HomeMy WebLinkAboutEGD-033-07
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REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Tuesday April 10, 2007
rZesolv-\;O!J *: CiPA- ~Zq3-0'-f
Report #: EGD-033-07
File#:
By-law #:
Subject:
HYDRO ONE NETWORKS INC. - REQUEST FOR EASEMENTS
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EDG-033-07 be received;
2. THAT the Mayor and Municipal Clerk on behalf of the Municipality of Clarington be
authorized to execute the easement agreements between the Municipality and Hydro
One Networks Inc. contained as attachments 1 and 2.
Respectfully,
:"
\...../'~ -.:. lA..J[c
Submitted by: A.S. Cannella, C.E.T. Reviewed by: Franklin Wu,
Director of Engineering Services Chief Administrative Officer
ASC/PWfjo
March 19, 2007
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282
REPORT NO.: EGD-033-07
PAGE 2
1.0 BACKGROUND
1.1 Hydro One Networks Inc. will be installing new poles on the road allowances of Green
Road and Baseline Road abutting two park sites. Pole anchors extending 3m - 5m onto
the Municipality's parkland are required to support some of the new poles. Hydro One
has requested that easements be registered with the Municipality to facilitate their future
maintenance of the pole anchors and guy wires.
One easement is required for four pole anchors along the west and north edges of
Clarington Fields Park, formerly called Bowmanville Community Park (Attachment 1).
A second easement is required for a single pole anchor on the west side of the future
Aspen Springs Neighbourhood Park (Attachment 2).
Our solicitor has reviewed the easement agreements and advises they are acceptable.
The pole anchor locations will not significantly impact the design or maintenance of the
parks.
2.0 CONCLUSION
2.1 Staff agrees that it is appropriate to grant these easements in favour of Hydro One
Networks Inc. and recommends that the By-laws required to register the easements be
prepared for signature by the Mayor and Clerk.
Attachments:
Attachment 1 - Clarington Fields anchor locations
Attachment 2 - Aspen Springs Park anchor location
/ly<Iro 0... _Iu Inc.
913 Crawf<<d Driwt
P."'rbotough, Ontario K9J 3Xl
www.HydroOne.c","
ATTACHMENT NO.:1
REPORT NO.: EGD.033-07
Tel: 905-<\23-1071 Ex/: 3318
Fax: 9OS<\23-9952
Cell: 905-432-6259
November 29, 2006
hydro{S-'
one
The Corporation of The Municipality of Clarington
Alto: Ms. I. Little
40 Temperance Street
Bowmanville, On L 1C 3A6
Dear: Ms. Little
Baseline Road and Green Road Reconstruction. Municipality of Clarlnaton Prolect #RC.27.09.
Hydro One requires two registered easements for rights, as layed out in the attached
documents.
Enclosed please find two copies of each required easement. These easements will give Hydro
One the necessary rights we require,
Please have the documents completed as follows.
1. Insert the required information in paragraph #9
2. I nsert the date of signing after paragraph #15.
3. Have appropriate person(s) sign at "Transferor's Name",
4. Sign at "Owner" and date the "SCHEDULE A"(sketch).
5. The.re are two copies of each of the documents. After completing please retum one copy of
each to this office, retaining one for your records.
Once I have received the completed documents we will carry on with the necessary work
including having a survey completed for the easement. Our Real Estate Department will
contact you in order lc> arrange for signing of the official easement documents.
If you have any further questions please contact me at your convenience,
Yours truly,
~~~n,
J.M. (Jim) Hisson
Area Distribution Engineering Technician
JMH:
Enc
OFFER TO GRANT AN EASEMENT TO
HYDRO ONE NETWORKS INC.
