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1993-030 Medonte e e e e THE CORPORATION OF THE TOWNSHIP OF MEDONTE BY-LAW NO. 1993- 30 BEING a By-Law to authorize the execution of an Easement Agreement between The Corporation of the Township of Medonte and Beryl Darlene Glass and Roy Edward Hallyburton. WHEREAS The Corporation of the Township of Medonte, after negotiations, now deems it expedient to enter in to an Easement Agreement for the construction and maintenance of a storm drainage swale or ditch with Beryl Darlene Glass and Roy Edward Hallyburton. NOW THEREFORE BE IT ENACTED AS A BY-LAW OF THE CORPORATION OF THE TOWNSHIP OF MEDONTE AS FOLLOWS: 1. That the Reeve and the Clerk are hereby authorized to execute on behalf of The Corporation of the Township of Medonte an Easement Agreement with Beryl Darlene Glass and Roy Edward Hallyburton substantially in the form of the Easement Agreement attached hereto as Schedule "A". 2. That the said Agreement shall not be executed until such time as the Clerk of The Corporation of the Township of Medonte has received from the Municipal Solicitor, a letter confirming that all of the requirements of the proposed Easement Agreement and related documents are completed in accordance with the standards required by the Municipality. BY-LAW read a first, second and third time and finally passed this 13th day of December, 1993. ~/- ~~ Ian Beard - eeve ~ii ~;ovlnce ~ Ontario Transfer/Deed of land Amended NOV. 1992 Form 1 - land Registration Reform Act A (1) Registry ~ (3) Properly Identifier( s) land Tilles (2) Page 1 of pages Block Property Additional: See 0 Schedule (4) Consideration >- ...J Z o LU (f) ::) LU () TWO------------------------------Dollars $ 2.00 (5) Description This is a: Property Division 0 Property Consolidation 0 - Lot 14, Plan 1581, Township of Hedonte, County of Simcoe, designated as Parts 1 and 2 on Plan 51R-21426. New Property Identifiers o u.. I Additional: See Schedule o Executions Additional: See 0 Schedule .ThiS (a) Redescription Document New Easement Contains Plan/Sketch 0 (b) Schedule for: Description 0 Additional Parties 0 Other IX] (7) Interest/Estate Transferred ~ EASEMENT (8) Transferor(s) The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years old and that. . . . .. ......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .. .......... .. .. ...................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date of Signature Y M D Name(s) G.LAS~.,. ~~~y~ .I?~x:l.e~~. Signature(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . i .~~~ . 1199 . . 1 . . . . . ! : , . . i . . . . . , ; . . . , , , , , : . . . , , ! . . . i t' . . ! ~~~~~~~" ~~Y.~~~~x:~ . . . ., .................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ........................................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ( (9) Spouse(s) of Transferor(s) I hereby consent to this transaction Name(s) Signature(s) Date of Signature Y M D . . . . . . . . . . .. ............... ............ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : ! , ' . ' ":' . . . . ':' . . . ' . , , I I ' , , , , l' . .. , i (10) Transferor(s) Address for Service 14 Patricia Court, Hillsdale, Ontario, LOL IVO (11) Transferee(s) Date of Birth Y M D , TBE.CORPORATION.OF.TBE TOWOSHIP.OF.MEDONTE.................... ........... ....... j..... .!... e...... .....................................................................J......:... , , , , , . , , , , , , . " ......... .................................................................:..... .:. . . : i I , , , , . , . , , , 1" . \ .. . ! .. .. , : (12) Transferee(s) Address for Service Moonstone, Ontario, LOK INO .'13) Transferor(s) The 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 Y M D ,Y M D I ! I ! : :! Signature. . . . . . . . . . . . . . . . . . . . . . . . .:. . . . . .:. . . 1 . . .! Signature...........................! . . . . . .!. . . j . . . . Solicitor for Transferor(s) I have explained the effect of section 50 of the Planning Act to the transferor and I have made inquiries of the transferor to :i. 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 z belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature g Name and !: Y ,M: D Ii: Address of ! ! o Solicitor Signature. . . . . . . . . . . . . . . . . . . . . . . . . . '. . . . . .'. . . .'. . . . I _ en U Q; <{ l>i!!~ g' c:'* ~ '2 ~~~ ~ .'Bf- ~ a: ~.E~ ~2* <:!J..c (5 (j) (14) Solicitor for Transferee(s) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records reveal no contravention as set out in subclause 50 (22) (c) (ii) of the Planning Act and that to the best of my knowledge and belief this transfer does not contravene section 50 of the Planning Act. I act independently of the solicitor for the transferor(s) and I am an Ontario solicitor in good standing. Name and Address of Solicitor Date of Signature Y M D Signature. . . . . . . . . . . . . . . . . . . . . . . . , , , , , . . .1. . . . . . ., .... (15) Assessment Roll Number Cty. Mun. Map : Sub. , Par. , III Fees and Tax , , i 081 106714 , >- of Property 43 56 000 , ....J , Z Registration Fee (16) Municipal Address of Property (17) Document Prepared by: 0 LU WILLIAM S. KOUGHAN (f) land Transfer Tax ::) 14 Patricia Court RUSSEll. CHRISTIE. MillER, KOUGHAN LU Hillsdale, Ontario BARRISTERS & SOLICITORS () u: LOL IVO BOX 158, 76 COlDWATER STREET EAST u. ORllLlA, ONTARIO L3V 6J3 0 a: (705) 325-1326 fo.'