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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 4 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 2 - 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 4 -2- 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; 0 » -3- 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, -4- 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 x O (D (D N- u► L=1 Ci Z H v+W w x Z y H Z7 i v car W :d O O 64 O Cr1 ►G O ZC4 • t!1 F-' " H 0 0 N H Cz7 O Z z Z w :3 0 0 Ali Gr>+ 2 LT1 Oo .� .. Q CI M c. 0 00 � Z . 0 • H tz, a) 0 13 °' n • r n t:7 H �•• sy ro a � in � cn rt H . rt O y M rC O p G ''7 r( 0• v s� c