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1995-067 To Assume certain Sewer Services in the Municipality pursuant to paragraph 210 (84) of the Municipal Act, R.S.O. 1990, C. M. 45 ~ " . THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 199'i-fi7 BEING A BY-LAW TO ASSUME CERTAIN SEWER SERVICES IN THE MUNICIPALITY PURSUANT TO PARAGRAPH 210 (84) OF THE MUNICIPAL ACT, R.S.O. 1990, C. M.45 .WHEREAS Paragraph 210 (84) of the Municipal Act, R.S.O. 1990, c.M.45 provides that a Municipality may pass by-laws for establishing, acquiring, operating and maintaining sewage works, and for regulating the operation and maintenance thereof; AND WHEREAS Council deems it to be in the interests of the Municipality to acquire certain sewage works located on the lands more particularly described in Schedule "A" to this by-law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE HEREBY ENACTS AS FOLLOWS: 1. The sewage system located on the lands described in Schedule "A" attached hereto, including all tile field distribution systems, connections and appurtances, shall be acquired from the registered owners of the those lands lands, free and clear of any encumbrances. 2. The Municipality accept a deed for the lands which are firstly described in Schedule "A" attached hereto from the registered owner thereof, in the form of the deed attached hereto as Schedule "B", for the purpose of acquiring, operating and maintaining the sewage works located thereon. 3. The Municipality accept an easement over the balance of the lands described in Schedule "A" attached hereto from the registered owners thereof, in the form of the easement documents attached hereto as Schedule "C", for the purpose of acquiring, operating and maintaining the sewage works located thereon. 4. The Mayor and Clerk are hereby authorized to sign all documents and do all other things which are necessary to carry out the intent of this By-law. BY-LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED ON THE 5TH DAY OF JULY, 1995. " // )<7" /" G 1/4:'0_''" /::_> "'""""~""/ C./"." Ian Beard, Mayor ~A <-IlAe/, JcJ::Y/Y ~7 ' ~ar ene Shoebridge, Clerk . " 'f DESCRIPTION Firstly: . Secondly: Thirdly: SCHEDULE "A" Part of Parcel Plan-1, in the Register for Section M-I0, designated as Block A, Plan M-I0, Township of Oro-Medonte (formerly Township of Medonte), County of Simcoe, together with an easement over a portion of Lot 77, Plan M-1l, designated as Part 3, Plan 5lR-22347 as described in Instrument Number 205683 in favour of the owner of that portion of Block A, Plan M-I0, designated as Part 2, Plan 5lR-22347. Part of Parcel 1-3, Section 51-Med-4, being part of the west half of Lot I, Concession 4, Township of Oro-Medonte (formerly Township of Medonte), County of Simcoe, designated as Part 1, Plan 51R-24284. Part of Parcel 1-3, Section 51-Med-4, being west half of Lot I, Concession 4, Township of (formerly Township of Medonte), County designated as Part I, Plan 51R-24283. Fourthly: Part of Parcel 1-5, Section 5l-Med-4, being part of the east half of Lot 1, Concession 4, Township of Oro- Medonte, (formerly Township of Medonte), County of Simcoe, designated as Part 2, Plan 51R-24283. part of the Oro-Medonte of Simcoe, Fifthlv: Part of Parcel 1-6, Section 51-Med-4, being part of the east half of Lot 2, Concession 4, Township of Oro-Medonte (formerly Township of Medonte), County of Simcoe, designated as Part 1, Plan 5lR-24285. Sixthly: . Part of Parcel 1-9, Section 5l-Med-4, being east half of Lot I, Concession 4, Township of (formerly Township of Medonte), County designated as Part 2, Plan 5lR-24285. part of the Oro-Medonte of Simcoe, '. 