2004-058 To authorize the transfer of an easement in favour of Bell Canada
.l
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2004-058
A By-law to authorize the transfer of an easement in favour of Bell Canada
~
WHEREAS the Municipal Act, S.O. 2001. c 25, Section 268, as amended, authorizes
the Council of a Municipality to pass by-laws establishing procedures governing the sale
of land;
AND WHEREAS the Township of Oro-Medonte did enact By-law No. 2004-078, on July
14,2004, being a by-law to amend By-law No. 2003-125, being a by-law to establish a
procedure governing the sale of land;
AND WHEREAS easements over municipally owned lands, as approved by Council,
are exempt from the procedure governing the sale of land, pursuant to By-law No. 2004-
078;
AND WHEREAS Council of the Township of Oro-Medonte deems it appropriate to grant
an easement to a telephone company;
NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as
follows:
1.
The Municipality hereby authorizes the granting of an easement in favour of Bell
Canada, upon the terms and conditions set out in the Transfer of Easement
attached hereto as Schedule 'A'. The easement shall be restricted to the lands
owned by the Municipality and described as follows:
Part of Lot 4, Concession 1 EPR being Part of Parts 1 and 2 on Plan
51 R26154, being more particularly described as Parts 1 and 2 on Plan
51 R-32330 (geographic Township of Oro), Township of Oro-Medonte,
County of Simcoe.
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.
This by-law shall come into force and take effect upon the final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 11TH DAY OF AUGUST, 2004.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 11TH DAY OF
AUGUST, 2004.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Ma;2 ~. Neil crh
~
~r .,
~ ,0
Clek, Mar~pennycoèk
SCHEDULE "A" TO BY-LAW 2004-058
LRO # 51
Transfer Easement
In preparation on 2004 07 20
yyyy mm dd
at 10:04
This document has not been submitted and may be incomplete.
Page 1 of3
I Properties
PIN
Description
58553 - 0012 L T Estate/Qualifier Fee Simple (Easement)
PT LT 4 CON 1 EPR ORa PT 1 & 2, 51R26154;
BEING MORE PARTICULARLY DESCRIBED AS PARTS 1 AND 2 PLAN 51 R-32330 SIT
ORO12857; ORO-MEDONTE
ORO-MEDONTE
Add Easement
Address
I Consideration
Consideration
$ 10,000.00
I Transferor(s)
The transferor(s) hereby transfers the easement to the transferee(s).
Name
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Acting as a company
148Line7S
Box 100
Oro Ontario
LOL 2XO
Address for Service
I, , have the authority to bind the corporation.
This document is not authorized under Power of Attorney by this party.
I Transferee(s)
Capacity
Share
Name
BELL CANADA
Acting as a company
2nd Floor
136 Bayfield St
Barrie Ontario
L4M 3B1
Address for Service
I Statements
Schedule: See Schedules
I Calculated Taxes
Retail Sales Tax
Land Transfer Tax
$0.00
$50.00
Instrùment Statement, 61
Page 2 of 3
SCHEDULE
968-C/E(04-03)
WHEREAS the Transferee is the owner in fee simple of those lands and premises (the
"Transferee's lands") being composed of Parts of Town Lots 5 and 6 on the North side
of Adelaide Street West according to the Plan of the Town of York and designated as
Parts I and 2, Plan 63R-545, of Toronto.
WHEREAS the Transferor is the owner simple of lands described as
Part Lot 4 Concession I EPR being parts I and 2 Plan 5IR-32330 Township of
Oro-Medonte County of Simcoe
(the "Property").
THE TRANSFEROR grants and transfers to the Transferee, successors and assigns
to be used and enjoyed as appurtenant to the Transferee's lands, a free and
unencumbered easement (the "Easement") in perpetuity upon, over, in, under and
across lands more particularly described in box 5 on Page I attached (the "Easement
Lands") :
I. the right to construct, operate, maintain, repair, replace, renew, or make
additions at all times to teleconununications facilities (the "Facilities") or any
part thereof forming part of continuous lines between the Transferee's lands and
other iands including, without limitation, all necessary buried cable and
conduits, conduit structures, maintenance holes, appropriate foundations containing
all components connecting to the Transferee's network, underground vaults, cabinets,
grounding wells, markers, fixtures, equipment, and all appurtenances thereto,
provided that none of these Facilities shail be in excess three metres in height.
2. the right of free and unimpeded access at all times to the Transferee, its
contractors, agents, employees, vehicles, equipment, and supplies to and over the
Easement Lands.
