1999-126 To authorize the transfer of an easement in favour of The Consumer's Gas Company Ltd.
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 99-126
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 i Is
jurisdiction upon such terms and conditions as may be prescribed by Council.
AND WHEREAS Council ofthe 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 ofthe 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:
Part of Block R, Registered Plan No. 863, formerly Township ofOro, now
Township ofOro-Medonte, County of Simcoe, designated as Part 1,
Reference Plan 51R-28886.
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 1st day of December, 1999.
Read a third time and finally passed this 1st day of December
, 1999.
THE CORPORATION OF THE TOWNSHIP OF ORO-NIEDONTE
!of., ~~
Mayor, Ian Beard
IJ (
~<1~ h/'~~ II~~
Clerk, Lynda Aiken
"" ..
'"
li! Province
of
,. Ontlrio
Tr!l.'1~!srlQ~~~f02tc~and
CAKEware Inc. A
(416) 367-0600
08/1993
/1} Registry [!J
(3) Property
Identifier(s)
Land Titles 0 T(2) Page 1 of
Block Property
4
pages
Additional:
See 0
Schedule
(4) Consideration
Two dollars
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(5) Description
This is a:
Property 0
Division
Dollar $ 2.00
Property 0
Consolidation
a: New Property Identifiers
~
Part of Block R, Registered Plan No. 863, formerly Township
of Oro, now Township of Oro-Medonta, County of Simcoe,
designated as Part 1, Reference Plan 51R-28886
Additional:
See 0
Schedule
Executions
Additional:
~~hedule 0
(6) This la) Redescription I (b) Schedule for:
Document New Easement I Additional
Contains Plan/Sketch 0 Description 0 Parties 0 Other ~
(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
(7) Interest/Estate Transferred
~~ Easement and Right-of-Way
.........'.'.'..._._. .......'.,.........-..._...',..'...........~..'.__............~...._..,_.......,.....N.~........._...'._.......'h".,.".,.,.. .....'.......,.'..._. ...'....,...,., "....._......~.....'.......,...'....._..'._._"._._O'.____._.,......,............,. "''0' '.'.'.'._.....'........,.._..._.....'"'..._. .".'.' _ .,.............._.'.'.'.'..,_. ......,.,.._,., ...... "......"'...,............__..".....
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"We.have.authorlty.to"6inCflhe.corpo.raHon.....".-..........
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Title: ('Iel-!c...
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Date of Signature
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"-1-1999 +30 _~l
Date of Signature
Y M D
I
Name!s)
THE CORPORATION OF THE TOWNSHIP OF
ORO-MEuON I t:
Signature!s) ~
Per: 6:(
Name~'1 1'.,.....,< ...
Title: j11"'Y6r
.
(9) Spouse(s) of Transferor/s) I hereby consent to this transaction
Name!s)
Signaturels)
~~._.............., ..._.....__......_...........__.._._..............~..._.~~..._~......h_~..........hh..._..~..._.........,........ ..... ........"....,_,.............._._. ".... .........M................."'.M_....._.........._...._...~.___..
(10) Transferor!s) Address Box 100, Oro, Ontario LOL 2XO
for Service
(11) Transferee/s) Date of Birth
Y M D
...,..-,..-..,-...,,--......-...""....
'_'_'_'.M_'_' .
.... ..f. ...............
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THE CONSUMERS' GAS COMPANY LTD. Per:
......._...."'...........M.._._..........................."...._._........._........~.~_........".........._.._..M........_..._._~._M.............__...,................. ...... ...-.................-....'.........".......-....--.-Name:.......
Title:
,
, 1999
,.-.,.......-.,-,-...
..........
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...........,..........................,-...........................-..............,,-...-.......-,
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" ....-.-.............-.............-.................-..........-"...............-"..........,....-..........
.........-.
........
....."......".............
Per:
...._..'Nam~:...... Rfch'atdtangstaff ....... ................
