HomeMy WebLinkAbout83-90
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 83-90
being a by-law to authorize the execution of an
Offer to Grant an. Easement with Pypker Enterprises
Limited.
THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE HEREBY ENACTS
AS FOLLOWS:
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 with Pypker Enterprises
Ltd., which is attached hereto as Schedule IIXII.
By-law read a first time this 13th day of June 1983
By-law read a second time this 13th day of June 1983
By-law read a third time and finally passed this 13th day of June 1983
4~~-4~
Mayo r
L.()~,~
Clerk
[fil. NO.-. ~~ii!()L.____1
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OFFER TO GRANT AN EASEMENT
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I/WE, the undersigned ... '~'I.1?1>:s~.. {;/!.r!:.~ t:~ ~ ~.c;.~.. .~:.c:..
. . . .'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. of the .'~. w. ~ . . .C? . .f. . . . . . . . .
..Bt;Jw.J:1t11l.C;II-$t.-~... in the Town of Newcastle, as
Grantor(s) in consideration of the sum of $2.00, the receipt whereof
,..
is hereby acknowledged hereby agree to grant to the Town of
Newcastle, its successors, and assigns, free from encumbrances,
an easement and right to enter in perpetuity, through, in over and
across the lands more particularly described in Schedule "A" attached
hereto for the sum of . ~f"~7~~~. ._H"~tcl42F;Q. . .<)Ph <r-A~ A . . . . . . . .
/L/ x:>'~o /:}
($...7/........) 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 .... ON!=:. . .... years to be fully
completed and ended on the ~~:.~. day of ..~/.1.~.........:......,
19.$.t. for the sum of . .c;::~.~. /!f':u."?(Z.l!!fL? ."t'. /f<itf:^-(T,;r.. /:.(~~.. .4JP.,-;~4-.~
($. .L ;<~". ~ . . . ) .
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 e~amine 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 requi-
sition made 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
mailed, postage prepaid, addressed to the Grantor at ...............
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The above transaction of granting the ease~ent shall be closed sixty
(60) days after the acceptance of this offer and on closing the Grantor
shall deliver a fully executed Grant of Easement in register~ble form
provided by the Grantee
I BY-Iaw~o:~_;~:~:,_:] ..a full release on a form to be
, '
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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.
I -r l..s v^" DE 12 'S" TO 0 0 /-lA/I;)' A 6A?~ tE:.,D T/~/,4:r 7~/e -O/Tc../-) JC,H!"dr.?
C/VD CJ.t'" Se~;:;/C:. 'To C/<€&K 84,/oJ/C: C-u/<.-L.. /3& C:=K.4-Oe~ c:.u/r/-7
..2: / S/,,()e S'-DJoe 5 /14.//./ ~o"JJPE,C).
DATED THIS
/-3 77t
day of .... .1Y~1-.7. .. .. ............, 19~~~...
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SCHEDULE "A"
Offer to Grant a Permanent Easement from ...............
. PX!? K~~ . .4 !'!.~~/f !:~~~?"~ . . ~T~ . -. to the Town of
Newca"stle.
ALL AND SINGULAR those certain parcels or
tracts of land and premises situate lying and being
in the----JOwN 0./ NCtJC45/LC
,
in the Regional Municipality of Durham and being com-
posed of /11l'f?i L-o T
KOt..JH/fut//L- L- e
13) ~AJCcs.s/u~~, %k/'#{/
, designated as Part I
o~
on a Reference
Plan deposited in the Registry Office for the Registry
Division of Ontario County as Plan No. /0 R /60/ .
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SCHEDULE. "."
~90ItA.fL..,
Offer to Grant a P8..an~I&~ Easement from ...............
.. .1?'y:.;::.;r~;;c;.. Sy?:e:/~?~/{>Fi?. A~~;. to the Town of
Newca.stle.
ALL AND SINGULAR those certain parcels or
tracts of land and premises situate lying and being
in the
~ /
lou'//J) ("),LJ A./c:/.....x:::A,5/L-c.
,
in the Regional Municipality of Durham and being com-
/;; LJ n..J o;!
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, designated as
Part
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posed of ?;::::;"er 10 T
.&LUr-fAA/U/L L.-C
on a Reference
Plan deposited in the Registry Office for the Registry
'Division of Ontario County as Plan No.
/0 K /60/
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1 By-law No.____<Lt::_l_!L_-J
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.'t'1US moEN'rtm!: made in d.uplicate this day of
'e'
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B E or WEE N: Py PlCE:R E f\JTc-R. PRISES L-r.o.
hereinafter called the "GRANTOR(S)n
of the first part
-and-
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of rtJ~ TD~'" 0 i' NE\MC.AST(.c
_ _ ____I
"TME. CotePo~AT'ON
hereinafter cal.led the "GRANTEE"
of the second part
-and-
WHEREAS the Grantee has requested the 6rantor (s) . to execute t...1.ris conveyance and t...'le
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
($
) now paid by t...'1e Grantee to
the Grantor (s) the receipt whereof is hereby acknowledged. t..'le said Grantor (s) do
hereby
grant, transfer and convey unto. the Grantee, its successors and assigns tile free, '.JJ1-
interrupted and unobstructed right and easement to construct, operate. and maintain such
sewer or sewers toget...'1er 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 City, Town, Town-
ship of
in the Regional Municipality of Durham and more particularly
described in Schedules "A" and "s" attached hereto;
TOGETHER with the right of the Grantee, its successcrs and assigns and its and their
servants, agents, contractors and workmen with all necessary materials, equipma~t,
machinery and vehicles to enter upon the said lands at all ti~es and to pass and repass
thereon for the purposes of installing, constructing, reconstructL~g, examining, altering,
repairing, renewing or replacing (including replacement with a sewer or sewers of larger
size or capacity) and maintaining the said sewers or any part t..'lereof whet.'1er or ::ot any
part to be so constructed, installed, repaired, renewed, altered, replaced or rnaL~taL~ed
is situate on the land described above.
