1999-112 To accept an Easement over certain lands within the Township of Oro-Medonte
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 99- 112
Being a By-law to accept an Easement over certain lands within the Township of Oro-
Medonte
.
WHEREAS the Municipal Act, R.S.O. 1990, c.MA5, Section 191(1) authorizes the Council of a
municipality to pass by-laws for acquiring any lands required for the purposes of the
municipality;
AND WHEREAS Council deems it expedient to acquire the hereinafter described lands for the
purpose of an Easement:
NOW THEREFORE the Council of The Corporation of the Township ofOro-Medonte hereby
enacts as follows:
1. That the acquisition ofthe lands described as follows for a total consideration of $2.00 be
and is hereby authorized and approved:
East part of Lot 4, Concession 11, designated as Part 1, Plan 51R-27711,
Township of Oro-Medonte, County of Simcoe
2. That Schedule "A" attached hereto forms part ofthis By-law.
3. 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.
4. That this By-law shall come into force and effect on the date of its passing.
By-law read a first and second time this 20th day of October, 1999.
By-law read a third time and finally passed this 20th day of October, 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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REGISTRY
GRANT AND TRANSFER OF EASEMENT
BETWEEN:
JOHN WILLIAM DUDDY
hereinafter called the "Transferor"
- and-
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
hereinafter called the "Transferee"
WHEREAS the Transferor is the registered Owner of the land and premises, more particularly
described in Schedule "A" attached, (hereinafter called "the Tract") and;
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 and transfer unto the Transferee, its successors and
assigns, the exclusive right and easement in, over, along, upon, under and through the
Tract, (more particularly described in schedule "A" attached hereto); to lay down,
construct, operate, maintain, inspect, patrol, alter, remove, replace, reconstruct, repair a
closed pipe storm water drainage system on a year round basis.
2. Ri~ht of In~ress and E~ress
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 purpose, 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. This right of ingress and egress shall be
exercised on a year round basis.
3. Terms and Conditions
The aforesaid right and easement is herein granted and transferred on the following terms.
a) Rights of Transferor
The Transferor shall have the right to use and enjoy the Tract including without limitation:
I.
the right to construct such works as the Transferor may be obligated to construct
pursuant to any Agreement or Undertaking given to the Transferee;
the right to repair its existing drains and fences, except as may be necessary for
any of the purposes hereby granted and transferred to the Transferee;
provided however, that without the prior written consent of the Transferee the
Transferor shall not, after construction of the works, remove, or permit to be
removed, any soil from the tract nor shall the Transfer excavate, drill, install, erect
or permit to be excavated, drilled, installed or erected in, over, upon, under, or
through the Tract, any pit, well, foundation, pavement, building, tree, shrub or
other structure or installation;
II.
III.
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IV notwithstanding the foregoing, the Transferor upon request
shall consent to the Transferee repairing the existing drain
provided that before commencing any of the work the Transferee
.
(i) shall give the Transferee ten (10) days notice of the work to be carried out;
(ii) shall exercise a high degree of care in carrying out such work, and;
(iii) shall perfonn any such work in such a manner as not to endanger or
damage any municipal works therein.
b) Transferee's Rights Not To Be Interrupted
The Transferee perfonning and observing the convenants and conditions on its part to be
observed and perfonned, shall any 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;
provided, however, that the Transferee's rights shall not be exercised during the months of
May, June, July, August and September.
c) Additional Documents
The Transferor will, if so requested by the Transferee, 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.
d) Condition of Easement Tract
The Transferee convenants after the perfonnance of any work on the Tract, to restore the
surface of the Tract as far as practicable to the same condition as it was prior to the
commencement of any work perfonned by the Transferee.
e) Notices
All Notices to be given hereunder may be given by registered letter addressed to:
Transferee at: P.O. Box 100, Oro, Ontario, LOL 2XO
Transferor at: RR #3, Coldwater, Ontario, LOK 1EO
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.
4. Covenants Runnin~ 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
convenant running with the Tract.
b) The right and easement herein granted and transferred are declared to be
appurtenant to and for the benefit of the lands of the Transferee more particularly
described in Schedule "B" hereto.
e 5. Successors and Assiens
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
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or the Party or Parties hereto so require, and the rest of the sentence shall be construed as
if the grammatical and tenninological changes thereby rendered necessary had been made.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals on the
following dates:
a) By the Transferor on the
b) By the Transferee on the
SIGNED, SEALED AND DELIVERED )
in the presence of )
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day of
day of
, 1999.
,1999.
