HomeMy WebLinkAboutCS-05-93q/
Y
IRE CORPORATION OF THE OWN OF NEWCASTLE
REPORT
Fife #
meeting: Res.:_
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE�
Date: Eby -haw #
MARCH 15, 1993
Report #: Fife #:
CS -05 -93
Subject:
EASEMENT IN FAVOUR OF ONTARIO HYDRO
NEWTONVILLE CENOTAPH
urose and
It is respectfully recomm�edommendtforthwithrthepfollowing:
Administration Committee
1. THAT Report No. CS -05 -93 be received;
2. THAT the Mayor and Clerk be authorized, by By -Law, to execute
an agreement on behalf of the Town granting an easement to
Ontario Hydro at the Newtonville Cenotaph;
3. THAT the $140.00 compenaaACCOUnt No. 5001-o0007
and
nd
Cash -in -lieu Reserve Fun
4. THAT both Ontario Hydro of ranch council's Royal Canadian
Legion of Bowmanville b e advised
1.0 BACKGROUND: approached in late ent staff was
1.1 The Community Services Destaff verbally requesing an easement
October by Ontario Hydro
across the Newtonville Cenotaph lands for the purpose of
erecting
a light standard in connection with the upgrading
planned along Highway #2 in Newtonville. More recently an
agreement (Attachment #1)
and a sketch (Attachment #2) which
identifies the limit of the easement has been forwarded
seeking Council's approval.
2.0 REPORT:
of Highway #2 through Newtonville
2.1 The planned upgrading
includes, amongst other things, the placement of street light
standards. The standards are designed to be located along the
south side of the Highway transferring to th e side
C�
cy'«
_ 2 _ MARCH 15, 1993
REPORT N ®. CS -05 -93
2.2
2.3
2.4
2.5
3.0
3.
near the junction of the Highway and Regional Road 18. The
location of the pole line on the north side of the street is
preferred due to the locations of existing buildings on the
south side of Highway #2•
The six meter wide easement will be utilized Attachment 2. the
An
installation of a light standard as shown on
on site inspection to view the location of the proposed pole
has shown no serious interference with the operation,
maintenance or aesthetics of the Cenotaph. proposes to
As compensation for the easement, Ontario Hydro prop
pay $140.00 to the Town of Newcastle. We have been advised
that this is in line with their compensation schedule.
a fixture
The Cenotaph monument is currently illuminated by
mounted on a wooden pole to the east of the monument. Ontario
Hydro has agreed to mount the existing illuminaire for the
monument on their street light standard.
The Legion has been kept apprised of the requested easement
and has participated in the discussions. We have been advised
by Mr. Bill Clarke that the Legion's concerns
easement as
addressed and that they have no objection
proposed.
SUMMARY:
along Highway #2 through Newtonville
1 The improved lighting
will be an asset. The relocation of the nandnthe
illuminaire to the street light pole is appropriate
one light standard will have minimal upon the war granted at
monument or property. We recommend the easement be
Ontario Hydro's initiative and expense.
Respectfully submitted,
Jose 'P .
Dep "rtment
JPC JDC:sa
., ana, Director
of Community services
Recommended for presentation
to the Committee,
Lawrence E. K ff,
Chief Admini� a .ive Officer
9 J 2
90273 (UNREGISTERED EASEMENT)
rev 82 -06
THIS TRANSFER AND GRANT OF EASEMENT dated the
Between: THE CORPORATION OF THE TOWN OF NEWCASTLE
— and —
ONTARIO HYDRO
Witnesseth: PART
1. The Grantor is the owner in fee simple and in possession of Lot NINE
or according to Registered Plan No.
ATTACHMENT 1
TO REPORT NO. CS -05 -93
day of
in the FIRST
1993
herein called the GRANTOR
Concession,
inthe TOWNSHIP OF CLARKE: NOW THE TOWN OF NEWCASTLE
in the REGION OF DURHAM
2nsmission of power on or under this land, or on or under land adjacent
. Ontario Hydro has erected, or is about to erect, a line for the tra
thereto.
