2012-202 Easement Agreement - McCowanTHE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2012 -202
A By -law to Authorize the Execution of an Easement Agreement
Between
The Corporation of the Township of Oro - Medonte
And Ronald McCowan
And to Repeal By -law No. 2010 -205
WHEREAS pursuant to Section 11 of the Municipal Act, 2001, S. 0. 2001, c.25, as
amended, Council is empowered to pass by -laws respecting highways;
AND WHEREAS Council of the Township of Oro - Medonte did grant an easement over
Part Lot 2, Range 2 (Oro), designated as Part 5 on Plan 51 R- 37583, for the purpose of
residential access to Ronald McCowan, pursuant to By -law No. 2010 -205 and
registered on title as Instrument SC885778;
AND WHEREAS Council of the Township of Oro - Medonte executed Minutes of
Settlement on August 15, 2012, with respect to OMB File No. PL111324;
AND WHEREAS the aforementioned Minutes of Settlement provide that the existing
easement registered on title as Instrument SC885778 shall be released and abandoned
and deleted from title and a new easement shall be granted over Part Lot 2, Range 2
(Oro), designated as Part 3 on Plan 51 R- 38590, and registered on title;
NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as
follows:
That an easement be granted over Part Lot 2, Range 2 (Oro), designated as Part
3 on Plan 51 R -38590 in form and content as provided herein.
2. That the Mayor and Clerk be authorized to execute the Easement Agreement
between The Corporation of the Township of Oro - Medonte and Ronald
McCowan, said agreement attached hereto as Schedule "A" and forming part of
this by -law.
3. That the easement over Part Lot 2, Range 2 (Oro), designated as Part 3 on Plan
51 R -38590 shall be registered on title upon receipt of confirmation of withdrawal
of OMB File No. PL111324.
4. That the easement registered on title as Instrument SC885778 is hereby
released and abandoned.
5. That By -law No. 2010 -205 is hereby repealed in its entirety.
6. This by -law shall take effect on the final passing thereof.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 28TH DAY
OF NOVEMBER, 2012.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
EASEMENT AGREEMENT
Made thisate of 2012
BETWEEN:
THE CORPORATION OF THE
TOWNSHIP OF ORO- MEDONTE
(hereinafter called "the Township ")
- and -
RONALD McCOWAN
(hereinafter called "the Transferee ")
WHEREAS the Township is the owner of an unopened Road Allowance described as Part Lot 2, Range 2
(Oro), designed as Part 3 on Plan 51R- 38590, Township of Oro - Medonte, County of Simcoe (being part
of P.I.N. 58555 - 0018 (LT) (hereinafter called "the Easement Lands ");
AND WHEREAS the Transferee is the owner of the property described as Part Lots 1 and 2, Range 2,
(Oro), designated as Part 3 on Plan 51R -4441, Township of Oro - Medonte, County of Simcoe (being the
whole of P.I.N. 58555 -0014 (LT) (hereinafter called "the Dominant Lands ");
AND WHEREAS the Transferee has requested an Easement from the Township over the Easement
Lands;
NOW THEREFORE in consideration of the covenants herein contained, and other good and valuable
consideration, the Township and the Transferee hereto covenant and agree as follows:
The Township hereby transfers to the Transferee the free uninterrupted right and easement in,
on, under, along, upon and through the portion of the Township's lands described above (the
"Easement Lands ") for the purpose of residential access and egress to and from the Dominant
Lands for so long as the Dominant Lands consist of one (1) residential lot. Any severance of the
Dominant Lands would bring all easement rights granted hereunder to an end and the
Easement would be terminated.
2. The Transferee acknowledges that the Easement Lands are not an assumed public road and the
Township does not now, nor in any way will it be required by entering into this Agreement to
maintain or keep the Easement Lands clear. The year round maintenance and clearing of the
Easement Lands shall be the responsibility of the Transferee at his sole expense. There shall be
no obligation on the Township to take over or assume the Easement Lands as a public Township
Road.
