Original source · versioned page text
Attachment G - Detail Survey & Emt B Dealing
NOTES
LEGEND (1) This plan was prepared for the purpose and exclusive use of
Mr MICHAEL CULLEN and their other professional advisers and is
FENCE, GATE, BOLLARD
not to be used for any other purpose or by any other person or
corporation.
O/H ELECTRICITY, LIGHT POLE, POWER POLE
JFP URBAN CONSULTANTS PTY LTD accepts no responsibility for
any loss or damage arising to any person or corporation who may
U/G ELECTRICITY, PIT, BOX, MANHOLE use or rely on this plan in contravention of these terms.
O/H COMMUNICATIONS, POLE (2) The title boundaries shown on this plan are from Identification
survey plan IS310192.
U/G COMMUNICATIONS, PIT, BOX, MANHOLE 1.4m high
Steel Fence Raised (3) The Location of Underground services are in accordance with
KERB AND CHANNEL, SIGN, GULLY TRAP Garden Australian Standard AS5488:2019, Classification of Subsurface
Bed Utility Information (SUI). Services shown hereon have been
SEWER PIPE, MANHOLE
located where possible by field survey. If not able to be so located,
services have been plotted from the records of the relevant
Gate Timber Sleeper
Lawn authorities where available. However, the information shown on
STORM WATER PIPE, FIELD INLET, MANHOLE these records pertinent to services location is indicative only and
Ret. Wall
sometimes inadequate. The exact nature and location of these
WATER MAIN, VALVE, HYDRANT, METER services should be confirmed prior to construction.
GAS MAIN, VALVE, METER
Concrete (4) Prior to any demolition, excavation or construction on the site,
the classification and location of these services should be
Pavers confirmed and the relevant authority should be contacted for
UNIDENTIFIED SERVICE, PIT, MANHOLE
possible location of further underground services and detailed
locations of all services.
INSPECTION OPENING, WITNESS MARKER
(5) Spot heights and contours are representative of the
Wall
TREE topographical terrain at time of survey, 26/04/2022.
TYPE GUM TREE, TRUNK DIAMETER 400mm
HEIGHT 15metres 2 Storey (6) Spot heights are not shown on this plan. Refer to the AutoCAD
Other types: NS = Not specified
Brick drawing for all spot heights and codes in frozen layers: X-RL,
Retaining
Building X-CODE & X-MARK.
(7) Trees shown on this plan have been located only where the
2 Storey trunk diameter at breast height (DBH) is 300mm or greater. Tree
UNDERGROUND UTILITY QUALITY LEVELS Brick types are estimated and tree sizes are approximate only. If
accurate identification of tree types is to be relied upon for any
QUALITY LEVEL A: Highest quality level, positive
Building purpose, then all trees shown will require on site verification by a
Concrete
identification and absolute spatial position in three suitably qualified expert.
dimensions (eg Direct measurement and visible)
QUALITY LEVEL B: Relative subsurface feature (8) These notes form an integral part of this plan. If others use this
location in three dimensions (eg Electronic trace) information, they should be advised of its purpose and limitations.
Wall
QUALITY LEVEL C: Approximate location and
attributes using a combination of existing records and (Awning over Car (9) This plan may not be reproduced unless these notes are
a survey of visible evidence Parking Bays) included.
Ret.
