Easement F in Lot 697 - Access and Services · MCU18/0001

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QUEENSLAND TITLES REGISTRY                                       SCHEDULE                                  Form 20 Version 2
Land Title Act 1994, Land Act 1994 and Water Act 2000                                                          Page 2 of 3


                                                        Title Reference [   ]


    1. The Grantor hereby grants to the Grantee his successors in title the occupier or occupiers for the time
       being of the dominant tenement his and their and each of their invitees and guests an Easement for the
       following purposes:

         1.1 The full and free right liberty for himself themselves and their invitees guests servants contractors and
             agents in common with the Grantor and all other persons permitted by the Grantor and with any other
             person or persons to whom a like grant may be made from time to time hereafter at his and their will
             and pleasure to go return pass and repass over the servient tenement with or without animals vehicles
             and things of all kinds whether laden or unladen for all purposes connected with the use and
             enjoyment of the dominant tenement; AND

         1.2 To enter upon the servient tenement to construct and/or erect thereon and therein and/or allow any
             lawful authority to construct and/or erect thereon therein and thereafter lay use to allow to remain
             thereon and therein such sewerage drains water pipes conduits and electric power telephone national
             broadband network lines cables and/or posts as the Grantee shall require for the purpose of passage
             or conveyance of sewerage water electricity telephone and telecommunications power and services to
             the dominant tenement and for the purpose of constructing erecting inspecting cleaning repairing and
             replacement all such pipes conduits lines cables and/or posts the full free and uninterrupted right and
             liberty at all times and from time to time to enter upon and to go pass and repass over and along and
             under the servient tenement or any part thereof with or without engineers surveyors contractors sub-
             contractors workmen employees and supervisors and with or without animals vehicles machinery tools
             and materials of all kinds and for the purposes aforesaid to dig into erect scaffolding upon and to open
             up and break up the soil of the servient tenement or any part or parts thereof and to bring and place in
             and upon the servient tenement or any parts thereof such materials machinery equipment tools and
             articles as may be necessary or incidental to any of the aforesaid purposes herein authorised as shall
             be deemed necessary by the Grantee in his absolute discretion to carry out all or any of the work or
             purposes aforesaid.

    2. The Grantor and the Grantee mutually covenant and agree that –

         2.1 the benefit and the burden of the stipulations to this indenture shall pass with and bind the dominant
             and servient tenements respectively so as to enure and bind all persons deriving title thereto from or
             under the Grantee and the Grantor respectively.

         2.2 The Grantor shall be liable only for such breaches of the covenants on the part of the Grantor herein
             contained as are committed whilst the Grantor is the registered proprietor of the servient tenement;

         2.3 The Grantee shall be liable only for such breaches of the covenants on the part of the Grantee herein
             contained as are committed whilst the Grantee is the registered proprietor of the dominant tenement;

         2.4 The Grantor and the Grantee nor the owners and occupiers for the time being of the servient tenement
             shall allow or permit any obstruction of any kind whatsoever to remain in or upon the said servient
             tenement so as to unnecessarily or unduly delay or interfere with the access or services thereto;

         2.5 That they and each of them will whenever required by the other of them or their or either of their
             successors in title or the person or persons for the time being entitled to the benefit of the easement
             hereby granted at the expense of the person or persons requiring the same execute and do such acts
             deeds assurances and things whatever for more effectual carrying out and confirming this easement
             hereby granted and contained.

         2.6 (a) that the Grantor and the Grantee will maintain and repair the easement area in a proper state of
                 repair;
             (b) that the costs of maintenance and repair will be borne by the Grantor and the Grantee in equal
                 proportions;
             (c) the Grantor and the Grantee and any person duly authorised by the Grantor or the Grantee from
                 time to time may at any time enter the servient tenement for the purpose of performing the
                 covenants in such manner so as to cause as little inconvenience as possible to the Grantor or the
                 owners or occupiers for the time being of the servient tenement; and

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QUEENSLAND TITLES REGISTRY                                       SCHEDULE                                   Form 20 Version 2
Land Title Act 1994, Land Act 1994 and Water Act 2000                                                           Page 3 of 3


                                                        Title Reference [   ]

              (d)   if there is any dispute relating to the need to carry out work under this clause 2.6, the nature of
                    the work, its reasonable cost, or the parties’ contributions to the costs, that dispute shall be
                    determined by a single arbitrator appointed under the Commercial Arbitration Act 2013 whose
                    determination shall be conclusive.

         2.7 (a) Each of the expressions ‘Grantor’ and ‘Grantee’ include that party’s legal personal
                 representatives, successors and assigns;
             (b) Each covenant by two or more persons as a party is made jointly by all and severally by each.
             (c) References to a party include any one or more or all of the persons comprising that party.
             (d) Words denoting a particular gender include all other genders, words denoting the singular
                 number include the plural number and vice versa, and words denoting an individual include a
                 corporation and vice versa.