IIWe, The Corporation of The Municipality of Clarington
(the "Transteror(sl"l.
being the owner/owners of Part Lot 16 in the Broken Front Concession. in the Municipality of Clarington, /formerly
Township of Darlington), in the Region of Durham, according to Registored Plan No, . (herein called the
"Lands"), in consideration of payment of the sum of Five ($5.00) DOLLARS (the "Offer Consideration"), and other
good and valuable consideration (the receipt and sufficiency of which consideration is hereby acknowledged),
hereby covenant and agree as follows:
1 la}. The Transferor hereby grants to Hydro One Networks lne.. its successors and assigns (the "Transferee")
the exclusive right, irrevocable during the periods of time below specified in paragraph 2, (the "Offer") to purchase
free from aU encumbrances upon the terms and conditions hareinafter set out the perpetual rights, easements and
privileges set out in a Transfer and Grant of Easement (the terms and conditions of which are the same or
substantially the same as those set out in paragraph 7) (the "TransfeT of Easement") (the "Rights") in, through,
under, over, across, along and upon that portion of the above lands as shown highlighted in red on Schedule "A"
hereto annexed (the "Strip"), which offer the Transferee hereby accepts,
1 (bL The purchase price for the Rights shall be the sum of ,-FIVE..- dollars (the "Purchase Price") of lawful
money of C.anada to be paid by cash or uncertHied cheque to the Transferor on Closing.
2. THIS Offer may be accepted by the Transferee at any time within one hundred and twenty (120) days
from the date of this Agreement by a letter delivered or facsimile transmission or mailed postage prepaid, to the
Transferor at the address set out in paragraph 9. If this Offer is not accepted within this time frame, this
Agreement and everything herein contained shall be null, void and of no further force and effecL If this Offer is
accepted by the Transferee in the manner aforesaid, this Agreement and the letter accepting such Offer shall then
become a binding Contract between the parties, and the same shall be completed upon the terms herein provided
for.
3. THE Transfer of Easoment arising from the acceptance of this Offer shall be executed and delivered to
the Transferee on or before the One Hundred and Twentieth (120") day after tho dale of Transferee's acceptance
of this Offer {the "Closing"} subject to the availability of a satisfactory survey, if required, and time shall In all
respects be of the essence hereof.
4. THE Transferor shall not grant or transfer an easement or permission, or create any encumbrance over or
in respect of the Strip prior to registration at the Transfer at Easement. The Transferee has permission to approach
prior encumbrancers to obtain all necessary postponements and subordinations (in registrable form) from all current
and future prior encumbrancers, postponing thAir respective rights, title and interests so as to place such Rights
and Transfer of Easement in first priority on title to tha Strip.
5. THE Transfer of Easement shall be prepared by and at the expense of the Transferee. The Transferor
hereby covenants and agrees that the Transferee may, at its option, register this Agreement or Notice thereof, and
the Transfer of Easement on title to the Lands, and the Transferor hereby covenants and agrees to execute, at no
further cost to the Transferee, such other documents as may reasonably be required by the Transferee to effect
registration of this Agreement or Notice thereof and the Transfer of Easement.
6. THE Transferor covenants and agrees with Transferee that it has the right to convey the Rights without
restriction and that Transferee will quietly possess and enjoy the Rights.
7. AS of the date of this Offer, the Transferor grants to the Transferee, in consideration of the Offer
Consideration, free from all encumbrances and restrictions the following rights, easements, rights of way,
covenants, agreements and privilegcs in, through, undcr, over, across, along and upon the Strip:
1"1
to enter on and erect, maintain, operate, repair, replace, roloc1'Ite, upgrade, reconstruct and remove
at any time and from time to time, an electrical transmission line or lines ond communication linear
lines consisting of all necessary poles, anchors with all guys, braces, wires, cables, underground
cables (lnd associated material and equipment (all or any of which works are herein called "the
line");
Apr 2002:
Page1of3
(bl to erect, maintain and use such gates as the Transferee may from time to time consider necessary
in any fences which are now or may hereafter be installed on the Strip by the Transferor;
{cJ to enter on and mark the location of the line under the Strip by suitable markers, but said markers
when set in the ground shall be placed in fences or other locations which will not interfere with any
reasonable use the Transferor shall make of the Strip;
IdJ
(il to enter on and cut selectively trees and shrubs on the Strip and to keep it clear of all trees,
shrubs and brush which may interfere with the sate operation and maintenance of the line;
(Ii) subject to payment of additional compensation therefor, to cut, prune and remove it
n.ecessary trees located outside the Strip whose condition renders them liable to interfere
with the safe operation and maintenance of the line;
(e) to enter on and conduct engineering and legal surveys in, on and over the Strip;
(f) to clear the Strip and to keep it clear of all buildings, or other obstructions of any nature whatever
including removal of Bny materials which in the opinion of the Transferee are hazardous to the line.