QUALITY LEVEL D: Lowest quality level. Compiled
Path
from any, or a combination of existing records, site 12d Project: S:\M3007\128-132 Gympie Terrace Noosaville \
Block
inspections, anecdotal evidence
12D\DTM 260422\DTM_260422.project
Path
Gate
rete
Contour Interval: 0.25m
Enclosure
Garage
Conc
Garage
Concrete
Bin
Concrete
Driveway Bitumen
4/05/2022 S:\M3007\128-132 GYMPIE TERRACE NOOSAVILLE\AUTOCAD\M3007-01A DETAIL
Concrete Parking &
Driveway Driveway
Timber Sleeper
Ret. Wall
Garden Bed
Block R
et. Wa
ll
TBM
GI Nail in Bitumen
RL =1.356
Concrete
Footpath
SIGN Concrete Footpath PROPERTY DESCRIPTION
LOT 1 ON MCH3881
TBM TBM LOCALITY OF NOOSAVILLE
Screw in Concrete Nail in Kerb
RL =1.280
NOOSA SHIRE
RL =1.253
TOTAL AREA 556m² (Deed)
NORTH: SCALE: ISSUES: TITLE: DETAILS:
JOB NUMBER: PLAN: ISSUE:
N SCALE: @ A3 1:250
BRISBANE - SUNSHINE COAST - CENTRAL QLD PLANNERS 0 2.5 5 7.5 10 12.5 15 17.5
CONTOUR & DETAIL SURVEY M3007
SHEET:
01 A
SCALE 1:250 at (A3) size
URBAN DESIGNERS
SUNSHINE COAST
Tower 1, Level 2, 55 Plaza Parade, SURVEYORS
THIS SCALE SHOWN IS ORIGINAL DRAWING SCALE - (A3 SIZE)
Mr MICHAEL CULLEN 1 OF 1
DO NOT SCALE FROM THIS DRAWING - USE ONLY DIMENSIONS PROVIDED - IF IN DOUBT PLEASE ENQUIRE FILE:
Maroochydore, Qld 4558
P 07 5450 3900 W www.jfp.com.au ENGINEERS
LANDSCAPE ARCHITECTS
SURVEYED SS CHECKED MC DATUM AHD
A
128-132 GYMPIE TERRACE M3007-01A Detail.dwg
C O N S U L T A N T S JFP URBAN CONSULTANTS PTY LTD ACN 050 414 045 ORIGINAL ISSUE 03-05-2022 TLP DATE:
DRAWN TLP APPROVED AJM ORIGIN (BM) PM105735_RL4.577 ISSUE: DETAILS: DATE: INIT: NOOSAVILLE 3rd May 2022
COPYRIGHT © 2022 JFP URBAN CONSULTANTS PTY LTD. THIS DOCUMENT MAY NOT BE COPIED OR TRANSMITTED IN ANY FORM OR BY ANY MEANS IN PART OR IN WHOLE WITHOUT THE WRITTEN CONSENT OF JFP URBAN CONSULTANTS PTY LTD.
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Page 2
720091929 V1 REGISTERED Recorded Date 09/06/2020 11:41 Page 1 of 7 QUEENSLAND TITLES REGISTRY EASEMENT FORM 9 version 4 Land Title Act 1994 and Land Act 1994 Duty Imprint Page 1 of 7 929 Client No: 1051326 — Act 2001 $192.00 ,. | TransactionNo: 5 1 4-1 3-4 94 BE 600 09/06/208 11:41 Duty Paid $0.00 O Exempt 1. Grantor Lodger (Name, address, E-mail & rood conan Lodger Code ~AGN 004-646-487 Dovy Con PORATE FOR REVILLG Commyn ita TITLES SCHEME CARTWRIGHTS LAWYERS PO Box 132 Noosa Heads Q 4567 Telephone: 07 5447 3122 Email: [email protected] Ref: GH:200185 2. Description of Easement/Lot on Plan Servient Tenement (burdened land) EASEMENT B ON SP305586 IN COMMON PROPERTY OF REVILLO COMMUNITY TITLES SCHEME “Dominant Tenement (benefited land) LOT 1 ON CROWN PLAN MCH3881 * not applicable if easement in gross Title Reference 15669226 16550023 3. Interest being burdened Fee simple 5. Grantee Given names Surname/Company name and number #4. Interest being benefited Fee simple # not applicable if easement in gross (include tenancy if more than one) NC OLIVER PROPERTIES PTY LTD ACN 004 546 187 6. Consideration $1.00 Purpose of easement Access 8. Grant/Execution The Grantor for the above consideration grants to the Grantee the easement over the servient tenement for the purpose stated in item 7 and the Grantor and Grantee covenant with each other in terms of: “the attached schedule Witnessing officer must be aware of his/her obligations under section 162 of the Land Title Act 1994 :Signature -full name | Revillo Form 9 Easement B 21.04.2020.dacx © Queensland Titles Registry Pty Ltd 2022 , oy ,ob Execution Date hy NC OLIVER PROPERTIES PTY LTD ACN 004 546 1 by its attorney Christopher Berrett Brinkley pursuant to power of pattgmey 07933353 . hy* neo fe nee Zk or Gnd ov, be 12020 vasssssscrsstsstivnvisiintusinsueninand Reville CTS Grantor’s Signature who states that at the time of signing the Attorney has received no notification of revocation of the Power of Attorney NC OLIVER PROPERTIES PTY LTD ACN 004 546 187 by its attorney Christopher Berrett Brinkley pursuant to power of attorney 707933353 Grantee's Signature who states that at the time of signing the Attorney has received no notification of revocation of the Power of Attorney =
Page 3