3. The Transferee shall at his own expense and risk, maintain an access road wholly within the
limits of Part 3 as shown on Plan 51R-38590 and the construction of a minimum road
construction standard of 150 mm granular gravel and 7 metres in width throughout or such
smaller width to the satisfaction of the Acting Fire Chief. All brush must be cut back by the
transferee so as not to encroach onto the road for an elevation of no less than 4 metres from the
top of the finished road.
4. The Transferee shall, at his sole expense and risk, construct a fence, made of wrought iron
material and of a high quality design and finish, wholly within the limits of Part 3 as shown on
Plan 5113-38590, parallel to Part 1 and Part 2 on Plan 51 R -38590 and within 1 metre of the
boundary with Part 1 and Part 2 on Plan 51 R -38590 and beginning at the boundary with Part 8
on Plan 51R -37583 and ending at the boundary of Part 3 on Plan 51R -37583 (the "Fence ") as
identified on the drawing attached as Schedule "A ". No gate shall be constructed where the
fence meets Bay Street and an opening in the fence is required where the fence meets Part 3 on
Plan 51R-37583. The Transferee shall keep the fence in good repair and shall maintain and
replace the Fence, as necessary, at its sole cost and expense. The Transferee acknowledges
he will not make a claim against the Township or the adjacent landowner for any damage to the
fence, such as from tree damage. The Transferee acknowledges and agrees that
notwithstanding the Fence, the Township remains the sole owner of the Easement Lands and,
by operation of law, the construction of the Fence does not in any way provide the Transferee
with a current or future claim for adverse possession over the Easement Lands or any portion
thereof. The Transferee acknowledges that the maximum height of the Fence in accordance
with the Township's Zoning By -law 97 -95, as amended, is 1.8 metres (5.9 feet).
5. In the event that Part 1 and Part 2 on Plan 51R-38590 are re- conveyed to the Township, the
Township reserves the right to remove all or part of the Fence.
6. In addition to the forgoing easement rights, the Township agrees to the granting of such further
easement rights for the installation of underground utilities, including lines for natural gas,
telephone, cable telecommunications and hydro - electric services, within the limits of Parts 1, 2
and 3 on Plan 51 R- 38590, the location of which shall be pre- approved in writing by the
Township. All costs associated with the granting thereof to another approval authority, if
required, including survey and legal costs, and all design and installation costs, shall be borne by
the Transferee.
7. The Transferee shall upon execution of this Agreement, and on or before the yearly anniversary
date of this Agreement, provide the Township with proof of liability insurance for himself, his
agents and invitees, in the amount of at least $5,000,000.00 over the Easement Lands and
naming the Township as an insured party.
8. All easement agreements between the Transferee and the Township over the Easement Lands
and the Dominant Lands and any portions thereof, dated prior to the date of this agreement, are
void.
9. The Transferee agrees that all legal and administrative costs incurred by the Township in the
registration of this Agreement shall be borne by the Transferee.
IN WITNESS WHEREOF the Parties hereto have execut d this Agreement at the Township of Oro -
Medonte, County of Simcoe, this day 2012 by their signing officers duly
authorized in that regard.
THE CORPORATION OF THE
RONALD MCCOWAN
RONALD MCCOWAN
tq/
c�
t ^s
tc;
ii
51 ,�"
ice/ r•�4 �� �
i
6
a hw
9mQoz R
504M AE "A"
s
--
--Imi
pig
's
i�
3 a
_ t
tq/
c�
t ^s
tc;
ii
51 ,�"
ice/ r•�4 �� �
i
6
a hw
9mQoz R
504M AE "A"
1
1
1
1
1
1
t'
t
1
1 yss"�
44\
Pt
r
o 'e , r°
\
\ !
\
\
\ s{
\ 1
1
k \
1
\
\j \
s
--
--Imi
y�yyS
m
3
fill
$ESE
@figs
INN
12
�` ggg yy
6 E3B
1
1
1
1
1
1
t'
t
1
1 yss"�
44\
Pt
r
o 'e , r°
\
\ !
\
\
\ s{
\ 1
1
k \
1
\
\j \
y�yyS
INN