2010-205 Easement Agreement - McCowanTHE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2010 -205
A By -law to Authorize the Execution of an Easement Agreement
Between
The Corporation of the Township of Oro - Medonte
And Ronald McCowan
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 2, Range 2 (Oro), designated as Part 5 on Plan 51 R- 37583, for
the purpose of residential access to Ronald McCowan, as noted in Motion No.
C100810 -17;
NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as
follows:
That an easement be granted over Part Lot 2, Range 2 (Oro), designated as Part
5 on Plan 51 R -37583 in form and content as provided herein.
2. That the Mayor and Clerk be authorized to execute the Easement Agreement
between The Corporation of the Township of Oro - Medonte and Ronald
McCowan, said agreement attached hereto as Schedule "A" and forming part of
this by -law.
3. This by -law shall take effect on the final passing thereof.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 15TH DAY
OF DECEMBER, 2010.
THE CC�R OO, F ATION 9F THE TOWNSHIP OF ORO- MEDONTE
Mayor,'H.S. H
J.
EASEMENT AGREEMENT
, - 2010
Made this L5/ day of
BETWEEN:
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
(hereinafter called "the Township")
-and-
RONALD McCOWAN
(hereinafter called "the Transferee")
WHEREAS the Township is the owner of an unopened Road Allowance described as Part Lot 2, Range
2 (Oro), designated as Part 5 on Plan 51 R-37583, Township of Oro-Medonte, County of Simcoe (being
part of P.I.N. 58555-0018 (LT) (hereinafter called "the Easement Lands");
AND WHEREAS the Transferee is the owner of the property described as Part Lots 1 and 2, Range 2,
(Oro), designated as Part 3 on Plan 51 R-4441, Township of Oro-Medonte, County of Simcoe (being the
whole of P.I.N. 58555 - 0014 (LT) (hereinafter called "the Dominant Lands");
AND WHEREAS the Transferee had requested an Easement from the Township over the Easement
Lands;
NOW THEREFORE in consideration of the covenants herein contained, and other good and valuable
consideration, the Township and the Transferee hereto covenant and agree as follows:
The Township hereby transfers to the Transferee the free uninterrupted right and easement in,
on, under, along, upon and through the portion of the Township'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 Dominant Lands consist of one (1) residential lot. Any severance of
the Dominant Lands would bring all easement rights granted hereunder to an end and the
Easement terminated.
2. The Transferee acknowledges that the Easement Lands are not an assumed public road and
the Township does not now, nor in any way will it be required by the entering into of this
Agreement to maintain or keep the Easement Lands clear. The year round maintenance and
clearing of the Easement Lands shall be the responsibility of the Transferee at his sole expense.
There shall be no obligation on the Township to take over or assume the Easement Lands as a
public Township Road.
3. The Transferee shall at his own expense and risk, within twelve (12) months from the date of
execution of this Agreement, construct an access road, consisting of a minimum of 150 mm
granular gravel, 7 metres in width throughout, and wholly within the limits of Part 5 as shown on
Plan 51 R-37583. In so doing, all brush must be cut back so as not to encroach onto the road
and all tree limbs must be cut back so as not to overhang or encroach onto the road for an
elevation of no less than 4 metres from the top of the finished road. All mud, gravel and debris
which may have fallen on the open portion of Bay Street in the course of construction shall be
removed forthwith by the Transferee.
4. There shall be no structures, including gates, fences or posts erected on the Easement Lands;
5. In addition to the foregoing easement rights, the Township agrees to the granting of such further
easement rights for the installation of underground utilities, including lines for natural gas,
telephone, cable telecommunications and hydro-electric services, within the limits of Part 5,
Plan 51R-37583, the location of which shall be pre-approved in writing by the Township. All
costs associated with the granting thereof to another approval authority, if required, including
survey and legal costs, and all design and installation costs, shall be borne by the Transferee.
6. The Transferee shall upon execution of this Agreement, and on or before the yearly anniversary
date of this Agreement, provide the Township with proof of liability insurance for himself, his
agents and invitees, in the amount of at least $5,000,000.00 over the Easement Lands naming
the Township as an insured party.
7. The Transferee agrees that all legal and administrative costs incurred by the Township in the
preparation and registration of this Agreement shall be borne by the Transferee.
IN WITNESS WHEREOF the Parties hereto hav executed this Agreement at the Township of Oro-
Medonte, County of Simcoe, this /,,!S- day of K' 2010 by their signing officers duly
authorized in that regard.
THE CORPORATION OF THE
TOWNSHIP OKbRO-UtDONTE
J ~DouglM IryvM Clerk
We have t e thority to bind the corporation.
