1993-031 Medonte
THE CORPORATION OF THE TOWNSHIP OF MEDONTE
BY-LAW NO. 1993- 3'
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BEING a By-Law to authorize the execution of an Easement
Agreement between The Corporation of the Township of Medonte and
Terrence Dwight Coward and Eileen Maxine Coward.
WHEREAS The Corporation of the Township of Medonte, after
negotiations, now deems it expedient to enter in to an Easement
Agreement for a sight triangle with Terrence Dwight Coward and
Eileen Maxine Coward.
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NOW THEREFORE BE IT ENACTED AS A BY-LAW OF THE CORPORATION OF
THE TOWNSHIP OF MEDONTE AS FOLLOWS:
1. That the Reeve and the Clerk are hereby authorized to execute
on behalf of The Corporation of the Township of Medonte an
Easement Agreement with Terrence Dwight Coward and Eileen
Maxine Coward substantially in the form of the Easement
Agreement attached hereto as Schedule "A".
2. That the said Agreement shall not be executed until such time
as the Clerk of The Corporation of the Township of Medonte has
received from the Municipal Solicitor, a letter confirming
that all of the requirements of the proposed Easement
Agreement and related documents are completed in accordance
with the standards required by the Municipality.
e BY-LAW read a first, second and third time and finally passed this
13th day of December, 1993.
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Transfer/Deed of Land
)YE & DURHAM CO LIMITED
Form No. 970
Fonn 1 - Land Registration Refonn Act, 1984
A
(1) Registry [].
(3) Property
Identifier( s)
Land Tilles 0 1(2) Page 1 of
Block Property
pages
Additional:
See 0
Schedule
(4) Consideration
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TWO------------------------------Dollars $ 2.00
(5) Description This is a: Property Property
Division 0 Consolidation 0
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New Property Identifiers
Part of Lot 17, West side of Penetanguishene Road,
Registered Plan 26IA, Township of Medonte, County of
Simcoe, designated as Part 2 on Plan 5lR-23286 .
Executions
Additional:
See 0
Schedule
Additional:
See 0
Schedule
~ThiS (a) Redescription (b) Schedule for: (7) Interest/Estate Transferred
Document New Easement Additional 1r~~~1Ir>
Contains Plan/Sketch [j Description 0 Parties 0 Other [!I EASEMENT
(8) Transferor( s) The transferor. hereby transfecs the land to the transferee and certifies that the transferor is at least eighteen years old and that
we are spouses o~ one anotner.
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Date of Signature
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Signature(s) : :
! 1993!
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Name(s)
COWARD, Terrence Dwight
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(9) Spouse(s) of Transferor(s) I hereby consent to this transaction
Name(s)
Signature(s)
Date of Signature
Y M D
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(10) Transferor(s) Address
for Service
General Delivery, Hillsdale, Ontario LOL lVO
(11) Transferee(s)
Date of Birth
Y M D
THE CORPORATION OF THE TOWNSHIP OF MEDONTE i j
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(12) Transferee(s) Address
for Service
Moonstone, Ontario LOK lNO
~113) Transferor(s) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 49 of the
Planning Act, 1983. Date of Signature Date of Signature
Y M D ,Y M D
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I I I I S' t I I,
Signature. . . . . . . . . . . . . . . . . . . . . . . . .:. . . . . .:. . . j . . . : Igna ure. . . . . . . . . . . . . . . . . . . . . . . . . . .:. . . . . .:. . . J. . . .
Solicitor for Transferor(s) I have explained the effect of section 49 of the Planning Act, 1983 to the transferor and I have made inquiries of the transferor
..J to determine that this transfer does not contravene that section and based on the information supplied by the transferor, to the best of my knowledge
~ and belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature
g Name and ! Y i M: D
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o Solicitor Signature. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . ." . . ., . . . .
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(14) Solicitor for Tranlferee(s) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records
reveal no contravention as set out in subclause 49 (21a) (c) (ii) of the Planning Act, 1983 and that to the best of my knowledge and belief this
transfer does not contravene section 49 of the Planning Act 1983. I act independently of the solicitor for the transferor(s) and I am an Ontario
solicitor in good standing.
Name and
Address of
Solicitor
Date of Signature
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Signature. . . . . .
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General Delivery
Hillsdale, Ontario
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Cty. Mun. Map: Sub.: Par. :
43 56 000 i 081 ! 10206 i
(17) Document Prepared by:
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GRANT AND TRANSFER OF EASEMENT
THIS INDENTURE made as of the 25th day of November, 1993.
BETWEEN:
TERRENCE DWIGHT COWARD AND
COWARD
hereinafter collectively
"Transferor"
EILEEN MAXINE
called the
OF THE FIRST PART
and
THE CORPORATION OF THE TOWNSHIP OF
MEDONTE
hereinafter called the "Transferee"
OF THE SECOND PART
WHEREAS the Transferor is the registered Owner of the land and
premises, more particularly described in Schedule "A" attached
(hereinafter called "the Tract") and;
WITNESSETH THAT IN CONSIDERATION of the sum of Two Dollars ($2.00)
of lawful money of Canada now paid by the Transferee to the
Transferor, the receipt whereof is hereby acknowledged, the parties
hereto agree as follows:
1. Grant of Easement
The Transferor does hereby grant, convey and transfer unto the
Transferee, its successors and assigns, the exclusive right,
liberty, privilege and easement in, over, along and upon the Tract,
(more particularly described in Schedule "A" attached hereto); to
enter upon the Tract at any time for the purpose of cutting down,
trimming, removing or otherwise dealing with all plants, crops,
weeds, trees, shrubs or brush that may be growing upon or hereafter
grow upon the Tract and to remove therefrom any buildings, fences,
structures or other obstacles that may in any way interfere with a
clear, free and uninterrupted view of the King's Highway No. 93
from the municipal road located between Lots 16 and 17, Plan 26lA,
Township of Medonte, County of Simcoe, as more particularly shown
on Plan 26lA.
