DATED 2013 THE COUNCIL OF THE CITY OF WAKEFIELD and WAKEFIELD WASTE PFI LIMITED and YORKSHIRE WATER SERVICES LIMITED DEED OF GRANT OF EASEMENT Relating to sewers in land at the former South Kirkby Colliery Wakefield West Yorkshire Ref:NJH/YWS56/612 Stuart D McFarlane Solicitor Head of Legal Services Yorkshire Water Services Limited
CONTENTS 1. Recitals... 1 2. Definitions... 2 3. Rights... 3 4. Covenants... 5 5 YWS Covenants.7 6 Agreements and Declarations.7
H. M. LAND REGISTRY Land Registration Acts 1925 1988 County & District: Title Number: Property: West Yorkshire Wakefield WYK562008 Land at the former South Kirkby Colliery Wakefield Date: PARTIES:- 1. THE COUNCIL OF THE CITY OF WAKEFIELD of County Hall Wakefield WF1 2QW ( the Grantor ) and 2 WAKEFIELD WASTE PFI LIMITED (Company Number 08193325 ) whose Registered Office is at Dunedin House, Aukland Park, Mount Farm, Bletchley, Milton Keynes, Buckinghamshire, MK1 1BU ( the Tenant ) 3. YORKSHIRE WATER SERVICES LIMITED ( Company Number 02366682) whose registered office is at Western House Halifax Road Bradford BD6 2SZ ( YWS ) 1. RECITALS 1.1 The Grantor is registered as Proprietor with absolute title under Title Number WYK562008 of the property situate at the former South Kirkby Colliery shown edged with a broken green line on the Plan ( the Grantor s Property ) 1.2 YWS by virtue of an Appointment made pursuant to the Water Act 1989 is the sewerage undertaker and has agreed with the Council under Section 102 of the Water Industry Act 1991 to adopt the Apparatus defined below lying within the Protected Strip defined below 1
1.3 The Grantor has agreed to grant to YWS such perpetual easements rights powers and privileges in respect of the Protected Strip as are necessary for the purposes of its statutory undertaking 1.4 The Tenant is the tenant of that part of the Grantor s Property shown edged red ( the Premises ) on the Premises Plan pursuant to a Lease dated and made between the Grantor and the Tenant for a term of years 2. DEFINITIONS AND INTERPRETATIONS 2.1 In this Deed (unless the context otherwise requires) the Apparatus means the foul and/or surface water sewers and any accessories thereto as defined by Section 219 of the Water Industry Act 1991 as are within the Protected Strip defined below. the Dominant Tenement means the undertaking of YWS within its area as particularised in YWS s Instrument of Appointment as a sewerage undertaker and taking effect under the Water Act 1989 and the properties and rights forming part thereof the Plan the Premises Plan the Protected Strip means plan R/21/95/19 G and annexed hereto means plan VS305-S and annexed hereto means that strip of land shown on the Plan and thereon coloured yellow and being 6 metres wide and unless the contrary shall be stipulated or be clear from the drawings the Protected Strip shall lie one half to each 2
side of the centre line of the Apparatus. 2.2 In this Deed (unless the context otherwise requires) 2.2.1 the terms "Grantor", YWS and "Tenant " include their respective successors in title 2.2.2 covenants given by a party which comprises more than one person shall be deemed to be made by them jointly and severally 2.2.3 words importing persons include firms companies and bodies corporate and vice versa 2.2.4 words importing the singular include the plural and vice versa 2.2.5 words importing any one gender include either other gender 2.2.6 the headings contents list and front all of which are for reference only and shall not affect construction 2.2.7 references to a clause or schedule are references to the clause of or the schedule to this Deed so numbered 2.2.8 any reference to any statutory provisions shall be deemed to include any subsequent re-enactment or amending provision 2.2.9 an obligation to do something includes and obligation to procure it to be done 2.2.10 an obligation not to do something includes and obligation not to allow it to be done 2.2.11 the obligations in this Deed shall bind the Tenant only in so far as they relate to the Premises 3. RIGHTS Subject to the Grantor and/or the Tenant complying with its obligations under this Deed and to YWS making good so far as is reasonably practicable or paying proper compensation for any damage not made good and to YWS indemnifying the Grantor 3
and/or the Tenant from and against all rates taxes, impositions and outgoings of an annual or recurring nature claims demands proceedings, damages, losses, costs, charges and expenses arising out of the exercise of the Rights the Grantor hereby grants with full title guarantee AND the Tenant hereby confirm unto YWS from the date that the Apparatus is adopted as public the following perpetual rights ( the Rights ) to YWS for the benefit of the Dominant Tenement and each and every part thereof:- 3.1.1 The right of having retaining using inspecting the condition of reconstructing, replacing, relaying, altering, maintaining, cleansing, repairing, conducting and managing the Apparatus in, through, under, over or upon the Protected Strip (being the servient tenement) and having and enjoying the free flow and passage of water with or without other matter through any part of the Apparatus as shall be a pipe; 3.1.2 For the purposes hereof and in particular for the purposes mentioned in clause 3.1.1 hereof (and for similar purposes in relation to any connected length of pipes or works incidental thereto) the right on reasonable prior written notice (except in emergency when no notice is required) at any time and at all times in the day or night time with or without vehicles, plant, machinery, servants, contractors and others and all necessary materials to enter upon and pass and re-pass along the Protected Strip by a route within the same or by such (if any) other convenient route from a public highway as YWS shall with the approval of the Grantor and/or the Tenant (as the case may be) (which shall not be unreasonably withheld or delayed) from time to time require doing and occasioning no unreasonable damage thereto or to the Grantor s adjoining land making good to the reasonable satisfaction of the Grantor and/or the Tenant any damage so caused and causing as little inconvenience or disturbance as possible to the Grantor and/or the Tenant; 3.2 The right of erecting on or near the Protected Strip and maintaining any necessary 4
