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2011-045 Easement Agreement - SarjeantTHE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2011-045 A By-law to Authorize the Execution of an Easement Agreement Between The Corporation of the Township of Oro-Medonte And Mary Jane Sarjeant 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 Parts 1 and 6 on Plan 51 R- 37583 and Part 1 on Plan 51 R-37762, for the purpose of residential vehicular and pedestrian access to Mary Jane Sarjeant, as noted in Motion No. C101215-10; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That an easement be granted over Part Lot 2, Range 2 (Oro), designated as Parts 1 and 6 on Plan 51 R-37583 and Part 1 on Plan 51 R-37762 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 Mary Jane Sarjeant, 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 23RD DAY OF MARCH, 2011. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE hes Cl9ik, °J. EASEMENT AGREEMENT Made this 2-2) day of WICL '2011 BETWEEN: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE (hereinafter called "the Township") - and - MARY JANE SARJEANT (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 Parts 1 and 6 on Plan 51 R-37583 and Part 1 on Plan 51 R-37762, 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 1 on Plan 51 R-24937, Township of Oro-Medonte, County of Simcoe (being the whole of P.I.N. 58555 - 0086 (LT) (hereinafter called "the Dominant Lands"); AND WHEREAS the Transferee is the one-half owner of the property described as Part Lot 2, Range 2 (Oro), designated as Part 2 on Plan 51 R-24937, Township of Oro-Medonte, County of Simcoe (being the whole of P.I.N. 58555-0087 (LT) (hereinafter called "the Shared Lands"); AND WHEREAS the Transferee has 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 vehicular and pedestrian access and egress to and from the Dominant Lands and over, upon and along the Shared 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 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 her 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 her 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 the Easement Lands. 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 outside of the Easement Lands in the course of construction shall be removed forthwith by the Transferee. 4. If at a future date the other one-half owner of the Shared Lands, or any other property owner, requests an easement from the Township over the Easement Lands, it shall be a condition that the requesting party shall reimburse the Transferee directly for a proportionate share of the Transferee's provable costs in obtaining the easement as provided herein, including legal, planning, survey and construction costs of the Transferee for the access road, but excluding the Township's legal and administrative costs paid by the Transferee, prior to the Township granting an easement thereafter. Upon the granting of such easement, the Transferee and the transferee(s) thereunder shall thereafter be equally responsible for maintenance as provided for in Paragraph 2 above. It is understood that the foregoing shall in no way place any obligation or duty upon the Township to collect such costs on behalf of the Transferee or provide any verification as to costs sustained. 5. There shall be no structures, including gates, fences or posts erected on the Easement Lands; 6. 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 the Easement Lands, 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. 7. 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 herself, her agents and invitees, in the amount of at least $5,000,000.00 over the Easement Lands naming the Township as an insured party. 3 8. 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. 9. This Agreement shall enure to the benefit of and be binding upon the Parties and their respective heirs, executors, administrators, successors, legal representatives and assigns. IN WITNESS WHEREOF the Parties hereto have xe uted is Agreement at the Township of Oro- Medonte, County of Simcoe, this . day of 2011 by their signing officers duly authorized in that regard. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE H. S. Hughes, J. have the_ppjthority to bind the corporation. MA JA SARJEANT