Notice Type
Land Notices
Interests Over Land Acquired in Manukau City Pursuant to section 20 (1) of the Public Works Act 1981, and to a delegation from the Minister of Lands, the Manager, Regional Crown Property Services, Land Information New Zealand at Auckland, declares that, agreements to that effect having been entered into, the easements described in the First Schedule are acquired over the land described in the Second Schedule and the said easements shall vest in The Manukau City Council on the date of publication in the New Zealand Gazette. First Schedule North Auckland Land District 1. The registered proprietors for the time being together with their heirs, successors and assigns (``the grantors''), are the registered proprietors of the land described in the Third Schedule (``the servient land'') and The Manukau City Council (``the grantee'') is the grantee of easements in gross for 1000 years being the drainage easements over the land described in the Second Schedule (``the easement land or areas'') and subject to and together with the additional terms and conditions set out herein. Drainage Easement: (a) The full, free, uninterrupted, and unrestricted right, liberty, and privilege for the grantee and his tenants (in common with the grantor, his tenants, and any person lawfully entitled so to do) from time to time and at all times to drain and discharge water (whether rain, tempest, spring, soakage, or seepage water) in any quantities along the stipulated course (where a course is stipulated) across the land over which the easement is granted or created, together with the additional rights incidental thereto set out in clause B of this Schedule (or, where open drains are provided for, similar rights in regard to those drains, with necessary modifications as are provided for in respect of pipe lines in the additional rights to set out). (b) The full, free, uninterrupted, and unrestricted right, liberty, and privilege for the grantee and his tenants (in common with the grantor, his tenants, and any person lawfully entitled to do so) for the purposes of the easement concerned: a. To use any line of pipes already laid in the stipulated course or any pipe or pipes in replacement or in substitution for all or any of those pipes; b. Where no such line or pipes exists, to lay, place and maintain, or to have laid, placed, and maintained, a line of pipes of a sufficient internal diameter and of suitable material for the purpose under or over the surface (as the parties decide) of the land over which the easement is granted or created and along the line defined for the purpose whether such a line has been so defined; and c. In order to construct or maintain the efficiency of any such pipeline, the full, free, uninterrupted, and unrestricted right, liberty, and privilege for the grantee, his tenants, servants, agents, and workmen, with any tools, implements, machinery, vehicles, or equipment of whatsoever nature necessary for the purpose, to enter upon the land over which the easement is granted or created (or, where only the position of the pipeline is defined in the easement, upon such part of the land of the grantor and by such route as is reasonable in the circumstances) and to remain there for any reasonable time for the purpose of laying, inspecting, cleansing, repairing, maintaining and renewing the pipeline or any part thereof and of opening up the soil of that land to such extent as may be necessary and reasonable in that regard, subject to the condition that as little disturbance as possible is caused to the surface of the land of the grantor and that the surface is restored as nearly as possible to its original condition and any other damage done by reason of the aforesaid operations is repaired. (Additional Rights and Duties) In respect of that part of the land affected by the easement the grantors covenant: 1. Not to build, erect, construct or place any building, structure or filling thereon; and 2. Not to undertake or perform any other work or construction (including the creation of car parking, fencing or landscaping) thereon except as designed, and constructed or performed to the satisfaction of the grantee; and 3. Nor to do or permit any works or allow to remain any circumstances affecting the specific graded invert levels, specific invert levels or profile of the overland flow path constructed thereon. Second Schedule North Auckland Land District Drainage Easement Area: Area m Being 90 Part Lot 17, D.P. 48713; marked ``A'' on plan. 103 Part Lot 11, D.P. 38940; marked ``B'' on plan. 56 Part Lot 15, D.P. 48713; marked ``C'' on plan. 38 Part Lot 1, D.P. 47411; marked ``D'' on plan. 37 Part Lot 14, D.P. 48713; marked ``E'' on plan. 39 Part Lot 2, D.P. 48713; marked ``F'' on plan. 36 Part Lot 13, D.P. 48713; marked ``G'' on plan. 35 Part Lot 3, D.P. 47411; marked ``H'' on plan. 58 Part Lot 12, D.P. 48713; marked ``I'' on plan. 17 Part Lot 4, D.P. 47411; marked ``J'' on plan. 53 Part Lot 5, D.P. 47411; marked ``K'' on plan. 41 Part Lot 11, D.P. 48713; marked ``L'' on plan. 74 Part Lot 13, D.P. 48359; marked ``M'' on plan. 266 Part Lot 15, D.P. 48359; marked ``N'' on plan. Shown marked as above mentioned on S.O. Plan 69136, lodged in the office of the Chief Surveyor at Auckland. Third Schedule North Auckland Land District Area m Being Certificateof Title 690 Lot 17, D.P. 48713 1992/32 918 Lot 11, D.P. 38940 1648/18 710 Lot 15, D.P. 48713 1964/65 685 Lot 1, D.P. 47411 1873/96 690 Lot 14, D.P. 48713 1964/64 723 Lot 2, D.P. 47411 1873/98 665 Lot 13, D.P. 48713 2041/80 708 Lot 3, D.P. 47411 1895/98 791 Lot 12, D.P. 48713 1992/33 779 Lot 4, D.P. 47411 1861/90 865 Lot 5, D.P. 47411 1895/99 718 Lot 11, D.P. 48713 1971/57 1166 Lot 13, D.P. 48359 2C/459 1302 Lot 10, D.P. 48713 and part Lot 15, D.P. 48359 59C/978 and 76D/485 subject to all registered encumbrances at the date of registration in the Land Registry Office at Auckland. Dated at Auckland this 16th day of February 1998. G. A. DAWSON, Manager, Regional Crown Property Services (Auckland). (LINZ Ak. R.O. S.O. 69136)1CL
Publication Date
19 Feb 1998

Notice Number

1998-ln28

Page Number

633