2017-163 By-law to Authorize and Easement Agreement for Part 1, Plan 51R-41239The Corporation of the Township of Oro-Medonte
By-law No. 2017-163
A By-law to Authorize An Easement Agreement For Part 1, Plan 51 R-41239
(Road Allowance between Concessions 8 and 9, Part of PIN 74032-0001(LT)
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 the Municipal Act, 2001, 5.O.2001, c.25, Section 224, as amended,
states that it is the role of Council to ensure that administrative practices and
procedures are in place to implement the decisions of Council;
And Whereas Council of the Township of Oro-Medonte did on the 15th day of
December, 2015, consent to grant an easement agreement over Part 1, Plan 51 R-
41239 (Road Allowance between Concessions 8 and 9, Part of PIN 74032-0001(LT) for
the purpose of residential access;
And Whereas the Township has granted permission to utilize and maintain said
easement upon the condition of entering into an Easement Agreement;
Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows:
That an easement be granted to the owner of the lands described in PIN 58559-
0025 over Part 1, Plan 51 R-41239 (being part of the unopened road allowance
between Concessions 8 and 9, Oro) and that such easement shall be in the form
attached hereto as Schedule subject to such minor changes as may approved by
the Director of Corporate Services in consultation with the Township's solicitor.
2. That the Mayor and Clerk are authorized to execute all documents necessary to
facilitate registration of the foregoing easement.
3. This by-law shall take effect on the final passing thereof.
By-law read a First, Second and Third time, and Passed this 13th day of
December, 2017.
The Corporation of theiTownship of Oro-Medonte
De ty Clerk, Janette Teeter
EASEMENT -TRANSFERRED
1. Transfer of Easement
The Transferor does hereby transfer unto the Transferee, her heirs, successors,
administrators and assigns, the non-exclusive right and easement over, along and
upon the lands more particularly described as Part of the Original Road Allowance
between Concessions 8 and 9, Geographic Township of Oro, being Part 1, Plan
51R-41239, Township of Oro-Medonte, County of Simcoe (the 'Tract") for the
purpose of pedestrian and vehicular access from time to time to the lands adjacent
to the Tract owned by the Transferee as more particularly described as the
Dominant Lands in paragraph 5 of this Easement.
For greater certainty this grant of easement permits the Transferee to construct an
access road for use as an access to the Dominant Lands and for the sole use of
the Dominant Lands for residential purposes and limited to a single detached
dwelling and such accessory buildings/uses as may be permitted under the zoning
by-law and solely in relation to a permitted single detached dwelling. The use of
the easement for any other purposes is not permitted.
In addition to the foregoing, the Transferee is also granted the right to install and
maintain utilities (including natural gas lines, electricity supply lines,
telecommunications lines and any municipally supplied utilities for use in
connection with a single detached dwelling) the location of which must be pre -
approved by the Transferor.
2. Right of Ingress and Egress for Transferees
Together with the right of ingress and egress to, from, in and over the Tract for
themselves, their servants, agents, contractors, sub -contractors with or without
vehicles, for such purposes in connection with or incidental to the exercise and
enjoyment of the right and easement herein transferred as and from the date
hereof and continuing in perpetuity.
3. Obligations of the Transferee
The Transferee acknowledges that it is responsible, at its own cost, for all
maintenance of the Tract for use as an access driveway.
The Transferee acknowledges that it is required to obtain all necessary
governmental approvals to construct the access driveway and entrance on to the
abutting public highway under the jurisdiction of the Transferor, including without
limitation, an entrance permit.
The Transferee acknowledges that it shall not permit the Tract to fall into a state
of disrepair to the extent that it does not support its use and is not reasonably
maintained for its safe use by pedestrians and motor vehicles. For the purposes
of this section, a state of disrepair includes a failure to maintain such driveway in
accordance with the standards set out in section 9 below. The Transferee
acknowledges that the Transferor accepts no obligation or responsibility for the
care and use of the Tract
The Transferee's failure to maintain the Tract as set out at all times above renders
this Easement terminable at the sole discretion of the Transferor. Prior to
exercising its right to terminate the easement, the Transferor will give the
Transferee notice of a default of this provision. Such notice shall be delivered to
the address listed, or in the case of a successor in title, to the address set out on
title (in the last applicable transfer or in any notice of change of address registered
on title) by regular mail (notice is deemed to be received 5 days after mailing).
The notice shall specify a date upon which the required repair or maintenance work
shall be delivered to the Transferor failing which the Transferor may then exercise
its right to terminate.
4. IndemnItv
The Transferee hereby indemnify and hold harmless the Transferor, its employees,
officers and agents from and against all liability, losses, harm, or claims
whatsoever arising in respect of the Transferee's use of the Tract except where
such liability, losses, harm orclaims are caused by virtue of the negligence orwilful
fault of the Transferor or by those for whom the Transferor is in law responsible.
