Notice Type
Land Notices
Sub-Stratum Area in Waikato District Acquired for the Purposes of a Road Subject to Easement Pursuant to sections 20, 28 and 50 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 to that effect having been entered into, the sub-stratum area described in the First Scheduled hereto is hereby acquired for the purposes of a road and shall vest in The Waikato District Council (``the grantor'') on the date of publication hereof in the New Zealand Gazette, subject to the right of way easement (``the easement'') described in the Second Schedule through the said sub-stratum area to be held appurtenant to the land in the Third Schedule. First Schedule South Auckland Land District Sub-stratum area comprising 83 square metres; as shown marked ``H'' on S.O. Plan 60014, lodged in the office of the Chief Surveyor at Hamilton. Second Schedule South Auckland Land District The rights and powers implied in and attaching to a right of way as set out in the Seventh Schedule of the Land Transfer Act 1952, under the heading ``Right of Way'' together with only those rights set out in clauses 2 (a) and 2 (b) of the Ninth Schedule of the Property Law Act 1952, as if the same were fully set out herein and, additionally, with regard to maintenance: (a) the grantee shall bear all the costs of maintenance and repair to the easement unless damage to it is caused by the action or negligence of the grantor, its servants, agents, invitees, workmen or licensees and in those circumstances such damage shall forthwith be repaired and made good by or at the expense of the grantor. (b) In undertaking any of the maintenance or repair rights of the easement the grantee shall not cause the traffic flow across any affected portion of the overlying road to be interrupted unless the prior approval of the grantor is obtained in writing provided however the grantor shall not unreasonably withhold approval for the road to be closed for the purposes of maintenance or repair of the easement. Third Schedule South Auckland Land District 70.3048 hectares, situated in Block XI, Rangiriri Survey District, being Lot 1, D.P. S. 1323, Lot 1, D.P. S. 16165, Lot 1, D.P. S. 16330, Lots 1 and 2, D.P. 23139, Lot 1 and part Lot 2, D.P. 35569, part Lot 2, D.P. 23084, Allotments 16A1 and 16A2A, parts of Allotments 16B, 16C, 17 and 17A and part Allotments 16A, 18A2, 18B and 18C, Pepepe Parish excluding those mines and minerals excluded in Gazette notices S. 635419, S. 555731, S. 544785, H. 053946, H. 104311, S. 578664, H. 153599, H.395367 and S. 513323 and Proclamation S. 635421, ML 15142, ML 17608, ML 18214, ML 15406, ML 10591, ML 17514, S.O. 51592 and S.O. 49293 and being all certificate of title No. 53A/584. Dated at Hamilton this 23rd day of January 1996. R. W. BARNABY, Assistant District Manager. (DOSLI Hn. 8225-05-16)1CL
Publication Date
29 Jan 1996

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