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HomeMy WebLinkAboutCSD-009-07 QfJ!.-!!Jgton REPORT COMMUNITY SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE June 18, 2007 Resolution #:.ftPJ+~*-67 Date: Report #: CSD-009-07 File #: By-law #: Subject: HYDRO ONE NETWORKS INC. - REQUEST FOR EASEMENT, RUDELL ROAD, NEWCASTLE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CSD-009-07 be received; and 2. THAT the Mayor and Municipal Clerk be authorized to execute the easement agreement between the Municipality and Hydro One Networks Inc. contained as Attachment #1. Submitted by: s ph P. Caruana irector of Community Services A - //Q. rGJl Reviewed b~ Franklin Wu Chief Administrative Officer JPC/GNwg CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5506 REPORT NO.: CSD-009-07 PAGE 2 1.0 BACKGROUND 1.1 Hydro One Networks Inc. is preparing for the installation of a new hydro service from Cobbledick Road to the Newcastle & District Recreation Complex on Rudell Road. 1.2 This new service will be buried underground from Highway 2 and will run along the west side of Rudell Road. 1.3 The five metre by five metre easement is required to locate the switching kiosk on private property adjacent to the electrical ductbank being constructed by the building contractor (see Attachment #1). 1.4 Our solicitor has reviewed the easement agreement and advises it is acceptable. 2.0 COMMENT 2.1 As the request for easement is to provide an electrical service to the complex, staff are in full agreement with this request. Attachments: Attachment # 1- Hydro One Easement Agreement CSD-009-07 Attachment # 1 hydr8~ ne Distribution Technician Services 913 Crawford Drive Peterborourgh, Ont K9J 3X1 Fax: (905)713-6927 AprilS, 2007 George Acorn 40 Temperence St. Bowmanville, ant. LtC 3A6 RE: Registered Easement of switching Kiosk on Community Centre Property Dear Mr. Acorn: Enclosed find 2 (two) copies of an Offer to Grant an Easement for a required switching kiosk on the property of the Clarington Community Centre. As per a request from Adrian Coolen, Hydro One has been requested to locate this kiosk on private property to eliminate any visual obstructions on Rudell Rd. Could you please complete the necessary boxes on the Schedule A document (Lot, Concession, Owner name and signature) and return both copies to the undersigned. If this document and requirements need to go to Counsel, could Hydro One get a written/verbal agreement to place this kiosk on the Community Centre property until the said documents have been processed? Any questions or concerns may be addressed to the undersigned. Please forward any future initial inquires to: Hydro One Networks Inc. Attention: Scheduling Department 913 Crawford Drive Peterborough, Ontario K9J 3X1 Zone3scheduling@HydroOne.com Phone: 1-888-871-3514 Fax: 1-705-743-9890 Sincerely B. Jamie Bignell Area Distribution Engineering Technician i12Wt;J]@ H y<lro<2t]~~om OFFER TO GRANT AN EASEMENT TO HYDRO ONE NETWORKS INC. I/We, The Corporation of The Municipality of Clarinaton (the "Transferor(s)"), being the owner/owners of Part Lot 31 in the First Concession, in the Municipality of Clarinaton (formerly Township of Darlinatonl, in the Reaion of Durham, or according to Registered Plan No. 40 R 24713, (herein called the "Lands"), in consideration of payment of the sum of Zero ($0.00) DOLLAR (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 (a). The Transferor hereby grants to Hydro One Networks Inc., 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 all encumbrances upon the terms and conditions hereinafter 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 "Transfer 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 (b). The purchase price for the Rights shall be the sum of Zero ($0.00) Dollars (the "Purchase Price") of lawful money of Canada to be paid by cash or uncertified 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 effect. 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 Easement arising from the acceptance of this Offer shall be executed and delivered to the Transferee on or before the One Hundred and Twentieth (120th) day after the date 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 of the Transfer of 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 their respective rights, title and interests so as to place such Rights and Transfer of Easement in first priority on title to the 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 privileges in, through, under, over, across, along and upon the 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 electrical transmission line or lines and communication line or lines consisting of , poles and anchors with all guys, braces, wires, cables, underground cables and associated material and equipment (all or any of which works are herein called ''the line"); (b) 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; (c) 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; (d) Apr 2002 Page 1 of 3 (i) 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 safe operation and maintenance of the line; (ii) 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 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 any 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 the safe 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 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 the line. (g) to enter on, to exit 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, permitees, 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 (h) 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 the grade of the Strip if in the opinion of the Transferee such act would interfere with the line. 0) 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 execute 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 Plannina 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: To: Transferor To: Transferee The Corporation of The Municipality of Clarington Hydro One Networks Inc. Address: 40 Temperence Street Address: 913 Crawford Dr Bowmanville . Ont. L 1 C 3A6 Peterborouah. Ont. K9J 3X1 Facsimile No: Facsimile No: 705-743-9890 Phone: 905-623-3379 Phone: 416-791-1805 Attention: Attention: B. Jamie Bianell 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 have 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 loss, damage of 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 Apr 2002 Page 2 of 3 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 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 Familv Law Act, R.S.O. 1990, c. F. 3, as amended, failing which, the Transferor shall cause this Agreement and all 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 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 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 5 (fifth) day of June 2007. SIGNED AND DELIVERED In the Presence of Transferor's Name Transferor's Name Consent Signature & Release of Transferor's Spouse, if non-owner Page 3 of 3 [\' -L :n i .~ '--./ v SCQle ----I I Tn 1 '-/ -" (. \ "'--J I (ffiJ f f 50001-1 5m X 5m I REGISTERED EASE E T SWITCHING KIOSK ') ~(A~ OWNED BY HYDR~Nt t'2500 -- ",.. 25DO \ \ \ \ \ o o o U) + I I I I , I Legend Owner Na.Me Municipo.lity of Clo.rington Lot Po.rt Lot 31 Parcel New Pole . Anchor -3 Owner Signa. ture Owner NaMe Township Municipo.lity of Clo.rke ForMer Township Clerke New Line Existing Pole 0 Existing Anchor - -j Existing U"1e -_ Owner Slgno.ture Agent B. Jo.Mie Bignell Do.te Ma.y 31, 2007 Sl,lb-Lot Plun COl,lnty ",I 1 II A II SCheUl~~e ! I I I I I _I SAFELI N tl BCP 111, PLUS GRI LEAVE 3.~ CABLE II~ I I I I I I -t 40R24713