Easements in Gross Acquired for Water Reticulation Purposes in Western Bay of Plenty District Pursuant to section 20 of the Public Works Act 1981, and to a delegation from the Minister of Lands, the Assistant District Manager, Department of Survey and Land Information, Hamilton, declares that, an agreement between John Daniel Norton Deverill and Beryl Noelene Enid Deverill, both of Waihi, farmer and his wife, (hereinafter called ``the grantors''), and The Western Bay of Plenty District Council (hereinafter called ``the grantee''), to that effect having been entered into, an easement in gross for the right to convey water as described in the First Schedule hereto, is hereby acquired over the land described in the Third Schedule hereto, and an easement in gross for the right to convey electrical power as described in the Second Schedule hereto is hereby acquired over the land described in the Third Schedule hereto, and further declares that the said easements shall vest in The Western Bay of Plenty District Council on the date of publication hereof in the New Zealand Gazette. First Schedule Description of Right to Convey Water Easement The easement grants the rights and powers implied in and attaching to the right to convey water as set out in clauses 2 and 5 in the Seventh Schedule of the Land Transfer Act 1952, as if the same were fully set out herein. Second Schedule Description of Right to Convey Electrical Power Easement 1. The full, free and unrestricted right, liberty and privilege for the grantee from time to time and at all times hereafter to convey and transmit electric power and energy through, under and along the easement strip by means of an underground cable or cables now or hereafter to be laid and any cable or cables laid in substitution therefor. 2. The grantee by means of its servants, agents, contractors and workmen may enter upon the easement strip at any time by night as well as by day with or without vehicles, plant, equipment and implements for the purposes of inspection, maintenance, installation, repair and/or replacement of the said underground cable or cables or any associated equipment or fittings of the grantee so that the same may at all times be kept in good and efficient working order. 3. The grantee may dig up and excavate the easement strip for all or any of the said purposes provided always that all work shall be carried out expeditiously and on completion the surface of any land affected will forthwith be restored as nearly as possible to its former state and conditions at the sole cost and expense of the grantee. 4. In exercise of the rights hereby granted the grantee will not unduly interfere with any other lawful user of the easement strip and will except in case of emergency give reasonable notice to the grantors of the grantee's intention to carry out any works authorised hereby. 5. That the grantee shall at all times indemnify and keep indemnified the grantors against all liability and possible risk arising out of the grantee's exercise of the rights hereby granted. 6. The grantors will not do nor suffer nor permit to be done any act matter or thing whereby the grantee's rights hereunder or any of the said cables equipment or fittings may be interfered with or affected and in particular the grantors will not place or plant nor permit to be placed or planted on the easement strip any building, structure, tree or shrub save as may be agreed between the grantors and the grantee. 7. In case of any difference or dispute as to any clause matter or thing herein contained or implied or as to the construction thereof or in respect of the rights or liabilities of the parties hereunder the same shall be decided by a single arbitrator should the parties agree upon one otherwise by the arbitration of two disinterested persons one to be appointed by each party or by their umpire chosen by the arbitrators before reference to them of the difference or dispute and if either party shall neglect to appoint an arbitrator or shall appoint an arbitrator who shall refuse to act then the arbitrator appointed by the other party shall proceed to final decision alone and every such arbitration shall be deemed to be a reference to arbitration under the Arbitration Act 1908 and any then subsisting amendment thereto or re-enactment thereof. Third Schedule South Auckland Land District Land Over Which Easements are Acquired All that piece of land situated in Block III, Waihi North Survey District, being part of Lot 2, D.P. S. 31407; as shown marked ``E'' on S.O. Plan 59967, lodged in the office of the Chief Surveyor at Hamilton. Dated at Hamilton this 28th day of June 1995. R. W. BARNABY, Assistant District Manager. (DOSLI Hn. 98/10/0/97)1CL