This deed made the 16th day of November one thousand nine hundred and fifty-nine: Between the Timaru Harbour Board incorporated under
“the Timaru Harbour Board Act 1876” and duly constituted under
“the Harbours Act 1950” (hereinafter called
“the Board”) of the one part: And the Mayor Councillors and Citizens of the City of Timaru a municipal corporation duly constituted under
“the Municipal Corporations Act 1954” (hereinafter called
“the Corporation”) of the other part: Whereas the Board is the owner of certain freehold lands situated within the City of Timaru being part of the land vested in it (inter alia) by
“the Timaru Harbour Board Act 1876 Amendment Act 1881” and shown more particularly as Lots 1, 2 and 3 on the plan annexed hereto and marked
“A” the said Lots 1, 2 and 3 being therein in outline coloured brown green and yellow respectively (which said Lots 1, 2 and 3 are hereinafter called
“the said lands”): And whereas the Board has for many years past leased portions of the said lands and for the purpose of giving to the respective lessees access thereto has formed certain streets through and over the said lands which streets are shown on the said plan and are coloured red thereon: And whereas from time to time questions have arisen between the Board and the Corporation as to the said streets and other matters relating to the said lands: And whereas by deeds dated respectively the 29th day of April 1929 and the 20th day of December 1930 certain of the above questions were resolved upon the terms and conditions therein set out: And whereas further questions have arisen between the Board and the Corporation in connection with the said lands which have now been settled between the parties hereto subject as hereinafter set out: And whereas it is intended that these presents shall supersede and cancel the said deeds of the 29th day of April 1929 and the 20th day of December 1930 which shall as from the date of these presents becoming effective be of no force and effect: Now this deed witnesseth that in consideration of the premises and of the respective covenants and agreements herein entered into: It is covenanted by and between the parties hereto as follows:
2. The Municipal Corporations Act 1954, the Timaru City Bylaws and all other Acts and regulations which apply to privately owned land within the boundaries of the City of Timaru shall (subject as herein provided and to the provisions of the Harbours Act 1950) apply to the said lands and the buildings thereon.
5. The memorandum of lease dated the 1st day of December 1939 between the Board and the Corporation affecting an area of ninety-nine (99) acres one (1) rood seven and five-tenths (7.5) perches more or less comprising part of Caroline Bay shall as from the date of the transfer of the land pursuant to the last preceding clause be surrendered, but the Board will contemporaneously with the said surrender grant to the Corporation a lease of the land shown in the said plan annexed hereto and marked
“B” and therein in outline coloured green on the same terms as the said memorandum of lease dated the 1st day of December 1939 mutatis mutandis: Provided nevertheless that the Council shall use and maintain as part of Caroline Bay such part or parts of that portion of Caroline Bay which lies between the eastern boundary of the land coloured green in outline as aforesaid and the western side of the north mole as shall not be required by the Board from time to time for any purpose.
9. It is hereby covenanted and declared that as railways or railway sidings are not permitted on public streets, the parties hereto will as hereinafter provided take all necessary steps to obtain legislative authority to legalise the railways or railway sidings already laid or constructed or hereafter to be laid or contructed on any of the streets already constructed or hereafter to be constructed on the said lands and to permit or authorise the Board to lay construct maintain operate and alter the position of railways and railway sidings on the said lands: Provided however that the levels of the said railway or railway sidings shall be determined as agreed between the Board the Corporation and the New Zealand Government Railways Department.
16. Where a sewer stormwater drain and water main or any one or more of such services have not been laid in any street, then upon request by the Corporation at any time after dedication of such street, the Board shall arrange for and shall lay those services or such of them as may be required and reinstate the street to its former standard immediately prior to the laying of the said service or services and the Board shall pay the cost of the laying of such services and reinstatement of the said street in default whereof the Corporation may lay such service or services and reinstate such street as aforesaid and recover the cost thereof from the Board: And it is hereby declared that nothing in this clause shall impose any obligation upon the Board in respect of connections from any such sewer stormwater drain or water main to any land owned or leased by the Board.
17. The Board shall maintain in good order and condition to the satisfaction of the Corporation the open natural drains on the Board's southern foreshore where the said drains cross part of the said lands and when the land through which the said drains run shall be subdivided, the Board shall install covered drains to the satisfaction of the Corporation which covered drains shall thereafter become public drains: Provided nevertheless that the Corporation shall be responsible for the outlet to the sea of the drains referred to in this clause whether open or covered.
In witness whereof these presents have been executed the day and year first before written.
The Common Seal of the Timaru Harbour Board was hereunto affixed in the presence of the undersigned by whom this agreement was also executed on the Board's behalf:
W H Hall,
N de V Lawrence,
The Common Seal of the Mayor Councillors and Citizens of the City of Timaru was hereunto affixed pursuant to a resolution of the Timaru City Council passed on the sixteenth day of November 1959 in the presence of:
R E White,
J A Goodwin,