3. the right of and unimpeded access all times to the Easement Lands from
and over the Property or abutting road allowances or abutting rights of way for the
purpose of exercising the rights hereby granted.
4. the right to remove, trim, sever, or fell any obstructions such as trees, roots,
brush, stumps, boulders or rock encountered during the course of construction or
subsequent maintenance of the Facilities.
TRANSFFROR shall have the right to fully use and enjoy the Easement Lands
provided that without the prior written consent of the Transferee, such consent not
to be unreasonably withheld, the Transferor shall not any buildings or other
structures or dig, pave or excavate within the Easement Lands.
THE TRANSFEREE shall:
I. be responsible for any damage caused at any time by
employees to the Property. When practical, the Transferee,
after any of its activities, shall restore the
appropriately. The subsequent maintenance of the Property
responsibility the Transferor.
its agents or
Property
be the
indemnify and save the Transferor harmless from
actions, suits, ciaims and demands of every nature and
kind whatsoever which may be made against the Transferor relating to
or arising out of the placement of the Facilities by the
Transferee and for which the Transferee, in law, is responsibie.
2.
actions, causes of
3. be responsible for any portion of property taxes increased as a
result of this Easement and/or the Facilities.
4. ensure that the Facilities adhere to applicabie government noise
regulations.
NOTWiTHSTANDING any of law or equity and even though any of the Facilities
may become annexed or affixed to Easement Lands, title to the Facilities shall
nevertheless remain in the Transferee.
THiS AGREEMENT including rights, privileges, and benefits herein contained
shall extend to, be binding upon, and enure to the benefit of, the parties hereto
and their respective heirs, executors, administrators, successors, and assigns.
Instrùment Statement, 61
THE TRANSFEREE, in the event grants a release of Easement, may abandon
Facilities annexed/affixed to the Easement Lands its option.
Page 3
.,~AII ù TRANSFER TAX STATEMENTS
I~ the matter of the conv~yance of:
58553-0012 PTLT4CON1 EPROROPT1 &2,51R26154;
BEING MORE PARTICULARLY DESCRIBED AS PARTS 1 AND 2 PLAN
51R-32330 SIT ORO12857; ORO-MEDONTE
BY:
TO;
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BELL CANADA
%(all PINs)
1. KEVIN DINSMORE
lam
(a) A person in trust for whom the land conveyed in the above-described conveyance is being conveyed;
0 (b) A trustee named in the above-described conveyance to whom the land is being conveyed;
0 (c) A transferee named in the above-described conveyance;
EJ ~dJo~~e authorized agent or solicitor acting in this transaction for BELL CANADA described in paragraph(s) (c)
0 (e) The President, Vice.President, Manager, Secretary, Director, or Treasurer authorized to act for -
described in paragraph(s) U above.
0 (I) 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.
0 (g) A transferee described in paragraph ( ) and am making these statements on my own behalf and on behalf of
- who is my same.sex partner described above in paragraph(s) U.
3. The total consideration for this transaction is allocated as follows;
(a) Monies paid or to be paid in cash
(b) Mortgages (i) assumed (show principal and interest to be credited against purchase price)
(ii) Given Back to Vendor
(c) Property transferred in exchange (detail below)
(d) Fair market value of the land(s)
(e) Liens, legacies, annuities and maintenance charges to which transfer is subject
(I) Other valuable consideration subiect to land transfer tax (detail below)
(g) Value of land, building, fixtures and goodwill subject to iand transfer tax (total of (a) to (I))
(h) VALUE OF ALL CHATTELS. items of tangible personal property
(i) Other considerations for transaction not included in (g) or (h) above
OJ Total consideration
6. Other remarks and explanations, if necessary.
1. e) Other; transfer of easement for a utility line as defined in the ontario energy board act 1998
PROPERTY Information Record
A. Nature of Instrument:
Transfer Easement
LRO 51
Registration No.
Date;
B. Property(s):
PIN 58553 -0012 Address ORO.MEDONTE
Assessment
Roll No
C. Address for Service:
2nd Floor
136 Bayfield St
Barrie Ontario
L4M 3B1
D. (i) Last Conveyance(s): PIN 58553 0012 Registration No.
(ii) Legal Description for Property Conveyed; Same as in last conveyance? Yes 0
No EJ Not known 0
10,000.00
0.00
0.00
0.00
0.00
0.00
0.00
10,000.00
0.00
0.00
10,000.00