1'\'~J\ UI ~Onlatl0 . ............""'.I-""''''''~ "'. _......~ Form 1 - Land Reglatretlon Reform Act SCHEDULE "BIIA (1) Reglt"Y 0 (3) P,operty Idantlneri') Land Tille. 1D '1(2) Page 1 of '3 Block Property Dages Additional: S.. 0 Schedule (4) Con.lderatlon TWO DOLLARS------------------- Dollar. $ 2.00 , , , I I , , .,erty Identifier. , (5) Description This is a: Property Division 0 Property Consohdation 0 Additional: 5.. Schedule PART OF PARCEL PLAN 1, SECTICN M-IO, BEING BLCCK A, PLAN M-IO. 'Ia'lNSHIP OF MEIXJNTE, CDUNTY OF SIMCOE , TOGE'IHER WITH AN EASEMENT OVER A PORTICN OF r.m 77. PLAN M-ll, AS IN SCHEDULE ATrAQJED o Execulions Additional See Schedule o 6) Thi, Document Contains (a) Redescription New Easement Plan/Sketch (b) Schedule for: o Description ~ Additional Partie. 0 Dinar 0 (7) Intare.VEstate Transferred Fee Simple 8) Transterclis) The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years old and thai ... . , , . , , ' . , , . . . . . . . . . . . . . . . . . . . . , . . . . ., ,..,.......... . . ,. . ..........,..,...,............. . Date of Signature y M 0 , . , i , , , , , , , l' 'j' . , , ! , . . ...,.,.................................... . Name(s) SALVIL INVESTMENTS LIMITED Signature(s) . . . . . . ,.......... . SAlME LCffiJARU . I . WI. VB .l>tJTIIORITI' . TO . 6W1:) T!:!E. . . ..,. .. ..,. . . ., ..,....... .OORPOBhTION................... . ~) Spouse(s) of Transferor(s) I hereby consent to this transaction , Namelsl Signatufel') Date of Signature Y M 0 . . ... . ..,. . .............. . , , ...........,.,............,..... . i , . . , , , .,.. j' i .. . , r 0) Transferor{.) Addre.. 10' Service RURAL ROUTE CNE. HORSESHOE VALLEY. BARRIE. CNI'ARIO L4M 4 Y8 11) Transferee(s) Dale of Birth Y M 0 .............,......,.... . , '1. : , . . . ". . . ... . , , i , .. 1;1jE OO~!<!,TIc;N .OF .TIIE. TCWNSHIP .OF O.RO-:-ME,DONTE. . . '. . ...., ..., . . .. ..........,...".,..........................., . . .. . .... .,. . . ......,......,....,...............,...,.,.... . .. . , , , , , . . . . j , I i 2) Tran.leree{.) Add",.. lor Service P.O. Box 100, Orc Station, Ontario. LOL 2EO. (13) Transferor(s) Th~ 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 IY!M:D! ,v MID Signature. . , , . . . . . . . . . .. ! .,.. .:. , . J , . .! Signature,....,.............. ... .. .:. . . j. . Solicitor tor Transferor(s) I have explained the effect of section 50 of the Planning Act to the transferor and I have made inquiries of lhe transleror 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 ballef. this transfer does not contravene that sechon. J am an Ontario soJicitor in good standing. Date of Signature Name and .....!:. v t M 0 Address of , Solicitor Signature. . . . . . . . . . . . . . . . , . . . , . . . . . .'. , . '. . . ;;; ~f~ -~~ ."" Ij~ -l- ., cn,,2. .,~ "2.1' <:~ '0 <f> (14) Solicitor for Tr8ns'.eree(s) I have Investigated the title to t~is land and to abutting land where relevant and I am satisfied that the tiUe records reveal no contravention as set out In subclause 50 (22) (c) (u) of the Planning Act and that to the best of my knowledge and belief thIs transfer does not contravene sectIOn 50 althe Planmng Act. I act independently of the solicitor for the transferor{s) and I am an Ontario solicItor In gOOd standing. I and .. 01 ;:'Olcitor Date of Signature y M 0 Signature. . . . , . . . . . . , , . ...... . .. . , . ..1. , ....... . 5) AUellment Rotl Number 01 P'operty 16) Munlctpal Addre.. 