Notwithstanding the foregoing, in all cases where in the sole discretion of Transferee thasafe
operation and maintenance of the line is not endangered or interfered with, the Transferor from
time to time or the person or persons entitled thereto, may with prior written approval of
Transferee, at his or their own expense construct and maintain roads, lanes, walks, drains, sewers,
water pipes, oil and gas pipelines, and fences (not to exceed 2 metres in height) on or under tho
Strip or any portion thereof, provided that prior to commencing any such installation, the Transferor
shall give to Transferee 30 days' notice in writing so as to enable Transferee to have a
representative inspect the site and be present during the performance of the work and that the
Transferor complies with any instructions that may be given by such representative in order that
such work may bo carried out in such a manner as not to endanger, damage or interfere with the
line.
(g) to enter on, to oxit from, and to pass and repass at any and all times in, over, along, upon. across~
through, and under the Strip and so much of tho Lands as may be reasonably necessary, at all
reasonable times, for the Transferee and its respeCtive officers, employees, workers, permitees,
servants, agents, contractors and subcontractors with Of without vehicles, supplies, machinery,
plant, material and equipment for all purposes necessary or convenient to the exercise and
enjoyment of the said rightS and easement subject to payment by the Transferee of compensation
for any crop or other physical damage only to the Land caU.'icd by the exercise of this right of entty
and passageway; and
(hl to remove, relocate and reconstruct the line on or under the Strip, subject to payment by the
Transferee of additional compensation for any damage caused thereby.
(iJ The Transferor covenants and agrees not to erect In, on and under the Strip any buildings;
structures, swimming or wading pools, or other obstructions of any nature whatsoever, except
paved driveways and property line fences and further covenants and agrees not to change the
grade of the Strip if in the opinion of the Transferee such act would interfere with the line.
(j) The Transferor covenants with the Transferee that he has the right to convey the said rights and
easement in, on and under the said land to the Transferee, and that the Transferee will quietly
possess and enjoy the said rights and easement, and that he will lJxecute such further assurances
of the said rights and easement as may be requisite.
8, THIS Agreement and the Transfer of Easement shall both be subject to The Planninq Act, R.S;O. 1990, c.
P-13, as amended,
9. ANY demand, notice or other communication to be given in connection with this Agreement shall be
given in writing and shall be given by personal delivery, by registered mail postage prepaid, or by facsimile
transmission, addressed to the recipient as follows:
Apt 2002
Pagr. 20f 3
.
To:
Transferor
To:
Transferee
The Corporation of The Municipality of ClarJngton
Hydro One Networks Inc.
Address: 40 Temperance Street
Address: 913 Crawford Drive
Bowmanville,On L 1 C 3AG
Petorborough. On K9J 3X 1
Facsimile No:
Facsimile No: 905.623-0636
Phone: 905-623-3379
Phone: 905-623-1071 extn: 3318
Attention:
Attention: J.M. HJsson
or to such other address, facsimile number or individual as may be designated by notice given by either party to the
other. Any demand, (lotlce or other comh1unication shall be condusively deemed to have been given when
actually received by the addressee or upon the second day after thG day of mailing.
10. THE Transferee covenants and agrees with the Transferor to save harmless the Transferor, his tenants or
other lawful occupiers of the Strip for any loss, damage or injury caused by the acceptance of the Offer and the
granting and transfer of Rights or anything done pursuant thereto or arising from any .accident (not excluding any
Act of God) that would not have happened but for the presence of the line on the Strip; provided, however, that
the Transferee shall not be liable to the extent to which such loss, damage, or Injury is caused or contributed to by
any act or omission of the Transferor, or those he is responsible for in law.
11. THE Transferor covenants and agrees that if and before the Transferor sells, transfers, assigns, disposes
(or otherwise parts with possession) of all or part of the lands to a third party (the "Third Party") the Transferor
shall use best efforts to ensure that the Third Party assumes the burden and benefit of this Agreement, and agrees
to be bound by it. Accordingly, the Transferor covenants and agrees to use besteffotts to obtain from the Third
Party a written acknowledgment and agreement that the third Party is aware of the provision of this Agreement
and will continue to be bound by the terms, conditions and stipulations of this Agreement.
