HomeMy WebLinkAbout90-124
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CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 90-124
Being a by-law to authorize the entering into an Easement
Agreement with Ontario Hydro to permit an easement over
Part 7 (Sub Part 3), Part 5 (Sub Part 5), Part 2 (Sub
Part 7), and Part 1 of Reference Plan 10R-2957, in Lot
31, Concession 4, former Township of Darlington, Town of
Newcastle.
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 Corporate Seal, an Easement Agreement between Ontario
Hydro and the Corporation of the Town of Newcastle dated this
16th day of July, 1990, which agreement is attached hereto
and marked Schedule 'A'.
By-law read a first time this 16th day of July 1990.
By-law read a second time this 16th day of July 1990.
By-law read a third time and finally passed this 16th day of July 1990.
MAYOR
~'r
. . ~y CLERK
CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 90-124
Being a by-law to authorize the entering into an Easement
Agreement with Ontario Hydro to permit an easement over
Part 7 (Sub Part 3), Part 5 (Sub Part 5), Part 2 (Sub
Part 7), and Part 1 of Reference Plan 10R-2957, in Lot
31, Concession 4, former Township of Darlington, Town of
Newcastle.
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 Corporate Seal, an Easement Agreement between Ontario
Hydro and the Corporation of the Town of Newcastle dated this
16th day of July, 1990, which agreement is attached hereto
and marked Schedule 'A'.
By-law read a first time this 16th day of July 1990.
By-law read a second time this 16th day of July 1990.
By-law read a third time and finally passed this 16th day of July 1990.
MAYOR
~il:
urV CLERK
SCHEDULE "A" TO BY-LAW 90-124
Road Allowance Being Conveyed For Private Use
90273 (UNREGISTERED EASEMENT)
rev 82.()6
THIS TRANSFER AND GRANT OF EASEMENT dated the 10th day of July
1990
Between: Corporation of the town of Newcastle
-and-
ONTARIO HYDRO
herein called the GRANTOR
Witnesseth:
L The Grantor is the owner in fee simple and in possession of Lot 3 1
or according to Registered Plan No. 10M808 Lots 29, 30 and 33
, Defined as Part 7 (Sub Part 3), Part 5 (Sub Part 5), Part 2 (Sub Part 7),
inthe Town of Newcastle, formerly Township of Darlington.
in the Fourth
Concession,
and Part 1 of Reference
Plan 1OR2957. ...
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
00
One -----------------------------------------------------------
100 ($ 1. 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 pole 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 . 5 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 . 5 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.
Signature
e
e
Signed, Sealed and Delivered ~ / /!' y
in the presence of p:;" !-
# 0 '"'~
Signature
40 Temperance St.
Bowmanville, ON
._1
Road Allqwance Being Conveyed For Private Use
90273 (VNiREGlstSREO EA$EMENT).
rev 82-06 :
THIS IfRANSFER AND GRANT OF EASEMENT dated the lOt h day of J u I y
1990
Between: CO,rporationof the town of Newcastle
- and -
ONTARIO HYDRO
herein called the GRANTOR
Witnesseth:
1. The Grantor isthieownerin fee simple and in possession of Lot 31
oraccordirtg to Registered PlahNo. 10M808 Lots 29, 30 and 33
Defined.$s jfart 7 (SubPart 3), Part :3 (Sub Part 5), Part 2 (Sub Part
inthe ToWn of Newcastle, formerly Township of Darlington.
in the Fourth
Concession,
7), and Part 1 of Reference
Plan 1OR2957. '"
the Regi6m of Durham
2. Ontario Hydro naserected, 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 CONSI(jERATION of the sum of
00
On~ ~-~--------------------------------------------------------
100 ($ 1.00 ) Dollars
of lawful-Inoneyof Canada, paid by Ontario Hydro to the Grantor, the Grantor hereby grants, transfers, and conveys in perpetuity to
Ontario Hydro,lts successors and assigns, the rights and easement:
(a) To el'~ct, mailitain, operate, repair, replace, relocate, reconstruct and remove at any time and from time to time in, over, along
and uporror unxlertheland 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 pole and no anchors with all guys, braces, wires, cables, and
associated matetial and equipment (all or any of which works are herein called "the line");
(b) To cUit and remove, or to clear and keep clear, all trees, brush and other obstructions and materials for a distance
of 5.5 . metres on each side of the centre line of the said line, and subject to paY!l1ent 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 Of without vehicles, supplies, machinery and equipment for all purposes
necessary orconveni~nt to the exercise and enjoyment of the rights and easement hereby granted subject to payment by Ontario Hydro
ofcompensation:fof.anycrop or other damage sustained by the Grantor caused by the exercise of this right of entry and passageway;
(d) To renilOve, relocate and reconstruct the line on or under the strip, subject to payment by Ontario Hydro of additional
compensation fotanydamage caused thereby.