01 P,operty ! Cty. ! ! Mun.! ! i Map : Sub. : , Par. oor ASSIGNED ), ..J a Registration Fee w >J) ::J w () u: u.. o a: o "If; Fee. and Tax NOr ASSIGNED (17) Document Prepared by: Cockburn and Smith 89 Collier Street Box 955 Ea=ie, Ontario L4M 4Y6 (Attention: John R.Cockburn) Land Transfer Tax Total Page 2 of 3 S C H E D U L E BOX 5 -- DESCRIPTION Part of Parcel Plan 1, in the Register for Section M-IO, designated as Block A, Plan M-IO, Township of Medonte, County of Simcoe, together with an easement over a portion of Lot 77, Plan M-ll, .eSignated as Part 3, Plan 51R-22347 as described in Instrument 05683 in favour of the owner of that portion of Block A, Plan M- .0, designated as Part 2, Plan 51R-22347. . (1) Reglltry IKJ (3) Property IdenU"e1(l) land Till.. 0 (2) Page 1 01 t A ---- --. - --- -- ----- ~ Onl.flO Form 1 - Land Reglltratlon Reform Act -.: .">_~ \- '. pages Block Propeny Addilional: See D. Schedule (4) Conllderatlon ,. Z C) "' "' :J "" >! ~ TWO collars, 2.00 (5) Deacrlptlon This is a- Propeny ~ ProDeny Oilfis.\Ol'\ L Consohc:-.:\Of\ \_ FIRSTLY: Part of Parcel 1-3, Sect~on ~1-Med-4 AddilionaJ: See 0 Schedule SECONDLY: Part of Parcel 1-3, Secrion 51-Med-4 THIRDLY: Part of Parcel 1-5, Section 31-Med-4 See Schedule Attached roperty Identifiers Executions Additional: S.. Schedule o ~ Description [] Additional Parties [X) Other [:g] (7) Intere.VEat4le Transferred Fee Simple Grant of Easement (6) This Document Contains (a) Aedescription New Easement Plan/Sketch (b) Schedule lor: (8) Trans1eror\s) The transteror hereby transfers the land to the transferee ~.wt~JQX~~~~~~~ ......,... .,.,.......,.,..,..'...."... ."..,....,.....,. ' , , . , . , , . . . . Signature(5) Date at SigMture y M 0 Name/51 ex:.",€:( It to Signature(5) trasa::tJm ; ...f99!1Q3 .. ;1994. .03 , . i 1994 ,03 j.... .,... ! 1994 [03 Date 01 Signature y M 0 : \ . . .i 1994. .:03. ,. : : i 1994 :03 ' , ' 2W7. . . HORS.ESHOE. RES.ORT. CORP.OR1.ITIPN . . . We have authority to bind the , corpora t ion. , . . . . . . , . . . . . . , . . . . , . . . . . . . .,." , STANDARD TRUST ca-1PANY ,..'.........' I.........".,..."..."..,..., We have author~ty to bind the Corporation (Chargee) (9) 9i'KOU(t! JO\(C(IIQ)lHWI4){btoD1I\)JXornmWOt; \l;)b( }(OO)lJJ(OOJ.'( I Name(s) ,',."" ' COUNSEL TRUST COMRANX W: ~ ci..ith:riiY to hi.rrl tiE . . . Corporation (10) T;:~~;:I~~(S) Add,... c/o Joe Feldman, 1500-151 Yonge St., Toronto, Ontario. M5C ,..,...,.., ' ",.... . (11) 1ransteree(sl Date 01 Birth Y M 0 . THE. GORPORATION. Of. :I'MI'; . '!'OWNS.1iIp. .of Q.11Q~MEDONTE .,...........,. . .......,.....,....',........,... . (12) Tran.te'ee(I) Add"," lor Service Box 100, Oro Station, Ontario. LOL 2EO. (13) Transleror(s) The transleror verifies that to the best of the transferor's knowledge and belief, this transter does no! con'ravene ,;;ectlon 50 of the Planning Act. Date 01 Signature Date of Signature Y M D Y M D i S Signature. . , . . . , . . . , . . , . . . . . . . . . . .J. . . . . .J, . . J. ..: Ignature,....,.,.,....." .,.. '.."..... .'. . . ., Solicitor lor Transteror(l) I have explained the effect at section 5001 the Planning Act to the transferor and I have m'Jde ina ,!ries oltha transferor 10 :i determine thatth!s transfer does no! contravene that section and based on the Inlormatlon supplied by the transferor, If Ihe b(:'1 01 my knowledge and Z belief, this. transler does. not contravene that section. 1 am 8n OntarIO solic!tor in good standing. Date of Signature ~ Name and :, Y M 0 a.. Address of o Solicitor Signature. . I .""" , '. (14) Solicttor tor Transteree(.) 