12. THE Transferor represents that he is not now and at the time of Closing shall not be a spouse within the meailing
of the Familv Law Act, R.S.O. 1990, Co F. 3. as amended, failing which. the Transferor shall cause this Agreement and ail
related documents to be accepted and consented to in writing by the spouse of the Transferor to the satisfaction of the
Transferee and at no further cost or C<lndltion.
13. THE Transferor covenants and agrees to instruct and authorize any and all encumbrancers, mortgflgees
and chargees of the Lands to execute the Transfer of Easement.
14. ALL covenants herein contained shall be construed to be several as well as joint, and wherever the
singular and the masculine are used in this Agreement, the same shall be construed as meaning the plural or the
feminine or neuter, where the context or the identity of the Transferor/Transferee so requires.
15. THE burden and benefit of this Agreement shall run with the Strip and the works and undertaking of the
Transferee and shall be binding upon and enure to the benefit of the parties hereto and their respective heirs,
executors, administrators, successors and assigns,
IN WITNESS WHEREOF the Transferor has hereunto set their hands to this Agreement,
this
day of
,2006.
SIGNED AND DELIVERED
In the Presence of
Transferor's Name
Transferor's Name
Consent Signature & Release of
Transferor's Spouse, if non-owner
Nov 2006
Page3of3
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ATTACHMENT NO.:2
REPORT NO.: EGD-033-07
OFFER TO GRANT AN EASEMENT TO
HYDRO ONE NETWORKI1/NC.
I/We, The Corporation of Tha Municipality of Cllllington
{the "Tranalerona)"..
being the ownerJowner. of Part Lot 18 in tM First Conc....ion. in (he Municipality at Clarington. {formerly
Township of Darlington}, in the Region of Durham. according to AegiatlN'ed Plan No. . (herein called the
"Lands"), in consideration 01 payment of the sum ot F1w ,,5.00J DOLLARS'the "Offer Consideretionl, and other
good and valuable con.ideralion (the receipt and sufficiency of which consideration is hereby acknowledged).
hereby coyenant and agree.. follows:
1 (8). The Transferor hereby grants to Hydro One Networks lne.. ita succeasora and Bisig". (the .T'.,.'..,....)
the exclusive right. irrevocable during the periods of time below specified In paragraph 2. fthe "'Offer") to purchase
IrBS from aU encumbrances upon the terms and conditio,. hereinafter set out the perpetual right8, easements and
prlvilegea set out In a Transfer and Grant at Easement (the terms and cOndltJons of whk:h 8r. the same or
substantially the same as those set out in paregraph n (the "r",,.,., 01 E.aMr."fj !the "Rights") in, through,
und8l, aver, acro.., along and upon that portion of the above Landi as shown highlighted in red on Schedule "A"
hereto annexed Uhe "St."'), which oHef the Transferee hereby accepts.
1 {b>>. The purchase price tor the Rights shall be the sum of .-FIVE- dollars (the "Pl.M'chase Price") of lawful
money of Canada to be paid by cash or unC8rtified cheque to the Transferor on Closing.
2. THIS OffElr may be accepted by the Transferee at any time within one hundred and twenty 1120) days
from the date of this Agreement by a letter delivered or facslmUe trinemisslon or mailed postage prepaid, to tha
Transferor at the addre&l set out in paragraph 9. If this Otter is not accepted within this time frame, this
Agreement and everything herein contained shall be null. void and of no further force and effect. If this Offer is
accepted by the Transferee in t"e manner aforesaid. this Agreement and the letter accepting such Offer shall tM"
become a binding contract between the parties, and the S8me shall be completed upon the terms herein provided
for.
3. THE Transter of Easement arising from the acceptance of this Off.r shall be executed and deliyered to
the Transferee on or before the One Hundred.and Twentieth 1120"') day after the date of Transferee'l; acceptanee
of rhlt Offer {the "CIoItIng., subject to the ayailabillty of a satisfactory survey, if required, and tfme shall in all
respects be of the ossence hereof.
