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TOWN OF B04MANVILLE
BY -LAW NO. _Jill
To authorize the Mayor and Clerk to
execute and affix the Corporate
Seal to a certain Agreement
between the Corporation of the
Town of Bowmanville and
George and Lois Huber
THE COUNCIL OF THE CORPORATION OF THE TOWN OF
BOViMANVILLE
ENACTS AS FOLLOdS
1. That the Mayor and Clerk be and are hereby authorized to
execute and affix the Corporate Seal to a certain Agreement
dated the 28th day of November A:D., 1962 between the
Corporation of the Town of Bowmanville and George and Lois
Huber
READ a First and Second time this 1st day of April
A. D., 1963
READ a Third time and Finally passed this 1st day of
April A. D:, 1963 .
CLER MAYOR
T H I S I N D E N T U R E
made the 28th day of November, A.D. 19620
IN PURSUANCE OF THE SHORT FORMS OF CONVEYANCES ACT.
B E T W E E N:
U'U11
AND
GEORGE HLM,ER � of the Town of Bowmanville in the
County off`" llur am, and
LOIS Ham- _, of the said Town of Bowmanville,
his wife..
hereinafter called the "GRANTORS"
OF THE FIRST PART:
i 1 r �.i 1
hereinafter called the "GRANTEE"
OF THE SECOND PART:
LANCELOT HENRY PHARE, of the Township of
birlington in the=ounty of Durham,
hereinafter called the "MORTGAGEE"
OF THE THIRD PART:
WHEREAS the Grantors are seized and possessed of the
lands hereunder described and hereinafter referred to as the lands
of the Grantors, and described as folbws:
Parcel 1- -All and singular that certain parcel or tract of land
and premises situate, lying and being in tae Town of Bowmanville, in
the County of Durham and Province of Ontario, and being / of
a
g / a part of
Lot No. 10 in the Broken Front Concession of the Township of Darllm;,
now n the Town of Bowmanville ••••
ton,/imore particularly described as follows:
COMMENCING at a point in the Northerly boundary of the said Lot 10; •'
... .
2 chains 50 links easterly from the north- westerly angle of the sati •
Lot; THENCE in an easterly direction along the said northerly
boundary of Lot 10 a distance of 25 feet to a point; THENCE Southerly
and parallel to the westerly boundary of the said Lot 10 a distaneb:-
of 3 chains 53 links to a point; THENCE Westerly parallal to the
Northerly boundary a distance of 25 feet to a uoint; THENCE Northei�3.%
-2-
now in the Town of Bowmanville
lington, /maze particularly described as follows:
COMMENCING at a point in the northerly boundary of the said Lot 10
in the Broken Front Concession 190 feet easterly from the North
Westerly angle of the said Lot; THENCE in an easterly direction
along the northerly boundary of said Lot No. 10 a distance of 25
feet to a point; THENCE Southerly parallel to the westerly boundary
of the said Lot 10 a distance of 3 chains 53 links to a point; THENCE
Westerly parallel to the Northerly boundary a distance of 25 feet to
a point; THENCE Northerly parallel to the westerly boundary 3 chains
153 links more or less to the Point of Commencement.
AND WHEREAS by virtue of a mortgage dated the 12th day
of December, 1958, and registered the 12th day of December, 1958,
as No. 7702 for the Town of Bowmanville, the Mortgagee of the Third
Part is mortgagee of the lands of the Grantors.
WITNESSETH that in consideration of TWO HUNDRED- - - - - --
------------------------ ($ 200. 00 ) ------------------------------ DOLLARS
of lawful money of Canada now paid by the said Grantee to the said
Grantors, the receipt whereof is hereby by them acknowledged, they
the said Grantors and the said Mortgagee do grant, convey and transfer
unto the said Grantee, its successors and assigns, to be used and
enjoyed as appurtenant to the lands and undertaking of the Grantee,
the right, liberty, privilege and easement so long as the rights
herein granted, or any of them, be exercised by the Grantee or its
assigns to use the lands as described in parcel 1 to lay down,
construct, operate, maintain, inspect, alter, remove, change the sire..
• • . . .
of, replace, reconstruct, repair and move one or more sewage pipe : • :
. • • .
lines, together with all the works of the Grantee necessary for its-
undertaking, including but without limiting the generality of the** . •
•. .
foregoing, all such sewage systems, valves, fittings, meters and :••••
other equipment and appurtenances as may be necessary or convenient• •
in connection therewith for the carriage, conveyance, transportatiob;-
and handling of sewage, together with the right of ingress and egre$s
to and from the said lands for its servants, agents, vehicles, suppi�e
-3-
1. The aforesaid grant includes the right from time to time tolocate
and construct additional sewage pipes lines, appliances and
appurtenant facilities on the lands as described in Parcel 1.