Title: Manager, Land Services
1999
We have the authority to bind the corporation
(12) Transferee/sl Address Attn: Land Services, P.O. Box 650, Scarborough, Ontario
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 1M D, Y.M D
Signature. I Signature I
Solicitor for Transferorlsll 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
~ belief, this transfer does not contravene that section, I am an Ontario solicitor in good standing. Date of Signature
g Name and , y 1M: D
go Address of Signature i
Solicitor
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2'; Name and
~ ~; Address of
<(;fi.c Solicitor
~
(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 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.
Date of Signature
Y M D
Signature
.
I
,
Not Assigned
Map I Sub. I Par, i
I I I Not Assigned
! 17) Document Prepared by:
The Consumers' Gas Company Ltd.
Attn: Land Services
101 Consumers Drive
Whitby, Ontario L 1N 1C4
L-24672 (WP)
III
Fees and Tax
(15) Assessment Roll Number Cty. Mun
of Property
(16) Municipal Address of Property
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5 Registration Fee
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land Transfer Ta~
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Schedule
CAKEware Inc. S
(416) 367-0600
08/1993
Page 2 of 4
Form 5 - land Registration Reform Act
Additional Property Identifier(sl andlor 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, over, upon, 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 and
all works, appurtenances, attachments, apparatus, appliances, markers, fixtures and equipment which the
Transferee may deem necessary or convenient in connection with its 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) Save and except the following conditions, the Transferee will not assign or transfer its rights
hereunder in whole or part without the express written consent of the Transferor; such consent will not be
unreasonably withheld:
a) a transfer by the Transferee of all or substantially all of its assets to a third party engaged in or to
engage in the distribution of natural and/or manufactured gas;
b) a corporate reorganization of the Transferee; or
c) a transfer by the Transferee to an affiliated Corporation.
(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,
which consent shall not be unreasonably withheld, place or erect on the Easement Lands any building, structure
or fence and shall not excavate, drill, install thereon any pit, well, or foundation which will obstruct or prevent
the exercise and enjoyment by the Transferee of its rights hereunder. None of the provisions of this Easement
shall be interpreted to interfere with the normal maintenance of the Easement Lands by the Transferor,
provided however that the Transferor shall not be obligated to engage in such maintenance,
(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 any 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,
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Schedule
CAKl:ware Inc. S
(416) 367-0600
08/1993
Page 3 of 4
Form 5 - land Registration Reform Act
Additional Property Identifierfsl and/or Other Information
(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).
(10) Whenever the singular or neuter is used it shall, where necessary, be construed as if the plural
or feminine or masculine has been used and vice versa, as the case may be.
(11) This easement shall be deemed to have expired and no longer in force an affect immediately
upon the Easement Lands being dedicated by registered By-law as a public road or deemed as a public road.
TRANSFEREE'S LANDS
FIRSTL Y:
In the Township of Innisfil in the County of Simcoe and being composed of that part of the south half of Lot 2,
Concession 8 in the said Township designated as Part 4 on a Plan deposited in the Registry Office for the
Registry Division of Simcoe as No. 51 R-4435.
SECONDLY:
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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kefer fo all instructions on reverse side. Form 1 - Land Transfer Tax Act
I~ THE MATTER OF HiE CQNYEYANCE OF Ilns6j;Jbrleftf, scrlpt/PlJ..qflllndl Part of Block R, Registered Plan No. 863, formerly Township of
ro, now Townshl of Oro-Medonte, \,;oun Of ;)lmCOe, desl nated as Part 1, Reference Plan 51R-28886
BY Iprint names of al/transferors in ful/I The Corporation of the Township of Oro-Medonte
TO Isee Instruction t end print names of aI/transferees In fullJ The Consumers' Gas Company Ltd.
