1999-042 To authorize the transfer of an easement in favour of the Consumers' Gas Company Ltd.
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 99-42
Being a By-law to authorize the transfer of an easement in favour of The Consumers' Gas
Company Ltd.
WHEREAS Section 308.3 of the Municipal Act authorizes a Council of a Municipality to pass
by-laws for permitting the construction, maintenance and use of objects under highways under its
jurisdiction upon such terms and conditions as may be prescribed by Council.
AND WHEREAS Council of the Township ofOro-Medonte deems it appropriate to grant an
easement to maintain underground pipes and conduits, currently located under a highway within
the jurisdiction of the Township of Oro-Medonte, to serve abutting lands.
NOW THEREFORE the Council of The Corporation of the Township ofOro-Medonte hereby
enacts as follows:
1. The Municipality hereby authorizes the granting of an easement in favour of Consumers'
Gas Company Ltd., upon the terms and conditions set out in the Transfer of Easement
attached hereto as Schedule 1. The easement shall be restricted to the lands owned by the
Municipality and described as follows:
All of Lot K, Registered Plan 663, Township ofOro-Medonte (formerly
Township of Oro), County of Simcoe.
2. That the Mayor and Clerk be and are hereby authorized to execute all such
documentation as may be required to give effect to the foregoing.
3. That this by-law shall come into force and effect on the date of passing thereof.
Read a first and second time this 21st day of April, 1999.
Read a third time and finally passed this 21st day of April, 1999.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
I-
Ma~~;;Be~d _A /1
~-e'&~_ ~L
Clerk, Lynda Aiken
~ Province
of
Ontario
Tt!I1~!!rle!!!~f02~J.and
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08/1993
(1) Registry [!]
(3) Property
Identifier(s)
Land Titles 0
(2) Page 1 of
5 pages
)
Block
Property
Additional:
See 0
Schedule
(4) Consideration
Two dollars
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Dollar $ 2.00
(51 Description This is a: Property 0 Property 0
Division Consolidation
All of Lot K, Registered Plan 663, Township of Oro-Medonte
(formerly Township of Oro), County of Simcoe
Additional: 0
See
Schedule
Executions
(6) This
Document
Contains
(a) Redescription
New Easement
Plan/Sketch 0
Additional:
See 0
Schedule
(bl Schedule for:
Description 0
Additional
Parties
o Other 0
(7) Interest/Estate Transferred
~ Easement and Right-of-Way
(8) Transferor(s) The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years old and that
.'......"'....._._..-.'.....'.....~.-,..-~...........'.....-~_~~r_...........r....._......_._...~.'r.......__...r..r~__.........._......__.........,.'.'....._.__~__.__._........................'.......__..._...............,.,................._.....'...'......._.._~.._...._..._.......__.._...___.._~___......,
.....'"........._..'........_-.._---.'.--~_.........."'...__........._......_-~.~.~-_...._....._.~.~.~
Name(s)
THE CORPORATION OF THE TOWNSHIP OF
ORO-MEDONTE
Signature(s)
Date of Signature
Y M D
"....~~......"'...._~~......"'....._.........-..._-----...._.........~~_.~--........-.._~-_-........~-~_.~_......~~_.-_............_~~,~-~-~_...._......~._~,.._..._----...
(9) Spouse(s) of Transferor(s) I hereby consent to this transaction
Name(s)
Signature(s)
Date of Signature
Y M D
.........-................................................................._~....................,........-..............................~....-........-_...~_...~...._~_..........._.._...~.._......._..............~...............................-
(10) Transferorls) Address
for Service
(11) Transferee(s)
Date of Birth
Y M 0
THE CONSUMERS' GAS COMPANY LTD.
,...-...-..-,..., "......,......-...--.--..,...-....-. .......-................'..'...Nime:...'.
Title:
..-.......-.._..._~.~........
....................-........--............-......
... ............._................................_.~.._.-....-.....-...._~~................-~..
....~.........""................................._.......~......__._.....~..._......._......._................._.~--_.--......_._.....-_..........__.....~-~....._~._....~~~~--~.._~--~..-..............~.~-_......_.......,...,_.-.._.....~-~.......