5. Insurance Coverage
The Transferee shall file with the Transferor prior to the registration of this Transfer
of Easement a certificate of insurance, in a form which is satisfactory to the
Transferor, confirming the existence of a policy insuring for the joint benefit of the
Transferee and the Transferor against any liability that may arise out of their use
of or maintenance of the Tract (including the use of the Tract by persons permitted
by the Transferee) or that may accrue to the Transferor in consequence of this
Agreement. The policy shall be kept in force during the currency of this easement;
be submitted to the Transferor on an annual basis upon renewal; contain coverage
of at least $5,000,000.00 for any one occurrence or claim and name the Transferor
as an additional insured and shall be subject to the following:
1. During theterm of this Agreement, the Transferee shall provide proof
that the premiums of the insurance policy have been paid as they fall
due and that the insurance policy is in full force and effect.
ii. The issuance of the insurance policy required by this Transfer of
Easement shall not be construed to relieve the Transferee in and any
way from her responsibility for any claims for which she is liable or
against which she has indemnified the Transferor that may exceed
the amount of the insurance coverage.
iii. The Transferee shall notify the Transferor at least 60 days prior to
the cancellation or termination of the above referenced insurance
policy for any reason.
iv. If Notice is to be given hereunder, it may be given to the Transferee
by regular mail as follows and such notices shall be deemed to have
been given and received on the 3r° day after mailing:
{Insert Address}
All notices to be given hereunder may be given to the Transferor by
registered mail as follows and such notices shall be deemed to have
been given and received on the 3'" day after receipt:
The Corporation of the Township of Oro-Medonte
148 Line 7 South
Oro-Medonte, ON
LOL2EO
Attention: Clerk
The Transferee acknowledges and agrees that the value of coverage stated above
may be increased by the Township in accordance with the adopted Township
policy prevailing at the time.
Failure to maintain coverage at all times bythe Transferee renders this Easement
terminable at the sole discretion of the Transferor. Prior to exercise its right to
terminate the easement, the Transferor will give the Transferee notice of a default
of this provision. Such notice shall be delivered to the address listed, or in the case
of a successor in title to the address set out on title (in the last applicable transfer
or in any notice of change of address registered on title) by regular mail (notice is
deemed to be received 5 days after mailing). The notice shall specify a date upon
which the required Certificate of Insurance shall be delivered to the Transferor
failing which the Transferor may then exercise its right to terminate.
6. Termination
This grant of easement shall be terminable by the Transferor in the following
circumstances:
i. should the Township pass a by-law establishing the Tract as a public
highway;
ii. should the Transferee fail to provide proof of continuing insurance
coverage as required under section 5; or
iii. should the Transferor fail to maintain the Tract in accordance with
section 3 and 9 herein.
In the case of subsection i), upon the passage of the by-law referenced in therein,
the Transferor is authorized to register a release of the easement and the
Transferor may include a statement in the Release of Easement that the Transferor
is duly authorized by the Transferee to register such release of the easement.
In the case of subsections ii), upon the Transferee failing to maintain insurance
coverage in accordance with section 5 above, the Transferor is authorized to
register a release of the easement and the Transferor may include a statement in
the Release of Easement that the Transferor is duly authorized by the Transferee
to register such release of the easement.
In the case of subsection iii), upon the Transferee failing to maintain the Tract in
accordance with section 3 and 9 herein, the Transferor is authorized to register a
release of the easement and the Transferor may include a statement in the
Release of Easement that the Transferor is duly authorized by the Transferee to
register such release of the easement.
Covenants Running with the Land
The right and easement herein 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.
8. Dominant (Benefitting) Lands
This easement shall be for the benefit of the lands of the Transferees as follows:
ALL OF PIN 58559-0025 (LT) BEING PT E 1/2 LT 26 CON 8 ORO AS IN
RO322689 (FIRSTLY); LT 212 PL 589 ORO; LT 213 PL 589 ORO; LT 214
PL 589 ORO; LT 215 PL 589 ORO; LT 216 PL 589 ORO; LT 217 PL 589
ORO; LT 218 PL 589 ORO; LT 219 PL 589 ORO; LT 220 PL 589 ORO; LT
221 PL 589 ORO; LT 222 PL 589 ORO; LT 223 PL 589 ORO; LT 224 PL
589 ORO; LT 225 PL 589 ORO; LT226 PL 589 ORO; LT 227 PL 589 ORO;
LT 228 PL 589 ORO SIT DEBTS IN RO322689; ORO-MEDONTE
9. Access Driveway Specifications
The owner shall at his/her own expense and risk, within twelve (12) months from
the date of registration of this Easement, construct an access road to municipal
standards, which would include brush and stump removal, sub -excavation work,
applying 300 mm of granular "B' gravel, and then applying granular "A" gravel to a
minimum depth of 150 mm, seven (7) metres in width throughout, with a roadside
ditch along one side, all wholly within the limits of the Tract. In so doing, all brush
must be cut back so as not to encroach onto the access road and all tree limbs
must be cutback so as not to overhang or encroach on the access road. All mud,
gravel and debris which may have fallen outside of the Tract in the course of
construction shall be removed forthwith by the Transferee. These are the
minimum acceptable construction standards for the access road and would be
subject to site conditions and express written approval of the Manager of
Operations. Such access road may only be hard surfaced upon the express
written consent of the Township's Manager of Operations.
