1999-048 To authorize the transfer of an easement in favour of Napoleon Systems and Developments Ltd
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 99- 48
Being a By-law to authorize the transfer of an easement in favour of Napoleon Systems and
Developments Ltd.
WHEREAS the Municipal Act, R.S.O. 1990, c.MA5, Section 191 and Section 193, as amended,
authorizes a Council of a municipality to dispose of surplus real property in accordance with the
provisions of a by-law passed by the Council establishing procedures governing the sale of such
real property;
AND WHEREAS Council passed By-law No. 96-35, pursuant to Section 193 of the Municipal
Act on the 17th day of April 1996, being a by-law to establish procedures governing the sale of
real property;
AND WHEREAS pursuant to Schedule "A" to the said By-law No. 96-35, the appropriate steps
were followed to declare the following described lands as surplus to the needs of the Township
for the purpose of granting an easement only to install underground pipes and conduits to serve
abutting lands, and Council, by Resolution No.6 dated April 21, 1999, declared the said lands to
be surplus and directed that notice of the proposed conveyance of easement be published in
accordance with By-law 96-35:
AND 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.
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 Napoleon
Systems and Developments 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:
Part of the original Road Allowance between Lot 11 and E, Concession 1,
E.P.R. and Part of Lot E, Concession 1, E.P.R., designated as Part 1,
Plan 51R-28167, Township ofOro-Medonte, (formerly Township ofOro),
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 5th day of May, 1999.
Read a third time and finally passed this 5th day of May, 1999.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
t"L R"J
MAYOR, IAN BEARD
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CLERK, LYNDA AIKEN
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(6) This
Document
Contains
(a) Redescription
New Easement
Plan/Sketch
Transfer/Deed of Land
,E & DURHAM co. INC -!'orm No. 970
Amended NOV. 1992
Form 1 - Land Registration Reform Act
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(1) Registry ~
(3) Property
Identlfler(s)
Additional:
See 0
Schedule
Block
(2) Page 1 of ~
Property
pages
Land Titles
(4) Consideration
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'lID
Dollars $ 2 . 00
(5) Description
This IS a:
Property
Division 0
Property
Consolidation 0
r-
That part of the original Road Allowance between Lot
11 and E, Concession 1 E.P.R. and Part of Lot E
Concession 1, E. P. R. designated as Part 1, Plan 51R-
28167, Township of Oro-MErlonte, formerly Township of
Oro, County of Simcoe.
L.f:)
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CT) Additional: t;
.. See F-1
Schedule U
Additional:
See 0
Schedule
: (b) Schedule for
l8J ; Description 0
o Other 0
(7) InterestlE!ltll~e r ransferred
~
Transfer of Easement
Additional
Parties
. . . . . . . . . . . . .
(8) Transferor(s) The transferor hereby transfers the land to the transferee
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . .
Name(s)
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. . . . . . . . . . . . . . ,
Date of Signature
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. . . . . . . . . . . . .
. . . . . . . . .
. . . . . . . . . . . . . . . . . . . .
Signature(s)
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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 0
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.
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. . . . . . . . .
(10) Transferor(s) Address
for Service
(11) Transferee(s)
P.:O. 'Box 100, Oro, ON
LOK 2EO
Date of Birth
Y M 0
. NAroLEON SYSTEMS. & .DEVELOR-1ENTS . L'I'D.. . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , .
. . . . . . . . .
, . , . " ..,...............,.................,.............,................. .........
. . . . . , . . . . . . , . . . . . . . . . . . . . . , . . , . . . . . , . . . . . . . . . . . ' . . . . . . . . . . . , . . , . . . . . . . . .. ......
(12) Transferee(s) Address
for Service
c 10 Mr. Wolfgang Schroeter, R. R. # 1, Barrie, ON
L4M 4Y8
(13) Transferor(s) 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 M 0
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Signature. . . . . . . . . . . . . . . , . . . . . . . . .:. . . . . .:. . . J . . .: 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
-;i, 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
z belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature
g Name and : Y : M: D
Q. Address of i i
o Solicitor Signature. . . . . . . . . . . . . , . . . . . . . . . . . . . . . . .' . . . .