1 have investigated the title 10 this land and to abutting land where relevant anu j am ~ Hls/ied that the tiUe records reveal no contravention ,as set out in subclause 50 (22) (c) (ii) of the Planning Act and that to the besl 01 m\ knowll'lge and belief this transler does not contravene section 50 01 the Planning Act I act tndepeooenl\y oj the soliCItor tor the transleror(s) and \ am an On\; I' 10 sohCllor !n good standing Date of Signature Y M 0- Signature. . .,... , . . . . I. . . . . . (15) An...ment Roll Numbe, 01 Property (16) Municipal Add,... ot Property not assigned 1 cry. : MUn'j , ' 1 \ : Map ! Sub. i Par. , ' , ' , ' , ' not assigned ), ..J a Registration Fee w (J) ~, ~I o u. Fees and Tax (17) Document Prepa,ed by: John Cockburn(Cockburn & Smith) 89 Collier street, Box 955, Barrie, ontario. L4M 4Y6. Land Transler Tax Tota. Page 2 Box 5 - DESCRIPTION S C H E D U L E FIRSTLY: Part of Parcel 1-3. Section 51-Med-4, being part of the IdecSt half eot 1, Concess ion 4, Township of Oro-Medon te (forme rly Township edonte), County of Simcoe, designated as Part 1, Plan 51R-24284. SECONDLY: (T.F.3) of of Part of Parcel 1-3, Section 51-Med-4, being Part of the West half Lot 1, Concession 4. Township of Oro-Medonte (formerly Township Medonte), county of Simcoe. designated as Part 1, Plan 51R-24283. of of THIRDLY: (T.F.5) Part of Parcel 1-5, Section 51-Med-4, being part of the Fast half of Lot 1, Concession 4, Township of Oro-Medonte (formerly Township of Medonte), in the county of Simcoe, designated as Part 2, Plan 51R- 24283. . ~mt.hsgolf Box 6 - OTHER ADDITIONAL PARTIES: IjWe hereby consent to this transaction .(s) HITACHI CREDIT CANADA INC. We have authority to bind the Corporation ZURICH INDEMNITY COMPANY OF CANADA We have authority to bind the Corporation . mt .addit Signature(s) ........................ . ......................... . ........................ . ........................ . Page 3 Date of Signature Y M D 1994 03 1994 03 1994 03 1994 03 TERMB OF EASEMENT THIS INDENTURE made in quadruplicate as of the 1st day of March, 1994. IN PURSUANCE OF THE SHORT FORM OF CONVEYANCES ACT 1IIIt BET WEE N: HORSESHOE RESORT CORPORATION (hereinafter called the "Transferor") OF THE FIRST PART - and - STANDARD TRUST COMPANY COUNSEL TRUST COMPANY (hereinafter called the "Chargee/Mortgagee") OF THE SECOND PART - and - HITACHI CREDIT CANADA INC. (hereinafter called the "Chargee/Mortgagee") OF THE THIRD PART - and - ZURICH INDEMNITY COMPANY OF CANADA (hereinafter called the "Chargee/Mortgagee") OF THE FOURTH PART - and - THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE (hereinafter called the "Transferee") OF THE FIFTH PART WHEREAS the Transferor is the registered owner of the land and premises, more particularly described in Box (5) hereof .(hereinafter called the "Easement lands"). AND WHEREAS the Chargees/Mortgagees Standard Trust Company and Counsel Trust Company are the registered holders of a Charge/Mortgage on the Easements lands, which Charge/Mortgage is registered as Instrument Number 145763. AND WHEREAS Hitachi Credit Canada Inc. is the registered holder of a Charge/Mortgage on the Easement lands, which Charge/Mortgage is registered as Instrument Number 178693. - 2 - AND WHEREAS Zurich Indemnity Company of Canada is the registered holder of a Charge/Mortgage on the Easement lands, which Charge/Mortgage is registered as Instrument Number 193106. AND WHEREAS communal septic system tile fields and related equipment are constructed beneath the surface of the Easement lands which tile fields serve Lots within Plans 1531 and M-10. AND WHEREAS the Transferor Horseshoe Resort Corporation has developed and operates a golf course over the surface of the .Easement lands. AND WHEREAS this Transfer of Easement is given on the