11 APRIL NEW ZEALAND GAZETTE 1015

retaining wall on the easement land throughout its whole length but not exceeding in height a series of two planes commencing at a height of 4.02 metres above L & S Auckland Datum 1946 (mean sea level.) at the western boundary of the easement and ascending to the point of termination of the first plane at the survey peg 100.55 metres east on the Quay Street boundary and at a height of 6.13 metres above L & S Auckland Datum 1946 (mean sea level.), and the second plane commencing at this point and terminating at the eastern boundary of the easement at the height of 7.74 metres above the L & S Auckland Datum, or the like portion of any wall from time to time erected in substitution for it (or any part of it) as a support for the dominant land.

3.1 Covenants—The mutual covenants set forth hereunder bind the Crown and the council as follows:

3.2 The council shall provide and maintain a proper drain for the conveyance of storm-water off the dominant land;

3.3 The council shall not do or permit to be done anything by which the premises of the Crown shall in any way be rendered unsafe or unsafe and the council shall not extend the retaining wall to any height greater than the height of the existing retaining wall as provided in 2.0 above.

3.4 The council shall repair and make good in proper and workmanlike manner all damage to the buildings on the servient land caused by the erection, repair or maintenance of the retaining wall.

3.5 The Crown may from time to time and at all reasonable times enter upon the dominant land with or without architects or workmen for the purposes of inspecting the retaining wall and to do all things which may appear reasonably necessary for its maintenance, support and repair; and the cost of all work done through the default of the council under the next preceding clause shall be a debt due by the council to the Crown payable by the council upon demand.

3.6 The council shall keep the retaining wall in good repair.

3.7 Nothing herein contained shall prevent the Crown from making excavations on the servient land for the purposes of laying foundations for any buildings which the Crown may in future erect on that land or extensions to the retaining wall (which excavations might but for this proviso be a derogation from the Crown’s own grant); so long as the Crown provides sufficient artificial means of support to the buildings on the servient land and dominant tenement both during the progress and after the completion of any such work.

3.8 In this grant—

“retaining wall” means the existing retaining wall on the easement land.

3.9 All disputes or differences arising between the parties touching the operation of this grant or the construction of it shall in every case be referred to two arbitrators and their umpire in accordance with the provisions of the Arbitration Act 1908.

Third Schedule

North Auckland Land District

Easement Land

135 square metres, being part Lot 5, D.P. 160832; shown marked “E” on S.O. Plan 68240, lodged in the office of the Chief Surveyor at Auckland.

Fourth Schedule

North Auckland Land District

Servient Land

2.9548 hectares, being Lot 5, D.P. 160832. All/balance of certificate of title No. 96C/813, North Auckland Land Registry, subject to consent notice C. 904797.5 and easements to be created, see easement certificate C. 904797.8.

Fifth Schedule

North Auckland Land District

Dominant Land

2.6691 hectares, being legal road (part Quay Street); shown marked “CC” on S.O. Plan 66968, lodged in the office of the Chief Surveyor at Auckland. Part Gazette notice C. 667679.3, North Auckland Land Registry.

Dated at Auckland this 9th day of April 1996.

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

(DOSLI Ak. R.O. RLWY 7221)

ln2389

Land (Excluding Part of the Air Space) Held for Railway Purposes Set Apart for Railway Purposes (Rail Corridor) in Auckland City

Pursuant to sections 49 and 52 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 the land described in the Schedule hereto, to be set apart, excluding the air space from and above a plane commencing at the point “V” 12.99 metres RL above Lands and Survey Auckland Datum 1946 (mean sea level) and terminating at the point “V1” 12.36 metres RL above Lands and Survey Auckland Datum 1946 (m. s. l.) shown as “Section V–V1” on S.O. Plan 68361, and together with the appurtenant drainage easement, intended to be created and set out in easement certificate C. 904797.8, North Auckland Land Registry, for railway purposes (rail corridor).

Schedule

North Auckland Land District

69 square metres, being part Lot 2, D.P. 160832; shown marked “H” on S.O. Plan 68361, lodged in the office of the Chief Surveyor at Auckland.

Dated at Auckland this 9th day of April 1996.

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

(DOSLI Ak. R.O. RLWY 7221)

ln2387

Land (Air Space) Held for Railway Purposes Set Apart for Railway Purposes (Rail Corridor) in Auckland City

Pursuant to sections 49 and 52 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 the air space, from and above a series of planes above the land described in the Schedule hereto, commencing at the point “W” 14.56 metres RL above Lands and Survey Auckland Datum 1946 (mean sea level) on the Ronaanye Street boundary of Lot 3, D.P. 160832 and proceeding as shown on “Section W–W1” on Sheet 2 of S.O. 68361 and terminating at the point “W1” 9.90 metres above Lands and Survey Auckland Datum 1946 (m. s. l.) at the Gladstone Road Bridge, to be set apart, together with the appurtenant drainage easement, intended to be created and set out in easement certificate C. 904797.8, North Auckland Land Registry, for railway purposes (rail corridor).