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(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 tiUe 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 transfer
does not contravene section 50 of the Planning Act. I act independently of the solicitor for the transferor(s) and I am an Ontario solicitor in good standing.
<o\-c
Uj.2'= Name and
.~ (; ~ Address of
~~.c Solicitor
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(f)
(15) Assessment Roll Number
of Property
(16) Municipal Address of Property
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Date of Signature
Y M 0
Signature. , .
. . . . . . . . . . . . . . . . . . . . oJ. , , , ., " ....
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(17) Document Prepared by:
John Cockburn (Cockburn & Smith
89 Collier St., 'Box 955
Barrie, ON L4M 4 Y6
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Page 2
SCHEDULE
Box 6(a) - New Easement
.
WHEREAS the Transferor is the registered owner of the lands and premises more
particularly described in Schedule "A" attached (hereinafter referred to as the "Tract");
AND WHEREAS the Transferee is the owner of the lands to be benefitted by the within
easement more particularly described in Schedule "B" attached (the Benefitting Lands");
AND WHEREAS the Transferor has agreed to convey an easement to the Transferee to
permit the installation of pipes and conduits underthat portion of the Tract more particularly
described in Schedule "A".
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 right and easement in, along, under and through the
portion of the Tract more particularly described in Schedule "A" hereof for the
purposes of installing pipes and conduits including the right to lay down, construct,
maintain, repair, remove, replace and reconstruct such pipes and conduits.
2. Right of Ingress and Egress
Together with the right of ingress and egress to, from, in and over the Tract for itself,
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 and easement herein
granted and transferred as and from the date hereof and continuing in perpetuity.
3. Terms & Conditions
The aforesaid right and easement is herein granted and transferred on the following
terms:
a) Commencment and Completion of Construction
The Transferee covenants and agrees that no work shall be carried out on
the Tract in connection with the installation, maintenance, alteration or repair
of the said pipes without the prior written approval of the Transferor. The
Transferee further covenants that after the performance of any work on the
Tract, it shall restore the surface of the Tract to the same condition as it was
prior to the commencement of any such work, at the Transferee's sole cost.
b)
No Obstruction of Traffic
.
The Transferee covenants that it shall exercise its rights hereunder in such
a manner that the flow of traffic along the Tract or adjacent municipal streets
shall not be impeded or obstructed in any material way.
c)
Emergency Situation
If, in the opinion of the Transferor, there is an emergency situation arising as
a result of any work undertaken on the Tract by the Transferee, its servants
<J
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2
or agents, which requires immediate attention to avoid damage to private or
public property or services owned by the Transferor, or to eliminate a
potential hazard to persons, such work may be done immediately by the
Transferor at the expense of the Transferee, but notice of the requirement
for such works shall be given to the Transferee at the earliest possible time.
d)
Costs and Expenses of the Transferor
.
The Transferee acknowledges and agrees that it shall be responsible for all
costs and expenses incurred by the Transferor in granting this easement
(including legal and related costs), together with any and all costs or
expenses incurred by the Transferor in completing any work upon the Tract
required as a result of the use or occupation of the Tract by the Transferee,
whether as a result of default by the Transferee under the terms of this
Agreement or otherwise. All such costs and expenses incurred by the
Transferor shall be payable by the Transferee to the Transferor immediately
upon written demand therefor, and all expenses for which demand for
payment has been made by the Transferor shall bear interest at the rate of
12% per annum commencing 30 days after demand has been made.
In the default of payment by the Transferee, any cost or expense incurred by
the Transferor in restoring the Tract to its former condition after the
commencement of any work by the Transferee or in enforcing the
performance of anything required to be done by the Transferee under the
terms of this Agreement, may be added to the tax roll for the Benefitting
Lands and recovered in the like manner as municipal taxes, in accordance
with the provisions of Sections 308.3(b) and 326 of the Municipal Act, R.S.O.
1990, c.M.45.