10. Non-exclusive Easement
Further to section 1, the Transferee acknowledges that the Tract forms part of an
unopened road allowance over and upon which the public has a right of travel
and/or passage. The Transferee shall not interfere in any manner with such right
of travel.
The Transferee shall not remove or permit to be removed any soil from the Tract
nor shall the Transferee 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, building, tree, shrub or other structure or installation save and except
for any work necessary to construct and maintain the access driveway upon the
Tract in accordance with sections 3 and 9 herein.
11. Successors and Assigns
This Agreement shall ensure to the benefit of and be binding upon the Parties
hereto and their respective heirs, executors, administrators, successors and
assigns, as the case may be.
LRO d 51 Transfer Easement In preparation on 2017 12 12 at 13:38
This document has not been Submitted and may be incomplete. yyyy mm dd Page 1 of 1
Properties
PIN 58559 - 0001 LT InteresNEstate Easement E✓ Add Easement
Description SERVIENT LANDS:
PT RDAL BTN CONS 8 & 9 DESIGNATED AS PART 1, PLAN 51 R-01239;
ORO-MEDONTE
DOMINANT LANDS:
ALL OF PIN 58559-0025 (LT) BEING PT E 112 LT 26 CON 8 ORO AS IN RO322689
(FIRSTLY); LT 212 PL 589 ORO; LT 213 PL 589 ORO; LT 214 PL 589 ORO; LT 215 PL
589 ORO; LT 216 PL 589 ORO; LT 217 PL 589 ORO; LT 218 PL 589 ORO; LT 219 PL
589 ORO; LT 220 PL 589 ORO; LT 221 PL 589 ORO; LT 222 PL 589 ORO; LT 223 PL
589 ORO; LT 224 PL 589 ORO; LT 225 PL 589 ORO; LT 226 PL 589 ORO; LT 227 PL
589 ORO; LT 228 PL 589 ORO Sir DEBTS IN RO322689; ORO-MEDONTE
Address ORO
Consideration
Consideration $ 2.00
Transferors)
The transferors) hereby transfers the easement to the transferee(s).
Name THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Acting as a company
Address for Service 148 Line 7 South
Oro-Medonte, Ontario
LOL 2E0
Attention: Clerk
This document is not authorized under PmerofAttomey by this party.
This document is being authorized by a municipal corporation Harry Hughes, Mayor and Janette Teeter, Clerk.
Transferee(s) Capacity Share
Name MCCUAIG, SARAH GLADYS
Acting as an individual
Date of Birth
Address for Service ORO
Statements
Schedule: See Schedules
Calculated Taxes
Pmvimial Land Transfer Tax $0.00
File Number
Tmnsferar Client File Number: 72-091-105
201711211213:38
LAND TRANSFER TAX STATEMENTS
In the matter of the conveyance of 58559-0001 SERVIENTLANDS:
PT ROAL BTN CONS 8 S 9 DESIGNATED AS PART 1, PLAN 51R-41239:
ORO-MEDONTE
DOMINANTLANDS:
ALL OF PIN 58559L-0025(LT) BEING PT E 12 LT 26 CON 8 ORO AS IN
R0322689 (FIRSTLY); LT 212 PL 589 ORO; LT 213 PL 589 ORO; LT 214 PL 589
ORO; LT 215 PL 589 ORO; LT 216 PL 589 ORO; LT 217 PL 589 ORO; LT 218 PL
589 ORO; LT 219 PL 589 ORO; LT 220 PL 589 ORO; LT 221 PL 589 ORO; LT
222 PL 589 ORO; LT 223 PL 589 ORO; LT 224 PL 589 ORO; LT 225 PL 589
ORO; LT 226 PL 589 ORO; LT 227 PL 589 ORO; LT 228 PL 589 ORO S/T
DEBTS IN R0322689; ORO-MEDONTE
BY: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
TO: MCCUAIG, SARAH GLADYS %(all PIN$)
3. The total consideration for this transaction is allocated as follows:
(a) Monies paid or to be paid in cash
0.00
(b) Mortgages O assumed (show principal and interest to be credited against purchase price)
0.00
C) 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 (0)
0.00
(h) VALUE OF ALL CHATTELS - items of tangible personal property
0.00
O Other considerations for transaction not included in (9) or (h) above
0.00
O Total consideration
0.00
PROPERTY Information Record
A. Nature of Instrument: Transfer Easement
LRO 51 Registration No. Date:
B. Property(s): PIN 58559 -0001 Address Assessment -
ORO Roll No
C. Address for Service: ORO
D. O Last Conveyance(s): PIN 58559 -0001 Registration No.
(ii) Legal Description for Property Conveyed: Same as in last conveyance? Yes ❑ No ❑� Not known ❑