Name: Richard Langstaff
We have the authority to bind the corporation Title: Manager, Land Services
(12) Transferee(s) Address P.O. Box 650, Scarborough, Ontario M1K 5E3
for Service
...."........_~......_.............._...._....-._._.."'........._.~....-........
(13) Transferor(sl The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 50 of the Planning Act.
Date of Signature Date of Signature
Y M D, Y 1M D
Signature I I Signature
Solicitor for Transferor(s) I have explained the effect of section 50 of the Planning Act to the transferor and I have made inquiries of the transferor 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
as belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature
~ Nal'l)e and Y 1M. D
go Address of Signature _ :
Solicitor
I
!l 'ii' (14) Solicitor for Transferee(s) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title
I records reveal no contravention as set out in subclause 50(22)(c)(ii) of the Planning Act and that to the best of my knowledge and belief this
.6 transfer does not contravene section 50 of the Plaming Act. I act independen1Jy of the solicitor for the transferor(s) and I am an Ontario solicitor in good
c:: standing. .
Date of Signature
....; Name and Y M D
~~ e Ad<:fr~ss of I .
~~1! Sohcltor
~ Signature
(15) Assessment Roll Number ICty.
of Property
(16) Municipal Address of Property
Mun.j
Map I Sub. I Par. I Not Assigned
(17) Document Prepared by:
The Consumers' Gas Company Ltd.
101 Consumers Drive
Whitby, Ontario L 1 N 1 C4
L-24429 (WP)
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Schedule
CAKEware Inc.
(416) 367-0600
08/1993
Page 2 of 5
Sip
Form 5 - Land Registration Reform Act
Additional Property Identifier(s) and/or Other Information
INTEREST/ESTATE TRANSFERRED
(1) The Transferors hereby transfer, sell, grant and convey in perpetuity to the Transferee its
successors and assigns, a free and unencumbered easement in, under and/or through the lands described in
box (5) herein, hereafter referred to as the Easement Lands, to survey, lay, construct, operate, use, inspect,
remove, renew, replace, alter, enlarge, reconstruct, repair, expand and maintain pipelines (for the purpose of
If plying natural and/or manufactured gas) and all works, appurtenances, attachments, apparatus, appliances,
rkers, fixtures and equipment which the Transferee may deem necessary or convenient in connection with
s use of the Easement Lands together with a right-of-way to the Transferee, its successors, assigns, servants
and agents for ingress and egress at any time and from time to time over, along and upon the Transferor's
lands abutting the Easement Lands on foot and/or with vehicles, supplies, machinery and equipment necessary
or incidental to the exercise and enjoyment of the easement hereby transferred.
(2) The Transferee shall have the right at any time and from time to time to remove any boulder or
rock and to sever, fell, remove or control the growth of any roots, trees, stumps, brush or other vegetation on
or under the Easement Lands.
(3) The rights of the Transferee herein shall be of the same force and effect as a covenant running
with the Easement Lands and shall be appurtenant to the lands and premises described in this Schedule as
the Transferee's Lands.
(4) The Transferee shall have the absolute and unfettered right to assign or transfer its rights
hereunder in whole or in part and shall not be bound to give notice thereof to any party.
(5) This Transfer shall extend to, be binding upon and enure to the benefit of the respective heirs,
executors, administrators, successors and assigns of the parties hereto. If the Transferors are not the sole
owners of the said lands, this Transfer shall bind the Transferors to the full extent of their interest therein and
shall also extend to any after-acquired interest but all monies payable or paid to the Transferors hereunder shall
be paid to the Transferors only in the proportion that their interest in the said lands bears to the entire interest
therein. The Transferors hereby agree that all provisions herein are reasonable and valid and if any provision
herein is determined to be unenforceable, in whole or in part, it shall be severable from all other provisions and
shall not affect or impair the validity of all other provisions.
(6) The Transferors shall have the right to use and enjoy the surface of the Easement Lands except
that such use and enjoyment shall not interfere with the rights of the Transferee hereunder. Without limiting
the generality of the foregoing, the Transferors shall not without the prior written consent of the Transferee,
place or erect on the Easement Lands any building, structure or fence and shall not excavate, alter the grading,
drill, install thereon any pit, well, foundation and/or pavement which will obstruct or prevent the exercise and
enjoyment by the Transferee of its rights hereunder.