4. THE Transferor shall not grant or transt. an auement or permbsion, or create any encumbrance over or
in respect of the Strip prior to registration of the Transfer ot Easement. The Transferee has permission to approach
prior encumbrancers to obtain all necessary postponements and subordinatiON (in registrable form) from all current
and future prior encumbrance,.., postponing thalr rup&ctlY8 rights, title and interests so as to place such Rights
and Transfer of Easement in firat priority on title to the Strip.
5. THE Transfer at Easement shaH be prepared by end at the expenae of the Transferee. The Trllnlfator
hersby COYenantll and agree. thet the Tran.fern may. at its option, register thia Agreement or NotIce thereof, and
the Transfer of Easement on title to the Landa. and the Transferor hereby covenants and agrees to execute, at no
further cost to the Transferee, such other documents as may reasonably be required by t". Transferee to effect
registration of this Agreement or Notice Ihereof and the Transfer of Easement.
6. THE Transferor covenants and agrees with Transferee that it has the right to convey the Rights without
restriction and that Transferee wiU quietly possess and enjoy the Right..
7. AS of the date of this Offer, the Transferor granta to the Transferee, in consideration of the Offer
Consideration, free from alt encumbrances and restrictions the following rig"ts. easements. rights of way,
covenant., agreements and privileges in, through, under, over, aCtoSl, along and upon che Strip;
(a) to enter on and erect, maintain, operate, repair. replace, relocate, upgrade, reconstruct and remove
at any time .and from time to time, an electriC81 trensmlssion Ii". or lines and communication line or
lines consisting ot an necessary pol.., anchors with all guys, braces, wires, cabla. underground
cables and suociated materia. and equtpment lall or any of which works are "erein called "t~
line"');
....pt 2002 P.g.lo'3
(bl to erect, maintain and use such gates as the Transferee may from time to time consider necessary
in any fences which are now or may hemafter be installed 011 the Strip by the Transferor;
(e) to enter on and mark the location of the line under the Strip by suitable markers, but said markers
when set in the ground shall be placed in fences or other locations which will not interfere with any
reasonable use the Transferor shall make of the Strip;
Idl
(n taenter on and cut selectively trees and shrubs on the Strip and to keep It clear of all trees,
shrubs and brush which may interfere with the safe operation and maintenance of the line;
Iii) subject to payment of additional compensation therefor, to cut, prune and remove if
necessary trees located outside the Strip whose condition renders them liable to interfere
with thesafs operation and maintenance of the line;
(el to enter on and conduct engineering and legal surveys in, on and over the Strip;
m to clear the Strip and to keep it clear of all buildings. or other obstructions of any nature whatever
including removal of any materials which in the opinion of the Transferee are hazardous to the line.
Notwithstanding the foregoing. in alt casas where in the sole discretion of Transferee the safe
operation and maintenance of the line is not endangered Or interfered with, the Transferor from
til110 to time or the person or persons entitled thereto, may with prior written approval of
Transferee, at his or their own eXpense construct and maintain roads, lanes, walks, drains, seWers,
water pipes, oil and gas pipelines, and fences (not to exceed 2 metres in heightl on or under the
Strip or any portion thereof, provided that prior to commencing any such installation. the Transferor
shall give to Transferee 30 days' notice in writing so as to enable Transferee to have a
representative inspect the site and be present during the performance of the work and that the
Transferor complies with any instructions that may be given by such representative in order that
such work may be carried out in such a manner as not to endanger, damage or interfere with tho
tine.
(g) to enter on, to e.xit from, and to pass and repass at any and all times in, over, along, upon, across,
through, and under the Strip and so much of the lands as may be reasonably necessary, at all
reasonable times, for the Transferee and its respective officers. employees, workers, permltees,
servants, agents, contractors and subcontractors with or without vehicles, supplies, machinery,
plant, material and equipment for all purposes necessary or convenient to the exercise and
enjoyment of the said rights and easement subject to payment by the Transferee of compensation
for any crop or other physical damage only to the land caused by the exercise of this right of entry
and passageway; and
(hl to remove, relocate and reconstruct the line on or under the Strip, subject to payment by the
Transferee of additional compensation for any damage caused thereby,
(i) The Transferor covenants and agrees not to erect in, on and under the Strip any buildings,
structures, swimming or wading pools, or other obstructions of any nature whatsoever. except
paved driveways and property line fences and further covenants and agrees not to change tha
grade of the Strip if in the opinion of the Transferee such act would interfere with the line.
