1999-060
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 99-60
Being a By-law to authorize the transfer of an easement in favour of BeU Canada
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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 telecommunications facilities, currently located under a
highway within the jurisdiction of the Township ofOro-Medonte.
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 ofBell Canada,
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 MunicipaJity and
described as follows:
Part of the East Part of Lot 1, Concession 1, E.P.R., Township ofOro-Medonte
(formerly Township ofOro), County of Simcoe, designated as Part 1 on
Reference Plan 51R-27293.
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 16thday of June , 1999.
Read a third time and finaUy passed this 16th day of June , 1999.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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Mayor, Ian Beard
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Clerk, Lynda Aiken
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~J;> Transfer/Deed of Land
Form 1 - Land Registration Reform Act
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968-T/DL (95-11) A
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(1) Registry [XI Land Titles D (2) Page 1 of 3 pages
(3) Property Block Property
Identifier(s) Additional:
See D
Schedule
(4) Consideration
'TWo Dollars $ 2.00
(5) Description
This is a: Property Property
Division D Consolidation D
Part of the East Part of Lot 1, Concession 1, E.P.R.,
Township of Oro-Medonte (Geographic Township of Oro),
County of Simcoe, designated as Part 1 on
Reference Plan 51R-27293
a New Property Identifiers
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Additional:
See D
Schedule
Executions
Additional:
See D
Schedule
(6) This (a) Redescription (b) Schedule for:
Document New Easement
Contains Plan/Sketch 00 Description D
Additional
Parties D Other [XI
(7) ~state Transferred
Transfer of Easement
(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
Name(s)
'IRE CORPORATION OF 'IRE TOWNSHIP OF
Signature(s)
Date of Signature
Y M D
1999
Iariq Beard, Mayor
ORO~MEJX)NTE
Lynda "Aiken;'" Clerk'
1999
he authorit to bind the Co ration.
(9) Spouse(s) of Transferor(s) I hereby consent to this transaction
Name(s) Signature(s)
Date of Signature
Y M D
(10) Transferor(s) Address
for Service
(11) Transferee(s)
Oro ON LOL 2XO
Date of Birth
Y M D
(12) Transferee(s) Address
for Service
(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 D
Signature Signature
...J 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
o belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature
i= Name and Y M D
~ Address of
I Solicitor
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(14)
Signature
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 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.
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(f)
Name and
Address of
Solicitor
Date of Signature
Y M D
Signature
(15) Assessment Roll Number
of Property
(16) Municipal Address of Property
not assigned
not assigned
(17) Document Prepared by:
Lynda Aiken, Clerk
Tovmship of Oro-J\1edonte
P.O. Box 100
Oro, ON LOL 2XO
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Fees and Tax
Land Transfer Tax
Total
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Schedule
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Form 5 - Land Regiltl'lltlon Reform Act. 1984
Page
Additional Property Identifler(l) and/or Other In'ormatlon
WHEREAS the Transferee is the owner in fee simple of those lands and premises (the "Transferee's lands")
being composed of Parts of Town Lots 5 and 6 on the North side of Adelaide Street West according to the Plan of the Town of
York and designated as Parts 1 and 2, Plan 63R-54S, City of Toronto, Municipality of Toronto.
I WHEREAS the Transferor is the owner in fee simple of lands described as Part of the East Part of Lot 1,
1 Concession 1, E.P.R., Township of Oro-Medonte (Geographic Township of Oro), County of Simcoe, designated as Part Ion
Aference Plan 51R-27293 (the "Property").
_ THE TRANSFEROR grants and transfers to the Transferee, its successors and assigns to be used and
enjoyed as appurtenant to the Transferee's lands a free and unencumbered Easement (the "Easement") in perpetuity upon,
over, in, under and across lands more particularly described in box 5 on Page 1 attached (the "Easement Lands"):
1. the right to construct, operate, maintain, repair, replace, renew, or make additions at all times to telecommunications
facilities (the "Facilities") or any part thereof forming part of continuous lines between the Transferee's lands and
other lands including, without limitation, all necessary cable and wires (both buried and aerial), conduits, conduit
structures, markers, poles, anchors, guys, maintenance holes, fixtures, equipment, and all appurtenances thereto.
2. the right of free and unimpeded access at all times to the Transferee, its contractors, agents, employees, vehicles,
equipment, and supplies to and over the Easement Lands.
3. the right of free and unimpeded access at all times to the Easement Lands from and over the Property or abutting
road allowances or abutting rights of way for the purpose of exercising the rights hereby granted.
4. The right to remove, trim, sever, or fell any obstructions such as trees, roots, brush, stumps, boulders or rock
encountered during the course of construction or subsequent maintenance of the Facilities.
THE TRANSFEROR shall:
1. have the right to fully use and enjoy the Easement Lands provided that without the prior written consent of the
Transferee, such consent not to be unreasonably withheld, the Transferor shall not place any buildings or other
structures within the Easement Lands and shall not dig, drill, pave or excavate within the easement lands to such an
extent so as to disturb the Transferee in its possession.
2. have the right to use and occupy the Easement Lands for any and all municipal purposes, subject to the restrictions
set out in Paragraph 1 above.
3. have the right to construct a trail across the Easement Lands for recreational purposes subject to the restrictions set
out in paragraph 1 above.
THE TRANSFEREE shall:
1. be responsible for any damage caused at any time by its agents or employees to the Property. As soon as possible,
the Transferee, after any of its activities, shall restore the Property appropriately. The subsequent maintenance of the
Property shall be the responsibility of the Transferor.