I, Isee Instruction 2 and print namelslln fulll Walter J. Tkach
MAKE OATH AND SAY THAT:
1. I am Iplace a clear mark within the square opposite that one of the fol/owlng paragraphs that describes the capacity of the depanentlsJJ: Isee ins/ruc/lon 2J
_0 (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-desc/ibed conveyance to whom the land is being conveyed;
(c) A transferee named in the above-described convevance;
00 (d) The authorized agent or solicitor acting in this transaction for (insert name(s! of prlnclpal(sl! The Consumers' Gas Company Ltd.
desclibed in paragraph(s) (~, (~, (c) above; (strike out references to inapplicable paragraphs!
o (e) The President, Vice-President, Manager, Secretary, Ditector, or Treasurer authorized to act for (insert namels! of corporationlsl!
described In paragraph(s) (a), (b), (c) above; (strika out references to inapplicllble paragraphs!
) Ilnsert only one of paragraph lal, IbJ or Icl above, as app//cab/el and am making this affidavit on my own behalf and on
o (I) A transferee described in paragraph (
behalf of (insert name of spouse! who is my spouse described
in paragraph ( ) (insert only one of pllragraph (a), (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 vlllue of the considererlon for tha conveyance exceeds $400,000),
I have read and considered the definition of "single famify 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 consideration 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-resident 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 Ishow principal end Interest to be credited against purchase prlcel $
(ii) Given back to vendor.. $
(c) Property transferred in exchange (deraIl belowl..............................................................................,...... $
(d) Secu,ities transferted to the value of Idet81l below)............................................................................. $
fe) Liens, legacies, annuities and maintenance charges to which ttansfet is subjact......................... $
(f) Other valuable considetation subject to land ttansfet tax Idetall below) ............................................ $
(g)
2.00
nil
nil
nil
nil
nil
nil
All Blanks
Must be
Filled/n.
VALUE OF LAND, BUilDING, FIXTURES AND GOODWill SUBJECT TO
LAND TRANSFER TAX (Total of (e/ to (fI/ ...............................................................,.......................... $
(h) VALUE OF ALL CHATTELS - items of tangible personal ptoperty
IRetail Sales Tax Is payable on the value of aI/ chattels unleS!< exempt under
the provisions of the .Retall Sale$ Tax Act., R.S,O. 1980, c.454, 8$ amtN7dedJ
Other consideration for ttansaction not included in (g) or (h) ..above........................................................................................... $
TOTAL CONSIDERATION ...... ....... ............... .................... .......,.......... ........ ........... ......... ........................ .............. ........ ................... ..... $
2.00
2.00
Insert 'Nil"
Wher'e
nil
nil
2.00
Applicable.
(i)
(j)
5. If consideration is nominal, describe relationship between transferor and transferee and state purpose of conveyance. Isee instruction 61
N/A
6. If the consideration is nominal, is the land subject to any encumbrance? N/A
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 99
A Commissioner for taking Affidavits, etc,
Walter J. Tkach signaturelsl
Transfer of Easement
A, Describe nature of insttument:
B, (i) Address of ptoperty being conveyed lif avallab/el Not Assigned
For Land Registry Office Use Only
Registration No,
Property Information Record
_ii) Assessment Roll No. lif availableJ Not Assigned
Aailing address(es) fot futute Notices of Assessment u~der the Assessment Act for property being
d (. . 7) Attn: Land ServIces, P.O. Box 650, Scarborough,
conveye see Instruction -
Ontario M1 K 5E3
N/A
No 0 Not Known
Registration Date
Land Registry Office No.
D. (i) Registration numbet fat last conveyance of property being conveyed lif avallablel
(Ii) legal description of property conveyed; Same as in D,1i) above, Yes 0
[]I
E.
Name(s) 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 M5J 2T9 (L-24672 wp)
School Tax Support (Voluntary Elactlon) See 'everse for explanatIon
(a) Are all individual transfetees Roman Catholic 7 Yes 0 No 0
(b) If Yes. do all individual transferees wish to be Roman Catholic Separate School Supporters 7 Yes 0 No 0
(c) Do all individual transferees have French language Education Rights? Yes 0 No 0
(d) If yes, do all individuel transferees wish to support the French language School Board (whete established)? Yes 0 No 0
NOTE; As to (c) and (d) the land being transfelted will be assigned to the Ftench Public School Board or Sector unless otherwise directed in (al and (bL