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 Schedule 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 to convey ash 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 119 square metres; as shown marked ``B'' on S.O. Plan 60015, lodged in the office of the Chief Surveyor at Hamilton. Second Schedule South Auckland Land District A right to convey ash easement through the sub-stratum area upon the following terms and conditions: The full, free, uninterrupted, and unrestricted right, liberty, and privilege for the grantee and its assignees, successors in title and its tenants from time to time and at all times to take, convey, and lead ash in a free and unimpeded flow (except when the flow is halted for any reasonable period necessary for essential repairs) and in any quantity from the source of supply or point of entry, as the case may be, and following the stipulated course (where a course is stipulated) across the land over which the easement is granted or created, together with the additional following rights: The full, free, uninterrupted, and unrestricted right, liberty, and privilege for the grantee and its tenants (in common with the grantor, his tenants, and any other person lawfully entitled so to do) for the purposes of the easement concerned and upon the following conditions: (a) to use any line of pipes already laid on 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 of pipes exists, to lay, place, and maintain, or to have laid, placed, or 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 where such a line has been so defined; (c) in order to construct or maintain the efficiency of any such pipe line, the full, free, uninterrupted and unrestricted right, liberty, and privilege for the grantee, its 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 pipe line 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 pipe line 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 to its original condition and any other damage done by reason of the aforesaid operations is repaired; (d) 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 such circumstances such damage shall forthwith be repaired and made good by or at the expense of the grantor; (e) 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