Notice is hereby given that the Auckland City Council
("the council"), under the provisions of section 23 of the Public Works Act 1981, proposes to take the interests in land described in the Schedule hereto ("the easements").
The easements are required for a service lane and batter. The intended taking is considered reasonably necessary for reduction in traffic congestion. The land use is in accordance with the designation under the district plan.
The owner of the land and those persons with a registered interest in it have been served with notice of the council's intention to take an interest in their land and their right to object.
Any other person having the right to object may send a written objection to the Registrar, Environment Court, Tribunals Division, Department for Courts, P.O. Box 5027, Wellington, within 20 working days after the date of publication of this notice.
If any objection is made in accordance with this notice, a public hearing will be heard with the right of the objector to appear and be heard personally unless the objector otherwise requires, and each objector will be informed of the time and place of the hearing.
Any person requiring further information in respect of this advice contact James Puketapu, The Property Group Limited, P.O. Box 104, Shortland Street, Auckland. Telephone: (09) 309 8527.
Schedule A
North Auckland Land District
(a) Right of way easement in gross for the purposes of a service lane over the area of land shown as "C" and "D" on S.O. 70696, being part of Lot 130,
D.P. 22848 and Lot 2, D.P. 58927, contained in certificates of title 708/209 and 93C/806, North Auckland Land Registry. Such easement shall contain the rights and powers set out in Schedule B.
(b) Batter easement in gross over the area of land shown as "A" and "B" on S.O. 70696, being part of Lot 130, D.P. 22848 and Lot 2, D.P. 58927, contained in certificates of title 708/209 and 93C/806, North Auckland Land Registry. Such easements shall contain the rights and powers set out in Schedule C.
The easements to be taken are over the land at 143A and 145 Ocean View Road, Oneroa, Waiheke Island.
Schedule B
Right of Way Easement
1. The owner grants to the council as a right of way easement in gross the full, free, uninterrupted and unrestricted right, liberty and privilege for the council, its servants, tenants, agents, workmen, licensees and invitees including the general public (in common with the owner, in tenants and any other person lawfully entitled to do so), from time to time and at all times by day and by night to go, pass and repass, with or without animals of any kind and with or without carriages, vehicles, motor vehicles, machinery and implements of any kind, over and along those parts of the owner's land as marked "C" and "D" on S.O. 70696 ("the easement areas") and to form, construct and maintain a service lane over and along the easement areas.
2. The owner will not:
(a) Place any buildings or erections or plants or allow or suffer to grow any tree or shrub on the easement areas and will not at any time hereafter do, permit or suffer to be done any act whereby the rights, powers and licences and liberties hereby granted to the council may be interfered with or prejudiced in any way.
(b) Alter, reconstruct or change the existing surface levels of the easement areas and will not at any time hereafter do, permit or suffer to be done any act whereby the existing levels of the easement areas are altered in any way except as approved by the council.
For the above purposes, the minimum height clearance to be provided above the surface of the easement areas is 4.5 metres.
3. The council will be responsible for the maintenance and repair of the easement areas to a standard adequate for the use by the public for motor vehicles at its costs at all times.
4. The council will have the reasonable right:
(a) To enter on to the easement areas for the purposes of construction and maintenance of the service lane over and along the easement areas.
(b) To undertake works to enclose parts of the easement areas as pedestrian safety areas and to provide other road facilities including lighting providing that the council first gives the owner reasonable notice of the council's intention to do so.
5. This right of way is not in substitution for and is without prejudice to such statutory rights and authorities as the council may have from time to time in respect of the easement areas.
Schedule C
Batter Easement
1. The owner grants to the council as an easement in gross, an exclusive right at all times to deposit soil and fill and to create and maintain a batter (including a retaining wall) within and over that part of the land marked "A" and "B" on S.O. 70696 ("the easement area").
2. The council may from time to time and at all reasonable times enter upon the owner's land with or without engineers, contractor and workers for the purpose of creating, maintaining and inspecting the batter or any retaining wall or other structure forming part of the batter and to do all things which appear reasonably necessary for its maintenance, support, repair and replacement if required.
3. The council is responsible for the maintenance and repair of the batter including any retaining wall or other structure forming part of the batter at all times, so that it does not become a danger or a nuisance, except to the extent that the maintenance or repair is required as a result of the act or omission or negligence of the owner or the owner's agents, tenants, or licensees, when the owner will bear the cost of the work.
4. The owner covenants with the council that the owner will not place any buildings or structures or carry out any construction or other work on the easement area without the prior written approval of the council. The council will not unreasonably withhold consent to the carrying out of any construction or other work on the easement area where this does not adversely affect the structural integrity of the retaining wall or the support provided by the batter to the adjacent land during and following completion of the relevant works.
5. The rights herein are not in substitution for and are without prejudice to such statutory rights and other authorities as the council may have from time to time in respect of the easement area.
Dated at Auckland this 6th day of November 2001.
B. G. TAYLOR, Principal Administrative Officer, Auckland City Council.
(CPC/1998/1026/A)