The Transferee agrees to file with the Transferor, on or before the date of
execution of this Grant of Easement by the Transferor a deposit in the
amount of $2,000.00 by cash, certified cheque or Letter of Credit, to be held
as security to be applied by the Transferor against any cost or expenses
incurred by the Transferor as contemplated above (including but not limited
to legal and related expenses incurred in connection with the granting of this
easement). The balance of the deposit filed by the Transferee with the
Transferor, if any, shall be returned to the Transferee upon the termination
of this Grant of Easement, provided that the Transferee has first removed the
pipes and conduits from the Tract and restored the Tract to its original
condition, to the satisfaction of the Transferor.
e ) Termination of Easement
The Transferor shall have the right to terminate this Grant of Easement on
10 days written notice in the event of default in or breach of any term,
condition or covenant of this Grant of Easement which default is not cured
by the Transferee within thirty (30) days of a written demand being made by
the Transferor.
-.
The Transferee covenants, upon the termination of this Grant of Easement,
to remove the private pipes and conduits and all other related works and
appurtenances from the Tract, and to restore the Tract to its former
condition, at the sole expense of the Transferee.
f)
Maintenance of Works
The Transferee covenants and agrees that it shall be solely responsible, at
its sole expense, for the maintenance, repair and replacement of the pipes
and conduits installed pursuant to this Easement.
.
4.
5.
..
Cf
3
g)
Indemnity
The Transferee hereby agrees to indemnify and save harmless the
Transferor, its agents, servants and employees, from all claims, demands,
suits or actions, or claims for negligence or otherwise, including non-repair,
which may be made or brought against the Transferor, its agents, servants
and employees, by any person or persons using the Tract, arising out of the
granting of this Easement, including the costs of defending such suits,
actions or claims.
h)
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 and easement herein granted 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.
i) Additional Documents
The Transferee will, if so requested by the Transferor, 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.
j) Notices
All Notices to be given hereunder may be given by registered letter
addressed to:
Transferor at:
P.O. Box 100, Oro, ON LOK 2EO
Transferee at:
c/o Mr. Wolfgang Schroeter,
R.R. #1, Barrie, ON L4M 4Y8
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.
Covenants Running With The Land
a) The right and easement herein granted 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.
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 rendered
necessary had been made.
.
/
.
6.
,
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4
Benefitting Lands
The lands benefitted by this Grant of Easement are those lands registered
in the name of the Transferee as more particularly described in Schedule liB"
attached.
Witness the hands of the proper signing officers on behalf of the Parties hereto.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Per:
~ L_ JS:'<_~fc).A{-
Ian Beard, Mayor
We have the authority to bind the Corporation
\-.~ ," ~1 ~
Per: A; -y/t~".,.t:~~~~ /;l~t: c~'c~~
Lynda Aiken, Clerk
NAPOLEON SYSTEMS & DEVELOPMENTS LTD.
Per:
Wolfgang Schroeter
I have authority to bind the Corporation
.
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Page'
S C H E D U L E "A"
That part of the original Road Allowance between Lot 11 and E, Concession 1, E.P.R.
and part of Lot E, Concession 1, E.P.R. designated as Part 1, Plan 51R-28167,
Township of Oro-Medonte, formerly Township of Oro, County of Simcoe
mc.napoleon\easement\scha
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SCHEDtLE 8
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PARCEL A -1-< U.r,..,t"
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In the Township of Oro(in the County of Simcoe, being Part of the rO:id allowance hetween
Lot 11 and E, in the First Concession east of the Penetang Road. more particularly described
as follows:
.
PREMISING that the northerly limit of the road allowance between said Lots 11 and E has
a bearing of Norch 59 degrees 41 minutes 20 seconds East and relilting all bearings herein
thereto.
COMMENCING at a point in the northerly limit of old King's Highway No. 11 as shown
on Department of Highways Plan No. 18270 f~r Ora, distant easterly on a bearing North
59 degrees 41 minutes 20 seconds East 772.69 feet from the southwest angle of said Lot 11;
THENCE north 31 degrees 58 minutes 10 seconds west, 24.53 feet more or less to the
northerly limit of the original road allowance;
THENCE norch 58 degrees 9 minutes east, l(i74,..n fect, more or le...s to the southerly limil
of the lands acquired for the purposes of a provincial highway by Department of Highways
Plan No. 17048 for Ora;
THENCE north 76 degrees 44 minutes east, 233.08 feet more or less to the northerly
boundary of old King's Highway No. 11:
THENCE south 59 degrees 41 minutes 20 seconds west along the said northerly houndary
1,865,23 feet more or less to the place of commencement.
