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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