2. The Grantors shall have the right fully to use and enjoy the said
lands (subject always to, and so as not to interfere with, thg6asement
and rights appurtenant thereto hereby granted to and conferred upon
the Grantee)j Provided, however, that the Grantors shall not, without
the prior written consent of the Grantee, excavate, drill, install,
erect or permit to be excavated, drilled, installed or erected on,
over, under or through the said lands any pit, well, foundation, pavem
building or other structure which may injure, endanger or interfere
with the construction, operation, maintenance and repair of said sewag
pipe lines.
3. The Grantee shall compensate the Grantors for damage done to any
buildings, crops, fencer, timber and livestock on the lands of the
Grantors by reason of the exercise of the rights hereinbefore granted.
4. The Grantee shall, as soon as weather and soil conditions permit
and in so far as it is practicable so to do, bury and maintain all
sewage pipe lines so as not to interfere with the drainage or
ordinary cultivation of the said lands.
5. The Grantee, performing and observing the covenants and conditions
on its part to be performed and observed, shall and may peaceably
hold and enjoy the rights, liberties, privileges and easement hereby
granted without hindrance, molestation or interruption on the part
of the Grantors or of any person, firm or corporation claiming by,
through, under or in trust for, the Grantors.
6. Each of the parties hereto shall have the absolute right to
assign this agreement and all rights, privileges and benefits accruing
to it or them hereunder.
7. And the said Grantors covenant with the said Grantee that they
will execute such further assurances of the said easement as may be
requisite.
8. The said Grantors covenant with the said Grantee that they have
the right to convey the said easement to the said Grantee, notwith-
standing any act of the said Grantors.
9. The right of way and /or easement is and shall be of the same
force and effect to all intents and purposes as a covenant running
the land and these presents, including all the covenants and conditib
herein contained shall extend to be binding upon and enure to the;•.••'.
benefit of the heirs, executors, administrators, successors and •
assigns of the Grantors and the Grantee, respectively; and wherever•••'
the singular or masculine is used, it shall be construed as if the.'•, •i
plural or the feminine or the neuter, as the case may be, had •• •••
been used, where the context or the party or parties hereto so require'
and the rest of the sentence shall be construed as if the grammatical
or terminological changes thereby rendered necessary had been made:*:*
10. The right, liberty, privilege and easement herein granted is
hereby declared to be appurtenant to the lands of the Grantee, being..
In the Town of Bowmanville,formerly part of Lob 10 in the Broken F3:oAt
Concession of the Township of Darlington in the County of Durham, In..
the Province of Ontario. •...
ant,
The Mortgagee of the Third part joins herein to
release the rights of the grantee conveyed by this agreement from
the provisions of his mortgage.
IN WITNESS WHEREOF the said parties hereto have
hereunto set their hands and seals.
S IGNED,v SEALED and DELIVERED
in the presence of
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The Corporation of the Town of
Bowmanvi lle
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Form 124—Affidavit of Execution of Owumenh. United Stationery Co. Limited. Legal Form Dept.
688 Richmond St. W., Toronto
PROVINCE OF ONTARIO Raymond J. Jelsh
County of the Town of Bowmanville in the
of County of Durham
Durham
(00 Hit: , , make oath and say:
1. That I was personally present and did a" the annexed or within Instrument and a duplicate
thereof duly signed, sealed and executed by Leis E. K. Huber and
Geor#e. Huber *W of the parties thereto.
2. That the said Instrument and duplicate were executed by the said part ie.s
at the Town of Bowmanville
in the County of Durham �+
3. That I know the said part i e s s u./ 4jrf d ie y vle • sl f /fit f ��%� �� a f
74'Za,e,vf - o.ve ye#es
4. That I am a subscribing witness to the said Instrument Etr>;d' duplicate.
SWORN before me at the Town
of bovimanville
in the County
of Durham
this Te nth
day of Arril
1963
A Commissioner, etc.
IL
a form 124 — Affidavit of Exec%*lm of DoeumonN.
Unitod Stationary Co. Limited, Leval Form Dept.
688 Richmond St. W,, Tomto
PROVINCE OF ONTARIO �, Thomas Ka Stewart
County
of Of the Town Howma nvi l l e in the
Durham county Of Durham
CIO Va.- • . make oath and say:
1. That I was personally present and did see the annexed or within Instrument and a duplicate
y Lance `h
thereof duly signed, sealed and executed h p
are
Ott# OP the parties thereto.
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