- - - ---
ONE HUNDRED AND FORTY ------------------
3. IN CONSIDERATION of the sum of
________________ ---------------------- - - - - -- �� (S 140.00 )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: e and
(a) To erect, maintain, as shown on the sketch h attached hereto reconstruct and remove at any
Schedule "A" (herein eferredrtto as the strip ") an electrical
and upon or under the land as show poles and NO anchors with all guys, braces, wires, cables, and
transmission line or lines consisting of ONE
associated material and equipment (all or any of which works are herein called "the line ");
(b) To cut and remove, or to e clear e ce and
line of the said line and subjects to payment obstructions
of additional) for a
therefor, to
of 5.0 metres on each did
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; es in, over,
(c) To enter on and to pass
repass
at any and all tim
Hydro with or without vehicles, along a supplies, machindery and equipment for all purposes
agents, contractors and sub-contractors
necessary or convenient to the exercise damage e sustained by rights and
caused by the ebxergcise of thibr right of
entry and passageway;
Hydro
of compensation for any crop or nth g
(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, strut h side of�he centre line of the asaid line except fences not
materials of any kind for a distance o 5
exceeding 2 metres in height or change the grade of the strip without the consent of Ontario Hydro. ver
5. THE Grantor covenants with Ontario hall ttepossess a�dtenjoy theysand rights and easement, and that ohe willrexecute such
to Ontario Hydro, and that Ontario Hydro quietly
further assurances of the said rights and easement as may be requisite. rever
6. ALL covenants herein cont aif Easement the samedshall beeconstrued as meaning the plu al orttlhe femin ne ortneu erswhere the
used in this Transfer and Grant o
context of the parties hereto so require. n with the
7. THE burden and benefit of this Transfer and
res Grant
respective hears, ens shall
administrators, dland assigns.be binding on and
enure to the benefit of the parties hereto P
Signed, Sealed and Delivered
in the presence of
Signature
Signature
91J 5
____"M
(seal)
LOT 9
CON 2
ROAD ALLOWANCE BETWEEN CONCESSIONS 1 AND 2 ( HILL STREET )
CENOTAPH
LOT 9 ,a 48.3m����
r i
�i
S.Om 1.Om
CON 1 1.Om
KINGS gIGHWAY N0. 2
THE
rn
Q5
00
M
Hb
a
z
w
w
w
U
a
(Y+
GO
0
H
I
W
a
a
H
R
•
s�
(] N
I
0
V1
W
not to scale
40083 schedule 'A' property easement sketch
rev. 84 -10
----- - - - - -- - ----- parcel:
- - - -- tar.
Fnew - - -- — - - PART LOT NINE
owner _
lesconcession:
chors owner ONE
e __- __ __ _— - -- - -- _ — —
township:
agent CLARKE: NOW THE TOWN OF NEWCASTLE
existing poles -- — plan:
existing anchors — — date
- VILLAGE OF--NEWTONVSLL
existing line — --
easement width - - -- E work REGION OF DURHAM
— 607- 17108- 7714 - 885 - 102 103
THIS TRANSFER AND GRANT OF EASEMENT dated the 22 day of March 1993
Between: THE CORPORATION OF THE TOWN OF NEWCASTLE herein called the GRANTOR
— and —
ONTARIO HYDRO
Witnesseth: PART OF PART
1. The Grantor is the owner in fee simple and in possession of Lot NINE in the FIRST Concession,
e�- aaeerdl+�g to Fegiste a+� -Ple+ AS SHOWN HATCHED ON THE PLAN CONTAINED IN SCHEDULE ' A' .HERE TO.
inthe TOWNSHIP OF CLARKE: NOW THE TOWN OF NEWCASTLE
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 - - - - -- ONE HUNDRED AND FORTY
00
------------------------------------------------- - - - - -- (s 140.00 ) Dollars XX
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 poles 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 5.0 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 5.0 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.
Signed, Sealed and Delivered (seal
in the presence of Signature
Signature
40 TEMPERANCE STREET
Address BOWMANVILLE, ONTARIO
Line QC 23 Dl L1C 3A6
W O 607 -17108 -7714- 885 - 102 -103
LOT 9
CON
ROAD ALLOWANCE BETWEEN CONCESSIONS 1 AND 2 ( HILL STREET )
LOT 9
CON 1
KINGt S HIGHWAY NO 2
THE
CENOTAPH
48.3m±
Om `
1. 0M
1.Om
rn
00
a
z
w
w
m
co
CT]
� o
� z
O
[a H
Q
0
Z
w
a
a
H
LIMIT OF EASEMENT u � I
QLAND OWNED BY THE not to scale
TOWN OF NE1Ai�ASTL
- <<oaaa o ert easement sketch
- - -- -- — - schedule 'A' P ro P Y
I a 1
legend: parcel:
e owner PART LOT NINE
new poles -. `
concession:
new anchors ow e
nr
- - -- — - -- - - ONE
new line ,._- - - - - -- - ---- - - - - --
township:
'rot CLARKE: NOW THE TOWN OF NEWCASTLE
existing poles O - — — — - -- - --
plan:
existing anchors -- -- — ,.
VILLE
existing line - ILL-
GE_OF NEWTON
easement width - - -- - - E nr
wnrl: clCr REGION OF DURHAM
607- 17108- 7714 - 885 - 102 -103
rn
a
a
M
9
0
E
�o
U.)
W
ro
w
OQ
iL