(j) The Transferor covenants with the Transferee that he has the right to convey the said rights and
easement in, on Bnd under the said land to the Transferee, and that the Transferee will quietly
possess Bnd enjoy the said rights and easement, and that he will execute such further assurances
of the said rights and easement as may be requisite.
8. THIS Agreement and the Transfer of Easement shalt both be subject to 111e P.1.s>J1_'1!nCl Act, R.S.O, 1990, c,
P.13, as amended.
9, ANY demand, notice or other communication to be given in connection with this Agreement shall be
given in writing and shalt be given by personal delivery, by registered mail postage prepaid, or by facsimile
transmission, addressed to the recipient as follows:
ApI 2.002
Page2of3
To;
Transferor
To:
Transferee
The Corporation of The Municipality of Cia ring ton
Hydro One Networks Inc.
Address: 40 Temperance Street
Address: 913 Crawford Drive
Bow manville, On l1 C 3AG
Peterborough, On K9J 3X1
Facsimile No:
Facsimile No: 905-623-0636
Phone: 905-623-3379
Phone: 905-623~1071 extn: 3318
Attention:
Attention: J .M. Hisson
or to such other address, facsimile number or individual as may be designated by notice given by either party to the
other. Any demand, notice or other communication shall be conclusively deemed to hnve been given when
actually received by the addressee or upon the second day after the day of mailing.
10. THE Transferee covenants and agrees with the Transferor to save harmless the Transferor, his tenants or
other lawful occupiers of the Strip for any Joss, damage or injury caused by the acceptance of the Offer and the
granting and transfer of Rights or anything done pursuant thereto or arising frOm any accident (not excludhlg any
Act of God) that would not have happened but tor the presence at the line on the Strip; provided, however, that
the Transferee shall not be liable to the extent to which such Joss, damage, or injury is caused or contributed to by
any act or omission of the Transferor, or those he is respof1sible tor in law.
11. THE Transferor covenants and agrees that if and before the Transferor sells, transfers. assigns, disposes
(or otherwise parts with possessionl of all or part of the lands to a third party (the "Third Party....) the Transferor
shall use best efforts to ensure that the Third Party assumes the burden and benefit of this Agreement, and agrees
to be bound by it. Accordingly, the Transferor covenants and agrees to use best efforts to obtain from the Third
Party a written acknowledgment and agreement that the third Party is aware of the provision of this Agreement
and will continue to be bound by the terms, conditions and stipulations of this Agreement.
12. THE Transferor represents that he is not now and at the time of Closing shall not be a spouse 'Within the meaning
of the FamilvLaw Act, R.S.O. 1990, c. F.3, as amended, failing which, the Transferor shall cause this Agreement and aU
related documents to be accepted and consented to in writing by the spouse of the Transferor to the satisfaction of the
T ffinSreree and at no further cost or condition.
13. THE Transferor covenants and agrees to instruct and authorize any and all encumbrancers, mortgagees
and chargees of the lands to execute the Transfer of Easement.
14. All covenants herein contained shall be construed to be several as well as joint. and wherever the
singular and the masculine arc used in this Agreement, the same shall be construed as meaning the plural or the
feminine or neuter,where the context or the identity of the Transferor/Transferee so requires.
15. THE burden and benefit of this Agreement shall run with the Strip and the works and undertaking of the
Transferee and shall be binding upon and enure to tho benefit of the parties hereto and their respective heirs,
executors, administrators, successors and assigns,
IN WITNESS WHEREOF the Transferor hos hereunto set their hllnds to this Agreement.
this
day of
,2006.
SIGNED AND DELIVERED
In the Presence of
Tra'~~f~'~~r's Name
Transferor's Name
Consent Signature & Release of
Transferor's Spouse, if non-owner
Nov 2006
PlIge.3of3
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