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2014-090 Easement Agreement with Ronald McCowanThe Corporation of the Township Of Oro - Medonte By -law No. 2014 -090 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 Nos. 2010 -205 and 2012 -202 Whereas pursuant to Section 11 of the Municipal Act, 2001, S.O. 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 and registered on title; And Whereas Council of the Township of Oro - Medonte did grant an easement over Part Lot 2, Range 2 (Oro), designated as Part 3 on Plan 51 R- 38590, in accordance with the Minutes of Settlement and pursuant to By -law No. 2012 -202, which was not registered on title; And Whereas Council of the Township of Oro - Medonte and Ronald McCowan negotiated a revised easement over Part Lot 2, Range 2 (Oro), designated as Part 1 on Plan 51 R- 39333; Now Therefore the Council of the Township of Oro - Medonte hereby enacts as follows: 1. That an easement be granted over Part Lot 2, Range 2 (Oro), designated as Part 1 on Plan 51 R -39333 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 registered on title as Instrument SC885778 is hereby released and abandoned. 4. That By -law Nos. 2010 -205 and 2012 -202 are hereby repealed in their entirety. 5. This by -law shall take effect on the final passing thereof. By -Law read a First, Second and Third time, and Passed this 18th day of June, 2014. The Copporation of the Township Of Oro - Medonte Mayor, Fi;,S: . ghes J: ►DoggWs Irwin EASEMENT AGREEMENT Made this ist day of May, 2014. 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 1 on Plan 51R- 38333, 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 (Oro), designated as Part 3 on Plan $I R-4441, Township of Oro- Medonte, County of Simcoe (being the whole of P.LN. 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: 1. The Township hereby transfers to the Transferee the free uninterrupted right and easement to pass freely and without disruption, in, on, under, along, upon and through the portion off 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 ail 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 Para 1 as shown on Flan 61 R -39333 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 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 1 as :shown on Plan 5'IR- 39333, and beginning at the boundary with Part 8 on 'Plan 51R­3758& and, ending at the boundary of Part 3 on Plan 51.R -37583 (the "Fence "). No gate shall be constructed where.the fence meets Bay Street and an opening in the fence is required where the.fence meets Part 3mon Plan 51 R- 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 2 and Part 3 on Plan 51R -39333 are re- conveyed to the Township, the Township reserves the right to remove all or part of the Fence. 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 telecornmunicatio,ns and hydro - electric services, within the limits of Part 1 on Plan 51R-39333, 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,Townshlp as an., insured party. 8 All easement agreements between the Transferee and the Township over the Easement hands 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 a ecuted this Agreement at the Township of Oro - Medonte, County of Simcoe, this j day of D 2014 by their signing officers duly authorized in that regard. THE CORPORATION OF THE RONALD MCCOWAN RONALD CCOWAN LRO # 51 Transfer Easement The applicant(s) hereby applies to the Land Registrar. Properties Receipted as SC1138668 on 2014 06 23 at 12:02 yyyy mm dd Page 1 of 2 PIN 58555 - 0018 LT Interest/Estate Easement ❑✓ Add Easement Description SERVIENT LANDS - PART OF PIN 58555 -0018, BEING PT LT 2, RANGE 2 (ORO), DESIGNATED AS PT 1 ON PLAN 51 R- 39333; ORO- MEDONTE DOMINANT LANDS - PIN 58555 -0014, BEING PT LT 2, RANGE 2, (ORO), PT W PT LT 1 RANGE 2 (ORO) DESIGNATED AS PART 3 ON PLAN 51R -4441, ORO- MEDONTE Address SHANTY BAY Consideration Consideration $ 2.00 I Transferor(s) The transferor(s) hereby transfers