JOHN WILLIAM DUDDY
T E ORPORAT ON OF THE
T NSHIP OF ORO-M DONTE
Per:
Per:
Ian Beard, May r
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Lynda Aiken, Clerk
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SCHEDULE "A"
THIS IS SCHEDULE "A" TO THE GRANT AND TRANSFER OF EASEMENT
BETWEEN THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE AND
JOHN WILLIAM DUDDY
LANDS SUBJECT TO EASEMENT - THE TRACT
Part of East 1/2 Lot 4, Concession 11, RP51R-27711, Part 1,
Township ofOro-Medonte (formerly Township ofMedonte)
County of Simcoe
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SCHEDULE "B"
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THIS IS SCHEDULE "B" TO THE GRANT AND TRANSFER OF EASEMENT
BETWEEN THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE AND
JOHN WILLIAM DUDDY
LANDS BENEFITED BY EASEMENT
Portion of the 66 foot road allowance, lying between Horseshoe Valley Road (County Road 22)
and Wanninster Sideroad.
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Transfer/Deed of Land
Form 1 - Land Registration Reform Act
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Addlllorlal:
See '" D
Schedule
(1) Registry Ii] Land Titles D (2) Page 1 of
(3) PrQperty Block Property
Identlfler(s)
(4) Consideration
TWO
00/100 Dollars $2.00
(5) Description This is a: Property Property
Division D Consolidation D
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New Property Identifiers
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East part of Lot 4, Concession 11
designated as Part 1,R~~ Plan 51R-277ll
TQwnship of Oro-Med~mt~, Cp~ty of Simcoe
(ro r W\i (tV7 {A.lj}.(l /lJ l4.X.O /4,fe .J
Land Registrybffilbe for the Land Registry Division
of Simcoe (No. 51)
executions
Addlllonal:
See D
Schedule
(6) This (a) Redescription (b) Schedule for:
Document New Easement
Contains Plan/Sketch D Description Ii]
Additional D C1
Parties Other IlU
(7) Interest/Estate 'Transferred
~gl1X. 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
.T.he..property..being..transferred..is..not,.ordinarily..occupied..by.me.,.and..my...spou.s.e.,..who..is..not...se.parated..fr.om.me~......
as...our.Jamily.residence.....................hhh..N.
Name(s)
. < .......<.<<.................-.........................................<................................,..........
...........................................................
...N...... Date of Signature
. Y : M .: P
,... d....,.,.....,..,"",....,.i....1999.....!.04..::.~4...
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.......,.......wm...................................................................wmN...........w.........,.................,.................................'.............!...... "... ............ii............ .....
DUDDY,..John..William.............,.."................................,...,..,.........,.................
..........................................................
......,..-,...............,....'...'..."...".......................,..
....................................'......................,...,...........,..".."....................................................,..,.'-,...,..,........,...'.
Signature(s)
........................oY...........,......................................................................................................................................................'...............
Date of Signature
Y . M D
(9) Spouso(s) of Transferor(s) I hereby consent to this transaction
Name(s)
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(10) Transferor(s) Address R.R. #3 Coldwater, Ontario, LOK 1EO
for Service
(11) Transferee(s) Date of Birth
, Y : M ': D
(12) 'Transferee(s) Address P.O. Box 100, Oro, Ontario, LOL 2XO
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
Signature.,.........,.,.....................................'.'.,.,....'.."..,."."",...,,,..,...........,.,..".:... ..... ~....... .t.. ~... .:. ...~....: Signature,.............",..,.".,.....".,...,..,..........".,..".........,..,.,...,..",_".".....".,,:..... ...~.... .....:... ~...t.. .~.....
...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 ttansfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature
t: Name and Y . M D
o Ad~r~ss of . . !
I Solicitor Slgnatureh........w...........................w.............m......................""..........h"m.................W......."".Wh...:...... .......:............................
o on (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 records
<( Q) 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
g> ~~ ~ 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
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Name and
Address of
Solicitor
Date of Signature
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(15) Assessment Roll Number
of Property
(16) Municipal Address of Property
Not Assigned
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Mun.
Map . Sub. :
Par.
Signature......w.w.....w.w...,..."..........w..m~.^...^.............~'''h.....^~..,.^_....,'__w....._:. ..........,...............
Fees and Tax
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a Registration Fee
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Land Transfer Tax
Not Assigned
(17) Document Prepared by:
Randy T. Hooke
AIRD & BERLIS
Barristers & Solicitors
Suite 1800, 181 Bay Street
Toronto, Ontario
M5J 2T9
Total
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