terms set forth herein. WITNESSETH THAT IN CONSIDERATION of the sum of TWO DOLLARS ($2.00) of lawful money of Canada now paid by the Trans fere" to the Transferor, the receipt of whereof is hereby acknowledged, the parties hereto agree as follows: 1 . GRANT OF EASEMENT The Transferor does hereby grant, convey and transfer unto the Transferee, its successors and assigns, the right, liberty, privilege and easement in, over, along, upon, under and through the Tract, more particularly described in Box (5) hereof; to lay down, construct, operate, maintain, inspect, patrol, alter, remove, replace, reconstruct, or repair or use for a communal septic system. 2. RIGHT OF INGRESS AND EGRESS Together with the right of ingress and egress to, from, in and over the Tract for itself, its servants, agents, cont:r'actors, subcontractors, with or without vehicles, machinery and equipment for all purposes, useful or convenient in connection ,,.-i th or incidental to the exercise and enjoyment of the right, privilege and easement herein granted, conveyed and transferred as and from the date hereof and continuing in perpetuity or until the Transferee shall execute and deliver a surrender thereof. Golf Course OPeration It is recognized by the Parties hereto that the lands described in Box (5) hereof comprise a portion of the Transferor's Golf Course. It is, therefore, acknowledged and agreed that any major repairs to or replacement of all, or part of the septic systems constructed upon and under the subject parcels shall be completed with all due dispatch in such a manner as to cause as minimal as possible interference with the operation of the golf course. 3. TERMS AND CONDITIONS The aforesaid right, liberty, privilege, and easement is herein granted, conveyed and transferred on the following terms, stipulations and conditions which are hereby mutually covenanted and agreed to by and between the Transferee and the TransfE'ror and such other parties as are designated herein. . (a) Riaht of Transferor The Transferor shall have the right fully to ~se and enjoy the Easement lands for golf course furposes including without limitation: i. the right to maintain, repair and operate the golf course on the subject parcels. " - 3 - . ii. without the prior written consent of the Transferee the Transferor shall not remove, or permLt to be removed, any soil from the Tract nor shall the Transferor excavate, drill, install, ecect or permit to be excavated, drilled, installed or erected in, over, upon, under or through the Easement lands, any pit, well, foundation, pavement, building or other structure c r other installation other than for the golf course surface and will ensure that heavy equipment will not travel over the septic installation on said parcels. (b) Transferee's Riqhts Not To Be Interrupted The Transferee performing and observing the covenants and conditions on its part to be observed and performed, shall and may peaceably hold and enjoy the right, liberty, privilege and easement herein granted, I:onveyed and transferred without hinderance, molesta~ion or interruption on the part of the Transferor or of any person claiming by, through, under or in trust for the Transferor. (c) Condition of Easement Lands The Transferee covenants after the performance of any work on the Tract, to restore the surface of the 'rract as far as practicable to the same condition as it was prior to the commencement of any work performed by the Transferee. 