HomeMy WebLinkAbout85-147 THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 85-147
being a by-law to authorize the execution
of an offer to grant an easement to the
Regional Municipality of Durham
THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE
HEREBY ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute on
behalf of the Corporation of the Town of Newcastle, and seal
with the Corporation Seal , an "Offer to Grant an Easement"
between the Regional Municipality of Durham and the said
Corporation, in the form attached hereto as Schedule "A".
By-law read a first and second time this 16th day of December 1985.
By-law read a third time and finally passed this 16th day of December 1985.
Mayor
Clerk
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OFFER TO GRANT AN EASEMENT
Z/WE, the undersigned . , . The Corporation of �the_Townoof Newcastle . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ofxx 'hie . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . in the Regional Municipality of Durham, as
Grantor (s) in consideration of the sum of $2 . 00 , the receipt whereof
is hereby acknowledged hereby agree to grant to the Regional Munici-
pality of Durham, its successors, and assigns , free from encumbrances ,
an easement and right to enter in perpetuity, through, in over and
across the lands more particularly described in Schedule "A" attached
heretofor the sum of . . . . . . . . . Two .Dollars. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
($ 2.00
. . . . . . . . . . . . . ) and a temporary easement and right to enter through,
in, over and across the lands more particularly described in Schedule
"B" attached hereto for a period of . . . . . .One. . . . . . . years to be fully
completed and ended on the . . . 31st . day of , , . December . . . . . . . . . . . . . . .
19 .86. . . for the sum of . . . . . .Two. Dollars. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
($ ,2.00. . . . . . . . . ) .
This Offer to be accepted by the Grantee within sixty (60) days of the -
date hereof otherwise this offer shall become null and void.
This Offer when accepted shall thereupon constitute a binding contract
of purchase and sale and time in all respects shall be the essence of
this Agreement, the Grantee to examine the title at his own expense
the Grantor not being bound to produce any evidence of title except
such as are in his possession. The Grantee to make objections and
requisitions on title within sixty (60) days after acceptance hereof
and title to be deemed accepted except as to any objection or recui-
siticn .:jade within that time and if any objection to title be made
which the Grantor is unable or unwilling to remove and which Grantee
shall not waive the agreement may be declared null and void.
This offer may be accepted by a letter delivered to the Grantor or
Nailed, pcstace prepaid, addressed to the Grantor at . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The abcve transaction of granting the easement shall be closed sixty
( 63) days after the acceptance of this offer and on closing the Grantor
shall deliver a fully executed Grant of Easement in registerable form
nc:e her with a full release cn a form to to provided b`I the Grantee
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for damages, if any, to the Grantor arising or resulting from the
construction, operation, repairs and maintenance of the works and
for services more particularly described in Schedule "C" attached
hereto and forming part of this agreement.
The terms and conditions of the easement are set out in Schedule
"C" attached hereto.
Upon acceptance of this offer on behalf of the Grantee, the Grantee
for itself, its servants, agents, employees, workmen and assigns
shall have the right to enter upon the property as described in
Schedules "A" and "B" for the purpose of laying down and constructing
the works and services as set out in Schedule "C" attached hereto.
The Grantor acknowledges that no verbal guarantees or promises have
been made to him by any of the employees or agents of the said
Grantee.
IN WITNESS WHEREOF the Grantor has hereunto set his hand and seal on
the day and in the year first above written.
DATED THIS . . .��. . . . . day of . . . . . . . . . . . . . 1Q . �►: . . .
)
)
SCHEDULE "A"
Offer to Gran* a Permanent Easement from . . . . . . . . . . . . . . .
The Corporation of the Town of Newcastle
. . . . . _ , , , , , to the Regional
Municipality of Durham.
ALL AND SINGULAR those certain parcels or
tracts of land and premises situate lying and being
in the Town of Newcastle (formerly Clarke Township)
in the Regional Municipality of Durham and being com-
posed of Part Lot 29, Conc. 5
designated as Part 4
on a Reference
Plan deposited in the Registry Office for the Registry
Division of Ontario County as Plan No. 1OR2077
SCHEDULE "B"
Offer to Grant a Temporary Easement from . . . . . . . . . . . . . . . .
The ..Corporati on ..of the Town ._of Newcastle . . . . . . to the Regional
Municipality of Durham.