QUEENSLAND TITLES REGISTRY SCHEDULE FORM 20 version 2 Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 2 of 7 Title Reference 15669226 and 16550023 Item 8 Grant 1. DEFINITIONS tn this Easement, unless the context otherwise requires: 1.1 Authority includes any State or federal government, any semi or local government, any statutory, public or any other person, authority, instrumentality or body having jurisdiction over the Land or anything in relation to the Land. 1.2 Business Day means a day other than: (a) a Saturday or a Sunday; (b) a public holiday in Queensland; and (c) a day in the period 27 to 31 December (inclusive); 1.3 Claim includes any action, claim, demand or proceeding and all Costs, damages, expenses, liabilities, losses and penalties incurred in connection with it. 1.4 Costs includes any costs, charges, expenses, outgoings, payments or other expenditure of any nature including, where appropriate, legal costs. 1.5 Dominant Tenement means the land described as that in Item 2 of the Form 9. 1.6 Easement means the Form 9 and this Schedule including any schedule or annexure to this Easement. 1.7 Form 9 means the Form 9 attached to and forming part of this Easement. 1.8 Grantee means the party named in Item 5 of the Form 9 and, unless a contrary intention appears, its agents, contractors, employees, invitees, licensees and all persons duly authorised by the Grantee or its successors. 1.9 Grantor means the party named in Item 1 of the Form 9 and, unless a contrary intention appears, its agents, contractors, employees, invitees, licensees and all persons duly authorised by the Grantor or its successors. 1.10 GST has the same meaning as in the GST Law. 1.11. GST Law includes any statute and law that deals with a GST. Any words or expressions used in this Easement that are defined in the GST Law have the same meaning in this Easement. 1.12 GST Rate means the GST rate from time to time provided for in the GST Law. 1.13 Land means, collectively, the Dominant Tenement and the Servient Tenement. 1.14 Laws means all approvals, by-laws, directions, licences, notices, orders, ordinances, permits regulations, requirements and statutes of any Authority. 1.15 Permitted Use means the purpose for which the Grantee may use the Servient Tenement specified in clause 3.1. 1.16 Requirement means any requirement, notice, order or direction received from or given by any Authority. 1.17 Servient Tenement means the land described as that in Item 2 of the Form 9. 1.18 Vehicles means any vehicle for the carriage of goods, persons, plant and equipment.
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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 7
Title Reference 15669226 and 16550023
2. INTERPRETATION
In this Easement, unless the context otherwise requires:
2.1 Reference to:
(a) one gender includes the others;
(b) the singular includes the plural and the plural includes the singular;
{c) a person includes a body corporate;
(d) a party includes the party's executors administrators successors and permitted assigns; and
(e) a statute, regulation or provision of a statute or regulation (Statutory Provision) includes:
{i) that Statutory provision as amended or re-enacted;
(ii) a statute, regulation or provision enacted in replacement of that Statutory Provision; and
(iii) another regulation or other statutory instrument made or issued under that Statutory
Provision.
2.2 Where a word or expression is given a particular meaning, other parts of speech and grammatical
forms of that word or expression have a corresponding meaning.
2.3 Headings are for convenience only and do not form part of this Easement or affect its interpretation.
2.4 If a party consists of more than 1 person, this Easement binds each of them separately and any 2
or more of them jointly.
2.5 An obligation, representation or warranty in favour of more than 1 person is for the benefit of them
separately and jointly.
2.6 A party which is a trustee is bound both personally and in its capacity as a trustee,
3. GRANT OF EASEMENT
3.1 Subject to the provisions of this Easement the Grantor grants the Grantee the non-exclusive right
to use the surface of the Servient Tenement to gain access to and from the Dominant Tenement at
all times of day or night including by the use of Vehicles in common with the Grantor and in
common with the rights of all persons from time to time lawfully using or enjoying the Servient
Tenement under any right to do so conferred by the Grantor.
3.2 The rights of the Grantee under this Easement:
(a) are subject to the Grantor's rights to:
{i) use the Servient Tenement together with other persons lawfully entitled to do so in any
manner which is not inconsistent with the rights of the Grantee under this Easement;
(ii) temporarily restrict the Grantee's right to use the Servient Tenement whilst works are
undertaken thereto providing:
A it gives reasonable notice of such restriction to the Grantee; and
B take all steps reasonably practicable to ensure the restriction occurs for a minimum
period; and
(iti) use signage to regulate the direction and speed of Vehicles using the Servient Tenement;
and
(b) are not exctusive to the Grantee and the Grantor may grant easements, leases and licences over
the Servient Tenement or parts thereof.
