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Home My WebLink About93-43 .. THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 93-43 being a by-law to authorize the execution of an Agreement between Ontario Hydro and the Corporation of the Town of Newcastle for a Transfer and Grant of Easement. (Part of Lot 9, Concession 1, Former Township of Clarke) 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's Seal, a Transfer and Grant of Easement between Ontario Hydro and the said Corporation, dated the 22nd day of March, 1993, in the form attached hereto as Schedule "A". 2. THAT Schedule "A" attached hereto forms part of this By-law. By-law read a first time this 22nd day of March, 1993. By-law read a second time this 22nd day of March, 1993. By-law read a third time and finally passed this 22nd day of March, 1993. IP~~cffI#Uf./ MA R ~ .~-r DEP ~ ... Schedule "A" to By-law 193-43 Page 1 90273 (UNREGISTERED EASEMENT) rev 82-06 . , THIS TRANSFER AND GRANT OF EASEMENT dated the 22 day of March 1993 Between: THE CORPORATION OF THE TOWN OF NEWCASTLE herein called the GRANTOR - and - ONTARIO HYDRO Witnesseth: PART OF PART 1. The Grantor is the owner in fee simple and in possession of Lot NINE in the FIRST Concession, ~F9iHg-te R8gist8roe ~ AS SHOWN HATCHED ON THE PLAN CONTAINED IN SCHEDULE I A I liERE TO. in the TOWNSHIP OF CLARKE: NOW THE TOWN OF NEWCASTLE in the REGION OF DURHAM 2. Ontario Hydro has erected, or is about to erect, a line for the transmission of power on or under this land, or on or under land adjacent thereto. 3. IN CONSIDERATION of the sum of ------ ONE HUNDRED AND FORTY ------------------------- 00 xx ($ 140.00 ) Dollars of lawful money of Canada, paid by Ontario Hydro to the Grantor, the Grantor hereby grants, transfers, and conveys in perpetuity to Ontario Hydro, its successors and assigns, the rights and easement: (a) To erect, maintain, operate, repair, replace, relocate, reconstruct and remove at any time and from time to time in, over, along and upon or under the land as shown on the sketch attached hereto as Schedule "A" (herein referred to as "the strip") an electrical transmission line or lines consisting of ONE poles and NO anchors with all guys, braces, wires, cables, and associated material and equipment (all or any of which works are herein called "the line"); (b) To cut and remove, or to clear and keep clear, all trees, brush and other obstructions and materials for a distance of 5.0 metres on each side of the centre line of the said line, and subject to payment of additional compensation therefor, to cut and remove all leaning and decayed trees located at a greater distance from the said centre line whose condition renders them liable to fall and come in contact with the line; (c) To enter on and to pass and repass at any and all times in, over, along and upon the lands of the Grantor for the servants, agents, contractors and sub-contractors of Ontario Hydro with or without vehicles, supplies, machinery and equipment for all purposes necessary or convenient to the exercise and enjoyment of the rights and easement hereby granted subject to payment by Ontario Hydro of compensation for any crop or other damage sustained by the Grantor caused by the exercise of this right of entry and passageway; (d) To remove, relocate and reconstruct the line on or under the strip, subject to payment by Ontario Hydro of additional compensation for any damage caused thereby. 4. THE Grantor covenants and agrees not to erect any buildings, structures, or other obstructions of any nature whatever or pile materials of any kind for a distance of 5.0 metres on each side of the centre line of the said line except fences not exceeding 2 metres in height or change the grade of the strip without the consent of Ontario Hydro. 5. THE Grantor covenants with Ontario Hydro that he has the right to convey the said rights and easement over or under the said land to Ontario Hydro, and that Ontario Hydro shall quietly possess and enjoy the said rights and easement, and that he will execute such further assurances of the said rights and eas.ement as may be requisite. 6. 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 Transfer and Grant of Easement, the same shall be construed as meaning the plural or the feminine or neuter where the context of the parties hereto so require. 7. THE burden and benefit of this Transfer and Grant of Easement shall run with the land and shall extend to, be binding on and enure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. Signed, Sealed and Delivered in the presence of ~J~ Signature Mayor ~ ( seal) Line QC 23 D1 607-17108-7714-885-102-103 ~~ d~ (.wI Signat e ~y Clerk 40 TEMPERANCE STREET Address BOWMANVILLE I ONTARIO LIe 3A6(7Jk~~' ~~v W.O. Lar 9 \ legend: new poles new anchors new line ex isti ng poles existing illlchors existing line easement width CON z ROAD ALLOWANCE BETWEEN CONCESSIONS 1 AND 2 ( HILL STREET ) Lar 9 THE KING'S HIGHWfi,.Y LIMIT OF EASEMENT LAND OWNED BY .11tE mwN~-~l ' . __ _, ~p:~~~::~~_~~~_e~Ule 'A' I t'OT': i __!'.ART _ Lar NINE I concession I H~~E~___________ : township: l-- C~A~~: u~Q~'L_!