2. Right of Ingress and Egress
Together with the right of ingress and egress to, from, in and
over the Tract for i tsel f , its servants, agents, contractors,
sub-contractors with or without vehicles, machinery and equipment
for all purposes, useful or convenient in connection with or
incidental to the exercise and enjoyment of the right, liberty,
privilege and easement herein granted, conveyed and transferred as
and from the date hereof and continuing in perpetuity or until the
Transferee shall execute and deliver a surrender thereof.
3. Terms & Conditions
The aforesaid right, liberty, privilege and easement is herein
granted, conveyed and transferred on the following terms,
stipulations and conditions which are hereby mutually covenanted
and agreed to by and between the Transferee and the Transferor and
such other parties as are designated herein.
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a) Obliqations of Transferor
i) The Transferor covenants and agrees that it will
not place any building, fence, or other structure
upon the Tract nor permit or cause any building,
fence or structure to be placed on the Tract and
will not grow or permit to be grown any crops or
other plants on the Tract that might in any way
interfere with a clear, free and uninterrupted view
of the King's Highway No. 93 from the munic ipal
road located between Lots 16 and 17, Plan 26lA,
Township of Medonte, County of Simcoe, as more
particularly shown on Plan 261A.
ii) This covenant shall run with the land in accordance
with Section 40(10) of the Planning Act, 1983, as
amended, and in the event that the Transferor fails
to keep the Tract clear as required then the
Transferee may do so at the expense of the
Trans feror and recover the expenses incurred by
action or in the like manner as municipal taxes.
b) Transferee's Rights Not To Be Interrupted
The Transferee performing and observing the covenants and
conditions on its part to be observed and performed, shall and may
peaceably hold and enjoy the right, liberty, privilege and easement
herein granted, conveyed and transferred without hindrance,
molestation or interruption on the part of the Transferor or of any
person claiming by, through, under or in trust for the Transferor.
c) Transferor's Title
If it shall appear that at the date hereof the Transferor
is not the sole owner of the Tract, this Indenture shall
nevertheless bind the Transferor to the full extent of his interest
therein, and if he shall later acquire a greater or the entire
interest, this Indenture shall likewise extend to such
after-required interests.
d) Additional Documents
The Transferor will, if so requested by the Transferee,
execute such further and other documents of title and assurances in
respect of the Tract as may be requisite and such documents shall
be prepared at the expense of the Transferee.
e) Notices
All Notices to be given hereunder may be given by registered
letter addressed to:
the Transferee at:
Moonstone, Ontario LOK lNO
the Transferor at:
General Delivery, Hillsdale, Ontario LOL lVO
or such other address as the Transferor and the Transferee may
respectively from time to time designate in writing, and any such
Notice shall be deemed to have been given to and received by the
addressee three (3) days after the mailing thereof, postage prepaid
and registered.
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4. Covenants
a) Running with the Land - The right, liberty, privilege and
easement herein granted, conveyed and transferred, and
the burden herein set forth, shall be of the same force
and effect to all intents and purposes as a covenant
running with the Tract, and each and every part thereof.
5. Successors and Assigns
This Indenture, including all the covenants and conditions
herein contained, shall extend to, be binding upon and enure to the
benefit of each and all of the heirs, executors, administrators,
successors-in- title, and assigns of the parties hereto
respectively and wherever the singular or masculine is used in this
Indenture, it shall be construed as if the plural or the feminine
or the neuter, as the case may be, had been used, where the context
or the Party or Parties hereto so require, and the rest of the
sentence shall be construed as if the grammatical and
terminological changes thereby r~ndered necessary had been made.
IN WITNESS WHEREOF the parties hereto have hereunto set their
hands and seals on the following dates:
(a) By the Transferor on the
(b) By the Transferee on the
day of
day of
, 1993.
, 1993.
SIGNED, SEALED AND DELIVERED
in the presence of:
Witness:
Terrence Dwight Coward
Witness:
Eileen Maxine Coward
THE CORPORATION OF THE TOWNSHIP OF MEDONTE
Per: cL-- 13~
Ian Beard Reeve
Per:
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SCHEDULE "A"
THIS IS SCHEDULE "A" TO THE GRANT AND TRANSFER OF EASEMENT BETWEEN
THE CORPORATION OF THE TOWNSHIP OF MEDONTE AND TERRENCE DWIGHT
COWARD AND EILEEN MAXINE COWARD
LANDS SUBJECT TO EASEMENT - THE TRACT
Part of Lot 17, West side of Penetanguishene Road, registered Plan
261A, Township of Medonte, County of Simcoe, designated as Part 2
on Plan 51R- 23286