4, RISK
The Grantee uses the Servient Tenement at its own risk.
L a
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QUEENSLAND TITLES REGISTRY SCHEDULE FORM 20 version 2
Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 4 of 7
Title Reference 15669226 and 16550023
5. EASEMENT RUNS WITH THE LAND
This Easement runs with the Dominant Tenement and the Servient Tenement and:
5.1 benefits and binds the Grantor and every successor in title of the Servient Tenement; and
5.2 benefits and binds the Grantee and every successor in title of the Dominant Tenement.
6. SUBDIVISION
If the Dominant Tenement is subdivided:
6.1 each of the subdivided parts of the Dominant Tenement will be entitled to the use and benefit of
this Easement; and
6.2 where the Grantee is required to contribute to any Costs under this Easement, the owners of the
subdivided parts of the Dominant Tenement must:
(a) contribute on a proportionate area basis to those Costs; and
(b) observe the obligations of the Grantee under this Easement.
7. GRANTOR'S OBLIGATIONS
The Grantor must not:
7.1 subject to clause 3.2(a)(ii), prevent or unreasonably restrict the Grantee from exercising its rights
under this Easement; or
7.2 park or permit persons to park Vehicles on the Servient Tenement.
8. GRANTEE’S OBLIGATIONS
8.1 The Grantee must:
(a) use the Servient Tenement for the Permitted Use only;
(b) comply with:
(i) all Laws and Requirements pertaining to the Servient Tenement and its use; and
(ii) all reasonable requirements of the Grantor in respect of the Servient Tenement and its
use.
8.2 The Grantee must not:
(a) place anything on the Servient Tenement;
(b) undertake any works on the Servient Tenement;
(c) damage or destroy anything on the Servient Tenement;
(d) create any actual or potential hazard on the Servient Tenement;
(e) do anything to pollute the Servient Tenement; or
(f) do or permit to be done anything that could:
{i) vitiate;
(ii) render void or voidable; or
{iii) increase the rate of premium payable under any insurance policy maintained by the
Grantor in respect of the Servient Tenement.
L _
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QUEENSLAND TITLES REGISTRY SCHEDULE FORM 20 version 2
Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 5 of 7
7
10.
11,
|
Title Reference 15669226 and 16550023
GRANTEE’S INDEMNITIES AND RELEASE
9.1
9.2
The Grantee indemnifies the Grantor against all Claims arising directly or indirectly from:
(a) the Grantee’s use of the Servient Tenement;
(b) any failure by the Grantee to perform its obligations under this Easement;
{c) any works carried out on the Servient Tenement by or on behalf of the Grantee; and
(d) any damage caused to the Servient Tenement by the Grantee.
To the full extent permitted by law, the Grantee releases the Grantor from liability for all Claims in
respect of or arising from:
(a) loss of or damage to any Vehicles or property on the Servient Tenement; and
(b) death of or injury to anyone on the Servient Tenement;
unless the Claim results from the negligence of the Grantor.
REPAIRS AND MAINTENANCE
10.4
10.2
10.3
10.4
10.5
Subject to clauses 10.3 and 10.4, the Grantor must keep the Servient Tenement in good order and
condition.
In effecting any repairs and maintenance to the Servient Tenement under clause 10.1, the Grantor
must use its best endeavours to minimise so far as is possible any interruption to the use of the
Servient Tenement by the Grantee.
Subject to clause 10.4, the Grantor and the Grantee must each pay one half of the Costs of keeping
the Servient Tenement in good order and condition and effecting any repairs and maintenance.
The Grantee must pay its share of these Costs within 5 Business Days after receiving from the
Grantor written evidence of the Costs which will be incurred by the Grantor in effecting repairs and
maintenance to the Servient Tenement.
Any damage to the Servient Tenement caused by a negligent act or omission of the Grantee must
be promptly repaired to the reasonable satisfaction of the Grantor in a proper and workmaniike
manner at the Grantee's cost by properly qualified tradespersons engaged by the Grantee for this
purpose.
If the Grantee does not promptly fulfil its obligations under clause 10.4, the Grantor may have the
damage repaired and recover the Costs thereof from the Grantee as a liquidated debt.
