2010-157 Easement Agmt - Cheslock DevelopmentsTHE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2010 -157
A By -law to Authorize the Execution of an Easement Agreement
Between
The Corporation of the Township of Oro - Medonte
And Cheslock Developments Inc.
WHEREAS pursuant to Section 11 of the Municipal Act, 2001, S.O. 2001, c.25, as
amended, Council. is empowered to pass by -laws respecting highways;
AND WHEREAS Council of the Township of Oro - Medonte has consented to grant an
easement over Part Lot 22, Concession 5, Oro, Part 33, Registered Plan 51 R- 19930,
for the purpose of residential access to the Cheslock Developments Inc. property, as
noted in Motion No. CW080716 -35;
NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as
follows:
1. That an easement be granted over Part Lot 22, Concession 5, Oro, designated
as Part 33 on Plan 51 R -19930 in form and content as provided herein.
2. That Cheslock Development Inc. be responsible for all costs associated with the
preparation and registration of the Transfer of Easement.
3. That the Mayor and Clerk be authorized to execute the Easement Agreement
between The Corporation of the Township of Oro - Medonte and Cheslock
Developments Inc, said agreement attached hereto as Schedule "A" and forming
part of this by -law.
4. This by -law shall take effect on the final passing thereof.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 8 T " DAY
OF SEPTEMBER, 2010.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
, H.S.
J. DwOfhs Irwin
Schedule "A" to By -law 2010 -157
EASEMENT AGREEMENT
BETWEEN:
THE CORPORATION OF THE
TOWNSHIP OF ORO- MEDONTE
(hereinafter called "the Transferor ")
- and -
CHESLOCK DEVELOPMENTS INC.
(hereinafter called "the Transferee ")
WHEREAS the Transferor is the owner of an unopened Road Allowance described as
Part Lot 22, Concession 5 (Oro), being Part 33 on Plan 51 R- 19930, Township of Oro -
Medonte, County of Simcoe (being the whole of P.I.N. 58550 -0134 (LT), and being the
servient lands (hereinafter called "the Easement Lands ");
AND WHEREAS the Transferee is the owner of the property described as Part Lot 21,
Concession 5 (Oro), Part West Half Lot 22, Concession 5 (Oro), more particularly
described as Part 1 on Plan 51 R- 25110, S/T OR016831, Township of Oro - Medonte,
County of Simcoe (being the whole of P.I.N. 58550 - 0003 (LT) (hereinafter called "the
Dominant Lands ");
AND WHEREAS the Transferee had requested an Easement from the Transferor over
the Easement Lands;
NOW THEREFORE in consideration of the covenants herein contained, and other good
and valuable consideration, the Transferor and the Transferee hereto covenant and
agree as follows:
1. The Transferor hereby transfers to the Transferee the free uninterrupted right
and easement in, on, under, along, upon and through the portion of the
Transferor's lands described above (the "Easement Lands ") for the purpose of
residential access and egress to and from the Dominant Lands for so long as the
use of the Dominant Lands contains no more than one (1) single family
residence.
2. The Transferee acknowledges that the Dominant Lands do not front on an
assumed public road and the Transferor does not, nor is required to maintain or
keep clear the Easement Lands.
�-� 3. The Transferee shall construct the residential access over the Easement Lands
to municipal standards upon the commencement of its user.
4. The Transferor shall in no way be obligated to take over or assume the
Easement Lands as a public Township Road unless and until it has been built in
accordance with Transferor's municipal standards then in force and effect, and
then such assumption shall be at the Transferor's sole discretion.
5. The Transferor shall not be liable for any loss, damage or injury resulting as a
consequence of the Transferor issuing a building permit in respect of the
Dominant Lands.
6. The Transferee shall maintain a policy of liability insurance over the Easement
Lands naming the Transferor as an insured party.
IN WITNESS WHEREOF the Parties hereto have executed this Agreement at the
Township of Oro - Medonte, County of Simcoe, this fa day of Seer, 010 by
their signing officers duly authorized in that regard. °r-1+0 19� Xe
THE CORPORATION OF THE
TOWNSHIP OF ORO- MEDONTE
Per:
.S. Hughes, yor
11b oug s n, Clerk
We have the authority to bind the
corporation.
CHESLOCK DEVELOPMENTS INC.
Per:
Name:
Title
I have the authority to bind the corporation.
LRO # 51 Transfer Easement Receipted as SC872556 on 2010 12 14 at 14:55
The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 1 of 2
Properties
Add Easement
PIN 58550 - 0134. LT Interest/Estate Easement
Description SERVIENT LANDS: PIN 58550-0134 (LT), PCL 21-12 SEC 51-ORO-5; PT LT 22 CON 5
ORO, PT 33 51R19930; ORO-MEDONTE
DOMINANT LANDS: PIN 58550-0003 (LT), PT LT 21 CON 5 ORO;.PT W 1/2 LT 22
CON 5 ORO PT 1, 51R25110; S/T OR016831; ORO-MEDONTE
Address ORO
Consideration
Consideration $ 2.00
Transferor(s)
The transferor(s) hereby transfers the easement to the transferee(s).
