantec hereby covenants with the Grantor that in the event that
it becomes necessary for the Grantee to enter upon the said land for any
of the purposes aforesaid, then the Grantee shall restore the said land to
the same condilion as that existing at the time of entry or as near as
practicable thereto al no cost to the Grantor.

Any notice or demand to be given or made by the Grantee to the Grantor
shall be deemed to be given or served on the Grantor on the business day
in Queensland next following the day on which the Grantee sent to the
Grantor through post a pre~paid envelope addressed to the Grantor at the
address of the scrvient tenement containing such notice or demand.

«he Grantor and the Granice agree that this Easement shail bind their
executors administrators successors in title and assigns.

 

 

 

 

 

 

 

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FORM 35
Queensland

REAL PROPERTY ACT 1861-1985
REAL PROPERTY REGULATIONS 1986

GENERAL CONSENT

 

Item
() Type of Instrument: EASEMENT #63
Dealing number } - Grantor: John Ross Lauder
and Arlene Joan Lauder
-or- } ¢
Names of Parties } Grantee: Council of the Shire of Noosa

Date of instrument:

5841 241
VOL: FOL:

 

(2) __ Title Reference

(3) ‘Ipswich and West Moreton Building Society Deing the Mortgage -:
pursuant to Mortgage registered number L
hereby consent to the registration of the instrament specified in It:.m (1)
above.

(4) SIGNED THIS Mb a DAY OF fiw. 1994
TPSWICH AND WEST MORETON BUILDING SOCIETY BY ITS DULY CONSTITUTED
ATTORNEYS. UNDER POWER OF ATTORNEY NO. J800956F.

Sloned by tpswich and West

  
  
   

    

 

 

   

Moraton Building Socian Li Signed by Ipswich and Wa:
by Its duly gon litutad attorneys Moroton Bullding Sociaty ie
cenneee (.. C : by lis duly ed atiomoy,
RP bate treter ences Party Consenting _.
Rer Rush
n my presence! 4 Kage ek in PUTIVE MANAGER -
: Gustice of the Pea ieiter—
i MARGARET KAY BOYLE if
Full name to be printed) Assoc ssesessersssesseseassncsesssrenessearetccesetsssessenarsonal”

 

 

 

 

 

 

  

 

 

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