4. COVENANTS (a) Runninq with the Land - The right, liberty, privi lege and easement herein granted, conveyed and transferI'ed, and the burden herein set forth, shall be of the Sffile force and effect to all intents and purposes as a covenant running with the Tract, and each and every part 1hereof. (b) Land Benefited - The right, liberty, privil'jge easement herein granted, conveyed and transferced declared to be appurtenant to and for the benefi 1: of Roads, Lots and Blocks on Plan 1531 and Plan M-JO. and are the 5. SUCCESSORS AND ASSIGNS . This Indenture, including all the covenants and corditions herein contained, shall extent 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 of the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes thereby rendered necessary had been made. ,', " - 4 - 6. The Chargees/Mortgagees referred to above being Standard Trust Company, Counsel Trust Company, Hitachi Credit Canada Inc. and Zurich Indemnity Company of Canada hereby consent to this Transfer of Easement and each respectively postpone their interest in the Easement parcel as if this Transfer of Easement was registered in priority to Charges/Mortgages Numbers 145763, 178693 and 193106. . WITNESS the corporate seals of the corporate parties hereto attested to by the hands of the proper signing officers in that behalf on the following dates: (a) By the Transferor on the (b) By the Transferee on the day of March, 1994. day of March, 1994. (c) By Standard Trust Company/Counsel Trust Company on the 1994. day of March, (d) By Hitachi Credit Canada Inc. on the 1994. day of March, (e) By Zurich Indemnity Company of Canada on the March, 1994. SIGNED, SEALED AND DELIVERED ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) in the presence of - .s.lIattgoU day of HORSESHOE CORPORATION RESORT Per: Per: STANDARD TRUST COMPANY COUNSEL TRUST COMPANY Per: Per: HITACHI CREDIT CANADA INC. Per: Per: ZURICH INDEMNITY COMPANY OF CANADA Per: Per: ,. ^~I\ ~ "' Ontario . --..---., ---- -. --..- Form 1 - Land Raglatratlon Ratorm Act (T. F. 4) A ~I :'1 ~ JJ :0 w o u. u. o a: o u. I I 1 (6) This Document Contains 11,':0 Dollars S pages Additional 5.. LJ Schedule 2.0.0. Section 51- Section 51- ME NT ~xx . . . . . . Date of Signature y M 0 199~. .:o.J. . . 199~. o.J. . . .1.9.9.4. ,0.3. . . 1994 0.3 Date of Signature y M 0 I : .199~ '0.3 i . . 'j' .. l' lqq4 !Ol : . . 2W7. Date of Birth y M 0 , , , . . . . . . . . . . . . . . . . ; ! sellon 50 of the Planning Act. , Date of Signature y M 0 , . .'. ,1ries of the transferor 10 , ! of my knowledge and Date 01 Signature , y M 0 . . , ", !Isfied that the tiUe records I Ige and b,elief this transfer I 10 soliCitor In gOOd standing Date of Signature y M 0 , ,_E. .. . Fee. and Tax r Fee I , Tax (1) Reglttry 0 (3) P'operty IdenIl6.1(') Land Till" 0 (2) Page 1 ot Block Propeny (4) Con.lderation (5) Deacrtptlon This IS a Property Pro: 'env JiYISlon, Cor ')QIJOiHlOn FIRSTLY: Med-4 Part of Parcel 1-6. perty Identifiers Additional: S.. 0 Schedule SECONDLY: Med-4 Part of Parcel 1-9, Executions Additional: 5.. 0 Schedule See Schedule Attached (a) Redescription New Easement Plan/Sketch IX] (b) Schedule tor: Description [Xi Additional Parties 0 Other IiJ (7) InteresVEstate Transterrec Fee Simple GRANT OF EASJ (8) Transferor(s) The transferor hereby transters the land to the transferee 1WR:RtKI*~ktReMM~KJJ(i1o::N~~~~ .,..,.....,...,.,................. . ..,......".....,.,..",.. . ..". . Signature! s) Name(sJ HO!1:3EqIjQJ;:/~"L.vIr,.. (~I')).QN'rJ;: L L.I.MrrI'Q . . . . . Ne have authority to bind the Corporation .",...,. .....'..,..., ....., , ...., . HORSESHOE/RESORT CORPORATION 'We 'haveauthodtY 'to 'bine! the' co:i:porad.6n' . . . . (Consenting Party) > (9) ~'!f!'l'lJl'k?!~!