~~ ~ OF NEWCASTLE i ~"'~... plan: -- l- -VIL4~GE_OF_NEWTONV~LLE t1mTi1;T':"' 607-17108-7714-885~1~~~_~03 __________ ~GION OF DU~ ---T------------- I-~~nel I i ! owner o ---,------1 o ___ _u_ ___) ;>~l(nt (Lq~ E1--- .-. - If\ - -- -- - -p -- - -- -- work order ..__L NO. 2 o CEN~APH ~ 5.0rn ~II~ l.Om "" c..(j CO U) t) .....:l z Cil ~ en Cil U ~ .....:l .....:l <:t: o ~ 0:: CO r-i '**" ~ 1/ ., I ~ Cil .....:l .....:l I z l:I2 n =' III j:l. = I-' III - ~ rt o ~ I I-' '~ \C W I .j::oo W .....:l ~ H c.:J ~ not to scale parcel: property easement sketch '"d Ql O'Q III N ... THIS TRANSFER AND GRANT OF EASEMENT dated the 22 day of March 1993 Between: THE CORPORATION OF THE TOWN OF NEWCASTLE herein called the GRANTOR . . -and- ONTARIO HYDRO Witnesseth: PART OF PART 1. The Grantor is the owner in fee simple and in possession of Lot NINE in the FIRST Concession, &~FEMRg-t&~ AS SHOWN HATCHED ON THE PLAN CONTAINED IN SCHEDULE I A I RERE TO. in the TOWNSHIP OF CLARKE: NOW THE TOWN OF NEWCASTLE in the REGION OF DURHAM 2. Ontario Hydro has erected, or is about to erect, a line for the transmission of power on or under this land, or on or under land adjacent thereto. 3. IN CONSIDERATION of the sum of ------ ONE HUNDRED AND FORTY _________________________ 00 ---------------------------------------------------------- xx ($ 140.00 ) Dollars of lawful money of Canada, paid by Ontario Hydro to the Grantor, the Grantor herehy grants. transfers. and conveys in perpetuity 10 Ontario Hydro, its successors and assigns, the rights and easement: (a) To erect, maintain, operate, repair, replace, relocate, reconstruct and remove at any time and from time to time in, over, along and upon or under the land as shown on the sketch attached hereto as Schedule "A" (herein referred to as "the strip") an electrical transmission line or lines consisting of ONE poles and NO anchors with all guys, braces, wires, cables, and associated material and equipment (all or any of which works are herein called "the line"); (bf To cut and remove, or to clear and keep clear, all trees, brush and other obstructions and materials for a distance of 5.0 metres on each side of the centre line of the said line, and subject to payment of addi,tional compensation therefor, to cut and remove all leaning and decayed trees located at a greater distance from the said centre line whose condition renders them liable to fall and come in contact with the line; (c) To enter on and to pass and repass at any and all times in, over, along and upon the lands of the Grantor for the servants, agents, contractors and sub-contractors of Ontario Hydro with or without vehicles, supplies, machinery and equipment for all purposes necessary or convenient to the exercise and enjoyment of the rights and easement hereby granted subject to payment by Ontario Hydro of compensation for any crop or other damage sustained by the Grantor caused by the exercise of this right of entry and passageway; (d) To remove, relocate and reconstruct the line on or under the strip, subject to payment by Ontario Hydro of additional compensation for any damage caused thereby. 4. THE Grantor covenants and agrees not to erect any buildings, structures, or other obstructions of any nature whatever or pile materials of any kind for a distance of 5.0 metres on each side of the centre line of the said line except fences not exceeding 2 metres in height or change the grade of the strip without the consent of Ontario Hydro. 5. THE Grantor covenants with Ontario Hydro that he has the right to convey the said rights and easement over or under the said land to Ontario Hydro, and that Ontario Hydro shall 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. 6. 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 Transfer and Grant of Easement, the same shall be construed as meaning the plural or the feminine or neuter where the context of the parties hereto so require. 7. THE burden and benefit of this Transfer and Grant of Easement shall run with the land and shall extend to, be binding on and enure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. Signed, Sealed and Delivered in the presence of /M~~Y (seal) Line QC 23 01 607-17108-7714-885-102-103 Signature Mayor ~ -~ ~7/ (s~ ~~ ~y Clerk 40 TEMPERANCE STREET Address BOWMANVILLE I ONTARIO LIC 3A6 /J ~ '..1 ~ CT-#l~1!f7 1/7d~ W.O. Lor 9 0'1 ~ co legend: new poles ncw anchors new line existing poles ex isting ilnchors existing line eascment width CON 2 ROAD ALLOWANCE BETWEEN CONCESSIONS 1 AND 2 ( HILL STREET ) U) t) ....:l Lor 9 CON 1 z w ~ CO CENarAPH o -+-1 I-+- l.Orn w u ~ ....:l ....:l ..:t HIGrWlr>.Y NO. 2 THE KING'S 4) -.-.--,---'1 o .-- -_.- -.-) I d ,t~ f '" ~,. - - '.- ~_ ~_ _0.1___ .~. ! W('Irk. cHdcr . -- _.! ~ LIMIT OF EASEMENT LAND OWNED BY THE row:" OFNEWfas~_ "~'~UI' 'A' I ~r. parcel: i ,_~?RT _ Lqr' . _~I!'J~_ I concession: . ONE I ..---. _.- ...._.._.._~.-- : township: ! CLARKE: NOW T?~ TOWN OF NEWCASTLE ! :;.-;;~..:._- .. ..--.--- plan: I . ('.. -=.'n L[,,;;.GE_OLNEWIDNV-ILLE 11InTi=- 6Q7-17108-7714-885-102-103 REGION OF DURHAM .--..-..-.--...-- .--.-.-------.--..- -. - o owner ;1~v;nt CI ~ 0:: .. en B- ID Co .: ~ - ~ co ...-1 - t"t Q ~ I .... .; ~ 0:: ~ cr.: W ....:l ....:l H i z \C W j.. W ....:l ~ H l? ~ not to scale property easement sketch "= : ID N -------r--- .______.__u. [- .. ! ownCI ~3