Name THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Address for Service PO Box 100, 148 Line 7 South
ORO ON LOL 2X0
This document is not authorized under Power of Attorney by this party.
This document is being authorized by a municipal corporation by its Mayor, H. S. -HUGHES and its Clerk, J. DOUGLAS IRWIN.
Transferee(s) Capacity Share
Name CHESLOCK DEVELOPMENTS INC..
Address for Service 1736 Wilkinson Court
INNISFIL ON L9S 5A8
Statements
Schedule: See Schedules
Signed By
Klaus Nick Jacoby 34 Clapperton St., P.O. Box 350, acting for Signed 2010 12 14
Stn. Main Transferor(s)
Barrie
L4M 4T5
Tel 7057260238
-Fax 7057269197
I have the authority to sign and register the document on behalf of all parties to the document.
Klaus Nick Jacoby 34 Clapperton,St., P.O. Box 350, acting for Signed 2010 12 14
Stn. Main Transferee(s)
Barrie
L4M 4T5
Tel 7057260238 .
Fax 7057269197
I have the authority to sign and register the document on behalf of all parties to the document.
Submitted By
JACOBY & JACOBY, BARRISTERS & SOLICITORS 34 Clapperton St., P.O. Box 350, 2010 12 14
Stn. Main
Barrie
L4M 4T5
Tel 7057260238
Fax 7057269197
LRO # 51 Transfer Easement
The applicant(s) hereby applies to the Land Registrar.
I Fees/Taxes/Payment
Statutory Registration Fee $60.00
Provincial. Land Transfer Tax $0.00
Total Paid $60.00
File Number
Transferor Client File Number : JK-18,465
Receipted as SC872556 on 2010 12 14 at 14:55
yyyy mm dd Page 2 of 2
LAND TRANSFER TAX STATEMENTS
In the matter of the conveyance of: 58550 0134 SERVIENT LANDS: PIN 58550-0134 (LT), PCL 21-12 SEC 51-ORO-5; PT LT 22
CON 5 ORO, PT 33 51 R19930; ORO-MEDONTE
DOMINANT LANDS: PIN 58550-0003 (LT), PT LT 21 CON 5 ORO; PT W 1/2 LT
22 CON 5 ORO PT 1, 51R25110; S/T ORO16831; ORO-MEDONTE
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
CHESLOCK DEVELOPMENTS INC.
%(all PINs)
1. KLAUS N. JACOBY ,
Iam
❑ (a) A person in trust for whom the land conveyed in the above-described conveyance is being conveyed;
❑ (b) A trustee named in the above-described conveyance to whom the land is being conveyed;
❑ (c) A transferee named in the above-described conveyance;
R,/ (d) The authorized agent or solicitor acting in this transaction for CHESLOCK DEVELOPMENTS INC. described
in paragraph(s) (c) above.
❑ (e) The President, Vice-President, Manager, Secretary, Director, or Treasurer authorized to act for
described in paragraph(s) U above.
❑ (f) A transferee described in paragraph and am making these statements on my own behalf and on behalf of
. who is my spouse described in paragraph U and as such, I have personal knowledge of the facts herein
deposed to.
3. The total consideration for this transaction is allocated as follows:
(a) Monies paid or to be paid in cash 2.00
(b) Mortgages (i) assumed (show principal and interest to be credited against purchase price)
0.00
(ii) Given Back to Vendor
0.00
(c) Property transferred in exchange (detail below)
0.00
(d) Fair market value of the land(s)
0.00
(e) Liens, legacies, annuities and maintenance charges to which transfer is subject
0.00
(f) Other valuable consideration subject to land transfer tax (detail below)
0.00
(g) Value of land, building, fixtures and goodwill subject to land transfer tax (total of (a) to (f))
2.00
(h) VALUE OF ALL CHATTELS - items of tangible personal property
0.00
(i) Other considerations for transaction not included in (g) or (h) above
0.00
0) Total consideration
2.00
4.
Explanation for nominal considerations:
o) Transfer of easement or right of way for no consideration.
5. The land is not subject to an encumbrance
PROPERTY Information Record
A. Nature of Instrument: Transfer Easement
LRO 51 Registration No. SC872556 Date: 2010/12/14
B. Property(s): PIN 58550 - 0134 Address Assessment -
ORO Roll No
C. Address for Service: 1736 Wilkinson Court
INNISFIL ON L9S 5A8
D. (i) Last Conveyance(s): PIN 58550 - 0134 Registration No. LT167364
. (ii) Legal Description for Property Conveyed : Same as in last conveyance? Yes ❑ No ❑ Not known ❑
E. Tax Statements Prepared By: Klaus Nick Jacoby
34 Clapperton St., P.O.
Box 350, Stn. Main
Barrie L4M 4T5