Land and Easement Acquired for the Purposes of Road and Traffic Control (Johnsonville Road) Wellington City Pursuant to sections 20 (1) and 28 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, Wellington, declares that the land described in the First Schedule hereto, is hereby acquired for the purposes of a road and an easement is acquired over those parts of the land described in the Second Schedule hereto, marked ``H'' and ``J'' on S.O. Plan 37357 on terms and conditions set out in the Third Schedule hereto and the said land and easement shall vest in The Wellington City Council on the date of publication hereof in the New Zealand Gazette. First Schedule Wellington Land District Area m Being 12 Part Section 12, Porirua District; marked ``A'' on S.O. Plan 37357. 164 Part Section 12, Plan A/2710; marked ``B'' on S.O. Plan 37357. 45 Part Section 12, Porirua District, D.P. 5918; marked ``C'' on S.O. Plan 37357. 45 Part Lot 2, D.P. 15586; marked ``D'' on S.O. Plan 37357. 57 Part Lot 3, D.P. 15586; marked ``E'' on S.O. Plan 37357. 102 Part Lot 1, D.P. 13516; marked ``F'' on S.O. Plan 37357. 67 Part Section 10, Porirua District; marked ``G'' on S.O. Plan 37357. Second Schedule Wellington Land District Lot 1, D.P. 13516; (C.T. 524/33). Part Section 10, Porirua District; (C.T. 352/232). Third Schedule Woolworths N.Z. (No. 2) Limited (hereinafter called ``Woolworths'') is the registered proprietor of the land described in the Second Schedule (hereinafter called ``the servient land'') and is the grantor and The Wellington City Council (hereinafter called ``the council'') is the grantee of an easement in gross over those parts of the servient land marked ``H'' and ``J'' on S.O. Plan 37357 (hereinafter called ``the easement land'') for the purpose of having situated upon, repairing, renewing, inspecting, maintaining and replacing traffic light(s) including the support for traffic light(s), and the signal detectors, including any alternative future traffic control device situated on the easement land and for carrying out any activities in connection with the enforcing and regulating of traffic rules pursuant to statutory obligations, bylaws and uses ancillary thereto (hereinafter called ``traffic purposes'') on the following terms: 1.0 Woolworths and the Council Covenant and Agree as Follows: 1.1 The council, its employees, agents and contractors may repair, renew, inspect, maintain and replace the traffic light(s) and signal detectors presently situated on the easement land and any alternative future traffic control device. 1.2 The council, its employees, agents and contractors shall have the full, free, uninterrupted and unrestricted right, liberty and privilege to enter with any tools, implements, machinery or equipment upon the easement land or such part thereof as is reasonably necessary in the circumstances and to remain thereon for any reasonable time for traffic purposes. If the council opens up the soil of the easement land to such an extent as may be necessary and reasonable for its purposes, the council will cause as little disturbance as is possible to the surface of the servient land and that surface shall be restored as nearly as possible to its original condition and any other damage done by reason of such operation shall be repaired by the council. 1.3 The cost of any repair and maintenance work shall be borne solely by the council except in circumstances where the damage was caused or contributed to by Woolworths, its agents and contractors. 1.4 Any disputes as to the terms or the interpretation of this easement or the liability of the parties will be determined by an arbitrator under the Arbitration Act 1908 and this clause shall be deemed to be a submission within the meaning of that Act. 2.0 The Council's Agreement: 2.1 Subject to clause 1.3 above, the council shall be responsible for repairing, renewing, inspecting, maintaining and replacing the traffic light(s) and signal detectors situated on the easement land. 2.2 Pursuant to its duties under any relevant Acts, Regulations and Bylaws including the Transport Act 1962 and the Traffic Regulations 1976, the council shall maintain the traffic light(s) and signal detectors to its full operational standards at all times. 2.3 All work carried out pursuant to this easement shall be carried out as expeditiously as possible and shall cause as little damage to the easement land and as little interference with the entrance way to Woolworths, Big Fresh Supermarket situate adjacent thereto, as is reasonably possible. 2.4 At all times at least one way traffic shall be permitted through the easement land. 2.5 Should there be any default by the council in maintaining and repairing the traffic light(s) and signal detectors and such fault shall continue for a period of 2 hours after Woolworths has notified the council and/or the council's contractor of the need for repair then Woolworths may engage another reputable recognised contractor for emergency restoration of the lights and/or signal detectors to the state it was in prior to the need for repair or maintenance. Woolworths shall notify the council when such other contractor has been engaged by Woolworths. 2.6 The cost of the above repair and/or maintenance shall be borne by the council. 2.7 Wherever possible, the council shall give Woolworths reasonable notice prior to the exercising of its rights, pursuant to this easement PROVIDED HOWEVER that in the event of an emergency the council shall have the right to exercise any of its rights herein contained at any time and without any notice. 2.8 Subject to situations of emergency, the council shall reasonably endeavour to conduct maintenance and/or repair works during non peak hours. 2.9 The council covenants to always retain the traffic light(s) for the duration of this easement, subject however to: (a) Circumstances where the traffic light(s) and signal detectors are no longer used by the council as a means of traffic control and where these are replaced by an alternative traffic control device; and (b) Short periods of time where the existing traffic light(s) and all signal detectors are replaced or removed from the easement land for purposes of repair and/or maintenance. 3.0 Woolworths' Covenants: 3.1 Woolworths will not without the written permission of the council: (a) grow or permit to be grown any trees, shrubs or bushes of any description; or (b) erect or permit to be erected any improvements, fixtures or chattels on the easement land which will interfere with the rights granted by this easement and will not at any time hereafter do permit or suffer any act whereby the full free use and enjoyment by the council of the rights and privileges granted pursuant to this easement are interfered with or adversely affected. 3.2 Woolworths will permit the council, its employees, agents and contractors to park their vehicles at the south side of the traffic light(s) and on the servient land whilst the council, its employees, agents and contractors exercise their rights herein contained. 4.0 Revocation of Proclamation and Declaration: 4.1 Woolworths and the council agree that if at any time the traffic light(s) are permanently removed by the council, then unless another alternative traffic control device is contemporaneously substituted, the council shall subject to events which are outside its control, use its best endeavours to revoke the proclamation in part and surrender up to Woolworths its interest in the servient land whether pursuant to section 54 of the Public Works Act 1981, or otherwise and in any event cause the same to be registered within 90 working days following the request of Woolworths to do so. 4.2 Each party shall be responsible for paying its own costs including legal and/or surveyor costs relating to this revocation. Dated at Wellington this 19th day of September 1995. K. L. TURNER, Manager, Lands and Property. (DOSLI Wn. D/O PL 5/20/7)1CL