markers indicating the Protected Strip or the position of the Apparatus Provided the same are not erected in such a position as to unreasonably affect the beneficial use of the Grantor s Property; 3.3 The right in exercising the Rights to make all necessary excavations and to tip soil on land immediately adjoining such excavations as shall be necessary or desirable in relation to the exercise of the Rights subject to levelling out once the excavations are completed and to removing any surplus soil and reinstating the land to the reasonable satisfaction of the Grantor and/or the Tenant PROVIDED THAT YWS shall use all reasonable endeavours to avoid impeding or obstructing any access road on or near the Protected Strip; 3.4 The right to erect necessary temporary fencing or of temporarily severing off such part of the Protected Strip from the adjoining and adjacent land of the Grantor s Property and the Tenant as shall be reasonably necessary and for so long as may be reasonably necessary during the exercise of the Rights but also giving due consideration to all health and safety requirements; 3.5 The right of support for the Apparatus from the subjacent and adjacent land and soil including minerals (if any) of the Grantor and/or the Tenant; 3.6 The right to remove all or any trees growing in the Protected Strip and any walls hedges and fences thereon. 4. COVENANTS The Grantor with the consent and approval of the Tenant hereby given to the intent testified by the Tenant s execution hereof that the obligation of this covenant and the rights of YWS hereunder shall bind the Tenant to the intent that the burden of this covenant may run with the Protected Strip and so as to bind (so far as practicable) the same into whosoever hands the same may come and every part thereof and to benefit and protect the Apparatus and undertaking of YWS and each and every part 5
thereof capable of being so benefited or protected but not so as to render the Grantor and/or the Tenant personally liable for any breach of covenant committed after the Grantor and/or the Tenant has parted with all interest in the land in respect of which such breach shall occur hereby covenant with YWS to observe and perform the following covenants from the date that the Apparatus is adopted as public:- 4.1 Not to use or permit or knowingly suffer to be used the Protected Strip or any land forming part of the Grantor s Property for any purpose that may: - 4.1.1 endanger, injure or damage the Apparatus or render access thereto more difficult or expensive 4.1.2 adversely affect the quality of water or other matter therein or the free flow and passage thereof or means of communication along or through the same. 4.2 Without prejudice to the generality of the foregoing: 4.2.1 not to erect, construct or place any building, wall or other structure or erection or any work of any kind whether permanent or temporary on over upon or under the Protected Strip PROVIDED ALWAYS that this covenant shall not be deemed to prevent the erection of roads, paths, driveways and/or boundary or other fences which are of an easily removable character; 4.2.2 not to withdraw support from the Apparatus or from the Protected Strip 4.2.3 not to undertake or cause or permit to be undertaken any piling or percussive works within the Protected Strip; 4.2.4 not to materially alter the ground levels within the Protected Strip; 4.2.5 not to plant or cause or permit to be planted any trees in the Protected Strip; 4.2.6 not to construct or lay or cause or permit construction or laying of any pipe, duct or cable across the Apparatus at an angle of less than forty five degrees formed by the Apparatus and the, pipe, duct or cable PROVIDED that this prohibition shall not apply to an existing pipe, duct or cable; 6
4.2.7 to advise any subsequent tenant for the time being of the Protected Strip of the existence of the Apparatus and of this Deed and its contents insofar as the same relate to the tenant s occupancy and enjoyment of the Protected Strip Provided Always that the construction of and thereafter the proper use of all or part of the Protected Strip as an access road shall not be a breach of any of the covenants contained in this clause 4 5 YWS COVENANTS YWS hereby covenants with the Grantor and the Tenant to observe and perform the following covenants in relation to the exercise of the Rights:- 5.1 to make good any damage so far as is reasonably practicable or pay proper compensation for any damage not made good; 5.2 to indemnify the Grantor and/or the Tenant in respect of all rates taxes outgoings claims demands proceedings damages losses costs charges and expenses save any arising through the act or default of the Grantor and/or the Tenant 6. AGREEMENTS AND DECLARATIONS 6.1 If the Apparatus is not adopted as public within 21 years of the date of this Deed (which period shall be the perpetuity period applicable to this Deed) this Deed shall be void 6.2 The parties agree that the provisions of the Contracts (Rights of Third Parties Act) 1999 shall not apply to this Deed 6.4 The Tenant hereby certifies that it consents to this Deed and that the obligation of the covenants and rights in this Deed shall rank in priority to the Lease dated and made between the Grantor and the Tenant for a term of years. 6.5 The Grantor consents to this Deed being noted against the Grantors registered title to the Grantors Property. 7
6.6 On completion of this Deed YWS shall apply the Land Registry to note this Deed and the covenants and rights contained therein against the Grantors registered title to the Grantors Property. 6.7 As soon as possible after completion of this Deed YWS shall give to the Grantor official copies of the registered title to the Grantors Property to show that this Deed has been registered at the Land Registry IN WITNESS whereof the parties hereto have executed this Deed the day and year first before written Executed as a deed (but not delivered ) until the date hereof) by affixing the ) common seal of THE COUNCIL OF ) THE CITY OF WAKEFIELD in the presence of:- ) Executed as a deed (but not delivered ) until the date hereof) by affixing ) the common seal of ) WAKEFIELD WASTE PFI LIMTED ) in the presence of:- ) Director Director/secretary 8
Executed as a deed (but not delivered ) until the date hereof) by affixing ) the common seal of ) YORKSHIRE WATER SERVICES LIMITED ) in the presence of:- ) Director Director/secretary 9