Existing easement 2

 

 

 

 

Insert type of
Instrument

 

 

 

 

 

 

 

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.