the easement to the transferee(s). Name THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Address for Service 148 Line 7 South Oro - Medonte, ON LOL 2EO This document is not authorized under Power of Attorney by this party. This document is being authorized by a municipal corporation by its Mayor, H.S. Hughes, and its clerk, J. Douglas Irwin.. Transferee(s) Name Date of Birth Address for Service MCCOWAN, RONALD 1955 09 04 2243 Ridge Road West Shanty Bay, ON LOL 21-0 I Statements Schedule: See Schedules I Signed By Klaus Nick Jacoby Tel 7057260238 Fax 7057269197 Capacity Share 34 Clapperton St., P.O. Box 350, acting for Signed 2014 06 23 Stn. Main Transferor(s) Barrie L4M 4T5 I have the authority to sign and register the document on behalf of the Transferor(s). Murray Joel Hart Tel 416- 597 -9922 Fax 416- 597 -3370 480 University Ave, # 1600 acting for Signed 2014 06 23 Toronto Transferee(s) M5G 1V2 I have the authority to sign and register the document on behalf of the Transferee(s). LRO # 51 Transfer Easement The applicant(s) hereby applies to the Land Registrar. Submitted By Receipted as SC1138668 on 2014 06 23 at 12:02 yyyy mm dd Page 2 of 2 JACOBY & JACOBY, BARRISTERS & SOLICITORS 34 Clapperton St., P.O. Box 350, 2014 06 23 Stn. Main Barrie L4M 4T5 Tel 7057260238 Fax 7057269197 Fees /Taxes /Payment Statutory Registration Fee $60.00 Provincial Land Transfer Tax $0.00 Total Paid $60.00 File Number Transferor Client File Number: J K- 18,524 Transferee Client File Number: 131494 LAND TRANSFER TAX STATEMENTS In the matter of the conveyance of: 58555-0018 SERVIENT LANDS -PART OF PIN 58555 -0018, BEING PT LT 2, RANGE 2 (ORO), DESIGNATED AS PT 1 ON PLAN 51 R- 39333; ORO- MEDONTE DOMINANT LANDS - PIN 58555 -0014, BEING PT LT 2, RANGE 2, (ORO), PT W PT LT 1 RANGE 2 (ORO) DESIGNATED AS PART 3 ON PLAN 51R -4441, ORO- MEDONTE BY: THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE TO: MCCOWAN, RONALD %(all PINs) 1. MCCOWAN, RONALD Iam ❑ (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; ❑ (d) The authorized agent or solicitor acting in this transaction for described in paragraph(s) U above. ❑ (e) The President, Vice - President, Manager, Secretary, Director, or Treasurer authorized to act for described in paragraph(s) U above. ❑ (f) A transferee described in paragraph () and am making these statements on my own behalf and on behalf of who is my spouse described in paragraph U and as such, I have personal knowledge of the facts herein deposed to. 3. The total consideration for this transaction is allocated as follows: (a) Monies paid or to be paid in cash 2.00 (b) Mortgages (i) assumed (show principal and interest to be credited against purchase price) 0.00 (ii) Given Back to Vendor 0.00 (c) Property transferred in exchange (detail below) 0.00 (d) Fair market value of the land(s) 0.00 (e) Liens, legacies, annuities and maintenance charges to which transfer is subject 0.00 (f) Other valuable consideration subject to land transfer tax (detail below) 0.00 (g) Value of land, building, fixtures and goodwill subject to land transfer tax (total of (a) to (f)) 2.00 (h) VALUE OF ALL CHATTELS - items of tangible personal property 0.00 (i) Other considerations for transaction not included in (g) or (h) above 0.00 0) Total consideration 2.00 :9 Explanation for nominal considerations: o) Transfer of easement or right of way for no consideration. 5. The land is not subject to an encumbrance PROPERTY Information Record A. Nature of Instrument: Transfer Easement B. Property(s): C. Address for Service: LRO 51 Registration No. PIN 58555 - 0018 Address 2243 Ridge Road West Shanty Bay, ON LOL 21-0 SC1138668 Date: 2014/06/23 Assessment - SHANTY BAY Roll No D. (i) Last Conveyance(s): PIN 58555 - 0018 Registration No. SC900785 (ii) Legal Description for Property Conveyed : Same as in last conveyance? Yes ❑ No ❑✓ Not known ❑ E. Tax Statements Prepared By: Murray Joel Hart 480 University Ave, # 1600 Toronto M5G 1V2