1443 - Final Signed Judgement · OPW20/0127

“APPENDIX A”

Easement in gross for access and drainage over the area described as the Easement
Area in the Council’s Decision Notice for Development Application No. RAL/18/0009
(over that part of proposed Lot 1 marked as “Proposed Emt B” on the plan attached
and marked “Appendix B”).

THE GRANTOR HEREBY GRANTS TO THE GRANTEE:

1.

The full and free right at all reasonable times for the Grantee and its members, officers,
agents, servants, employees, contractors and sub-contractors and other persons
authorised by it, to enter into and upon the servient tenement (“Easement Area’) with
or without all necessary vehicles, machinery, plant and equipment for any of the
following purposes:

a. examining, inspecting, testing and monitoring the state and condition of the
Easement Area and any drains, culverts, pipes or otherwise that are installed
within the Easement Area;

b. ascertaining whether the obligations of the Grantor in clause 4 have been duly
performed and fulfilled;

c. subject to clause 5, making good any breach of the obligations of the Grantor
under clause 4, at the cost and expense of the Grantor; and

d. exercising the Grantee’s right under this easement.

AND THE GRANTOR AND GRANTEE MUTUALLY COVENANT AND AGREE as
follows:

The Grantee must give reasonable notice of any intention to enter the Easement Area
to the Grantor or other occupier of the Land, except in cases of emergency or where the
Grantee on reasonable grounds considers that the delay in giving notice is prejudicial to
its responsibilities.

The Grantor shall, unless otherwise agreed in writing by the Grantee, fully and
effectively observe and comply with the following obligations, to the satisfaction of the
Grantee:

a. The Grantor will permit the uninterrupted flow of creek, river and rainwater and
drainage of all kinds, inclusive of stormwater runoff (overland flow) flowing in
concentration, either continuously, intermittently or occasionally, over and along
the surface of the Easement Area (save that this requirement will not oblige the
Grantor to receive additional or altered flows increased or concentrated by
upstream development or re-direction of existing flowpaths);

b. | The Grantor must install and maintain fencing (fencing) as identified on Plan of
Development Option 2 and in accordance with Figure 2 and Figure 3 as prepared
by SLR Consulting (contained in Schedule 1 to this Easement), and the fencing
must include installation of flaps (flaps) as described in Figure 3 prepared by
SLR Consulting. The flaps must be able to come to rest on a level concrete apron;

c. | Save as required for the installation and/or maintenance of the fencing and flaps,
and for the driveway works authorised by Council's Decision Notice issued in
respect of Development Application RAL/18/0009, the Grantor will not, without
the prior written consent of the Grantee:

10