\X (7Q5~ 327.1811 0 Total u.. ""' .J e e e e GRANT AND TRANSFER OF EASEMEN1." THIS INDENTURE made as of the 25th day of November, 1993. BETWEEN: BERYL DARLENE GLASS and ROY EDWARD HALLYBURTON hereinafter collectively "Transferors" called the OF THE FIRST PART and THE CORPORATION OF THE TOWNSHIP OF MEDONTE hereinafter called the "Transferee" OF THE SECOND PART WHEREAS the Transferors are the registered Owners of the land and premises, more particularly described in Schedule "A" attached (hereinafter called "the Tract") and; WITNESSETH THAT IN CONSIDERATION of the sum of Two Dollars ($2.00) of lawful money of Canada now paid by the Transferee to the Transferors, the receipt whereof is hereby acknowledged, the parties hereto agree as follows: 1. Grant of Easement The Transferors do hereby grant, convey and transfer unto the Transferee, its successors and assigns, the non-exclusive right, liberty, privilege and easement in, over, along, upon, under and through the Tract, (more particularly described in Schedule "A" attached hereto); to lay down, construct, operate, maintain, inspect, patrol, alter, remove, replace, reconstruct, repair or use for municipal works purposes required by the Transferee, including without limitation all such structures, equipment and appurtenances whether or not similar to the foregoing as may be necessary, useful, or convenient in connection therewith or incidental thereto for the purpose of the construction and maintenance of a storm drainage swale or ditch. 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, contractors, sub-contractors with or without vehicles, machinery and equipment for all purposes, useful or convenient in connection with or incidental to the exercise and enjoyment of the right, liberty, 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. 3. Terms & 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 Transferors and such other parties as are designated herein. a) Rights of Transferors The Transferors shall have the right to use and enjoy the Tract including without limitation: i) the right to construct such work or works as the Transferors may be obligated to construct pursuant to any Agreement or Undertaking given to the Transferee; -2- ii) the right to repair and replace its existing drains and fences, resurface or repair existing lanes. roads, driveways, pathways and walks located on the Tract or any portion or portions thereof, provided that before commencing any such work the Transferors: .1 shall give the Transferee 5 days notice of the work to be carried out; e .2 shall exercise a high degree of care in carrying out such work, and; .3 shall perform any such work in such a manner as not to endanger or damage any municipal works therein. e iii) provided that without the prior written consent of the Transferee the Transferors shall not, after construction of the works, remove, or permit to be removed, any soil from the Tract nor shall the Transferors 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 or other surface treatment, building, tree, shrub, structure or installation, other than seeding or sodding with grass. b) Obliqations of Transferors - Storm Drainage i) The Transferors further covenant and agree that they will keep the tract free of weeds and undergrowth and sufficiently clear of such growth that the tract will continue to function as a drainage swale or ditch. e c) Transferee's Rights 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 hindrance, molestation or interruption on the part of the Transferors or of any person claiming by, through, under or in trust for the Transferors. e d) Transferors' Title If it shall appear that at the date hereof the Transferors are not the sole owners of the Tract, this Indenture shall nevertheless bind the Transferors to the full extent of their interest therein, and if they shall later acquire a greater or the entire interest, this Indenture shall likewise extend to such after-required interests. e) Additional Documents The Transferors will, if so requested by the Transferee, execute such further and other documents of title and assurances in respect of the Tract as may be requisite and such documents shall be prepared at the expense of the Transferee. f) Condition of Easement Tract The Transferee covenants after the performance of any work on the Tract, to restore the surface of the Tract as far as practicable to the same condition as it was prior to the commencement of any work performed by the Transferee. e e e -3- g) Notices All Notices to be given hereunder may be given by registered letter addressed to: the Transferors at: 14 Patricia Court, Ontario, LOL lVO Hillsdale, the Transferee at: Moonstone, Ontario, LOK lNO or such other address as the Transferors and the Transferee may respectively from time to time designate in writing, and any such Notice shall be deemed to have been given to and received by the addressee three (3) days after the mailing thereof, postage prepaid and regis"tered. 4. Covenants a) Running 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. 5. Successors and Assigns This Indenture, including all the covenants and conditions herein contained, shall extend 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 or 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 hereto have hereunto set their hands and seals on the following dates: By the Transferors on the day of , 199 Witness: Beryl Darlene Glass Witness: Roy Edward Hallyburton _ By the Transferee on the 13'11...day of;])~M/YI<., 1993 THE CORPORATION OF TOWNSHIP OF HEDONTE Per: ~ 1% Per: ~ cis -- Gary C ingto Clerk-Administrator e e e e -4- SCHEDULE "A" THIS IS SCHEDULE "A" TO THE GRANT AND TRANSFER OF EASEMENT BETWEEN THE CORPORATION OF THE TOWNSHIP OF MEDONTE AND BERYL DARLENE GLASS AND ROY EDWARD HALLY BURTON LANDS SUBJECT TO EASEMENT - THE TRACT Part of Lot 14, Plan 1581, Township of Medonte, County of Simcoe, designated as Parts 1 and 2 on Plan 5lR-2l426.