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TO HAVE AND TO HOLD the said ea.sement or riqht in the nature of an easement on, in,
across, under and through the lands descr:iJ:)ed 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 riqht 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 fu1.1y completed and ended on the
day of
, 19
~ the Grantor(s), for
heirs, executors, administrators,
successors and assiqns covenant(s) with the Grantee, its successors and assiqns to keep
the said lands described in Schedule "An attached hereto free and clear of any buildinqs,
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 thinq which mayor miqht injure or damaqe
any of the works of the Grantee herein.
AND the Grantor(s) covenant(s) with the Grantee that
the right to
convey the said rights and easements to the Grantee, notwithstandinq any act of the
Grantor(s)
~ the Grantee.shall have quiet possession of the said riqhts and easements, free
from all encumbrances, save as aforesaid.
~ the Grantor (s) covenant (s) with the Grantee that
will' execute such further
assurances of the said rights a..!ld easements as may be requisite.
~ the Grantor(s) release(s) to the Grantee all claims upon ~e estate herein
conveyed for the rights granted by this indenture.
~ the Grantee covenants and agrees wit.'1 the Grantor (s) that it will fill in all
excavations and, as far as is practicable, restore the lands and premises to t.~e
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 sewer or sewers and t.'1at this indenture shall be binding upon and enure to t.~e
benefits of the parties hereto and their respective heirs, ~~ecutors, administrators,
succ~ssors and assigns.
~
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~ the Enc:umbrancer(s) to the extent of
Grantor (s) hereby eonsent(s) to and aqree (s) in the qrant herein contained and for
interest in the land of the
heirs, executors, administrators, successors and assiqns
hereby subordinate and postpone all riqht, title and interest in the lands herein to
the Grantee and to the riqhts and easements herein qranted.
AND
wife of the Grantor hereby consents to the
..
qrant of the riqhts and easements herein and hereby bars her dower in the lands herein
to the extent of the riqhts and easements herein qranted.
IN WITNESS WHEREOF the Pa~~es hereto have hereunto set their hands and seals.
SIGNED, SEALED AND DELIVERED )
in the presence of )
)
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THE REGIONAL MUNICIPALITY OF DURHAM
CHAIRMAN
CLERK
PlAN MATERIAL
PLASTIC MATERIAL. MYLAR
GAUGe: - 0,003 INCH
PROCfSS - PHOTOGRAPHIC
INK - SPECIAL uTI!
METRIC
DISTANCES SHOWN ON THIS PLAN ARE IN METRES
AND CAN BE CONVERTED TO FEET BY DIVIDING BY
0.3048
SCHEDULE
mRT LOCATION AREA
I Lor 13,CONCESSION I 519 m2
2 (80'NMANVILLE ) 232 m2
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I REOlJlRf fHlS F\.AN TO Sf DfPOSITED
uraR mE RfGlSTRY ACT.
PLAN lOR.- J fa 0 I
106 "26
RECEIVED AND DEPOSITED
APRIL 4 I '983
DATE
(JPf<IJv ~ ICf~3r-
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SIGNATURE
M, D, BROWN
NAME IN PRINT
PLAN OF SURVEY
OF PART OF Lor 13, CONCESSION I,
FORMER TOWN OF BOWMANVILLE)
NOW WITHIN THE LIMITS OF THE
TOWN OF . NEWCASTLE
REGIONAL MUNICIPALITY OF DURHAM
SCt\LE: I 500
M. 0 BROWN 0 L. S.
1983
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SURVEYOR'S
CERTIFICATE
CERTIFY THAT:
fHIS 9JRVEY AND PLAN APE. CORRECT AND IN ACCOROAW,;E WITH THE SURVEY'S ACT
AND Tl-E REGISTRY AI.:T MD mE REWLATIONS MADE THEREUND€R.
2. 'HE SURVEY WAS CtJMPLETED ON THE 31 S r DAY OF MARCH, 1983
APRIL 4,1983
~
ONTARIO LAND SURVEYOR
BEARING
REFERENCE
rHE 8EAR/NG OF niE WESTERLY lIMtr OF SCUG'OG STREEf, SHGWN AS
NI8<>15' 30"W (ASTRONOMIC) ON PLAN lOR (453, GOVERNS ALL BEARINGS
<3HOWN HEREON.
-<r CENOTES MONUMENTATION ~ANTED
-t- D€NOT!S MONUMENTATlON FOOND
918 r::e.oTES STANDARD IRON BAR,25 MM. SO. ,122CJ riM. LCNG,
IS DENOTES IRON 8AR, 16 MM. SQ., 610 MM. LONG
CAUTION: THIS PLAN IS NOT A PLAN OF
SUBDIVISION WITHIN lliE MEANING
OF THE PLANNING ACT:
MERRILL D. BRONN LIMITED
LAND StJRVE)'ING AND ENGINEERING
16 TEMPERANCE STREET,
80WMANVILLE, ONTARIO.
PHONE: 416-623' 72~1 L1C .3M
DATE'
APRIL 4 , 1983
SCALE.'
I: 500
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