(7) Notwithstanding any rule of law or equity, any pipeline constructed by the Transferee together
with all works, appurtenances, attachments, apparatus, appliances, markers, fixtures and equipment shall be
deemed to be the property of the Transferee even though the same may have become annexed or affixed to
the Easement Lands.
(8) The Transferee shall at its own expense as soon as reasonably possible after the construction
of its pipeline or other exercise of its rights hereunder, remove all surplus sub-soil and debris from the
Easement Lands and restore them to their former state so far as is reasonably practicable.
(9)
The Transferors covenant that
(i) they have the right to convey this easement and right-of-way to the Transferee;
(ii) the Transferee shall have quiet enjoyment of the rights, easement and right-of-way
hereby transferred;
(iii) the Transferors or their successors and assigns will execute such further assurances
of this easement and right-of-way and do such other acts (at the Transferee's expense)
as may be reasonably required; and
(iv) the Transferors have not done, omitted or permitted anything whereby the Easement
Lands is or may be encumbered (except as the records of the land registry office
disclose).
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Form 5 - land Registration Reform Act
Schedule
CAKEware Inc.
(416) 367-0600
08/1993
Page 3 of 5
Additional Property Identifier(s) and/or Other Information
(10) The Transferee agrees at its expense to lower the existing 2 NPS PE gas pipeline in those
locations that conflict with the construction of driveways to the residences located along Barrie Terrace.
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Schedule
CAKEware Inc.
(416) 367-0600
08/1993
Page 4 of 5
Form 5 - Land Registration Reform Act
Additional Property Identifier(s) and/or Other Information
TRANSFEREE'S LANDS
FIRSTLY:
_he Township of Innisfil in the County of Simcoe and being composed of that part of the south half of Lot 2,
ncession 8 in the said Township designated as Part 4 on a Plan deposited in the Registry Office for the
egistry Division of Simcoe as No. 51R-4435.
SECONDL Y:
In the Township of West Gwillimbury in the County of Simcoe and Province of Ontario and being composed
of part of Lot 2, Concession 15 more particularly described as Parts 1 and 5 on a Plan of Survey of record
deposited in the Land Registry Office for the Registry Division of Simcoe (No. 51) as Plan 51 R-8412.
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=- "" P'g. 5 of 5 P.... Affidavit of Residence and of Value of the Consideration '19
Refer to all instructions on reverse side. . Form 1 - Land Transfer Tax Ad
IN, THE MA TIER OF THE CQNYEY.AN..CE OF IIIISefJ blJ#f description of land! All of lot K, Registered Plan 663, Township of Oro-Medonte
(fOrmerly Township of orol.!- county Of ~Imcoe
BY Iprlnt names of all transferors In fulll The Corporation of the Township of Oro-Medonte
TO Isee instruction t and print names of all transfer_In full! The Consumers' Gas Company ltd.
I, (see instruction 2 and print namelslln full! William J. Coldicott
MAKE OATH AND SAY THAT:
1. I am (place a clear mark within the square opposite that one of the following paragraphs that describes the capacity of the deponent/sl!: (see instruction 2!
tI) A petson in ttust for whom the land conveyed in the above-described conveyance is being conveyed;
A ttustee named in the above-described conveyance to whom the land is being conveyed;
c) A transferee named in the above-described conveyance;
o (d) The authorized agent or solicitor acting in this transaction for !insert nemels! of principallSI!
described in paragraph(s) (a), (b), (c) above; Is trike out references to inapplicable paragraphs}
[!] (e) The President, Vice-President, Manager, Secretary, Director, or Treasurer authorized to act for linsert namels} of corporation(sl!
The Consumers' Gas Company Ltd.
described in paragraph(s) (a), (b), (c) above; (strike out references to inapplicable paragraphs)
) (insert only one of paragraph (a!, (bl or (cl above, as applicablel and am making this affidavit on my own behalf and on
o (f) A transferee described in paragraph (
behalf of linsert name of spousa) who is my spouse described
in paragraph ( ) !insert only one of paragraph la}, (b) or (c) above, as applicable} and as such, I have personal knowledge of the facts herein deposed to.
