HomeMy WebLinkAbout84-83
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 84-83
being a bY-law to authorize the execution
of an agreement between the Corporation of
the Town of Newcastle and the Regional
Municipality of Durham
The Council of the Corporation of the Town of Newcastle, ENACTS
AS FOLLOWS:
THAT the Mayor and the Clerk are hereby
authorized to execute on behalf of the
Corporation of the Town of Newcastle and
seal with the Corporation Seal, an agreement
between the Regional Municipality of Durham
and the said Corporation, granting the
Regional Municipality of Durham permission
to construct services across Town-owned
lands, as attached hereto as Schedule "X",
and dated the day of 1984.
BY-LAW READ a first and second time this 11th day of June 1984
BY-LAW READ a third time and finally passed this 11th day of June, 1984.
~/
/
?~ k/"
- ~ .. ;?<-....-I!
Mayor
LeiLAJ r!JA..
Clerk
lFile No ....J(".,....I'1.:..1n................. I
GRANT OF EASEMENT
THIS INDENTURE made in duplicate this 27th day of January, 1984.
BETWEEN;
THE CORPORATION OF THE TOWN OF NEWCASTLE
hereinafter called the "GRANTOR(S)"
OF THE FIRST PART
-and-
THE REGIONAL MUNICIPALITY OF DURHAM
hereinafter called the "GRANTEE"
OF THE SECOND PART
I
I
WHEREAS The Grantee has requested the Grantor to execute this conveyance and the
Grantor has 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 Two------------------------------------------------
($2.00)-------------------------DOLLARS payable by the Grantee to the
Grantor the receipt whereof is hereby acknowledged the said Grantor
hereby grants, transfers and conveys 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 time on, in, across, under and through
the lands situate in the Town of Newcastle, (formerly Township of Darlington,
in the Regional Municipality of Durham and more particularly described in
Schedule "A" attached hereto;
I
i
I
i
I
I
TOGETHER with the right of the Grantee, its successors and assigns and its and
their serv.ants, agents, contractors 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,
reconstructing, examining, altering, repairing, renewing or replacing and
maintaining the said watermain or 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 ossigns for its and their sole and only use
forever;
AND the Grantor, for its heirs, executors, administrators, successors and
assigns covenants with the Grantee, its successors and assigns to keep the said
lands described in Schedule "A" hereto free and clear of any buildings, or
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
f injure or damage any of the works of the Grantee herein;
AND the Grantor covenants with the Grantee that it has the right the right
to convey the said rights and easements to the Grantee, notwithstanding any act
of the Grantor;
r
AND the Grantee shall have quiet possession of the said rights and easements,
free from all encumbrances, save as aforesaid;
AND the Grantor covenants with the Grantee that it will execute such further
assurances of the said rights and easements as may be requisite.
AND the Grantor releases to the Grantee all claims upon the estate herein
conveyed for the rights granted by this indenture.
i
AND the Grantee covenants and agrees with the Grantor 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 and assigns;
AND the Encumbrancer to the extent of its interest in the land of the
Grantor hereby consents to and agrees in the grant herein contained and for
its heirs, executors, administrators, successors and assigns hereby subordinate
and postpone all right, title and interest in the land herein to the Grantee and
the rights and easements herein granted.
THE CORPORATION OF THE TOWN OF NEWCASTLE
f Mayor
i
Clerk
THE REGIONAL MUNICIPALITY OF DURHAM
m o �
V ve O � �/✓i�
r
� Z
=uD ml
_ N1B6 0013 W
A IJGNI IJUII) OH `\ `V ��
I N9.0 aQiA^W
4 tq
I1lb>
YRm
--T--. P
u.00.rte`z
H,>•30.70W w p
SY IV�31'il'W vii..l
�Ni3•SOY�' HIS•lO ZO'M
1031 Ali
fJDFl �--��,� 1rNfl ph=,_b�N( BC=WbE; 1p13 114hD J7
•��" 4� � I lYa u
� • o y73� 1'�y v D
Vr n
1� W R 1C2J J � 5 1
l'l,� '•9�J P���� n I �I I V
VV R m I •I�OV S pr�t //J<0j 1`•,3�•t/
G � h/J•�rJpPO � oe0p. � 'y 1/ .1y r
a 0
ti
u p
P'�r/ HP eij,P� ,t
I l) \� > 4•
1 I `l t Pl .♦
h
I 111
z
W L I
01
I��