1443 - Final Signed Judgement · OPW20/0127

“APPENDIX C”

Easement in gross for access over proposed Lot 2 (over that part of proposed Lot 2

marked as “Proposed Emt A” on “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 to enable access to
easement area xx on proposed Lot 1 for the following purposes of the easement in gross
over proposed Lot 1:
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 that 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:

The Grantor must not at anytime:

(a) facilitate, suffer or permit any damage to any improvements established by the
Grantee upon the Easement Area from time to time; or

(b) restrict or obstruct the Easement Area so as to prevent the Grantee or any of the
Prescribed Persons from having full use of enjoyment of the rights granted under the
Easement by construction of fixed improvements.

All outgoings in respect of the Servient Tenement from time to time must be paid by
the Grantor.

The Grantee is not required to contribute to the cost of maintaining the surface level of
the Easement Area.

The costs, charges and expenses of and incidental to the preparation of these presents,
including stamp duty and registration fees payable thereon, will be paid by the Grantor.

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