GOODS AND SERVICES TAX
14.1
If GST is imposed on a supply made by a party under or in connection with this Easement
(Supplier), in addition to any consideration payable or provided by the other party (Recipient) for
that supply (GST Exclusive Consideration), the Recipient must pay the Supplier an amount:
(a) calculated by multiplying the GST Exclusive Consideration for the relevant supply by the prevailing
GST Rate; and
(b) at the same time and in the same manner as the GST Exclusive Consideration is paid or provided;
so that the Supplier is in the same financial position after payment of the GST for that supply as it would
have been but for the imposition of the GST.
The Supplier must provide the Recipient with a tax invoice in respect of any payment the Recipient
is required to make under clause 11.1.
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QUEENSLAND TITLES REGISTRY SCHEDULE FORM 20 version 2 Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 6 of 7 Title Reference 15669226 and 16550023 12. DISPUTE RESOLUTION 12.1 If any dispute between the parties arises out of or in connection with this Easement (Dispute) it must be resolved in the manner set out in this clause 12, and a party may not commence court proceedings or arbitration concerning the Dispute untess: (a) the party starting proceedings has complied with this clause 12; (b) the party starting proceedings seeks urgent interlocutory relief; or (c) another party has first started proceedings other than under this clause 12. 12.2 Where a Dispute has arisen, the party claiming that a Dispute has arisen must notify each other party to the Dispute, specifying the nature of the claim (Dispute Notice). 12.3. During the 5 Business Days after the date the Dispute Notice is given each party must: (a) prepare, and exchange with the other parties, a brief statement setting out its own position on the Dispute and its reasons for adopting that position; and (b) give to the other parties any information they may reasonably require to consider the issues relevant to the Dispute. 12.4 Within 5 Business Days after the date the statements are due to be exchanged under clause 12.3, the parties or their duly authorised representatives must meet and use their best endeavours to resolve the Dispute. 12.5 In the absence of agreement between the parties as to the time and venue for the meeting, the meeting must take place at the offices of Queensland Law Society Inc. at 8.30am on the last Business Day of the time period referred to in clause 12.4, 12.6 If: (a) the Dispute is not resolved under clause 12.4 ; or (b) a dispute or difference arises out of or in connection with this Easement, other than a Dispute; it must be determined by an arbitrator who is a barrister of at least 5 years standing under the Commercial Arbitration Act 12017 whose determination will be conclusive. Each party must bear its own Costs incidental to the arbitration. 13. cosTs Each party must pay its own Costs incidental to this Easement but the Grantee must pay: 13.1 the Costs for preparation of the Easement Plan; 13.2 fees for registering this Easement; and 13.3. any duty payable on this Easement. 14, NOTICES 14.1. Notices under this Easement: (a) must be in writing; (b) may be given by: (i) delivering or posting to the other party; or (ii) sending it to the email address of the other party. 14.2 Subject to clause 14.3, a notice given in accordance with clause 14.1(b) will be treated as given: L -
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QUEENSLAND TITLES REGISTRY SCHEDULE FORM 20 Version 2
Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 7 of 7
7
15.
16.
17.
18.
19.
20.
5
Title Reference 15669226 and 16550023
(a) 5 Business Days after posting; and
{b) if sent by email, at the time it is sent.
14.3. Notices given by personal delivery or by email between 5pm on a Business Day ( First Business
Day) and 9am on the next Business Day (Second Business Day) will be treated as given or
delivered at 9am on the Second Business Day.
14.4 If two or more notices are treated as given at the same time under clause 14.3, they will be treated
as given in the order in which they were sent or delivered.
14.5 For the purposes of clause 14.1(b)(ii) the notice may be contained within an email, as an
attachment to an email or located in an electronic repository accessible by the recipient by clicking
a link in an email.
BUSINESS DAYS
If anything is required to be done on a day that is not a Business Day, it must be done instead on the next Business
Day.
FURTHER ACTS
If requested by the other party, each party must, at its own expense, do everything reasonably necessary to give
effect to this Easement
SEVERANCE
If anything in this Easement is or becomes legally ineffective, invalid or unenforceable it will be severed and the
effectiveness, validity or enforceability of the remainder will not be affected
WAIVER
A provision of or a right created under this Easement may not be waived except in writing signed by the party to be
bound.
REGISTRATION
Each party must promptly produce the consent of anyone having an interest in the Dominant Tenement and the
Servient Tenement the to enable registration of this Easement.
GOVERNING LAW AND JURISDICTION
20.1 The law of Queensland governs this Easement.
20.2 The parties submit to the non-exclusive jurisdiction of the courts of Queensland and the Federal
Court of Australia.