(~!lkl hereby consent to this transaction Name(s) .,.,.,..,.,..".,., . Signature(s) AFDICA CORPORATION 'we' have authority' to 'bind the...............' ....., Corporation (Chargee) (10) Tran.feror(l) Addre.. 10rS.NIc. c/o Joe Feldman, 1500-151 YOnge st., Toronto, Ontario. M5C >(11) Ttansteree(s) ...,.. . THE CORPORA:rI.ON OJ;'. T~.E. .>J;OW!'!3.H.~~. O.F .<?RO-:MED()NTE . . . . . . ,.......,.,.......,."......,....,........,..... . ...,..,.. . ..,...."...,....,...,.,...,....,......... . .,.., . (12) Tran.t.ree(.) Add,... for Service Box IDa, Oro Station, Ontario. LDL 2ED. (13) Transleror(s) The transleror verifies that to the best of the transferor's knowledge and bellel, this transfer does n, -)1 contravenf Date 01 Signature Y M 0 , " I J: ' Signature. . . . . , . . . , . , ' . . . . . . . . .:. . . . . .:, . . J. , .; Signature. . . . Solicitor for Transteror(l) I have explained the effect 01 section 50 of the Planning Act to the transferor and I h"ve made m( ;i determine that this transfer does not contravene thai section and based on the Information supplied by the transferor. 10 the b Z belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. o 1= Name and 0.. Address 01 o Solicitor Signature. . . . . . , . . I U ~ (14) Solicitor for Transteree(a) I have Investigated the IIUe to thIs land and to abutting land where relevant and J am <( ~~ c reveal no contravention as set out tn subclause 50 (22) (c) (11) of the Planning Act and that to the best 01 my know ~ c'* ~ does not contravene section 50 of the Planmng Act. I act Independently of the soliCitor lor the translerar(s) an(j I am an On - o1>C:.... Ha1'Oo1> eand !!t., rass of ~~~' olicitor " on Signature. ......,. . (15) A.....m.nt Roll Numbe, at P'operty (16) Municipal Add",.. ot Property Cty. : Mun.1 , I I . , . Map : Sub.: Par. , . i i not assigned (17) Docum.nt Prepared by: John Cockburn(Cockburn & Smith) 89 Collier Street, Box 955, Barrie, Ontario. L4M 4Y6. >- ..J 5 Reglstratia ~ Land T fans :J w () u: u. o a: f2 Total not assigned " t' Page 2 S C H E D U L E Box 5 - Description ~ ~art of Parcel 1-6, Section 51-Med-4 being part of the East half of Lot 2, Concession 4, Township of Oro-Medonte (formerly Medon te ) , in the County of Simcoe, des igna ted as Part 24285. cownship Plan of 511<- SECONDLY: Part of Parcel 1-9, Section 51-Med-4, being Part of the ast half of Lot 1, Concession 4, Township of Oro-Medonte (formerly Township of Medonte), County of Simcoe, designated as Part 2, Plan 51R- !4285. - mt.hstf4 . c' TERMS OF EASEMENT THIS INDENTURE made in quadruplicate as of the 1st day of March, 1994. .N PURSUANCE OF BET WEE N: THE SHORT FORM OF CONVEYANCES ACT HORSESHOE/SALVIL (MEOONTE) LIMITED (hereinafter called the "Transferor") OF THE FIRST PART - and - THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE (hereinafter called the "Transferee") OF THE SECOND PART - and - AFDICA CORPORATION (hereinafter called the "Chargee/Mortgagee") OF THE THIRD PART - and - HORSESHOE RESORT CORPORATION (hereinafter called the "Consenting Party") OF THE FOURTH PART WHEREAS the Transferor is the registered owner of premises, more particularly described in Box (hereinafter called the "Tract"). AND WHEREAS the Chargee/Mortgagee is the holder of a registered Charge on those lands registered as Number 218]21. the land and (5) hereof AND WHEREAS Horseshoe Resort Corporation joins he::ein to confirm its consent to this Transfer of Easement pursuant to the requirement on the Land Titles Parcel entry. AND WHEREAS this Easement is being granted to enable the Transferee to gain access to the comunal septic systems constructed upon the Easement