2. indemnify and save the Transferor harmless from all actions, causes of actions, suits, claims and demands of every
nature and kind whatsoever which may be made against the Transferor relating to or arising out of the placement of
the Facilities by the Transferee and for which the Transferee, in law, is responsible. However in no event shall the
Transferee be liable for any indirect, special, incidental or consequential damages even if it has been advised of the
possibility thereof.
3. at its sole discretion, be permitted to attach, or permit the attachment of, wires, cables and equipment of any other
company or commission for the purposes only of supplying a service to the public.
NOTWITHSTANDING any rule of law or equity and even though any of the Facilities may become
annexed or affixed to the Easement Lands, title to the Facilities shall nevertheless remain in the Transferee.
THIS AGREEMENT including all rights, privileges, and benefits herein contained shall extend to, be
binding upon, and enure to the benefit of, the parties hereto and their respective heirs, executors, administrators, successors
and assigns.
I THE TRANSFEREE, in the event it grants a release of Easement, shall at the request of the Transferor
llllimove all Facilities annexed/ affixed to the Easement Lands.
. Per:
Date of Signature
Per:
Date of Signature
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SC601H 8/1992 Document l.cenced to Bell Canada. R.ght of Vlay. Sudbury. Ontana" i. i enc n 0 a ue 0 e on51 era Ion
Refer to all instructions on reverse side. 968-LTTA (95-11) Form 1 -land Transfer Tax Act
IN TH E MATTER 0 F THE CONVEYANCE OF (inseft brief description of/and'
Part of the East Part of Lot 1r ConceSSlon 1, S.P.R., Township of Oro-Hedonte (Geographic
T~wn.~~~~,f Oro) , County of Simcoe, designated as Part 1 on Reference Plan 51R-27293
BY (print names of all transferors in full) ~CorDOration of the Township of Oro-Mpoontp
TO (see instruction 1 and print names of all transferees in full)
-'_._..__.-._._---_..~,-"".~._~~~
1. (see instruction 2 and print name{s) in full)
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MAKE OATH AND SAY THAT:
_am (place a clear mark W.ithin the square opposite that one of the following paragraphs that describes the capacity of the deponent(s)):
(a) A person In trust for whom the land conveyed in the above-described conveyance is being conveyed;
o (b) A trustee named In the above-described conveyance to whom the land is being conveyed:
o (c) A transferee named in the above-described conveyance;
!XJ (d) The authorized agent or sOlicitor acting in this transaction for (innft name(s) of principal(s}} Bell Canada
{see instruction 2}
described in paragraph{S) (a). (b). (c) above; (strike out references to inapplicable paragraphs)
o (e) The President, Vice. President. Manager. Secretary. Director. or Treasurer authorized to act for (insert name(s) of corporation{s))
described in paragraph(s) (a). (b). (c) above; (strike out references to inapplicable paragraphs)
o (f) A transferee described in paragraph ( ) (insert only one of paragraph {a}, (b) or (c) above, as applicable) and am making this affidavif on my own behalf and on
behalf of (insert name of spouse) who is my spouse described
in paragraph ( ) (insert only one of paragraph (a), (b) or (e) 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 $400,000).
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 conlalns at least one and not more than two single family residences.
o does not contain a single family residence.
o contains more than two single family residences, (see instruction 3)
Note: 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 conveyance
contains at leasf one and nof more than two single family residences.
3. I have read and considered the definitions of "non-resident corporation" and "non-resident person" set ouf respecfively In clauses 1 (1)(f) and (g) of the Act
and each of the following persons fo whom or in frusf for whom the land is being conveyed in fhe 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) $
(Ii) Given back to vendor $
(c) Property transferred in exchange (detail below) $
(d) 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) $
2.00
nil
nil
All Blanks
Must Be
nil
Filled In.
Insert ~Nil.
(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
(Retail Sales Tax j. payable on the value of all chattels unless exempt under $ nil
the provi.ions of the ~Retail Sales Tax Act", R.S.O, 1980, c.454, as amended)
(i) Other considerafion for transaction not included in (g) or (h) above . , $
(i) TOTAL CONSIDERATION $ 2.00
5. If consideration is nominal. describe relationship between transferor and transferee and state purpose of conveyance. (see instruction 6) 'The
i'lrp not related. Transfer is an easement fran a municipality to an utility.
$
2.00
$
2.00
Where
Applicable
parb es
6, If the consideration is nominal. is the land subject to any encumbrance?
7. Other remarks and explanations. if necessary.
~
Sworn before me at the
in the I
this day of 19
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A Commissioner for taking Affidavits. etc. aignature{s)
Property Information Record For Land Registry Office Use Only
A Describe nature of mstrument: Transfer of F.asement Registration No.
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B (i) Address of property being conveyed (if available) ..'
iI) Assessment Roll No. (if available) ,.,/;:,
Mailing addreSS(es) for future NOtiC!S of Assessment under the Assessment Act for property being
n. a Registration Date ILand Registry Office No.
conveyed (see instruction 7)
.._-~_..~._--
D (I) Registration number for last conveyance of property bemg conveyed (if aV81/able)
(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
n/i'l
No IKJ
Not known 0
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School Tax Support (Voluntary Election) See reverse 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 fransferees wish to support the French language School Board (where established) ? Yes 0 No 0
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