Signed letter of submission to Noosa Council - 19.1.19 · MCU18/0015

QUEENSLAND LAND REGISTRY SCHEDULE / ENLARGED PANEL / FORM 20 version 2

Land Title Act 1994, Land Act 1994 ADDITIONAL PAGE / DECLARATION Page 2 of 6
and Water Act 2000

c

4

Title Reference SURCOGTL

This is the Schedule referred to in Item 8 of Easement dated |e day of Game dey 2008

The Grantor grants to the Grantee the full right and liberty of way and passage of motor vehicles at all times by day or by
night along, over and across the Servient Tenement at the Grantee's will or pleasure for the purpose of entering and
exiting the Dominant Tenement in accordance with the provisions hereof and to hold the rights and liberties granted to the
Grantee as appurtenant to the Dominant Tenement provided the said grant of way and passage shall be in common with
the use of the Servient Tenement by the Grantor and in common with all other persons from time to time lawiully using
the Servient Tenement for the same, or similar purposes.

THE GRANTOR AND THE GRANTEE covenant with one another as follows:-

1.

In this Easement
Grantor includes:-
(a) the Executors, Administrators and assigns of the Grantor,

(b) the Registered Owner for the time being of the Servient Tenement and the land of which it from time to time
forms part.

Grantee includes the Successors and assigns of the Grantee.
Dominant Tenement includes any part of the Dominant Tenement.

Motor Vehicle includes a passenger car, light commercial vehicle and any other vehicle which meets the T44 and
W7 loading in accordance with 92 Austroads Bridge Design Code.

Servient Tenement includes any part of the Servient Tenement.

Where two (2) or more persons comprise the Grantor or the Grantee the terms, conditions, covenants and/or
stipulation’s herein contained or implied shall bind them jointly and severally.

Subject to the provisions hereof the Grantor shall keep and maintain the Servient Tenement in good and trafficable
condition at all times.

The Grantee will not:-

(a) suffer permit or allow any person, animal, vehicle, trolley or other item of any description without limitation so
that same is not restricted to any class or classes or any things, or any obstruction of any kind, to park, stand
or remain in or upon or be used in the Servient Tenement in such a way that it may delay or interfere with the
tights of the other users thereof except as reasonably permitted herein; nor

(b) suffer permit or allow any damage other than fair wear and tear to occur to the Servient Tenement by
overloading careless use, causing or contributing to damage, or otherwise;

(c) suffer permit or allow any use of the Servient Tenement for the purposes granted from the Dominant
Tenement to Viewland Drive at the southern boundary of the Servient Tenement outside the hours of 7 a.m.
and 7.30 p.m. each day, or from the Dominant Tenement to Morwong Drive at the northern boundary of the
Servient Tenement outside the hours of 7.00 p.m. and the following 7.30 a.m., it being acknowledged that
the access rights granted by this easement are restricted to use during those times and that there is no grant
outside those times or (as the case may be) any other or different restriction on such access imposed by the
Sunshine Coast Regional Council or upon the application of the Grantor agreed to by the Sunshine Coast
Regional Council as a condition of its approval for development of the Grantor's land which includes the
Servient Tenement. If there is such a change, the parties agree to execute and register an appropriate
Amendment to be prepared by the Solicitors for the Grantor at the expense of the Grantor;

(d) suffer permit or allow any pedestrian use of the Servient Tenement except to permit the crossing of the
Servient Tenement to connect to public pedestrian rights of way;