2. (To be completed where the value of the consideration for the conveyance exceeds $400,OOO).
I have read and considered the definition of .single family residence" set out in clause 1(1)(ja) of the Act. The land conveyed in the above-described conveyance
o contains at least one and not more than two single family residences. Note: Clause 2( 1 )(d) imposes an additional tax at the rate of one-half of one per cent
o does not contain a single family residence. upon the value of considetation in excess of $400,000 where the conveyance contains
o contains more than two single family residences. (see instruction 3) at least one and not more than two single family residences.
3. I have read and considered the definitions of "non-tesident corporation" and "non-resident person" set out respectively in clauses 1(1)(f) and (g) of the Act and
each of the following persons to whom or in trust for whom the land is being~Onveyed in the above-described conveyance is a "non-resident corporation"
or a "non-resident person" as set out in the Act. (see instructions 4 and 51 one
4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS:
(a) Monies paid or to be paid in cash $
(b) Mortgages (i) Assumed (show principal and Interest to be credited against purchase price! $
(ii) Given back to vendor... , $
(c) Property transferred in exchange IdetaH below! ......................................,............................,................ $
(d) Securities transferred to the value of (detai! belowl..................................,........................,................ $
(e) Liens, legacies, annuities and maintenance charges to which transfer is subject... ....,.............., $
(f) Other valuable consideration subject to land transfer tax Idetail below! ......' ........,............ $
(g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO
LAND TRANSFER TAX (Total of (a) to (f)} ................,..................................,..................................... $
(h) VALUE OF ALL CHATTELS - items of tangible personal property
IRetail Sales Tax is payable on the value of all chattels unless exempt under
the provisions of the 'Retail Sales Tax Act', R.S.O. T 980, c.454, as amended!
(i) Other consideration for transaction not included in (g) or (h) above....,......
(j)
2.00
nil
nil
nil All Blanks
nil
nil Must be
nil Ailed In.
Insen 'Nil'
2,00 $ 2.00
Where
$ nil Applicable.
$ nil
$ 2.00
....................
TOTAL CONSIDERATION ,......'...................................
,..................................................
..................
5. If consideration is nominal, describe relationship between transferor and transferee and state purpose of conveyance. (see instruction 6!
N/A
6. If the consideration is nominal, is the land subject to any encumbrance? NIA
7. Other remarks and explanations, if necessary. Exempt from land Transfer Tax under Regulation 695 of the land Transfer Tax
Act R.S.O., 1990
Sworn before me at the Town of Whitby
in the Regional Municipality of Durham
this day of 1 9 98
A Commissioner for taking Affidavits, etc.
William J. Coldicottnaturelsl .
I
Property Information Record For Land Registry Office Use Only
A. Describe nature of instrument: Grant of Easement Registration No.
B. (i) Address of property being conveyed lif available!
~'~'m,"' Roll No. '" ,,""'" Not Assigned
, "g addressjesl for future Notices of Assessment under the Assessment Act ~or property being
.weved (see instruction 7) P.O. Box 650, Scarborough, Ontario M1 K 5E3 Registtation Date Land Registry Office No.
NIA
D. (I) Registration number for last conveyance of property being conveyed Ilf available!
(ii) Legal description of property conveyed; Same as in D.(i) above. Yes 0 No 0 Not Known [}g
E. Namejs) and address(es) of each transferee's solicitor
Aird & Berlis, Barristers and Solicitors
Suite 1800,181 Bay Street, BCE Place, P.O. Box 754
Toronto, Ontario MSJ 2T9
School Tax Support (Voluntary Elaction) Sae rever.e for explanation
(a) Are all individual transferees Roman Catholic] Yes 0 No 0
(b) If Yes, do all individual transferees wish to be Roman Catholic Separate School Supporters] Yes 0 No 0
(c) Do all individual transferees have French Language Education Rights] Yes 0 No 0
(d) If yes, do all individual transferees wish to support the French Language School Board jwhere established)] Yes 0 No 0
NOTE: As to (c) and (d) the land being transferred will be assigned to the French Public School Board or Sector unless otherwise directed in (8) and (b).