ALL AND SINGULAR those certain parcels or
tracts of land and premises situate lying and being
in the Town of Newcastle (formerly Clarke Township) ,
in the Regional Municipality of Durham and being com-
posed of Road Allowance between Conc. 4 and 5
designated as Part 3
on a Reference
Plan deposited in the Registry Office for the Registry
Division of Ontario County as Plan No. 1OR2077
" GRANT OF EASEMENT "—
THIS INDENTURE made in duplicate this day of
B E T W E E N:
Hereinafter called the "GRANTOR(S) '
OF THE FIRST PART
-and-
THE REGIONAL MUNICIPALITY OF DURHAM
Hereinafter called the "GRANTEE"
OF THE SECOND PART
WHEREAS the Grantee has requested the Grantor (s)
to execute this conveyance and the Grantor (s) agreed to do so
in order to facilitate the works program of the Grantee;
NOW, THEREFORE, THIS INDENTURE WITNESSETH that
in consideration of the premises and the sum of
Dollars ($ ) now paid
by the Grantee to the Grantor (s) the receipt whereof is hereby
acknowledged the said Grantor (s) do hereby grant, transfer and
convey unto the Grantee; its 'successors and assigns the free,
uninterrupted and unobstructed right and easement to construct,
operate and maintain such watermain or watermains together with
any and all appurtenances thereto as may be required from time to
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time on, in, across, under and through the lands situate in the
City, Town, Township of - in the
Regional Municipality of Durham and more particularly described
in Schedules "A" and "B" attached hereto;
TOGETHER with the right of the Grantee, its
successors and assigns and its and their servants, agents, contractor
and workmen with all necessary materials, equipment, machinery -
and vehicles to enter upon the said lands at all times and to pass
and repass thereon for the purposes of installing, constructing, re-
constructing, examining, altering, repairing, renewing or replacing
(including replacement with a watermain or watermains of larger
size or capacity) and maintaining the said watermains or any part
thereof whether or not any part to be so constructed, installed,
repaired, renewed, altered, replaced or maintained is situate on
the land above described;
TO HAVE AND TO HOLD the said easement or right
in the nature of an easement on, in, across, under and through the
lands described in Schedule "A" attached hereto unto the Grantee,
its successors and assigns for its and their sole and only use
forever;
TO HAVE AND TO HOLD the said easement or right
in the nature of an easement on, in, across, under and through the
lands described in Schedule "B" attached hereto for a period of
years to be fully completed and ended on
the day of
AND the Grantor (s) , for heirs,
executors, administrators, successors and assigns covenants) with
the Grantee, its successors and assigns to keep the said lands
described in Schedule "A" attached hereto free and clear of any
buildings, structures or obstructions; not to deposit on or remove
any fill from the said lands , and not to do or suffer to be done
any other thing which may or might injure or damage any of the work=
of the Grantee herein;
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AND the Grantor (s) covenant(s) with the Grantee
that the right to convey the said rights and
easements to the Grantee, notwithstanding any act of the Grantor (s) ;
AND the Grantee shall have quiet possession of
the said rights and easements, free from all encumbrances, save
as aforesaid;
AND the Grantor (s) covenant (s) with the Grantee
that will execute such further assurances of the said rights
and easements as may be requisite;
AND the Grantor (s) release (s) to the Grantee
all claims upon the estate herein conveyed for the rights granted
by this indenture;
AND the Grantee covenants and agrees with the
Grantor (s) that it will fill in all excavations and, as far as is
practicable, restore the lands and premises to the condition
existing prior to any entry thereon to exercise the rights hereby
granted;
IT IS UNDERSTOOD and agreed by and between the
parties hereto that the burden of this indenture and of all the
covenants herein contained shall run with the lands hereinbefore
described and the benefit of this indenture and of all covenants
contained herein shall run with all other lands and interests in
land owned, occupied or used by the Grantee, its successors and
assigns, for the purpose of operating and maintaining the said
watermain or watermains and that this indenture shall be binding
upon and enure to the benefit of the parties hereto and their
respective heirs, executors, administrators, successors and assigns;
AND the Encumbrancer (s) to the extent of
interest in the land of the Grantor (s) hereby consent (s) to and
agree (s) in the grant herein contained and for heirs,
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executors, administrators, successors and assigns hereby subordinate
and postpone all right, title and interest in the lands herein to
the Grantee and to the rights and easements herein granted;
AND wife of
the Grantor hereby consents to the grant of the rights and ease-
ments herein and hereby bars her dower in the lands herein to the
extent of the rights and easements herein granted.
IN WITNESS WHEREOF the Parties hereto have
hereunto set their hands and seals .
SIGNED, SEALED AND DELIVERED )
in the presence of )
GRANTOR
GRANTOR
THE REGIONAL MUNICIPALITY OF DURHU
G. HERREMA, CHAIRMIAN
C.W. LUNDY, CLERK
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