4. THE GraMm (jove'nants and agrees not to erect any buildings, structures, Of other obstructions of any nature whatever or pile
materials ()fanykindfor a distance of 5 . 5 . 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.
s.. .. THE.GrantQf covenants with Ontario Hydro that he has the right to convey the said rights and easement over or under the said land
tQOntario Hydro, and that Ontario Hydro shall quietly possess and enjoy the said rights and easement, and that he will execute such
further assurances of thesaidrights and eas.ement as may be requisite.
6. ALL covena~ts herein contained shaU be construed to be several as well as joint and wherever the singular and the masculine are
used in this Tran$ferandGrantof Easement, the same shall be construed as meaning the plural or the feminine or neuter where the
context of th~ parties hereto so require.
7.... THE burdeniandbenefitof this Transfer and Grant of Easement shall run with the land and shall extend to,be binding on and
enure to the benefit (~fthe parties hereto and their respective heirs, executors, administrators, successors; and assigns.
^~
Sig.n. ed, Seal. ed. an. ~...............D~ li..v...ere d (J2..:ZP. . ./' P J. 'i J '. 11uJre · . t(u A. / I). .....e.... ........................
the presence of.. . 6L {~
,~/ . ~::=:~~. .-
. . 40 Tempe ce St.
Bowmanville, ON
Line
QC 23 01
607~17108..:.n14-885
Address
LiC 3A6
w.O.
.'
Road Allowance Being Conveyed For Private Use
90213 (UNREGISTEREO EASEMENT)
rev 82-<06
Tlns TRANSfER AND GRANT OF EASEMENT dated the 10th day of J u I y
1990
Between: Gorpioration of the town of Newcastle
- and -
ONTARIO HYDRO
herein called the GRANTOR
Witnessetb:
The Grantor is thf':owner in fee simple and in possession of Lot 3 1
or according to Registenid Plan No. 10M808 Lots 29, 30 and 33
Defined as Part 7 (Sub Part 3), Part 5 (Sub Part 5), Part 2 (Sub Part
in the Town. of Newcastle, formerly Township of Darlington.
in the Fourth
Concession,
7), and Part 1 of Reference
Plan 1OR2957.
in the Region of Durham
2. Ontario Hydro has erected, or is about to erect, a line for the transmission of power on or under this land, or on or under land adjacent
thereto.
Signed, Sealed and Delivered
int~# (lP
3. IN CONsm$RATION of the sum of
One -~--~--~------------------------------------------------_~~___
100 ($ 1. 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, it~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 pole and no anchors with all guys, braces, wires, cables, and
associated materi~I and equipment (all or any of which works are herein called "the line");
(b) To cut ;!andremove, or to clear and keep clear, all trees, brush and other obstructions and materials for a distance
of 5.5 tJiettes 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
lUible to fall and c6me in contact with the line;
(c) To entefon 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
l1eoessaryor conv~ient 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) 1'0 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 Gt~ntbr covenants and agrees not to erect any buildings, structures, or other obstructions of any nature whatever or pile
materials of allY kiind' for a distance of 5 . 5 metres on each side of the centre line of the said line except fences not
exceeding 2 metresinheightor change the grade of the strip without the consent of Ontario Hydro.
THE Gra:ntor' covenants with Ontario Hydro that he has the right to convey the said rights and easement over or under the said land
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 s~id rights and easement as may be requisite.
6. ALL cov~nanits herein contained shall be construed to be several as well as joint and wherever the singular and the masc~line 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 partles hereto so require.
THEl::lurdenand 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.
SigM,"~{~e
Signature
i.J
40 Temperance
Bowmanville,
Line
QC 23 Dl
607-17108-7714-885
Address
L1C 3A6
W.O.
-jJ
I
TOWN
REGIONAL
OF
MUNICIPALITY
NEWCASTLE
OF DURHAM
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~ 40083---
~ rev. 84.10 schedule 'A'
property easement sketch
legend:
new poles
new anchors
new line
lot:
parcel:
owner
.
31
~
concession:
owner
4
township:
agent
existing poles
existing anchors
existing line
easement width
o
---)
Town of Newcastle (formerly Darlington)
plan:
10M-808
sub-lot:
date
29, 30, 33
-----n------
_____~L______
district:
QC 23 D