Notice Type
Land Notices
Acquiring an Easement Over Land in Connection With a Limited Access road in the Rodney District 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, an air and light easement in gross over the land described in the Second Schedule, subject to the terms and conditions in the Third Schedule, is acquired in connection with a limited access road and shall vest in the Crown on the date of publication in the New Zealand Gazette. First Schedule North Auckland Land District 3140 square metres, more or less, being Lot 1 on D.P. 153650. All certificate of title No. 91C/699, North Auckland Land Registry. Second Schedule North Auckland Land District 333 square metres, more or less being part Lot 1, D.P. 153650, shown marked ``A'' on S.O. Plan 67442, lodged in the office of the Chief Surveyor at Auckland. Third Schedule North Auckland Land District 1. John David Barrett, painter and decorator and Diane Eileen Barrett, dressmaker, both of Auckland (hereinafter together with their heirs, successors and assigns called the ``owners''), are the registered proprietors of the land described in the First Schedule hereto (the servient tenement) and the Grantors and Her Majesty the Queen (hereinafter together with her heirs, successors and assigns called ``the Crown'') is the grantee for ever of an air and light easement for the purpose of enjoying an unrestricted and unimpeded line of sight in, over and across that part of the servient tenement marked ``A'' on S.O. Plan 67442, from and above a horizontal plane at existing adjacent road level shown as RL 4.00 on Cross Section A-A on the diagram appended hereto and to a horizontal plane 2 metres above the said existing road level shown as RL 6.00 on the said Cross Section. 2. If the aforementioned easement is no longer required, such determination shall be made at the sole discretion of the Crown or her successors, and the Crown will at the request of the owners, release the owners from this easement and surrender any easement registered against the owners certificate of title provided that no compensation shall be payable to the Crown or the owners. Any easement agreed to be surrendered may be partially or fully surrendered by memorandum of transfer or notice published in the New Zealand Gazette in accordance with section 42 (4) of the Public Works Act 1981. 3. The boundaries of the easement shall not be fenced and the owners and occupiers of the land shall have the right to use the same (except for such use as may be reasonably held to interfere with the enjoyment of the Crown and its successors and assigns) but shall not erect, cause, permit or suffer any buildings, structures, objects, shrubs or trees to intrude within the easement area or suffer any act whereby the rights, powers, licences and liberties of the Crown may be interfered with or affected. 4. The Crown shall at its own cost and without cost to the owners have the right of entry after giving reasonable notice where practicable on the said land at any time with or without engineers and workmen and with or without tools and equipment to trim and keep trimmed any over height trees within the line of easement as may be necessary, provided that the owners will not unreasonably withhold consent. Dated at Auckland this 13th day of December 1994. G. A. DAWSON, Manager, Lands and Property. (DOSLI Ak. D.O. 2/6/23)1CL
Publication Date
15 Dec 1994

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