,,{.. O~O\
PAR C E L B L \N{,1'lT !
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In the Township of Oro{ in the County of Simcoe, being Part ot Lot 11 and Part of Lot
E, both in the First Concession, ea:;t of the Penetang Road and part of the road allowance
between said Lot 11 and Lot E, in the First Concession east of the Penetang Road, more
particularly described as follows:
PREMISING that the northerly limit of the road allowance between said Lots 11. and E h~s
a bearing of North 59 degrees -n minutes 20 seconds East and rdating all bearings herein
thereto.
COMMENCING at a point in the northerly limit of old King's Highway No. 11. as shown
on Department of Highways Plan No. 18270 for Oro. distant easterly on a bear~ng North
59 degrees 41 minutes 20 seconds East 772.69 feet from the southwest angle of saId Lot 11;
THENCE north 31 degrees 58 minutes 10 seconds West, 360 feet more or less to the south
limit of the lands acquired for the purposes of a provincial highway by Department of
Highways Plan No. 18270 for Ora:
THENCE north 11 degrees 10 minutes 10 seconds East. 63.~7 feet more or less to the south
limit of the lands acquired for the purposes of a provincial highway by Department of
Highways Plan No. 17048 for Oro;
THENCE north-easterly 460.19 feet on a cune right of 2,764.79 feet radius, the chord
equivalent being 459.66 feet measured north 01 degrees 01 minutes 54 seconds East to a
standard iron bar;
THENCE northeasterly 527.58 feet on a curve right of 2,764.69 feet radius, the chord
equivalent being 526.78 feet measured north 71 degrees 16 minutes, east to a standard iron
bar;
~
THENCE north 76 degrees 44 minutes East, 731.27 feet to a standard iron bar;
THENCE. nO,rth ?6 degrees 44 minutes East, 185.02 feet to a point in the northerly boundary
of old KlDg s HIghway No. 11 as shown on Department of Highways Plan No. 17048 for
Ora;
THENCE south 59 degrees 41 minutes 20 seconds weq along the said northerly boundary
1,865.23 feet more or less to the place of commencement. ~
being all of the lands described in registered instrument no. 194472.
Affidavit of Residence and of Value of the Consiaerati~
, Form 1 - Land Transfer Tax: Act
Refer to aU instl'Vctions on reverse side. h t f h .. 1
IN,TH,E'MATTER OF THE CONVEYANCE OF (insertbrieldescriptionofland) T a part 0 t e orlglna Road Allowance
'between Lot 11 and E, Concession 1 E. P. R. and Part of Lot E, Concession 1, E. P'. R. designated
as Part 1, Plan 51R-28167, Township of Oro-Medonte, formerly Township of Ora, County of
:SlJT1coe. rp . h. f 0 Med t
BY (print names 01 all translerors in lull) '.lOWJ:lg lp 0 ro- on e
DYE & DURHAM CO. INC. ' Form No. 500
Amended 1991
TO (see instruction 1 and print names 01 all translerees in lull)
Napoleon Systems & Developnents Ltd.
Wolfgang Schroeter
I, (see instruction 2 and print name(s) in lull)
MAKE OATH AND SAY THAT:
1. I am (piace a clear mark within the square opposite that one 01 the lollowing paragraphs that describes the capacity 01 the deponent(s)): (see instruction 2)
o (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;
Id) The authorized agent or solicitor acting in this transaction for (insert name(s) 01 principal(s))
~
described in paragraph(s) (a), (b), (c) above; (strike out relerences to inapplicable paragraphs)
(e) The President, Vice-President, Manager, Secretary, Director, or Treasurer authorized to act for (insert name(s) olcorporation(s))
Napoleon Systans & Developnents Ltd.
described in paragraph(s) ~ (c) above; (strike out relerences to inapplicable paragraphs)
o If) A transferee described in paragraph( ) (insert only one 01 paragraph (a), (b) or (c) above, as applicable) and am mak ing this affidavit on my own behalf and on
behalf of (insert name 01 spouse) who is my spouse described
in paragraph I ) (insert only one 01 paragraph (a), (b) or (c) above, as applicable) and as such, I have personal knowledge of the facts herein deposed to.
