1312

Schedule

North Auckland Land District

6475 square metres, being Section H, Allotment 67, Parish of Mahurangi. Balance of certificate of title 527/73.

Dated at Auckland this 14th day of May 1993.

G. A. DAWSON, Manager, Lands and Property.

(DOSLI Ak. D.O. 23/93/0/1)

In4107

Land and Interests Over Land Acquired for the Te Atatu Central Pumping Station No. 55 in Waitakere City

Pursuant to section 20 (1) of the Public Works Act 1981, and to a delegation from the Minister of Lands, the Manager, Lands and Property, Department of Survey and Land Information, Auckland, declares that, an agreement to that effect having been entered into,

(a) The land described in the First Schedule, and

(b) The easements in gross described in the Second Schedule, over the land described in the Third and Fourth Schedules,

are acquired for sanitary works (sewage pumping station site), and the said land and easements shall vest in The Auckland Regional Council on the date of publication of this declaration in the Gazette.

First Schedule

North Auckland Land District

530 square metres, being part Lot 3, D.P. 370; shown marked “A” on S.O. Plan 66352, lodged in the office of the Chief Surveyor at Auckland.

Second Schedule

North Auckland Land District

(Easements)

The Waitakere City Council together with its successors and assigns (hereinafter called “the owner”) is the registered proprietor of the land described in Fifth Schedule (hereinafter called “the servient land”) and is the grantor and The Auckland Regional Council (hereinafter called “the council”) is the grantee of easements in gross and in perpetuity being:

(a) A 6.0 metre wide sewage rising main easement over that portion of the servient land described in the Third Schedule (hereinafter called “the easement land”) with the right to convey and lead sewage and waste water upon the terms set out in the fourth and fifth paragraphs to the Seventh Schedule to the Land Transfer Act 1952, and as modified by the additional terms and conditions set out in the Schedule hereto,

(b) A 6.0 metre wide right of way easement over that portion of the servient land described in the Fourth Schedule (hereinafter called “the accessway”) for the purpose of providing access to the pumping station over and across the accessway and generally on those terms specified in the Seventh Schedule of the Land Transfer Act 1952, and as modified by the additional terms and conditions set out in the Schedule hereto,

(c) A 6.0 metre wide water supply easement over the accessway with the right to convey and lead water within, over, through and across the accessway and generally on those terms specified in the second and fifth paragraphs of the Seventh Schedule to the Land Transfer Act 1952, and as modified by the additional terms and conditions set out in the Schedule hereto, for the purpose of providing a water supply to the pumping station.

NEW ZEALAND GAZETTE

No. 70

Schedule

Additional Terms and Conditions

(1) The term of the easements shall be in perpetuity provided however as from the date upon which subsequent easement shall be created PROVIDED that the council will meet all costs involved in the physical relocation of the said water supply or accessway and will relocate the rising main upon any such request from the owner but only if in the council’s view it is technically feasible to relocate the said rising main AND PROVIDED FURTHER that all costs involved in the provision of the underground electrical supply in excess of the costs incurred to establish such supply by the shortest possible direct route from Te Atatu Road.

(2) The owner shall not at any time on or over the above described easement land and/or accessway without the prior written consent of the council:

(a) place any buildings, erections or fences or permanent improvements of any nature;

(b) do permit or suffer any act whereby the rights, powers, licences and liberties hereby granted to the council may be interfered with or affected; or

(c) do permit or suffer any act whereby the said water supply pipes or sewage rising main may be interfered with or damaged.

(3) Where the terms of these presents require the consent of the council to be obtained in respect of any matter herein referred to, then the council shall not unreasonably or arbitrarily withhold such consent.

(4) The council will:

(a) At all times repair and maintain such sewage rising mains and pipes as may be constructed or laid through or under the easement land and/or the accessway and/or the servient land in pursuance of these presents in a good and efficient state of repair for purposes for which the same are designed and will prevent the same from becoming a nuisance;

(b) Cause as little damage as possible to the surface of the easement land and accessway and repair and make good all damage caused by any such works to fences and drains in upon or around the servient land and accessway;

(c) Construct, form, seal, repair and maintain a road on and across the accessway to the extent of the council’s requirements and to an acceptable standard commensurate with the owner’s subdivisional requirements to enable it to maintain the full intended use of the accessway or where the need for such maintenance or repair is directly attributable to the use of the accessway by the council. In the event of the owner being responsible for causing damage to the accessway by reason of abnormal or negligent use of the accessway then the owner shall be solely responsible for the cost of repairing such damage.

(5) Nothing herein contained or implied shall be deemed to compel the council to convey water through the said pipes or pump, lead or convey sewage or waste water through the said