R ALD MCCOWAN
LRO # 51 Transfer Release & Abandonment Receipted as SC1138667 on 2014 06 23 at 12:02
The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 1 of 2
Properties
PIN. 58555 - 0014 LT Interest(Estate Easement ❑✓ Remove Easement
Description DOMINANT LANDS: PIN 58555 -0014 LT BEING PT LT 2 RANGE 2 ORO, PT W PT LT 1
RANGE 2 ORO PT 3 51 R4441, TOGETHER WITH AN EASEMENT OVER PT 5 PL
51 R37583 AS IN SC885778
Address 271 BAY STREET
SHANTY BAY
PIN 58555 - 0018 LT Interest/Estate Easement ❑✓ Remove Easement
Description SERVIENT LANDS: PART OF PIN 58555 -0018 LT BEING PT LT 2 RANGE 2 ORO PT 5
51 R37583; ORO- MEDONTE; SUBJECT TO AN EASEMENT OVER PT 5 PL 51 R37583
IN FAVOUR OF PT LT 2 RANGE 2 & PT WPT LT 1 RANGE 2 ORO AS IN SC885778
Address SHANTY BAY
Consideration
Consideration $ 2.00
Transferor(s)
The transferor(s) hereby transfers, releases and abandons the easement to the transferee(s).
Name MCCOWAN, RONALD
Address for Service 2243 Ridge Road West
Shanty Bay, ON LOL 21-0
I am at least 18 years of age.
I am not a spouse
This document is not authorized under Power of Attorney by this party.
I Transferee(s) Capacity Share I
Name THE CORPORATION OF THE TOWNSHIP OF
ORO- MEDONTE
Address for Service 148 Line 7 South
Oro- Medonte, ON LOL 2E0
Document(s) to be Deleted
Registration No. Date Type of Instrument
SC885778 2011/02/28 Transfer Easement
Statements
All the parties having an interest have consented to this release of easement.
Schedule: I, KLAUS N. JACOBY, Solicitor, state that all the parties having an interest have consented to this Release of Easement.
Signed By
Murray Joel Hart
Tel 416- 597 -9922
Fax 416- 597 -3370
480 University Ave, # 1600 acting for Signed 2014 06 23
Toronto Transferor(s)
M5G 1V2
I have the authority to sign and register the document on behalf of the Transferor(s).
LRO # 51 Transfer Release & Abandonment
The applicant(s) hereby applies to the Land Registrar.
Signed By
Receipted as SC1138667 on 2014 06 23 at 12:02
yyyy mm dd Page 2 of 2
Klaus Nick Jacoby 34 Clapperton St., P.O. Box 350, acting for Signed. 2014 06 23
Stn. Main Transferee(s)
Barrie
L4M 4T5
Tel 7057260238
Fax 7057269197
I have the authority to sign and register the document on behalf of the Transferee(s).
Submitted By
JACOBY & JACOBY, BARRISTERS & SOLICITORS 34 Clapperton St., P.O. Box 350,
Stn. Main
Barrie
L4M 4T5
Tel 7057260238
Fax 7057269197
Fees /Taxes /Payment
Statutory Registration Fee $60.00
Provincial Land Transfer Tax $0.00
Total Paid $60.00
I File Number
Transferee Client File Number: JK- 18,524
2014 06 23
LAND TRANSFER TAX STATEMENTS
In the matter of the conveyance of: 58555 - 0014 DOMINANT LANDS: PIN 58555 -0014 LT BEING PT LT 2 RANGE 2 ORO, PT W
PT LT 1 RANGE 2 ORO PT 3 51R4441, TOGETHER WITH AN EASEMENT
OVER PT 5 PL 51 R37583 AS IN SC885778
58555 - 0018 SERVIENT LANDS: PART OF PIN 58555 -0018 LT BEING PT LT 2 RANGE 2
ORO PT 5 51 R37583; ORO- MEDONTE; SUBJECT TO AN EASEMENT OVER PT
5 PL 51 R37583 IN FAVOUR OF PT LT 2 RANGE 2 & PT WPT LT 1 RANGE 2
ORO AS IN SC885778
BY: MCCOWAN, RONALD
TO: THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
1. J. DOUGLAS IRWIN, CLERK
%(all PINs)
lam
❑ (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;
❑✓ (d) The authorized agent or solicitor acting in this transaction for THE CORPORATION OF THE TOWNSHIP OF
ORO- MEDONTE 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
Q) Total consideration 2.00
Explanation for nominal considerations:
o) Transfer of easement or right of way for no consideration.
5. The land is subject to encumbrance
PROPERTY Information Record
A. Nature of Instrument:
B. Property(s):
C. Address for Service:
Transfer Release & Abandonment
LRO 51 Registration No. SC1138667
PIN 58555 - 0014 Address 271 BAY STREET
PIN 58555 0018 Address
148 Line 7 South
Oro - Medonte, ON LOL 2E0
SHANTY BAY
Date: 2014/06/23
Assessment 4346010 - 00710300
Roll No
Assessment -
SHANTY BAY Roll No
D. (i) Last Conveyance(s): PIN 58555 - 0014 Registration No. SC622993
PIN 58555 - 0018 Registration No. SC900785
(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