2. (To be compteted where the value of the consideration for the conveyance exceeds $400,000).
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 fam ily residences.
o
o
does not contain a single family residence.
contains more than two single family residences. (see instruction 3)
Now: Clause 2( 1) (d) imposes an additional tax at the rate of one-half of one per
cent upon the value of consideration in excess of $400,000 where the convey-
ance contains at least one and not more than two single family residences.
3, I have read and considered the definitions of "non,resident corporation" and "non-resident person" set out respectively in clauses 1 (1) If) and (g) of the Act
and each of the following persons to whom or in trust for whom the land is being conveyed 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 5)
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)
(i i) Given back to vendor ,
Ic) Property transferred in exchange (detail below)
Id) Securities transferred to the value of (detail below)
(e) Liens, legacies. annuities and maintenance charges to which transfer is subject
(f) Other valuable consideration subject to land transfer tax (detail below)
Ig) 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
(Retail Sales Tax is payable on the value 01 all chattels unless exempt under
the provisions 01 the "Retail Sales Tax Act", R.S.O. 1980, c.454, as amended) . - .
(i) Other consideration for transaction not included in (g) or (h) above
(j) TOTAL CONSIDERATION
5. If consideration is nominal, describe relationship between transferor and transferee and state purpose of conveyance, (see instruction 6)
The Parties are not Related. Transfer is an Easenent from a Municipality to permit
cqnduiLs to run beneath the roadwdY.
6. If the consideration is nominal, is the land subject to any encumbrance? n/e
7. Other remarks and explanations, if necessary.
$ /.00
$ nil
$ nil
$ :nil All Blanks
$ nil Must Be
$ nil Filled In.
$ nil Insert "Nil"
$ 2.00 $ 2.00 Where
Applicable.
$ nil
, '
$ nil
$ /.00
Sworn before me at the Ci ty of Barrie
in the County of Simcoe
this 1+'" day of January 1999
MARYANNE BLANCHE COCKBURN,
n _ IJ ,9 C~m~!ssioner, etc., County of Simcoe,
1'~ lU~urn & Sr:ni.th,
for tak ing Affidavits, etCBar~lsters and Solicitors.
Property Information Record
A. Describe nature of instrument Transf~ of RARFment
B. (i) Address of property being conveyed (il available) not ass j ']JleO
aAssessment Roll No. (ilavailable) nla
ding address(es) for future Notices of Assessment under the Assessment Act for property being
~onveyed (see instruction 7)
signature(s)
Wolfgang Schroeter
For Land Registry Office Use Only
Registration No.
Registration Date
Land Registry Office No.
D. (i) Registration number for last conveyance of property being conveyed (il available)
(ii) Legal description of property conveyed: Same as in D.(i) above. Yes 0
E. Name(s) and address(es) of each transferee's solicitor
John R. Cockburn (Cockburn & Smith), P.O. Box 955,
89 Collipr street, HArrier ON rAM 4Y6
School Tax Support (Voluntary Election) See reverse for explanation
(a) Are all individual transferees Roman Catholic? Yes No
(b) If Yes, do all Individual transferees wish to be Roman Catholic Separate School Supporters? YesD No 0
(c) Do all Individual transferees have French Language Education Rights? YesD No 0
(d) If Yes, do all individual transferees wish to support the French Language School Board (where established)? Yes 0 No 0
NOTI=. Ac::. fA Ir' !:Inti (rl\ th~ bnn hninn tr::lnc.:fprrM will hP ~~c.:jnnprf to thp J:"rpn('h Pllhlir. !i:r.hool Ro;,ud or ~r.tor tlnlp.~s otherwise directed in (a) and (b).
()d4qn (q().()C))