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HomeMy WebLinkAboutWD-56-84.�&: CORPORATION OF THE TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT HAMPTON, ONTARIO LOB 1JO R. DUPUIS, P. ENG., DIRECTOR TEL, (416) 263.2231 987 -5039 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF JUNE 4, 1984. REPORT NO.: WD -56 -84 SUBJECT: GRANT OF EASEMENT TO THE REGION OF DURHAM FOR CONSTRUCTION OF SERVICES ACROSS TOWN -OWNED LANDS. RECOMMENDATION: It is respectfully recommended: 1. That this report be received; and, 2. That a by -law be passed authorizing the Mayor and Clerk to execute, on behalf of the Town, an agreement of the form attached hereto granting to the Region of Durham permission to construct services across Town -owned lands; and, 3. That W.D.M. Consultants, acting as agents on behalf of the Courtice Heights South plan of subdivision, be advised of this action, and be requested to provide agreements in a form suitable for registration to the Town Clerk for execution by Town Officials; and, 4. That upon execution by the Town, such documents be forwarded to W.D.M. Consultants for further processing® .. ®2 Page 2 REPORT NO. WD -56 -84 REPORT: The attached plan depicts the alignment of Sandringham Drive proposed for the Courtice Heights South Subdivision. The portion shown as Part 2 was acquired by the Town in August 1981 and is therefore owned by the Town. The balance of Sandringham Drive is owned or will be acquired by the developer. Servicing of the development in accordance with the subdivision agreement will require construction of a watermain by the Region of Durham across Sandringham Drive. Prior to construction of the road and assumption of it by the Town, an easement for the watermain across the Town -owned lands will be necessary. The agreement attached is a standard format prepared by the Region of Durham Solicitor's Department. Accordingly, it is appropriate for the Town's officials to execute the agreement on behalf of the Town. As the documents now in the Town's possession are draft documents, it will be necessary for the developer's agent to submit registerable agreements for signature of the Mayor and Clerk. Subsequent processing of such agreements will also be the responsibility of him and /or the Region. Respectfully submitted, R.G. Dupuis, P En g., P. ., 9 Director of Public Works. RGD:jco May 23, 1984. Attachment 'D ,4(b) r 1 �n v ID nr� O q. t 700 \ N6001S�W �J DOI :JOBI � U.el 0� "i jIJ0H11J � j IImo " iV N9 °0]1!`w 2 O HI! °50'20 "M I].00 f x NIS °!0'70'w u .mj ar � u °1N�] °!O$rt' NIS °5070 "w J V P , POs, mlc "TTE 1CNOC IIHE ON PEI -EE. wEE m o p n v - 1 �n v wv we q. t f � e o . ti a � � v b I 2 Iv q �4 I � wv we 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 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; TOGETHER with the right of the Grantee, its successors and assigns and its and their servants, 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 assigns 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 t'b be done any other thing which may or might 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; 11 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. 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 Mayor Clerk THE REGIONAL MUNICIPALITY OF DURHAM SCHEDULE "A" ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Newcastle, (formerly Township of Darlington), in the Regional Municipality of Durham, being composed of Part of Lot 31, Concession 2, more particularly described as Part 2 on a Plan of REference deposited at the Land Registry Office for the Registry Division of Newcastle (No. 10) as Plan lOR- 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. Mayor Clerk File No. .:. .Y.! .... 1\J .................