lands which service Lots within Plan M-10. ~ 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 of whereof is hereby acknowledged, the parties hereto agree as follows: ," " , .., 2 1. GRANT OF EASEMENT The Transferor does hereby grant, convey and transfer unto the Transferee, its successors and assigns, the right, liberty, privilege and easement in, over, along, upon, under and through the Tract, more particularly described in Box (5) hereof; to lay down, .onstruct, operate, maintain, inspect, patrol, alter, remove, eplace, reconstruct, or repair or use for a communal septic system. 2. RIGHT OF INGRESS AND EGRESS Together with the right of ingress and egress to, from, in and over the Tract for itself, its servants, agents, contc:actors, subcontractors, with or without vehicles, machinery and e'luipment for all purposes, useful or convenient in connection ',-lith or incidental to the exercise and enjoyment of the right, p':ivilege and easement herein granted, conveyed and transferred as ,lnd from the date hereof and continuing in perpetuity or un:il the Transferee shall execute and deliver a surrender thereof. 3 . TERMS AND CONDITIONS The aforesaid right, liberty, privilege, and easement is herein granted, conveyed and transferred on the following terms, stipulations and conditions which are hereby mutually covenanted and agreed to by and between the Transferee and the Transferor and such other parties as are designated herein. (a) Riaht of Transferor Without the prior written consent of the Transferee the Transferor shall not, remove, or permit. to be removed, any soil from the Tract nor shall the Transferor 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 or other structure or other installation; (b) Transferee's Riahts Not To Be Interrupted The Transferee performing and observing the covenants and conditions on its part to be observed and performed, shall and may peaceably hold and enjoy the right, liberty, privilege and easement herein granted, conveyed and transferred without hinderance, molestation or interruption on the part of the Transferor or of any person claiming by, through, under or in trust for the Transferor. 4 . COVENANTS - (a) Runnina with the Land - The right, liberty, privilege and easement herein granted, conveyed and transferred, and the burden herein set forth, shall be of the same force and effect to all intents and purposes as a covenant running with the Tract, and each and every part thereof. (b) Land Benefited - The right, liberty, pr i vilE'ge easement herein granted, conveyed and transfer:,ed declared to be appurtenant to and for the benefit of lands, roads and Blocks on plan M-lO. and are the .' ~' 5 . SUCCESSORS AND ASSIGNS 3 This Indenture, including all the covenants and conditions herein contained, shall extent 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 of the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes thereby rendered necessary had been made. IN WITNESS WHEREOF the parties have hereunto set their hands and seals on the following dates: . (a) By the Transferor on the (b) By the Transferee on the (c) By Afdica Corporation on the (d) By Horseshoe Resort Corporation on the SIGNED, SEALED AND DELIVERED in the presence of . ..\hatU day of March, 1994. day of March, 1994. day of Marc h, 1994. day of March, 1994. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) HORSESHOE\SALVIL(MEDONTE) LIMITED Per: Per: AFDICA CORPORATION Per: Per: THE CORPORATION OF THE TOWNSHIP OF ORO-MF.DONTE (1 Pe r: I l:,~"~~'/ / 1.s;~L,A!;V\<9/ per:,;;J A...LR..tRj ~C.Jl) ~ ~ q~j / "'- d HORSESHOE CORPORATION FESORT Per: Per: