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Home My WebLink AboutBy-law No. 2005-056 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2005-056 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN EASEMENT AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AND THE CORPORATION OF THE TOWN OF TILLSONBURG AND ERIE SHORES WIND FARM GENERAL PARTNER TRUST,AS GENERAL PARTNER OF AND ON BEHALF OF THE ERIE SHORES WIND FARM LIMITED PARTNERSHIP WHEREAS the Corporation of the Municipality of Bayham is a joint owner with the Corporation of the Town of Tillsonburg of lands described as former CPR rail lands within the Municipality of Bayham and the County of Norfolk; AND WHEREAS the Councils of the Corporation of the Municipality of Bayham and the Corporation of the Town of Tillsonburg executed an agreement with Aim PowerGen Corporation ("AIM") providing an option to acquire certain easement rights for the purposes of the siting of the AIM Electrical Line over the subject lands; AND WHEREAS the said Option Agreement provides in part that the Option shall be exercisable by AIM upon its sole discretion; AND WHEREAS the said option agreement has been assigned by AIM to Erie Shores Wind Farm General Partner Inc., as trustee for Erie Shores Wind Farm General Partner Trust, as general partner of the Eire Shores Wind Farm Limited Partnership (the"Limited Partnership"); AND WHEREAS the Municipality of Bayham and the Town of Tillsonburg have been contacted by the solicitor representing the Limited Partnership requesting the execution of the said Easement Agreement, with certain amendments to the agreement and in favour of Erie Shores Wind Farm General Partner Trust; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary and expedient to execute the easement agreement with the Limited Partnership, subject to final review by the Municipal Solicitor; THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and they are hereby authorized and directed to execute the Agreement and Transfer of Grant of Easement between the Municipality of Bayham and the Town of Tillsonburg and Erie Shores Wind Farm General Partner Trust, as general partner of and on behalf of the Erie Shores Wind Farm Limited Partnership, substantially in the form attached hereto as Schedule "A, subject to any amendments as may be recommended by the Municipal Solicitor. 2. THAT this By-law shall take effect upon the date of its passing. READ A FIRST AND SECOND TIME this 16th day of June 2005. READ A THIRD TIME AND FINALLY PASSED this 16th day pf June 2005. As 4 IL MAYO ' CL ? ii U ' ••.' '•'• ibtimf.04#00940.kgrgsggoolMoNpva . .. - i i: rEsqx ,I. r :• -.1 , 'z. tql..a01'..ornno.40,0m.0: .. ,..,. sutopi00% '"el -wort INVDVA . .1.' • 1110.01thikti ii611.. ;-:: jOrrti{. 41.. . •'. I 441•:tr0004410tisiirodiamw 4st) , g'84"1"44141. -71 ilakbiggV JAI [ 1- 1 1. I 1 •Andaid io 24.-pia-writ . . - ri i • . 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'.-' ." .4-0, ingmaggti ' - .‘44%* • 1 . 6 '.±..• '; fX '-II i t-q II ( • . : , . 0004 Mittitiglivi"tarf , 1 I . I ") ), I A-4r . IRK 1:-FVF.Ont v.• .4•0':,.sba: 1 1 f ,JOA Vh/ Iva' fiWKI: LIT-Or OW v '".17' .- 0 arivangiMnratriatia ‘it eqq, iw-Via oiniiitett 40 4104t. Niiiiiiikft (*wog : liftoff!• 11; ;OAR:4,10, .;..apporg,00irmar alu*Oti_________ ewipopme010104' 1 att 401.0410004110014PPY Wri Z mud: u.00440144:04, _,.,R 001148crieUPRIPPV: , l Of*Vail POIKIFIMI Pitelr" %WU S 14494C- l'Ssi*INS,9 0=1144 00 al'PPS r4rOci i, :..5,- , "ceProvi L. ` Schedule Do Process Software Ltd. • t '416 322-6111 O' o Ontario. Form S—Land Registration Reform Act . Page .Sits_ ( ' 1L .r1S: i S, : . r: fr 1 I ,• I11 1 Additional Property Identifiers)andior Other Information FIRSTLY: Part of Lots.19 and 20,Concession North Gore,Geographic Township of Bayham,Municipality of Bayham,County of Elgin designated as Parts 1,2,3,.4 and 5,on Plan 11R-6476. Subject to an easenient over,along and upon Part 4,Plan 11R-6476 as set out in Instrument#28525. AS LAST DESCRIED ON SCHEDULE'A'OF DEED 375323 SECONDLY: Part of Lot 17, South of Third Street,Part of Lot 15,North of Second Street,Part of Lot 15 and all of Lot 16, South of Seconll Street,Part of Lot 13 and all of Lot 14,North of First Street,all ofLot.14,South of First Street,all of Lots 14 and 15,North of Talbot Road,Part of First and Second Streets,Registered Plan 205,(Village of Strordville),Part of Lots 126, 127& 128,Concession North of Talbot Road,Township of Bayham,County,of Elgin,designated as Part 1 on Deposited Plan 11R-6477. The lands described above are the lands set out in Schedule "B" to Instrument No. 375323 registered in the Registry Office for the Registry Division of Elgin(No. 11). THIRDLY: Part of Lots 6 and' ,Concession 3 North of Talbot Road, Geographic Township of Middleton,Norfolk County,being all of the lands previously described in Registered Instruments numbered 84766,86456 (Secondly). Shown as Portions 1 &2 on the Sketch to Illustrate Descriptions attached to Schedule"C"of Deed registered as instrument No. 522431. Portion 1 -Instrument 84766 All and singular that certain parcel or tract of land and premises situate lying and being in the Geographic Township of Middieto n,Norfolk County, and Province of Ontario,being all that land marked in pink ink on the plan or sket h annexed to Instrument 84766 which said land is more particularly described as follows,that is to say: Being composed ofi the North Half of Lot Number Six in the Third Concession,North of the Talbot Road, in the said Township of Middleton,containing by admeasurement Two Acres and Sixty-four One Hundredths of an Acre,more or less,more particularly described as follows,that is to say:- COMMENCING ay:COMMENCING where the located centre line of the said Tillsonburg,Lake Erie and Pacific Railway intersects the line between Lots Six and Seven in the Third Concession North of the Talbot Road of said Township at a point southerly thereon of Four Hundred and Forty-seven(447)feet from the south side of the Road Allowan+between the Third Concession and Fourth Concessions North of the Talbot Road of said Township; THENCE running Southerly upon the centre line of said railway on a curve to the right of a radius of Twenty-eight Hundred and Sixty-five(2865) feet at a distance of Thirteen Hundred and One and a Half (1301-1/2)feet; ' THENCE running;on a course about Magnetic South Thirty-four degrees(34) and Fourteen(14)minutes West along the ce line of said Railway at a distance of Four Hundred and Thirty-nine and a half(439- 1/2)feet more or 1 ss to the East of the Side Road between Lots Five and Six in the third Concession North tr of the Talbot Road of said Township,having a uniform width of Thirty-three(33)feet on each side of said ecentre line of Railway throughout measured at right angles therefrom as shown colored in Pink on diagram annexed to Instrument 84766. Portion 2-Instruuhent 86456(Secondly) 1 All and Singular that certain parcel or tract of land and premises situate lying and being in the Geographic Township of MidOeton,Norfolk County,Province of Ontario,being land marked in pink ink on the plan or sketch annexed to Instrument 86456 which said land is more particularly described as follows: Part of the North Half of Lot Number Seven in the Third Concession North of the Talbot Road in the said Township of Middleton,containing by admeasurement One Acre and Forty-six Hundredths of an Acre to 1 bris.z oQ cd lei II Dacurnant priparehl ten u eora.y.nair ' ` nye ►Ol Schedule Do Process Software Ltd. • (416)822-8111 D Form 5—Land Registration Reform Act4 S pa Tillsonburg_,Municipality of Bayhatn. 0.011.81, -00 09e Additional Property Identifier(s)andior Other Information be same more or leas particularly described as follows,that is to say: COMMENCING*here the Iocated centre line of said Tillsonburg,Lake Erie and Pacific Railway intersects the Southside of the Road Allowance between the Third and Fourth Concession north of the Talbot Road of the said Township; THENCE running about Magnetic South Seven Degrees and Eight Minutes West along the said centre line of Railway Seventy-five(75)feet having a uniform width of Thirty-three(33)feet on each side of the centre line of saidlailway measured at right angles therefrom,save the road allowance aforesaid; THENCE continuing on the same course on said centre line or Railway a distance of One Hundred feet having a width therOat of Fifty feet on each side of the centre line of said Railway measured at right angles therefrom,thence continuing on same course on said centre line of Railway a distance of One Hundred (100)feet,having awidth thereat of Thirty-three (33)feet on each side of the centre line of said Railway measured at right angles therefrom,thence continuing on same course five hundred and seventy-one and a half(571 Y2)feet to the point of curve to the right of a radius of Twenty-eight Hundred and Sixty-five (2865)feet;, THENCE Southerly along said curve upon the centre line of said Railway Fifty-three and a Half(53 Y2) feet more or less to the line between Lots Six and Seven in the Third Concession North of the Talbot Road of said Township at a point Southerly thereon of Four Hundred and Forty-seven(447)feet from the south side of the Road allowance between the Third and Fourth Concessions North of the Talbot Road of said Township having a'uniform width of Thirty-three(33)feet on each side of said centre line of Railway throughout from the last named point of similar width measured at right angles therefrom as shown coloured in pink on diagram annexed to Instrument 86456. The lands describelith above are the lands set out in Schedule "C"to Instrument No. 522431 registered in the Registry Office fora Registry Division of Norfolk(No. 37). FOURTHLY: Part of Lots 1, 2,3,4&5,Concession 3 North of Talbot Road,Geographic Township of Middleton, Norfolk County,bung all of the lands previously described in Registered Instruments numbered 84754, 84763,84757, 84755, 84758, 84764, 84759 and 86457, shown as Portions 1 to 11,both inclusive,on the Sketch to Illustrate Oescriptions attached to Schedule "D": of Deed registered as Instrument No. 522431, Portion 1 -Instrument 84754 I All and singular that certain.parcel or tract of land and premises situate lying and being in the Township of Middleton,Norfol County,Province of Ontario,being all that land marked in pink ink on the plan or sketch annexed to Thstrument 84754 which said land is more particularly described as follows,that is to say: I Being composed of that Part of the North Part of the West Half of the North Half of Lot Number One in the Third Concession North of the Talbot Road in the said Geographic Township of Middleton,containing by admeasurement,)One Acre and Thirty-Six One Hundredths of an Acre bet the same more or less and being more particularly described as follows,that is to say: COMMENCING where the located centre line of the said Tillsonburg,Lake Erie and Pacific Railway intersects the line btween East and West Halves of the North Half of Lot One in the Third Concession North of the Talbo I Road of the said Township; THENCE running about Magnetic South Thirty-four degrees and Fourteen minutes West along the said centre line of Railway at a distance of Seven Hundred and Seventy-seven(777)feet more or less to the Easterly side of the Town line between the Geographic Township of Middleton aforesaid and the Township of Bayhm in the County of Elgin at a distance Southerly thereon of Six Hundred and Twenty- One(621)feet fro the Road Allowance between Concessions Three and Four North of the Talbot Road in the Geographic Township of Middleton aforesaid,having a uniform width of Thirty-Three(33)feet from the Road Allowance between Concessions Three and Four North of the Talbot Road in the Geographic Township of Middleton aforesaid,having a uniform width of Thirty-three angles therefrom and taking all the land on the Southerly side of said Centre line of Railway lying between the Centre line of Railway as herein.described and the boundary line between the properties of said John Kechabaw and CP i Ocein ooam�t PAPnd Wm The Convoying*, vince oP}WOO 1.!';‘' ontarYo Schedule Do Process software Ltd. • (416)322-8111 Form 5—. Land Registration Reform Act• 5 Additional Property Identlfler(s)and/Or Other Information Isaac Stilwell on the West half of the North half of Lot One in the Third Concession North of the Talbot Road of said Township,containing in all by admeasurement One acre and Thirty-six One hundredths of an Acre of land more or less as shown colored in pink in diagram annexed to Instrument 84754. Portion 2-Instrument 84763 (Secondly) All and singular that certain parcel or tract of land and premises situate lying and being in the Geographic Township of Middleton,Norfolk County,and Province of Ontario,being land marked in pink ink on the plan or sketch annexed to Instrument 84763 which land is more particularly described as follows,that is to say: Being composed of Part of the West Half of the East Half of the North Half of Lot Number One in the Third Concession North of the Talbot Road,in the Geographic Township of Middleton,in Norfolk County,containing by admeasurement Fifteen Hundredth Acres,more particularly described as follows, that is to say: COMMENCING where the centre line of the said Tillsonburg,Lake Erie and Pacific Railway intersects the line between thel East Half of Half of the East Half and the West Half of the East Half of the North Part of Lot One in the Third Concession North of the Talbot Road of said Township; THENCE running about Magnetic South Thirty-four(34)degrees and Fourteen(14)minutes West along said centre line of Railway at a distance of Three Hundred and Ninety-four(394)feet more or less to the line between the East and West Halves of the North Part of said Lot One in the Third Concession North of the Talbot Road of said Township,having a uniform width of Thirty-three(33)feet on each side of the said centre line of railway measured at right angles,therefrom,as shown colored in pink on diagram annexed to Instruni nt 84763. Portion 3-lnstrtundnt 84754(Secondly) All and singular that certain parcel or tract of land and premises situate lying and being in the Geographic Township of Middlton,Norfolk County, and Province of Ontario,being land marked in pink ink on the plan or sketch anne$ed to Instrument 84757 which land is more particularly described as follows,that is to say: Being composed of[the East Half of the East Half of the North Half of Lot Number One in the Third Concession Norththe Talbot Road in the said Geographic Township of Middleton and containing by admeasurement Fifty-eight One Hundredths acres more or less,that is to say: COMMENCING Where the located line of the said Tillsonburg,Lake Erie and Pacific Railway intersects the line between the North Parts of Lots One and Two in the Third Concession North of the Talbot Road of the said Township; THENCE running pout Magnetic South Thirty-four Degrees and Fourteen Minutes West along the said centre line of Railway at a distance of Three Hundred and Eighty-one(3 81)feet more or less to the line between the East Half of the East Half of the North Part of Lot One in the Third Concession North of the Talbot Road of said Township having a uniform width of Thirty-three(33)feet on each side of the said centre line of Railway measured at right angles therefrom as shown colored in pink on diagram annexed to Instrtunent 84757. Portion 4-Instrument 84763 (Firstly) All and singular th:t certain parcel or tract of land and premises situate lying and being in the Geographic Township of Middleton,in Norfolk County,and Province of Ontario,being all that land marked in pink ink on the plan or sketch annexed to Instrument 84763 which said land is more particularly described as follows,that is to sty: Being composed oft Part of the West half o the North half of Lot number Two in the Third Concession North of the Talboti Road in the Geographic Township of Middleton,Norfolk County,containing by admeasurement 00 and Sixteen hundredths acres more particularly described as follows,that is to say: COMMENCING Where the located centre line of the said Tillsonburg,Lake Erie and Pacific Railway intersects the line between the East and West Halves of the North Part of Lot Two in the Third Concession Ute . LLO uoD Docvmurtprepared lmkpTM0"7"0$7"r vi .1� . '� Schedule a Do Process Software Ltd. - (418)322-8111 Form 5—Land Registration Reform Act PageS . 1 f _ _ u �' 'sa', t • : jr,.! ri I f '-I i I Additional Property identifier(s)andhor Other information North of the Talbot Road of the said Township; THENCE running about Magnetic South Thirty-four(34)Degrees and Fourteen(14)Minutes West along the said centre line of Railway at a distance of Seven Hundred and Sixty-four(764)feet more or less to the line between the North Halves of Lots One and Two in the Third Concession North of the Talbot Road of said Township,having a uniform width of Thirty-three(33)feet on each side of the said centre line or Railway measured at right angles therefrom as shown colored in pink on diagram annexed to Instrument 84763. Portion 5 -Instrument 84757(Firstly) All and singular that certain parcel or tract of land and premises situate lying and being in the Geographic Township of Middleton,in Norfolk County,and Province of Ontario,being all that land marked in pink ink on the plan or sketch annexed to Instrument 84757 which said land is more particularly described as follows,that is to say: Being composed of..the West Half of the North Half of Lot Number Two in the Third Concession North of the Talbot Road in the said Geographic Township of Middleton,containing by admeasurement One Acre and Seventeen Hundredths of an Acre,more or less,more particularly described as follows,that is to say: COMMENCING where the located centre line of the said Tillsonburg,Lake Erie and Pacific Railway intersects in the line between the North Parts of Lots Two and Three in the Third Concession North of the Talbot Road of the Said Township; THENCE running about Magnetic South Thirty-four(34)Degrees and Fourteen(14)Minutes West along the said centre line Of Railway at a distance of Seven Hundred and Seventy-four(774)feet,more or less,to the line between the East and West Halves of the North Part of said Lot Two in the Third Concession North of the Talbot{Road of said Township,having a uniform width of Thirty-three(33)feet on each side of the said centre lime of Railway measured at right angles therefrom shown colored in pink on diagram annexed to Instrument 84757. Portion 6-Instrument 84755 All and Singular tht certain parcel or tract of land and premises situate lying and being.in the Geographic Township of Midd1 ton,in Norfolk County,and Province of.Ontario,being all that land marked in pink ink on the plan or etch annexed to Instrument 84755 which said land is more particularly described as follows,that is to say: Being composed oft a Part of the West Half of the North Half of Lot Number Three in the Third Concession North df the Talbot Road in:the said Geographic Township of Middleton,containing by admeasurement Eighty-six Hundredths of an Acre,more or less,more particularly described as follows, that is to say: COMMENCING where the located centre line of the said Tillsonburg,Lake Erie and Pacific Railway intersects the boundary line between the properties of John Cowan and the said James L.Cowan on the West Part of the North Half of Lot Three in the Third Concession North of the Talbot Road of said Township: THENCE running'about Magnetic South Thirty-four(34)Degrees and Fourteen(14)Minutes West along the said centre line br Railway at a distance of Five Hundred and Sixty-Seven and a Half(567-1/2)feet, more or less,to the 1line between the North Halves of Lots Two and Three in the Third Concession North of the Talbot Road of said Township,having a uniform width of Thirty-three(33)feet on each side of the said centre line of Away measured at right angles therefrom as shown colored in pink on diagram annexed to Instrunt 84755, Portion 7-Instrument 84758 All and Singular tht certain parcel or tract of land and premises situate,lying and being in the Geographic Township of Middleton,in Norfolk County and Province of Ontario,being all that land marked in pink ink on the plan or sketch annexed to Instrument 84758 which said land is more particularly described as follows,that is to say: L.iii Lt.= OU 0 J Ott t l Dormantpnrp.r.du.hqThe Com rarw.r '� Schedule Do Process Software Ltd. • (416)3224111 - it a of - Ontario Form 5—Land Registration Reform Act S Page 7 Tillsonburg,Municipality of,B.yham 0101181.2-00]0 /Additional Property Identifiers)and*Other Information i Being composed of Parts of the East and West Halves of the North Half of Lot Number Three in the Third Concession North of the Talbot Road in the said Geographic Township of Middleton containing by admeasurement Eighty-six One Hundredths of an Acre more or less particularly described as follows,that is to say: COMMENCING Where the located centre line of the said Tillsonburg,Lake Erie and Pacific Railway intersects the boundry line between the properties of James Cowan and the said John Cowan on the East Part of the North Half of said Lot Number Three in the Third Concession North of the Talbot Road in the said Township; THENCE running about Magnetic South Thirty-four(34)Degrees and Fourteen(14)Minutes West along the said centre line Of Railway a distance of Five hundred and Seventy-Seven and a half(5771/x)feet,more or less,to the boundary line between the properties of the said John Cowan and One James L.Cowan over the West Part of the North Half of said Lot Number Three in the Third Concession North(Atha Talbot Road in the said Township having a uniform width of Thirty-three(33)feet on each side of the said centre line of Railway mea$ured at right angles therefrom as shown colored in pink ink on diagram annexed to Instrument 84758,the same having been selected by the said parties of the Third Part for the purposes of their Railway. Portion 8 -Instrument 84764(Secondly) All and singular thaati certain parcel or tract of land and premises situate lying and being in the Geographic Township of Middleton,in Norfolk County,and Province of Ontario,being land marked in pink ink on the plan or sketch annealed to Instrument 84764 which said land is more particularly described as follows,that is to say: Being composed of a Part of the East Part of the North Half of Lot Number Three in the Third Concession North of the Talbot Road in the said Geographic Township of Middleton, containing by admeasurement Fifty-nine Hundredths of an Acre,more or less,more particularly described as follows,that is to say: i COMMENCING where the located centre line of the said Tillsonburg,Lake Erie and Pacific Railway intersects the line between the North Parts of Lots Three and Four in the Third Concession North of the Talbot Road of the said Township; THENCE running about Magnetic South Thirty-four(34)Degrees and Fourteen(14)minutes West along the said centre line of Railway at a distance of Three Hundred and Eighty-eight(388)feet,more or less,to the boundary line botween the properties of the said James Cowan and John Cowan on the East Part of the North Half of said Lot Three in the Third Concession North of the Talbot Road of said Township,having a uniform width of Thirty-three(33)feet on each side of the said centre line of Railway measured at right angles therefrom as Shown colored pink on diagram annexed to Instrument 84764. Portion 9-Instrument 84764(Firstly) All and singular tha certain parcel or tract of land premises situate lying and being in the Geographic Township of Midd1 ton,in Norfolk County,and Province of Ontario,being land marked in pink ink on the plan or sketch anne ed to Instrument 84764 which said land is more particularly described as follows,that is to say: Part of the West Ha of the North Half of Lot Number Four in the Third Concession North of the Talbot Road in the said Geographic Township of Middleton,containing by admeasurement One Acre and Fourteen Hundredth§of an Acre,more particularly described as follows,that is to say: Part of the West Half of the North Half of Lot Number Four in the Third Concession North of the Talbot Road in the said Geographic Township of Middleton,containing by admeasurement One Acre and Fourteen Hundredths of an Acre,more particularly described as follows,that is to say: COMMENCING Where the located centre line of the said Tillsonburg,Lake Erie and Pacific Railway intersects the line between the East and West Halves of the North Half of Lot Four in the Third Concession North of the Talbot Road of said Township: THENCE running 4bout Magnetic South Thirty-four(34)Degrees and Fourteen(14)Minutes West along the said centre line of Railway at a distance of Seven Hundred and Fifty-one(751)feet more or less to the f C to 4 on \W II J paouine(prepared uehp The Conwy.n tr Schedule Sbo Process Software Ltd. • (416)322-6111 nO Form 5—Land Registration Reform Act Page 8 . 1.• ,f : : I: 1 I :14-II I Additional Property Identifier(s)andlar Other Information line between the North Halves of Lots Three and Four in the Third Concession North of the Talbot Road of said Township,having a uniform width of Thirty-three(33)feet on each side of said Centre line of Railway measured at right angles therefrom as shown colored in pink on diagram annexed to Instrument 84764. Portion.10-Instrument 84759 All and Singular than certain parcel or tract of land and premises situate,lying and being in the Geographic Township of Middleton,in Norfolk County,and the Province of Ontario,being all that land marked in pink ink on the Plant'or sketch annexed to Instrument 84759,which said land is more particnlrn-ly described as follows,that is to;say: Being Part of the Eat Half of the North Half of Lot Number Four in the Third Concession North of the Talbot Road in the said Geographic Township of Middleton,containing by admeasurement One and Fifteen Hundredths ►ores more or less,more particularly described as follows: 1 COMMENCING where the located centre line of the said Tillsonburg,Lake Erie and Pacific Railway intersects the line between Lots Four and Five in the Third Concession North of the Talbot Road of said Township: THENCE running 'bout Magnetic South Thirty-four(34)Degrees and Fourteen(14)Minutes West along the said Centre line 6f a Railway a distance of Seven Hundred and Sixty-three(763) feet more or less to the line between ther East and West Halves of said Part of Lot Four in the Third Concession North of the Talbot Road of saidlTownship having a uniform width of Thirty-three(33)feet on each side of the said centre line of Railway measured at right angles therefrom as shown colored in pink on diagram annexed to Instrument 84759, tile said Iand having been selected by the said Company for the purposes of the said Railway. Portion I I -Instrument 86457 All and singular that certain parcel or tract of land and premises situate, lying and being in the Geographic Township of Middleton,in Norfolk County, and in the Province of Ontario,being all that land marked in pink ink on the Plan or Sketch annexed to Instrument 86457,which said land is more particularly described as follow,that is to say: Being a Part of the Worth Half of Lot Number Five in the Third Concession North of the Talbot Road in the said Geographic!Township of Middleton,in Norfolk County, containing by admeasurement,Two and Thirty-three One Hundredths Acres,more particularly described as follows,that is to say: 1 COMMENCING Where the located centre line of the said Tillsonburg,Lake Erie and Pacific Railway intersects the Weste.'rly side of the Side Road between Lots Five and Six in the Third Concession North of Talbot Road of saidlTownship at a point Southerly thereon of Seven Hundred and Six(706)feet from the Road Allowance between the Third and Fourth Concessions North of Talbot Road of said Township; t'H',NCE running about Magnetic South Thirty-four(34)degrees and Fourteen(14)Minutes West along the said centre line Of Railway at a distance of Fifteen Hundred and Thirty-seven(1537)feet more or less to the line between pots Four and Five in the Third Concession North of Talbot Road of said Township having a uniform width of Thirty-three(33)feet on each side of said centre line of Railway measured at right angles therefrgm as shown colored in pink on diagram annexed to Instrument 86457,the said land having been selected by the said Railway Company for the purposes of said Railway. 1 The lands described above are the lands set out in Schedule"D" to Instrument No.522431 registered in the Registry Office for the Registry Division of Norfolk(No. 37). FIFTHLY: Part of Lots 23,24,25 &26,Concession 9,Township of Bayham,County of Elgin,being all of the lands previously described in Registered Instruments numbered 11777, 11759, 11931, 11770, 11776, 11722 and 11887, shown as Portions 1 to 8,both inclusive,on the Sketch to Illustrate Descriptions attached to Schedule "E": of Deed registered as Instrument No.375323. oa hoD DaCurnentpnlp Sdwing'►e+canny:mow Province � Da Process Software Ltd 416}322-6111 • . �,� Schedule f Form b—Land Registration Reform Act IjIlsonbure,Municipality op' ayham 01011819-0010 a 9 S Additional Property identifier(s)and/hr Other Information Portion 1 -Instrument 11777ji Firstly) All and singular that certain parcel or tract of land and premises situate lying and being in the Township of Bayham,in the County of Elgin, and Province of Ontario,being all that land marked in pink ink on the plan or sketch annexed to Instrument 11777 which said land is more particularly described as follows,that is to say: Being composed of the South East Part of Lot Number Twenty-three in the Ninth Concession of said Township of Bayhan,in the County of Elgin,and Province of Ontario containing by admeasurement Forty-five One Hundredths of an Acre,more or less,more particularly described as follows,that is to say: COMMENCING where the located centre line of the said Tillsonburg,Lake Erie and Pacific Railway intersects the line between Lots Twenty-three and Twenty-four in the Ninth Concession of the said Township of Bayhann; THENCE running about Magnetic South Forty-eight(48)degrees and Twenty-nine(29)Minutes West, along the said centre line of Railway at a distance of Two Hundred and Ninety-four(294)feet more or less,to the North side of the Road Allowance between Concessions Eight and Nine in the said Township of Bayham,at a point Easterly thereon of Ten Hundred and Seventy-seven and a half(1077%2)feet from the Easterly side of the Port Burwell Gravel Road,having a uniform width of Thirty-three(33)feet on each side of the said centre line of Railway measured at right angles therefrom as shown colored on pink on diagram annexed to Instrument 11777. All and singular thatcertain parcel or tract of land and premises situate lying and being in the Township of Bayham,in the Couty of Elgin,and Province of Ontario,being all the land marked in pink ink on the plan or sketch annexed tq Instrument 11759 which said land is more particularly described as follows,that is to say: Being composed of ja Part of the West.Half of Lot Number Twenty-four in the Ninth Concession of the said Township of B yhatn,in the County of Elgin and Province of Ontario,containing by admeasurement One Acre and Sixtyight One Hundredths of an Acre more or less,more particularly described as follows, that is to say: w COMMENCING where the located centre line of the said Tillsonburg,Lake Erie and Pacific Railway intersects the line btween the East and West Halves of Lot Number Twenty-four in the Ninth Concession of the said Township of Bayham; THENCE running about Magnetic South Thirty-four(34)Degrees and Fourteen(14)Minutes West along the said Centre line f Railway at a distance of Ninety-eight(98)feet; I • THENCE continuing Southerly along the said centre line of Railway on a curve of a radius of Thirty-eight Hundred and Ninettien and a Half(3819-112)feet at a distance of Nine Hundred and Fifty(950)feet; THENCE running about Magnetic South Forty-eight(48)Degrees and Twenty Nine(29)Minutes West along the said centre line of Railway at a distance of Fifty-six(56)feet more or less to the line between Lots Twenty-threeTwenty-four in the Ninth Concession of said Township of Bayham,having a uniform width of Thirty-three (33).feet on each side of said centre line of Railway measured at right angles therefrom as shown,colored pink on diagram annexed to Instrument 11759. The same having bten selected by the said parties of the third Part for the purposes of their Railway. ; Portion 3 -Instrument 11931 All and singular that certain parcel or tract of land and premises situate,lying and being in the Township of Bayham,in the County of Elgin,and Province of Ontario,being all that land marked in pink ink on the plan or sketch anne ded to Instrument 11931 which said land is more particularly described as follows,that is to say: Being a Part of the East Half of Lot Number Twenty-four in the Ninth Concession of the said Township of Bayham,in the County of Elgin containing by admeasurement Two Acres more or less,more particularly described as follows,that is to say: �a COMMENCING where the located centre line of the said Tillsonburg,Lake Erie&Pacific Railway U—, � �OZ Q� kla .1 Document prepared using m.Conwy.noa _y Province Do Process Software Ltd. • (416)322.6111 ►U. Ontario Schedule Form 5--Land Registration Reform Act page 10 S Tillson�g. M alrty of Bayham_ Ill 011819-0010 �Addltional Property Identifler(s)and/Or Other Information intersects the line between Lots Number Twenty-four and Twenty-five in the Ninth Concession of the said Township of Bayharn; THENCE running about Magnetic South Thirty-four(34)degrees and Fourteen(14)Minutes West along the said centre line of Railway, a distance of Thirteen Hundred and Eighteen(1318)feet,more or less,to the line between the,East and West Halves of Lot number Twenty-four in the Ninth Concession of said Township of Bayhain having a uniform width of Thirty-three(33)feet on each side of said centre line of Railway measured at right angles therefrom as shown colored pink on diagram annexed to Instrument 11931,the said land having been selected by the said Railway Company for the purposes of said Railway. Portion 4-Instrument 11770(Secondly) All and singular that certain parcel or tract of land and premises situate,lying and being in the Township of Bayham,in the County of Elgin,and Province of Ontario,being land marked in pink ink on the plan or sketch annexed to Ii strument 11770 which said land is more particularly described asfollows,that is to say: Being composed of a Part of the North Half of the South Half of Lot Number Twenty-five in the Ninth Concession of the said Township of Bayham containing by admeasurement One Acre and Forty-six One Hundredths of an Acre more or less,more particularly described as follows,that is to say: COMMENCING Where the located centre line of the said Tillsonburg,Lake Erie and Pacific Railway intersects the line b tween the North and South Halves of Lot Number Twenty-five in the Ninth Concession of the said Township at a point Westerly along said line Two Hundred(200)feet from the line between the East and West Halves of said Lot Number Twenty-five; THENCE running bout Magnetic South Thirty-four(34)Degrees and Fourteen(14)minutes along the said centre line of 'lway at a distance of Nine Hundred and Sixty(960)feet more or less to the Iine between Lots Twen -four and Twenty-five in the Ninth Concession of the said Township,having a uniform width of T ' -three(33)feet on each side of said centre line of Railway measured at right angles therefrom as shown i olored pink on diagram annexed to Instrument 11770. Portion 5-Instrument 11776 , All and singular that certain parcel or tract of land and premises situate,lying and being in the Township of Bayham,in the GOunty of Elgin,and Province of Ontario,being all that land marked in pink ink on the plan or sketch anne,fed to Instrument 11776 which said land is more particularly described as follows,that is to say: 1 Being a Part of the gouth West Quarter of the North Half of Lot Number Twenty-five in the Ninth Concession of the slid Township of Bayham and containing by admeasurement Fifty-nine Hundredths of an Acre be the same more or less more particularly described as follows,that is to say: COMMENCINGhere the located centre line of the said Tillsonburg,Lake Erie and Pacific Railway interests the line bei}veen the East and West Halves of Lot Number Twenty-five in the Ninth Concession of said Township at la point northerly along said line of Three Hundred and Sixty-seven feet from the line between the North and South Halves of said Lot number Twenty-five; I THENCE running 4bout Magnetic South Thirty-four(34)Degrees and fourteen(14)Minutes West along the said centre line 'f Railway a distance of Three Hundred and Ninety feet more or less to the said line between the North abd South halves of said Lot number Twenty-five; THENCE running out Magnetic South Thirty-four(34)Degrees and Fourteen(14)Minutes West along the said centre line 4f Railway a distance of Three Hundred and Ninety feet more or less to the said line 1 between the North :i u d South Halves of said Lot Number Twenty-five in the Ninth Concession of said township of Bay i: in having a uniform width of Thirty-three feet on each side of said centre line of Railway measured :, right angles therefrom as shown colored pink on diagram annexed to Instrument 11776,the said lane having been selected by the said Company for the purposes of the said Railway. Portion 6-Instrument 11772 All and Singular that certain parcel or tract of land and premises situate,lying and being in the Township LLz u_O o4 ODI `fit[ _ i--- 1 Document prapandudngTM canvu#ancar il ° C8 ii Schedule Do Process Software Ltd. • (416)322-6111 Ontario Schedule Poon 5—LandS Registration Reform Act page l 1 IA i .1. k,d• ', ( 01011819-0010 Additional Property Identftier(s)and/or Other Information of Bayham,in the C a of Elgin and the Province of Ontario, Y County g being all that land marked in red ink on the Plan or Sketch iruiexed to Instrument 11772,which said land is more particularly described as follows, that is to say: Being a Part of theorth East Half of Lot Number Twenty-Five in the Ninth Concession of the Township of Bayham afaresa d, containing by admeasurement Two Acres more or less more particularly described as follows,that is tosay: COMMENCING'+here the located centre line of the said Tillsonburg,Lake Erie and Pacific Railway intersects the Westside of the Side Road between Lots Twenty-five and Twenty-six in the Ninth concession of the Township of Bayham aforesaid in the County of Elgin aforesaid at a distance Southerly along the Westerly limit of said Side Road of Six Hundred and Eighty-Seven(687)feet from the Westerly side of the Town Lme between the Geographic Township of Middleton in Norfolk County and the Township of Bayh4m aforesaid in the County of Elgin aforesaid; THENCE running about Magnetic South Thirty-four(34)Degrees and Fourteen(14)Minutes West along the said centre line lof Railway a distance of Thirteen hundred and Eighteen(1318)feet more or less,to the line between the Ezst and West Halves of Lot number Twenty-five in the Ninth Concession of the Township of Bayaforesaid,having a uniform width of Thirty-three(33)feet on each side of said Centre Line of Rai ay measured at right angles therefrom as shown colored pink on diagram annexed to Instrument 11772, a said land having been selected by the said Company for the purposes of the said Railway. j Portion 7-Instrument 11770(Firstly) All and singular that certain parcel or tract of land and premises situate,lying and being in the Township of Bayham,in the County of Elgin, and Province of Ontario,being land marked in pink ink on the plan or sketch annexed to instrument 11770 which said land is more particularly described as follows,that is to say: Being composed oPart of the North Part of Lot Number Twenty-six in the Ninth Concession of the Township of Bayhazn in the County of Elgin containing by admeasurement Three One Hundredths of an Acre more or less,Fiore particularly described as follows,that is to say: re thelocated centre line of the said Tillsonburg,Lake Erie&Pacific Railway COMMENCING he g, intersects a triangularpiece of land bounded on the North by the boundary line between the properties of the said Ebenezer uchner and the Middleton and Bayham Cheese Company on said Part of the said Lot in said Township and'bounded on the West by the.East side of the Side Road between the Lots Twenty-Five and Twenty-Six in,said Concession and Township and bounded South Easterly by a line parallel to and at a distance of Twenty-three(23)feet South Easterly from the located centre line of said Railway measured at right angles thertfrom,which said centre line of Railway running on a course about Magnetic Sough Thirty-four(34)D grecs and Fourteen(14)Minutes West intersects the boundary line between the properties of the p 'es aforesaid at a point of intersection of the boundary line between the properties of the parties aforesai with a side road between the Lots Twenty-five and Twenty-six in said Concession and Township. Portion 8-Instrument 11887 I All and Singular 1 t certain parcel or tract of land and premises situate,lying and being in the Township of Bayham, in the ounty of Elgin,and Province of Ontario,being all the land marked in pink ink on the plan or sketch arm xed to Instrument 11887 which said land is more particularly described as follows,that is to say: Being composed of a Part of the North Part of Lot Number Twenty-six in the Ninth Concession of the Township of Bayh4m aforesaid,containing by admeasurement Thirty-seven One Hundredths of an Acre to be the same more Or less,more particularly described as follows,that is to say: COMMENCING{where the located centre line of the said Tillsonburg,Lake Erie and Pacific Railway intersects the Westerly side of the.Town Line between the Township of Bayham aforesaid and the Geographic Township of Middleton in Norfolk County; THENCE running about Magnetic South Thirty-four(34) degrees and Fourteen(14)Minutes West along -J itio OD _y'rI i 1 Document wowed wing Thee RV.Yanaer Province Do Process Software Ltd. • (416)322-6111 Schedule .. Ontario Form 5--land Registration Reform Act PBge 12 T' , sea . 1� o' ..:, '� • I : : is .1_ I 1 : '-ii 1 Additional Property identifier(s)andlgr Other Information the said Centre Line'of Railway distance of Two hundred and Sixty-three feet more or less to the West side of the Side Road bet ►een Lots numbers Twenty-five and Twenty-six in the Ninth Concession of the Township of Bayhain aforesaid,having a uniform width of Thirty-three feet on each side of said Centre line or Railway measured at right angles therefrom as shown colored in pink on diagram annexed to Instrument 11887. The lands described above are the lands set out in Schedule "E:to Instrument No.375323 registered in the Registry Office for the Registry Division of Elgin(No. 11). SIXTHLY: Part of UnnumberedECanadian Pacific Railway Block,Registered Plan 258,Part of Lots 20,21,22 and 23, Concession 8,Towni hip of Bayham,County of Elgin,being all of the Iands previously described in Registered Instrunxeits numbered 11767, 11773, 11766, 12187, 11764 and 11777. Shown as Portions 1 to 9,both inclusive,on;the Sketch to Illustrate Descriptions attached to Schedule"F"of Deed registered as Instrument No. 375323. Portion 1 -Instrument 11767(Secondly) All and singular that;certain parcel or tract of land and premises situate,lying and being in the Township of Bayham,in the Ciunty of Elgin,and the Province of Ontario,being land marked in pink ink on the plan or sketch annexed to;Instrument 11767 which said land is more particularly described as follows,that is to say: Being composed of Fart of the West half of Lot Number Twenty in the Eighth Concession of the said Township of Bayh containing by admeasurement Sixty-three One Hundredths of an Acre more or less, more particularly decribed as follows,that is to say: COMMENCING vwhere the located entire centre line of the said Tillsonburg,Lake Erie and Pacific Railway intersects the line between the East and West Halves of Lot Twenty in the Eighth concession of the said Township; THENCE running on a course about Magnetic South Thirty-three(33)Degrees and Thirty-two(32) Minutes West along the centre line of said Railway at a distance of Four Hundred and Fourteen and a half (414 6)feet more oil less to the North side of the Road Allowance between Concession Eight and the North Gore of said Township at a point at a distance of Two Hundred and Six.(206)feet Westerly on said side of said Road Allowance from the line between the East and West halves of Lot Twenty in said. Concession and To' nship,having a uniform width of Thirty-three(33)feet on each side of the centre line of said Railway measured at right angles therefrom as shown colored in pink on colored diagram annexed to Instrument 11767. The same having bein selected by the said parties of the second Part for the purposes of their Railway. Portion 2-Instrument 11773 All and singular th certain parcel or tract of land and premises situate,lying and being in the Township of Bayham,in the Ciounty of Elgin and Province of Ontario,being all that land marked in pink ink on the plan or sketch anne1ed to Instrument 11773,which said land is more particularly described as follows,that is to say: Being composed of .Part of the East One Half of Lot Number Twenty in the Eighth Concession of the said Township of Bdyham,in the County of Elgin containing by admeasurement Two and Ten Hundredths Acres more or less aid being more particularly described as follows,that is to say: COMMENCING Where the located centre line of the said Tillsonburg,Lake Erie and Pacific Railway intersects the West sde of the Side Road between Lots Twenty and Twenty-one in the Eighth Concession of the said Townshii; THENCE running cin a course about Magnetic South Thirty-three(33)Degrees and Thirty-two(32) Minutes West alongthe centre line of said Railway Thirteen Hundred and Eighty-four(1384)feet more or less to the line betw en the East and West halves of Lot Twenty in the Eighth Concession of said Township having a zsniform width of Thirty-three feet on each side of the Centre line of said Railway ccC DoanneM prepin4 mina The Connyanoir .> o Schedule Do Software Ltd. • (418 322-8111 �+ Form s—Land Registration Reform Act Pape 13 -1 . _ ��_ ._4' `•r_ • , : : 12n 114 1: ' 14 1 - Additional Property Identifiers)and/or Other Information measured at right angles therefrom as shown colored pink on diagram annexed to Instrument 11773. The same having been selected by the said parties of the second Part of the purposes of their Railway. Portion 3 -Instrument 11767(Firstly) All and singular thatcertain parcel or tract of land and premises situate,lying and being in the Township of Bayham,in the County of Elgin and the Province of Ontario,being all that land marked in pink ink on the plan or sketch annexed to Instrument 11767 which said land is more particularly described as follows, that is to say: Being composed of 4 Part of Lot Number Twenty-one in the Eighth Concession of the said Township of Bayham, containing by admeasurement One Acre and Seventy-four One hundredths of an Acre more or less,more particularly described as follows,that is to say: COMMENCING where the located entire centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the boundary line between the lands belonging to Martin Howey and Charles W. Howey on Part of Lot Twenty-one in the Eighth Concession of the Township aforesaid; THENCE running S,00uthwesterly along the centre line of said Railway on curve to the left of a radius of Twenty-eight hundred and Sixty-five(2865)feet at a distance of One Hundred and Eleven(111)feet; THENCE running Southwesterly along the centre line of said Railway on curve to the left of a radius of Twenty-eight hundred and Sixty-five(2865)feet at a distance of One hundred and Eleven(111)feet; THENCE running on a course about Magnetic South Thirty-three(33) degrees and Thirty-two(32) minutes West along the centre line of said Railway at a distance of Ten Hundred and Thirty-eight(1038) feet more or less to the East side of the side Road between Lots Twenty and Twenty-one in said Concession and Towinship,having a uniform width of Thirty-three(33)feet on the Westerly side of the centre line of said Railway throughout,measured at right angles therefrom and taking all the land on the Easterly side of the 'entre line of said Railway lying between the centre line of said Railway and the Westerly side of theingersoll and Port Burwell Road throughout as shown colored in pink on diagram annexed to Instrument 11767. Portion 4-Instrument 11766(Firstly) All and singular that certain parcel or tract of land and premises situate,lying and being in the Township of Bayham,in the County of Elgin and the Province of Ontario,being all that land marked in pink ink on the plan or sketch annexed to Instrument 11766 whichsaid land is more particularly described as follows, that is to say: Being composed of Part of Lot Number Twenty One in the Eighth Concession of the said Township of Bayham,containing by admeasurement Thirty-One One hundredths of an Acre more or less,more particularly described as follows,that is to say: COMMENCING where the located centre line of the said Tillsonburg,Lake Erie and Pacific Railway intersects the Westerly side of the Ingersoll and Port Burwell Road on Lot Twenty-one in said Township; TITFNCE running southwesterly along the center line of said Railway on a curve to the left of a radius of Twenty-eight hundred and Sixty-five(2865)feet at a distance of Three Hundred and Eighty-seven(387) feet more or less to the boundary line between the lands of Martin Howey and Charles W.Howey in the said Lot and Township,having a uniform width of Thirty-three(33) feet on the Westerly side of the centre line of said Railway measured at right angles therefrom an taking all the land on the Easterly side of the centre line of said R4ilway lying between the centre line of said Railway and the Westerly side of the said Ingersoll and Port Burwell Road in said Lot and Township as shown colored in pink on diagram annexed to Instrument 11766, Portion 5-Instrument 12187 CFirstly-Parcel Twol All and singular that1certain parcel or tract of land and premises situate,lying and being in the Township of Bayham,in the County of Elgin,and Province of Ontario,being land marked in pink ink on the plan or sketch annexed to Instrument 12187 which said land is more particularly described as follows,that is to say: U-J [,LZ �Q O e tI Document prepared using The Ganwyanuer • ' Province Schedule Do Process Software Ltd. (418)322.6111 1")A 4tttaria Form 5—Land Registration Reform Act14 Pegs _ a ' , ._�. U_ . ,r..', r '; 010__11$19-OO1Q Additional Property identifier(s)andfor Other Information Consisting of a piece of land containing by admeasurement Two One hundredths of an Acre more or less being composed of a part of Lot Twenty-one in the Eighth Concession of said Township of Bayham bounded on the East 135,the Ingersoll and Port Burwell Road on said Lot and bounded on the South by the boundary line betwcegn the property of Abram N. Gray,William A. Eakins and the South Western Farmers &Mechanics Loan and Savings Society and Martin Howey on said Lot Twenty-one and bounded North Westerly by a line parallel to and Thirty-Three feet from the located centre line of said Railway measured at right angles therefrom being shown colored in pink on diagram annexed to Instrument 12187. Portion 6-Instrument I2187(Firstly-Parcel One) All and singular that certain parcel or tract of land and premises situate,lying and being in the Township of Bayham,in the County of Elgin,and Province of Ontario,being land marked in pink ink on the plan or sketch annexed to Instrument 12187 which said land is more particularly described as follows,that is to say: Being composed of alpart of Lot Number Twenty-one in the Eighth Concession of the Township of Bayham,in the County of Elgin,containing by admeasurement Eighty-five one-hundredths of an Acre, more or less,and beiipg more particularly described as follows,that is to say: COMMENCING where the located centre line of the said Tillsonburg,Lake Erie and Pacific Railway intersects the line between lots Twenty-one and Twenty-two in the Eighth Concession of the said Township of Bayhani; THENCE running about Magnetic South forty-eight degrees and Twenty-nine minutes West,along the centre line of said Railway at a distance of Five Hundred and Twenty-eight and a half(528 1/2)feet to point of curve to Ieft of a radius of Twenty-eight hundred and sixty-five(2865)feet; THENCE South Wetterly along said curve upon the centre line of said Railway at a distance of Seventeen and a half(17 1/2)fetrt more or less to the Easterly side of the Ingersoll and Port Burwell Road on said Lot,having a uniform width of Thirty-three feet on each side of the centre line of said Railway measured at right angles therefrom and containing by admeasurement Eighty-three hundredths of an Acre of land more or less being shown colored in pink on diagram annexed to Instrument 12187. Portion 7-Instrument 12187(Secondly) All and singular that$ertain parcel or tract of land and premises situate,lying and being in the Township of Bayham,in the Co}mty of Elgin,and Province of Ontario,being land marked in pink ink on the plan or sketch annexed to Instrument 12187.which said land is more particularly described as follows,that is to.. say: Being composed of a part of Lot Twenty-two in the Eighth Concession of the said Township of Bayham, containing by admeasurement Two and Eighty-five One hundredths of an Acre being more particularly. described as follows,that is to say: COMMENCING where the located centre line of the said Tillsonburg,Lake Erie and Pacific Railway intersects the line between Lots Twenty-two and Twenty-Three in the Eighth Concession of the said Township of Bayham THENCE running abNut Magnetic South Forty-eight 48 degrees and Twenty-nine(29)minutes West along said Centre linel of Railway ata distance of Eighteen Hundred and Seventy-six(1876)feet more or less to the line between Lots Twenty-One and Twenty-two in the Eight concession of said Township of Bayham,having a uniform width of thirty-three(33)feet on each side of'said centre line of Railway measured at right angles therefrom as shown colored pink on diagram annexed to Instrument 12187. Portion 8-Instrument 11764 Alland singular that cprtain parcel or tract of land and premises situate,lying and being in the Township of Bayham,in the County of Elgin,and Province of Ontario,being all that land marked in pink ink on the plan or sketch annexe to Instrument 11764 which said land is more particularly described as follows,that is to say: Being a part of Lot number Twenty-three in the Eighth Concession of the said Township of Bayham, o° OD J J Document WeOargie Laing The Cam'ayancw i i1 Dr Schedule Do Process Software Ltd. • (418)322-6111 Ontario Form 5_t and Registration Reform e Act 15 S Tillsonburg,Municipality of Bah= 01911$19-0014 Additional Property Identifier(s)and/or Other Information containing by admeasurement Two Acres and Thirty-Seven One hundredths of an Acre more or less,being more particularly described as follows,that is to say: COMMENCING where the located centre line of the said Tillsonburg,Lake Erie and Pacific Railway intersects the line between the properties of Ira Stilwell and Archibald Lammond on Lot Twenty-three in the Eighth Concession of the Township of Bayham at a point Southerly thereon of One hundred and Sixty- eight ixtyeight and a half(168 1.2)feet from the Southerly limit of the Road Allowance between Concessions Eight and Nine in said Township of Bayham; THENCE running about Magnetic South Forty-eight(48)degrees and Twenty-nine(29)minutes West along said centre line of Railway at a distance of Three hundred and Eighty-nine(389)feet having a uniform width of Thirty-three(33)feet on the East side and Seventy-five(75)feet on the West side of the centre line of said Railway measured at right angles therefrom; THENCE continuing Southerly along the same course along the centre line of said Railway at a distance of Two hundred(200)feet,having a uniform width of Thirty-three(33)feet on the East side and converging to a width of Thirty-three(33)feet on the West side of the centre line of said Railway at said point,both measuregl at right angles therefrom; THENCE continuing Southerly along same course along the centre line of said Railway at a distance of Six hundred and Sixteen(616)feet more or less to the line between Lots Twenty-two and Twenty-three in the Eighth Concession of the Township of Bayham aforesaid,having a uniform width of Thirty-three(33) feet on each side of the centre line of said Railway throughout last named distance measured at right angles therefrom,all as shown colored pink on diagram annexed to Instrument 11764. Portion 9-Instrument 11777 (Secondly) All and singular that certain parcel or tract of land and premises situate,lying and being in the Township of Bayham in the County of Elgin,and Province of Ontario,being land marked in pink ink on the plan or sketch annexed to Ir stnunent 11777 which said land is more particularly described as follows,that is to say: Being composed of apart of the North East part of Lot Number Twenty-three in the Eighth Concession of the said Township of Bayham,containing by admeasurement Forty-nine One hundredths of an Acre,more or less,more particularly described as follows,that is to say: COMMENCING vhere the located centre line of the said Tillsonburg and Pacific Railway intersects the Southerly limit of the Road Allowance between Concessions Eight and Nine in the said Township of Bayham; THENCE running about Magnetic South Forty-eight(48)degrees and Twenty-nine(29)minutes West along said centre line of Railway at a distance of Two hundred and Four(204)feet more or less to the intersection of the line between the properties of Archibald Lammond and Ira Stilwell at a point Southerly thereon of One hum ed and Sixty-eight and a half(168 1/2)feet from the Southerly limit of said Road Allowance between Concessions Eight and Nine in said Township,having on the East side a uniform width of Thirty-thre (33)feet from said centre line of Railway measured at right angles therefrom,and on the west side a trian, piece of land bounded as follows: COMMENCING alt the intersection of said centre line of Railway with the Southerly limit of said Road Allowance between Concessions Eight and Nine in the said Township; Westerly along the 4aid Southerly limit of said Concession Road a distance of One hundred and Forty- eight and a half(148 1/2)feet to the said line between the properties of Archibald Lammond and Ira Stilwell; THCNCE Southerly along said line a distance of One hundred and Sixty-eight and a half(168 1/2)feet to said centre line of Rilway; THENCE running about Magnetic North Forty-eight degrees and Twenty-nine minutes East along said centre line of Railway,distance Two hundred and four feet more or less to the said intersection of said centre line of Railway with the Southerly limit of said Road Allowance between Concessions Eight and • I Document palmed wing The co/wool/or JLProvince u c s w .n nru ,Ltd.inn...—rurm NO.i ,,..r of Schedule Amended NOV.1992 ontlo Form 5—Land Registration Reform Act Page16 .• I . a i' '.: 's • t . •. el !I 1 : Additional Property Identi ails)and/or 0 her Information Nine in said Township of Bayham as shown colored pink on diagram annexed to Instrument 11777. The lands described above are the lands set out in Schedule IIF"to Instrument No.375323 registered in the Registry Office for'the Registry Division of Elgin(No. 11). SCHEDULE t'G" Part of Lots 125 & 126 Concession South of Talbot road,Part of Lot 17, Concession South Gore, Township of Bayham, County of Elgin,being all of the lands previously described in Registered Instruments numbered 11895, 11843 and 11763. Shown as Portions 1,2&3 on the Sketch to Illustrate Descriptions attached to Schedule "G"of Deed registered as Instrument No.375323. Portion 1 —Instrument 11895 All and Singular that certain parcel or tract of land and premises situate, lying and being in the Township of Bayham, in the County of Elgin, and Province of Ontario,being all that land marked in pink ink on the plan or sketch annexed to Instrument 11895 which said land is more particularly described as follows, that is to say: Being composed of Part of Lot number Seventeen in the South Gore of the said Township of Bayham, containing by admeasurement Two Acres and Three One Hundredths of an Acre be the same more or less and being more particularly described as follows,that is to say: COMMENCING whei;e the located centre line of the said Tillsonburg,Lake Erie and Pacific Railway intersects the line between Concessions Six and the South Gore at Lot number Seventeen in the South Gore of said Township at a distance thereon of Thirty-five feet Westerly from the West side of the Public Road as now laid out between Lots Numbers Seventeen and Eighteen in the South Gore of said Township; THENCE about Magnetic South Four(4)Degrees and Six(6)minutes West along the centre line of said Railway a distance of Twelve Hundred and Ninety-six feet more or less to the Road Allowance between the South Gore and Concession Five in said Township having a uniform width of Thirty-three feet on the West side of the Centre'Line of said Railway throughout,measured at right angles therefrom and taking all the land belonging tW S.amuel'Harp lying east of the Centre Line of said Railway and the said Public Road between Lots numbers Seventeen and Eighteen in the South Gore of said Township all as shown colored pink on the diagram annexed to Instrument 11895. Portion 2—Instrument 11843 All and singular that certain parcel or tract of land and premises situate, lying and being in the Township of Bayham,in the County of Elgin and Province of Ontario,being all the land marked in pink ink on the plan or sketch annexed to Instrument 11843 which said land is more particularly described as follows, that is to say: Being composed of Parts of the South Halves of Lots Numbers One Hundred and Twenty-five and One hundred and Twenty-si C in the Sixth Concession of the said Township, containing by admeasurement Six Acres and Sixty-five One Hundredths of an Acre be the same more or less and being more particularly described as follows,that is to say: COMMENCING where the located centre line of the said Tillsonburg,Lake Erie and Pacific Railway intersects the line between the north and south halves of Lot One hundred and Twenty-five in the Sixth Concession south of the Talbot Road of the Township of Bayham aforesaid; THENCE on a course itbout Magnetic South Four(4) degrees and Six Minutes West along the Centre line of said Railway a distance of Thirty-three hundred and Twenty-two feet more or less to the line between the Sixth Concession and the South Gore south of the Talbot Road of said Township being bounded on the North by the linebetween the North and South Halves of Lots numbers One Hundred and Twenty-five and One Hundred and Twenty-six in the said Concession and Township and bounded on the South by the line between the Sixth Concession and the South Gore south of the Talbot Road of said Township,and bounded on the West by a line Thirty-three feet Westerly from and parallel to the located Centre line of said Railway as herein described, measured at right angles therefrom and bounded on the east by the present fence between the land of Locken and Robert H. Dennis and the West side of the U_J O Ocr� `!7f{ uments and Settingsldjames\Desktop\Tillsonburg Legal Description.doc Province DYE&DURHAM CO.INc.-.Form No.el 1,7%.1 amended NOV.1992 of Schedule `""— Ontario Form 5—Land Registration Reform Act Tillsonburg,Municipality of$ayham 001011819-0010 Page 17 Ad l Property Identifiers)and/or Other Information Public Road as now laid between Lots Numbers One Hundred and Twenty-five and One hundred and Twenty-six.in the Sixth Concession South of the Talbot Road of said Township all as shown in pink on the diagram annexed toInstrument 11843. Portion 3—Instrument 11763 (Secondly) All and singular that certain parcel or tract of land and premises situate, lying and being in the Township of Bayham in the County of Elgin and Province of Ontario,being land marked in pink ink on the plan or sketch annexed to Instrument 11763 which land is more particularly described as follows,that is to say: Being a Part of the North Half of Lot One hundred and Twenty-five in the Sixth Concession South of the Talbot Road of the said Township of Bayham, containing by admeasurement Five Acres and Three One Hundredths of an Acre,!be the same more or less,being more particularly described as follows,that is to say: COMMENCING where the located centre line of the said Tillsonburg,Lake Erie and Pacific Railway intersects the South side of the Road Allowance known as the Talbot Road lying between Concession Seven North of the Talbot Road and Concession Six South of the Talbot Road in the Township of Bayham aforesaid as a distance Westerly thereon of Forty-six(46)feet from the line between Lots One hundred and Twenty-five and One hundred and Twenty-six South of the Talbot Road; THENCE running on a course about Magnetic South Four(4)Degrees and Six(6)Minutes West along the centre line of said Railway at a distance of Thirty-three Hundred and Seventeen(3317)feet more or less to the line between:the North and South halves of Lot One hundred and Twenty-five(125) South of the Talbot Road in said;Concession and Township having a uniform width of Thirty-three(33)feet on each side of the centre line of said Railway measured at right angles therefrom as shown colored in pink on diagram annexed to instrument 11763. The lands described above are the lands set out in Schedule "G"to Instrument No.375323 registered in the Registry Office for the Registry Division of Elgin(No. 11). SCHEDULE "H" Part of Lots 17 and 18, Concession 5,Township of Bayham,County of Elgin,being all of the lands previously described in Registered Instruments numbered 11889(Bayham), 11783 (Bayham), 11883 (Bayham), 11892 (Bayiiam)and 11888 (Bayham). Shown as Portions 1 to 5,both inclusive,on the Sketch to Illustrate Descriptions attached to Schedule "H"of Deed registered as Instrument No.375323. Portion 1 —Instrument 11889(Bayham) All and Singular that certain parcel or trace of land and premises situate,lying and being in the Township of Bayham, in the County of Elgin, and Province of Ontario,being all that land marked in pink ink on the plan or sketch annexed to Instrument 11889(Bayham)which said land is more particularly described as follows,that is to say: Being composed of a Part of the South half of Lot number Seventeen in the Fifth Concession of the said Township of Bayham, gontaining by admeasurement Four Acres and Twenty-nine One hundredths of an Acre be the same more Or less,and being more particularly described as follows,that is to say: COMMENCING where the located Centre Line of the Tillsonburg,Lake Erie and Pacific Railway intersects the line between the North and South Halves of Lot Number Seventeen in the Fifth Concession of said Township on the line Fence said to be between Lots numbers Seventeen.and Eighteen in said Concession and Township forming the boundary line between the lands of Nelson Cochrane and William Lawrence; THENCE about Magnetic South Four(4)Degrees and Six(6)Minutes West along the centre line of said Railway a distance of Nine hundred and Fifty-one and a Half feet to a point of curve to right of a radius of Seventeen thousand One Hundred and Eighty-nine feet; THENCE continuing Southerly along the centre line of said Railway or said curve a distance of Ten hundred and ninety feet; Z 0 CCo 2POOCUMCDtS and Settings\djames\Desktop\Tillsanburg Legal rescription.doc ` iii t 1 J uYt 6 t1u9FU64 CO.INC.-Form No.J Province Schedule Amended NOV.1992 • .rte Ontario Form 5—Land Registration Reform Act Page 18 Tillsonburg.]Municiipality of yham 001011819-0010 /Additional Property Ident1 ergs)and/ot Other information THENCE about Magnetic South Seven Degrees and Forty-four Minutes West along the centre line of said Railway a distance:of Thirteen Hundred and Ten and a Half feet more or less to the Road Allowance between Concessions Four and Five in said Lot and Township,having a uniform width of Thirty-three feet on each side of the Centre line of said Railway,measured at right angles therefrom throughout on so much of the South half of Lot number Seventeen on the Fifth Concession of said Township as is taken within the widths described and as shown in pink on the diagram annexed to Instrument 11889(Bayham). Portion 2—Instrument 11783 (Barham) All and singular that certain parcel or tract of land and premises situate, lying and being in the Township of Bayham,in the County of Elgin,and Province of Ontario, being all that land marked in pink ink on the plan or sketch annexed to Instrument 117.83 (Bayham)which said land is more particularly described as follows,that is to say: Being composed of Part of the South Half of Lot Number Eighteen in the Fifth Concession of the Township of Bayham aforesaid,containing by admeasurement Seventy-nine One Hundredths of an Acre be the same more or lest, and being more particularly described as follows,that is to say:. COMMENCING whe4e the located centre line of the said Tillsonburg,Lake Erie and Pacific Railway intersects the line between the North and South Halves of Lot number eighteen in the Fifth Concession of the said Township at the line Fence said to be between Lots Numbers Seventeen and Eighteen in the Fifth Concession of the said Township and forming the boundary line between the lands of William Lawrence and Nelson Cochrane; ` THENCE about Magnetic South Four(4)Degrees and Six(6)Minutes West along the Centre line of said Railway a distance of Nine hundred and Fifty-one and a Half feet to point of curve to right of a radius of Seventeen Thousand One hundred and eighty-nine feet; THENCE continuing southerly along the centre line of said Railway on said curve a distance of Eight hundred and Fifty feet,More or less to a point thereon,a distance of thirty-three feet West from the said line fence between the lands of said Nelson Cochrane and the party of the first Part in Instrument 11783 (Bayham),measured at Fight angles from the centre line of said Railway,and taking a uniform width of Thirty-three feet on the past side of the centre line of said Railway,measured at right angles therefrom on so much of the.South Half of Lot number Eighteen in the Fifth Concession of said Township as is included in said width of Thirty-three feet from the centre lineof said Railway as just described and as shown colored pink on the diagram annexed to Instrument 11783 (Bayham). Portion 3--Instrument 11883 (Bayham) All and Singular that certain parcel or tract of land and premises situate, lying and being in the Township. of Bayham, in the County of Elgin,and Province of Ontario,being all the land marked in pink ink on the plan or sketch annexed to Instrument 11883(Bayham)which said land is more particularly described as follows,that is to say: Being composed of the pouthwest part of the North Half of Lot Number Eighteen in the Fifth Concession of the said Township of Bayham,containing by admeasurement Eighty-two One Hundredths of an Acre be the same more or less and being more particularly described as follows,that is to say: COMMENCING where the located centre line of the said Tillsonburg,Lake Erie and Pacific Railway intersects the line between the North and South.Halves of Lot number Eighteen in the Fifth Concession of said Township at the lire Fence between the lands of William Cornell and the parties of the first Part in Instrument 11883 (Bayham); THENCE about Magnetic North Four(4)Degrees and Six(6)Minutes east along the Centre line of said Railway a distance of Ten Hundred and Ten feet more or less to the boundary line between the lands of Rueben Tribe and the parties of the First Part in Instrument 11883 (Bayham)on the North Half of Lot. Number Eighteen in said Township,having a uniform width of Thirty-three(33)feet on the East side of the centre line of said Railway throughout, measured at right angles therefrom and taking allthe land on the West side of the centre line of said Railway just described belonging to the parties of the first part in Instrument 11883 (Bayham)to the said line Fence between the lands of the said parties of the First Part in Instrument 11883 (Bayham),and said William Cornell as shown in pink on the diagram annexed to Instrument 11883 (Bayham). o �Z ow Oto Ilc77.D 3cuments and Settingsldjames\Desktog\Ti 1sonburg Legal Description.doc Province urE&DUtitiAU CO.INC—Form No.! 1;;t of Schedule �+rt.ea.a>rov.,� Ontario •• Form 5--Land Registration Reform Act Page 19 Tin llsoburg. Municipityalof Bavharn " Property identifiers)and/or Other information QQ l O I 1 14(116°--------:----Additional Portion 4—Instrument 11892(Bavham) All and Singular that certain parcel or tract of land and premises situate, lying and being in the Township of Bayham,in the County of Elgin, and the Province of Ontario,being al that land marked in pink ink on the plan or sketch annexed to Instrument 11892(Bayham)which said land is more particularly described as follows,that is to say: Being composed of the North Part of the North Half of Lot Number Eighteen in the Fifth Concession in the said Township of Bayham,containing by admeasurement Two Acres and Twenty-seven One hundredths of an Acre be the same more or less and being more particularly described as follows,that is to say: COMMENCING where the located centre line of the said TilIsonburg,.Lake Eric and Pacific Railway intersects the south side of the Road Allowance between the South Gore and Concession Five in said Township at a distance Easterly thereon of Twenty-three(23)feet from the line fence said to be between Lots numbers Seventeen and Eighteen in the Fifth Concession of said Township,and forming the boundary line between the lands of William Cornell and Rueben Tribe; THENCE about Magnetic South Four.(4)Degrees and Six(6)Minutes West along the Centre line of said Railway a distance of Twenty-three hundred and Ten(2310)feet more or less to the line between the land of George Tribe and Rueben Tribe on the North Half of Lot Number Eighteen in said concession and Township,having a uniform width of Thirty-three feet on the East side of the Centre line of said Railway throughout,measured at right angles therefrom and taking all the land on the West side of the centre line of said Railway just desbribed belonging to Reuben Tribe to the said line Fence between the lands of said Rueben Tribe and said William Cornell as shown in pink on the diagram annexed to Instrument 11892 (Bayham). Portion 5—Instrument 11888 (Bavham) All and Singular that certain parcel or tract of land and premises situate,lying and being in the Township of Bayham, in the County of Elgin and province of Ontario,being all that land marked in pink ink on the plan or sketch annexed to Instrument 11888(Bayham)which said land is more particularly described as follows,that is to say: Being composed of a Part of the North half of Lot number Seventeen in the Fifth Concession of the said Township of Bayham,containing by admeasurement One Acre and ninety-five One hundredths of an Acre be the same more br less and being more particularly described as follows,that is to.say: COMMENCING where the located centre line of the said.Tillsonburg,Lake Eric and Pacific Railway intersects the south side of the Road Allowance between the South Gore and Concession Five of the said Township at the north half of Lot number Eighteen in the Fifth Concession of said Township at a distance thereon of Twenty-three(23)feet Easterly from the line fence said to be between Lots Numbers Seventeen and Eighteen in said Concession and Township and forming the boundary line between the lands of Reuben Tribe and George Tribe in Lot Number Eighteen in said Concession and Township and William Cornell; THENCE about Magnetic South Four(4)Degrees and Six(6)Minutes West along the centre line of said Railway a distance of Thirty-three Hundred and Twenty(3320)feet more or less to the line between the North and South halvesjof Lots numbers Seventeen and Eighteen in the Fifth Concession of said Township,taking a uniform width of Thirty-three(33)feet on the west side of the centre line of said Railway throughout,measured at right angles therefrom,on so much of the north half of Lot number Eighteen in the Fifth Cdncession of said Township and the land belonging to William Cornell as is contained within said width and as shown colored pink on the diagram annexed to Instrument 11888 (Bayham). The lands described above are the lands set out in Schedule"H"to Instrument No:375323 registered in the Registry Office for the Registry Division of Elgin(No. 11). SCHEDULE"I" Part of Lots 17 and 18, Concession 4,Township of Bayham,County of Elgin,being allof the lands previously described in Registered Instruments numbered 11893 (Bayham), 11901 (Bayham), 11784 wr OW rem actunents and Settingsldjetstes\Desktop\fiilsonbtug Legal Description.doc tion owe a UuNNMi co.INC..-torn No. Province lSchedule Amended NOV.1992 �+;;; of `n Ontario ' Form 5 —Land Registration Reform Act Page 20 • o * . u t' r. 'I► • t . so 001011819-001Q Additional Property Identit er(s)and/or Other Information (Bayham)and 12402(Bayham). Shown as Portions 1,2, 3 and 4 on the Sketch to Illustrate Descriptions attached to Schedule"P"of Deed registered as Instrument No. 375323. Portion 1 —Instrument 11893 (Bayham) All and singular that certain parcel or tract of land and premises situate lying and being in the Township of Bayham in the county of Elgin,and Province of Ontario, and being composed of Part of the South half of Lot number Eighteen in the Fourth Concession of the said Township of Bayham, containing by admeasurement One ani Ninety-One One Hundredths Acres be the same more or less,being more particularly described as follows,that is to say: COMMENCING where the located centre line of the said Tillsonburg,Lake Erie and Pacific Railway intersects the North side of the road Allowance between Concessions Three and Four of said Township at a distance of Seventeen(17)feet Easterly thereon from the line fence said to be between Lots number Seventeen and Eighteen in the Fourth Concession of the said township and forming the boundary line between the lands of Samuel Palmer on the South half Lot number Seventeen and the Palmer Estate on the South half of Lot number Eighteen in the said Concession and Township; THENCE about Magnetic North Four(4)Degrees and Six(6)Minutes East along the centre line of the said Railway a distance of Fourteen Hundred and Twenty-seven(1427)feet to point of curve to left of radius of Fifty-seven Hundred and Thirty(5730)feet; THENCE Northerly along the centre line of said Railway on said curved distance Seven Hundred (700) feet more of less to a point thereon a distance of Thirty-three(33)feet West from the said line Fence between the lands of said Samuel Palmer and the parties of the first Part in Instrument 11893 (Bayham), measured at right angles from the centre line of said Railway,taking a uniform width of Thirty-three(33) feet on the East side of the Centre line of said Railway,measured at right angles therefrom and taking all the land belonging to the parties of the first Part in Instrument 11893 (Bayham), lying between the Centre line of said Railway and the line fence said to be on the line between Lots Numbers Seventeen and Eighteen in said Concession and Township,and forming the boundary between the lands of said Samuel Palmer and the parties of the first Part in Instrument 11893 (Bayham). Portion 2—Instrument 11901 (Bayham) All and singular that certain parcel or tract of land and premises situate,lying and being in the Township of Bayham, in the county of Elgin, and Province of Ontario,being all the land marked in pink ink on the plan or sketch annexed*Instrument 11901 (Bayham)which said land is more particularly described as follows,that is to say: Being composed of a Pairt of the.south half of Lot number Seventeen in the Fourth Concession of the said Township of Bayham acid containing by admeasurement Three Acres and twelve One hundredth of an Acre be the same more Or less,being more particularly described as follows,that is to say: • COMMENCING her the located centre line of the said Tillsonburg,Lake Erie and Pacific Railway intersects the line between the north and south halves of Lot number Seventeen in the Fourth Concession of the said Township; THENCE about Magnetic south three degrees and three minutes west along the Centre line of said Railways a distance of) leven hundred and ninety-eight to point of curve to the right of a radius of five thousand seven hundred'and Thirty feet; THENCE southerly aioyrtg the Centre line of said Railway on said curve a distance of nine hundred and ten feet; THENCE about Magnetic South Four(4)Degrees and Six(6)Minutes West along the Centre line of said Railway a distance of Otte Thousand Four Hundred and Twenty-seven(1427)feet,more or less to the Road Allowance between Concessions Three and Four in the said Township,having a uniform width of Thirty-three(33)feet on each side of the Centre line of said Railway, measured at right angles therefrom throughout on so much Of the South Half of Lot Number Seventeen in the Fourth Concession of said Township as it taken within the widths described and as shown coloured in pink on the diagram annexed to Instrument 11901 (Bayham). .f J Op 3f 1i. uments and SettingsWjames\Desktop11Ti11sonburg Legal Description.doe r urea UVNMNA(.0,INC,—hOrtn NO.t Province Schedule Amended NOV.1992 ity Of --vim Ontario Form 5—Land Registration Reform Act Page 21 ' ' • • is I '.: . I . . u 1 i I • '-1 1 1 Additional Property Identi er(s)and/or Oi er Information Portion 3 —Instrument 11784(Bayham) All and Singular that certain parcel of tract of land and premises situate, lying and being in the Township of Bayham, in the county of Elgin and Province of Ontario,being all the land marked in pink ink on the plan or sketch annexed to Instrument 11784(Bayham)which said land is more particularly described as follows,that is to say: Being composed of Part of the North Half of Lot number Seventeen in the Fourth Concession of the said Township of Bayham, containing by admeasurement Four acres and Ninety One hundredths of an acre to be the same more or less and being more particularly described as follows,that is to say: COMMENCING where the located Centre line of the said Tillsonburg,Lake Erie and Pacific Railway intersects the south side;of the Road Allowance between Concessions Four and Five at the north half of Lot Seventeen in the Fourth Concession of said Township; THENCE about Magnetic south Seven degrees and Forty-four(44)Minutes West along the Centre line of said Railway a distance of Nineteen Hundred and Fifty-three and a Half(1953 %z)feet to point of curve to left of a radius of Fifty-seven Hundred and Thirty (5730)feet; THENCE continuing Southerly along the centre line of said Railway on said curve a distance of Ten Hundred and Eighty(1 080)feet; THENCE about Magnetic South Three(3)Degrees and Three(3)Minutes West along the Centre line of said Railways a distance of One Hundred and Ninety-eight and a Half(198 %2)feet more or less tothe line between the North and south Halves of Lot number Seventeen in the Fourth Concession of the Township aforesaid,having a uniform width of Thirty-three feet on each side of the Centre line of said Railway throughout, measured at right angles therefrom all as shown colored in pink on the diagram annexed to Instrument 11784(Bay\ am). Portion 4—Instrument 12402(Bayham) All and Singular that certain parcel or tract of land and premises situate,lying and being in the Township of Bayham,in the County of Elgin, and Province of Ontario,containing by admeasurement One Acre of land be the same more Or less, more particularly described as follows,that is to say: COMMENCING at the point in the Northerly limit of the north East Quarter of Lot Number Seventeen in the Fourth Concessiop of the Township of Bayham,where the Westerly limit of the present right of way of the Tillsonburg,Lake Erie and Pacific Railway Company intersects with said Northern limit; THENCE Southerly along the Westerly limit of the said right of way of the Tillsonburg,Lake Erie and Pacific Railway Compaly four chains(264 feet); THENCE in a Westerly direction and parallel with the Northerly limit of the North East quarter of said lot fifty links(33 feet)tb a point; THENCE in a Northerly direction and parallel with the Westerly limit of said right of way four chains more or less to the Northerly limit of the said Northeast quarter, THENCE Easterly along said Northerly Iimit of said North East quarter; THENCE Easterly along said Northerly limit of said North West quarter fifty links(33 feet)more or less to the place of beginning. The lands described above are the lands set out in Schedule"I"to Instrument No. 375323 registered in the Registry Office for the Registry Division of Elgin(No. 11). SCHEDULE"J" Part of Block 1,Registered Plan 54,Part of Lot 17,Concession 3,Part of Road Allowance between Concession 2&3 (Closed),Part of Lot 17, Concession 2,Township of Bayham,County of Elgin,being all of the lands previously described in Registered Instruments numbered 1822(Vienna), 1447(Vienna), L;"} U. oo Ow 1/4.6d gcuments'and Settingsldjames\Desktop\Tillsonburg Legal Deseription.doc DYE&DURHAM CO.INC—Form No. Province Schedule Amended NOV.7892 17: of Onlario Form 5—Land Registration Reform Act Page_ 22 Tillsonburg,Municipality ofayham 001011819-0011 (Additional Property identifier(s)erid/o Other information 11886(Bayham)and 13113 Bayham). Shown as Portions 1,2,3 &4 on the Sketch to Illustrate descriptionsattached to Schedule"J"of Deed registered as Instrument No. 375323. Portion 1—Instrument 1822(Firstly-Vienna) All and Singular that certain parcel or tract of land and premises situate, lying and being in the Township of Bayham hereinafter more particularly described,namely: A tract or parcel of land of irregular figure in the Village of Vienna,County of Elgin,Province of Ontario, comprising Part of the original road allowance between Concession Numbers Two and Three(Nos.2 and 3)of the Township of layham,and also a portion of said road as diverted to pass under the Railway track of the Tillsonburg,Lake Erie and Pacific Railway,containing an area of Two hundred and ninety-eight thousand of an acre(298/1000 Ac.)more or less, and being shown edged in yellow on the plan attached to Instrument 1822(Vienna),the limits of said tract of land being more particularly described as follows, that isto say: COMMENCING at the point of intersection of the northerly boundary of said road allowance between Concessions numbers Two and Three,with the north westerly boundary of the right of way of the Tillsonburg,Lake Erie and Pacific Railway; THENCE in a westerly;direction a distance of about seventy-six feet(76')to a point at a square distance of eighty feet(80')north westerly from the centre line of said railway at a chainage 1638+88; THENCE in a south easterly direction,at right angles to said centre line,a.distance_if One hundred and Thirty-eight feet(138')knore of less,to the location of the south eastern corner of the arch to be erected to carry said roadway under said Railway; 'DUNCE in an easterly direction to the location of the Southeasterly end of the wing wall to be built on the Northeastern side of the Southeastern end of said arch; THENCE, in a Northeasterly direction a distance of about One Hundred(100)feet to the point of intersection of the Northerly boundary of said Road Allowance with the Southeastern boundary of the right of way of said Railway; THENCE, in a westerly direction along the northerly side of said road allowance a distance of about One hundred and five feet(1105')to the point of commencement. Portion 2—Instrument 1447(Vienna) All and singular that certain parcel or tract of land and premises situate,,lying and being in the Township of Vienna,in the county of Elgin,and Province of Ontario, being all the land marked in pink ink.on the plan or sketch annexed 10 Instrument 1447(Vienna)which said land,is more particularly described as follows,that is to say: Being composed of a Part of Block"1"in the incorporated Village of Vienna originally a Part of the South East Part of Lot number Sixteen in the Third Concession in the Township of Bayham, in the County of Elgin and containing byj admeasurement Ninety-eight One Hundredths of an Acre be the same more of less,and being more particularly described as follows,that is to say: COMMENCING where the located centre line.of the said Tillsonburg,Lake Erie and Pacific Railway intersects the East boundary of Block"1"in the incorporated Village of Vienna on the line forming the East boundary of the said Village of Vienna, being also the line between Township Lots Sixteen and Seventeen in the Third Concession of the Township of Bayham aforesaid; THENCE Southwesterly on a curve to the right of a radius of Nineteen hundred and ten feet along the centreline of said Railway a distance of One hundred and forty-five feet,having a uniform width thereat and throughout said distance of Thirty-three feet on each side of the centre line of said Railway,measured at right angles therefror>i!i; 1'Hfl'NCE about Magnetic South Forty-five(45)Degrees and Forty-five(45)Minutes West along the centre line of said Railways a distance of One hundred and sixty-three feet increasing uniformity to a width thereat of fifty feet on each side of the centre line of said Railway,measured at right angles therefrom; • w� UJ Z ° CCco Z'blocuments and Settingsldjamcs\Desktop\Tillsonburg Legal Description.doc �l uln -- u..Wwvw...V.mV.—rune nu.v 1 _, Province Schedule Amended NOV.1992 +y of -.r Ontario Farm 5—Land Registration Reform Act • Page_ 23 • gar 11 I' 'a. '� . 1 . u I 1 : '_1 1 1 Additional Property ldentif er(s)and/or Of r Information THENCE continuing on same course along the centre line of said Railways a distance of One hundred and ninety-six feet mord or less to the North side of the Road Allowance between Concessions Two and Three in said Township;at a distance thereon,of three hundred and Thirty-three feet westerly from the East boundary of the said Village of Vienna and the line between Concessions Two and Three in said Township at a distance thereon of three hundreds and Thirty-three feet westerly from the Easy boundary of the said Village of Vienna and the line between Township Lots numbers Sixteen and Seventeen in the Third Concession of the said Township,having a uniform width of fifty feet on each side of the Centre line of said.Railway,measured at right angles therefrom throughout said last named distance all as shown in pink on the diagram annexed to Instrument 1447(Vienna). Portion 3—Instrument 1:1886—(Bayham) All and singular that certain parcel or tract of land and premises situate lying and being in the Township of Bayham, in the County of Elgin and Province of Ontario,being all that land.marked in pink ink on the plan or sketch annexed to Instrument 11886(Bayham)which said land is more particularly described as follows,that is to say: Being composed of a Part if the South half of Lot number Seventeen in the third Concession of the said Township of Bayham,containing by admeasurement Four Acres and Fourteen One hundredths of an Acre be the same more or less,being more particularly described as follows,that is to say: COMMENCING where the located centre line of the said Tillsonburg,Lake Erie and Pacific Railway intersects the line between the North and South halves of Lot number Seventeen in the Third Concession 1 of the said Township; 'THENCE about Magnetic South Nineteen degrees and One minute West along the Centre line of the said Railway a distance of Nineteen hundreds and eighty-one feet to a point of curve to the right of a radius of nineteen hundred and ten feet; THENCE continuing South Westerly along the centre line of said Railway on said curve a distance of Seven Hundred and Forty-six(746)feet,more or less to the line between Lots numbers Sixteen and Seventeen in the Third concession of said Township firming the East boundary of the incorporated Village of Vienna,having a uniform width of Thirty-three feet on each side of the Centre line of said Railways measured at right angle therefrom all as shown in pink of the diagram annexed to Instrument 11886(Bayham). Portion 4—Instrument 1 1.13-(Bayham) All and Singular that certain parcel or tract of land and premises situate, lying and being in the Township of Bayham, in the county of Elgin,in the Province of Ontario, being all that land marked in pink ink on the plan or sketch annexed to Instrument 13113(Bayham)which said land is more particularly described as follows,that is to say: Being composed of Part of the North East Quarter of Lot number Seventeen in the Third Concession of the said,Township of Bayham, containing by admeasurement Four Acres and Ninety-Seven One hundredth of an Acre bel the same more or less, and being more particularly described as follows,that is to say: COMMENCING where the located centre line of the said Tillsonburg,Lake Erie and Pacific Railway intersects the South side of the Road Allowance between Concessions Three and Four in the said Township at a distance Of Thirty and a half feet Westerly thereon from the Fence said to be between Lots number Seventeen and Eighteen in the third Concession of said Township and forming the boundary lines between the lands of Geprge Godby and the party of the first Part in Instrument 13113 (Bayham); THENCE about Magnetic South Four Degrees and Six Minutes West along the Centre line of said Railways a distance of three hundred and Forty-three feet to point of curve to the right of a radius of Fifty- seven Hundred and Thirty feet; THENCE Southwesterliy along the centre line of said Railway on said curve a distance of Eleven Hundred and Seventy-nine feet(1179),having a uniform width of Thirty-three(33)feet on each side of the Centre line of said Railway measured at right angles therefrom, save and except thereout and therefrom,so much land on the East side of the Centre line of said Railway as belongs to the said George . U>� "O OW du) • ocwnents and Settingsldjames\Desktoptrillsonburg Legal Description.doc u.c o uUnnw t,y.Rti,—rWm IVO. ; of Province Schedule Amended NOV.1992 Ontario Form 5—Land Registration Reform Act • Page 24 ala I u 1 �: �� r : . r . n i}iI 1 : r-11 i Additional Property Idenli er(s)and/or Other Information Godby lying within the said width of Thirty-three(33)feet as shown on the diagram annexed to Instrument 13113 (Bayham); THENCE continuing South Westerly along the Centre line of said Railway on said curve a distance of One Hundred(100)feet increasing uniformly to a width thereat of Fifty(50)feet on each side of the Centre line of said Railway,measured at right angles therefrom; THENCE continuing Southwesterly along the.Centre line of said.Railway on said curve a distance of One Hundred Fifteen(115)Feet decreasing uniformly to a width thereat of Thirty-three(33)Feet on each side of the centre line of said Railway,measured at right angles therefrom; THENCE about Magnetic South Nineteen(19)Degrees and One(1)Minute West along the Centre line of said Railway,a distance of Fourteen Hundred and Two(1402)feet,more or less,"to the line between the North and South halves of said Part of Lot number Seventeen in the third Concession of said Township and forming the boundary line between the lands of James Clark and the party of the first Part in Instrument 13113(Bayham),having a uniform width of Thirty-three(33)feet on each side of the centre line of said Railway throughout said last named distance,measured at right angles therefrom, save and except there out and therefrom,the Highway known as Kirkland Road, all as shown in pink on the diagram annexed to Instrument 13113 (Bayham). The lands described abcive are the lands set out in Schedule"J"to Instrument No.375323 registered in the Registry Office for the Registry Division of Elgin(No. 11). SCHEDULE "K" Part of Lots 16, Concession 2,Township of Bayham, County.of Elgin,being all of the lands described in Registered instruments numbered 1445 (Vienna), 1821 (Vienna)and 1822(Vienna). Shown as Portions 1,2,3 &4 on the Sketch to Illustrate descriptions attached to Schedule"K"of Deed registered as Instrument No. 375323; Portion 1 —Instrument 1445 (Vienna) All and Singular that certain parcel or tract of land and premises situate, lying and being in the Township of Bayham, in the county of Elgin, and Province of Ontario,being all that land marked in pink ink on the plan orsketch annexed to Instrument 1445(Vienna)which said land is more particularly described ad follows,that is to say: Being composed of a Part of the North Half of Lot Number Sixteen in the Second Concession of the said Township of Bayham,Containing by admeasurement Two and Fifty-one Hundredths Acres be the same more or less and being more particularly described,as follows,that is to say: COMMENCING whale the located centre line of the said Tillsonburg,Lake Erie and Pacific Railway intersects the South side of the Road between Concessions Two and Three in the said Township of Bayham at a point distait three hundred and ninety-three feet Westerly thereon from the line forming the East boundary of the incorporated Village of Vienna and being also the line between the North halves of Lots numbers Sixteen and Seventeen in the Second Concession of the said Township of Bayham; THENCE NCE running about Magnetic south forty-five degrees and forty-five minutes West along the Centre line of the said Railwayi to a point distant Two hundred and Thirty-eight feet having a uniform width of Fifty feet on each side of the said centre line of railway, measured at right angles therefrom; THENCE continuing on the same course along the centre line of said Railway to a point distant Two Hundred feet having a width thereat of Thirty-three feet on each side of said centre line of railway, measured at right angles therefrom; THENCE continuing on the same course along the centre line of said railway Ten Hundred and Thirty feet more or less to the North side of the said road between.Lots numbers Fifteen and Sixteen in the said Township,having a uniform width of Thirty-three feet on each side of the centre line of said railway, measured at right ang14 therefrom as shown colored red on diagram annexed to instrument 1445 (Vienna). UJ 6 It U- U, U) Lid(� cuments and Settingsldjames\Desktop\Tillsonburg Legal Description.doc Pi i, u t o uurvvu.,W,wt �rom1 o. Province Schedule A nonded NOV.9992 t t l .-. a -v-- Ontario Form 5—Land Registration Reform Act Page 25 Tillsnnlsitr�_ Municin. '■ nf` 00100 121 4()Intl Additional Property�er(s)and/or O er In ormation Portion 2—Instrument 1821 (Firstly—Vienna) All and Singular that certain parcel or tract of land and premises situate, lying and being in the Village of Vienna,County of Elgin,and Province of Ontario,being composed of Parts of the North half of Lot Number Sixteen in the Second Concession of the Township of Bayham, and which parcel may be more particularly known•anddescribed as follows,that is to say: COMMENCING on the Northerly limit of the lands acquired for Right of Way through the said Lot by the Tillsonburg,Lake Erie and Pacific Railway Company at a point thereon distant about 54 feet Southwesterly thereon from its intersection with the westerly limit of the original allowance for road between Concessions Numbers Two and Three of said Township, said point being on the westerly limit of the road as now fenced and travelled; THENCE south 45 degrees 45 minutes West(Magnetic)along said northerly limit 167 feet to an angle in the same; THENCE south 40 degrees 53 minutes West still along said northerly limit 200.7 feet to another angle in the same; THENCE south 45 degrees 45 minutes West still along said northerly limit 41.3 feet; THENCE north 19 degrees 02 minutes East 238 feet to a point distant 140 feet Northwesterly at right angles from the centre line of the said Railway; THENCE North 45 degrees 45 minutes East parallel to said centre line 197 feet to the said westerly limit of the road between Concessions Numbers Two and Three as now travelled; THENCE South 44 degrees 15 minutes east along said last mentioned limit 90 feet to the place of beginning as shown edged in red on sketch attached to Instrument 1821 (Vienna). Portion 3—Instrument 1821 (Secondly—Vienna) All and singular that certain parcel or tract of land and premises situate,lying and being in the Village of Vienna,County of Elgin and Province of Ontario,being composed of Parts of the North half of Lot Number Sixteen in the Second Concession of the Township of Bayham, and which parcel may be more particularly known and described as follows,that is to say: COMMENCING on the southerly limit of said Right of Way at a point thereon distant about 55 feet south westerly thereon from its intersection with the said westerly limit of said original road allowance being on the westerly limit of the road as now travelled; 1'H F NCE South 45 degrees 45 minutes West(magnetic) along said southerly limit 205.5 feet to an angle in the same; THENCE South 50 degrees 37 minutes West still along said southerly limit 200.7 feet to another angle in the same; 1'N1+NCE South 45 degrees 45 minutes West still along said southerly limit 98.3 feet; THENCE North 65 degrees 57 minutes East 310 feet to a point distant 140 feet south easterly at right angles from the centre line of said railway; THENCE North 45 degrees 45 minutes East parallel to said centre line 300 feet to the said westerly limit of the road between said Concessions as now travelled; THENCE South 89 degrees 17 minutes West along said last mentioned limit 124 feet to the place of beginning as shown edged in red on sketch attached to Instrument 1821 (Vienna). SAVE AND EXCEPT those lands previously.described in instrument 115189: All and Singular that certain parcel or tract of land and premises situate, lying and being Part of the north Part of Lot 16,Concession 2 in the Township of Bayham shown as(6)on a plan of survey prepared by rur} { UJ w0 oLU o0 cuments and Settingsldjames\Desktop\Tillsonburg Legal Description.doc • Province Schedule A�nanded NOV.1 982 of . Ontario • Form 5—Land Registration Reform Act Page 26 tri kJ r' •. . r . n I1 I •-II Additional Property Ideriti rer(s)and/or 0 her Information John F.Weston,O.L.S.;dated the 30th of September, 1964,which may be more particularly described as follows: PREMISING that the bearings are astronomic and are derived from observations on the sun referred to the meridian through the southwest angle of Lot D,Registered Plan No. 54 for the County of Elgin; COMMENCING at a standard Iron Bar planted in the southeasterly limit of the right-of-way for the Canadian Pacific Railway which may be located by Starting at the northeast corner of the said Lot 16, THENCE south 01 degree 42 minutes East along the easterly limit of Lot 16 a distance of 19027 feet to a standard Iron Bar planted. THENCE North 69 degrees 17 minutes 40 seconds West 377.75 feet to the standard Iron Bar which is the point of commencement of this description. THENCE North 42 degrees 20 minutes 50 seconds East along the said Southeasterly limit of the CPR lands 175.9 feet. THENCE South 88 degrees 48 minutes 30 seconds West along a limit of the CPR lands 112.85 feet. THENCE South 42 degrees 15 minutes West 46.1 feet. THENCE South 15 degrees 14 minutes 30 seconds.East 96.8 feet to the point of commencement,as shown outlined in red on the plan attached to Instrument 115189. Portion 4—Instrument 1'822(Secondly—Vienna) All and singular that cetttain parcel or tract of land and premises situate,lying and being in the Township of Bayham,hereinafter more particularly described,namely: A tract or parcel of landl of irregular figure in the Village of Vienna,county of Elgin and Province of Ontario, comprising Pact of the road allowance between Concessions Numbers Two and Three of the Township of Bayham, as deviated to pass under the tracks of the Tillsonburg,Lake Erie and Pacific Railway, containing an area of Seventy-eight Thousandths of an Acre 978/100 Ac.)more or less,that limits of said tract of land being more particularly described as follows, namely: COMMENCING at a point distant eighty feet(80')at right angles north westerly from the centre line of said Railway at chainage 1639+08; THENCE in a Southwesterly direction parallel to the centre line of said Railway to the Southern fence of said road allowance as deviated; THENCE in a Southea'lterly direction along said Southern fence a distance of about Ninety feet to an angle in said Southerly fence; THENCE on a course along said fence North Eighty-nine(89)Degrees Seventeen(17)Minutes East fifty-six feet(56'); •I'H INCE in a Northwesterly direction at right angles to said centre line to the place of commencement. The lands described above are the lands set out in Schedule"K"to Instrument No.375323 registered in the Registry Office for the Registry Division of Elgin(No. 11). SCHEDULE "L" Part of Blocks E, G &K Registered Plan No. 54, Part of Lots 13, 14& 15, Concession 2,Township of Bayham,County of Elgin,being all of the lands previously described in Registered Instrument numbered 11884(Bayham),. 1189 (Bayham), 14457(Bayham), 1446(Vienna), 1459(Vienna), 1771 (Vienna)and 2173 (Vienna), shown as Portions 1 to 7,both inclusive,on the Sketch to illustrate Descriptions attached to Schedule"L"of Deed registered as Instrument NO.375323. UJ �Z 00 CC \ vcuments and Settings\djames\Desktop1Tillsonburg Legal Description.doc I......one...w..nv.—rwui nu.C oProfvince Schedule Amended NOV.1992 Ontario Form 5—Land Registration Reform Act Page_ 27 si . • ►i I' S. . . : . I. H fi 1 : 6-II 1 Additional Property Identil r(s)and/or Ot er Information Potion 1—Instrument.1,1884(Secondly—Bayham) All and singular that certain parcel or tract of land and premises situate, lying and being in the Township of Bayham, in the County of Elgin and Province of Ontario,being land marked in pink ink on the plan or sketch annexed to Instrument 11884 (Bayham)which said land is more particularly described as follows, that is to say: Being composed of a Part of the south Part of Lot Number Thirteen in the Second Concession of the said Township of Bayham,containing by admeasurement One Acre and Ninety-seven One Hundredths of an Acre be the same more or less and being more particularly described as follows,that is to say; COMMENCING where the located centre line of the said Tillsonburg,Lake Erie and Pacific Railway intersects the line Fence forming the west boundary of the land belonging to James Payne and the east boundary of the land belonging to James Wilkins on Part of the south Part of Lot number Thirteen in the Second Concession of said Township,having a width thereat of Thirty-three(33)feet on each side of the centre line of said Railway on a curve to the left of a radius on One Thousand One Hundred and Forty-six (1146).feet,distance of four hundred and twenty-eight(428)feet increasing uniformly to a width thereat of Forty(40)feet on each side of the Centre line of said Railway measured at right angles therefrom; THENCE about Magnetic South Seven(7)Degrees and Forty-five(45)Minutes West along the centre line of said Railway a distance of Two hundred and Thirty-one and a half(231 1/2)feet to point of curve to the right of a radius of Eleven Hundred and Forty-six(1146)feet, increasing uniformly to a width thereat of Fifty(50)feet on each side of the centre line of said Railway,measured at right angles therefrom; THENCE Southwesterly along the centre line of said Railway on said curve a distance of Three Hundred and Thirty-five and a Half(335 'A) feet, more or less to the Road Allowance between Concessions One and Two on said Part of said Lot Number Thirteen in said Township,having a uniform width of Fifty(50) feet on each side of the centre line of said Railway throughout the last named distance,measured at right angles therefrom, all as shown in pink on the diagram annexed to Instrument 11884(Bayham). Portion 2—Instrument 11899(Bayham) All and Singular that certain parcel or tract of land and premises situate, lying and being in the Township of Bayham, in the County of Elgin and Province of Ontario,being all that land marked in pink ink on the plan or sketch, annexed to Instrument 11899(Bayham)which said land is more particularly described as follows,that is to say: Being composed of a Part of the South Half of Lot Number Thirteen in the Second Concession of the said Township of Bayham,containing by admeasurement Eighty-Two One Hundredths of an Acre be the same more or less,being more particularly described as follows,that is to say: COMMENCING where the located centre line of the said Tillsonburg,Lake Erie and Pacific Railway intersects the line between Lots numbers Thirteen and Fourteen in the Second Concession of the said Township; THENCE about Magnetic South Fifty-four(54)Degrees and Twenty-four(24)Minutes West along the centre line of said Railway a distance of Thirty-five and a half(35 'h)feet to point of curve to the left of a radius of One Thousand;One Hundred and Forty-six(1146)feet; THENCE Southwesterly along the centre line of said Railway on said curve a distance of Five Hundred and Five(505)Feet mote or less to the Fence line forming the Western boundary of the land of James Payne and the eastern bundary of the land of James Wilkins on the South Half of Lot number Thirteen on the Second Concessihn of said Township,having a uniform width of Thirty-three(33)feet on each side of the centre line off'said Railway, measured at right angles therefrom all as shown in pink on the diagram annexed to Instrument 11899(Bayham). Portion 3—Instrument 11884(Firstly—Bayham) All and Singular that certain parcel or tract of land and premises situate, lying and being in the Township of Bayham, in the County of Elgin and Province of Ontario,being all that land marked in pink ink on the plan or sketch annexed to Instrument 11884(Bayham)which said land is more particularly described as follows,that is to say; vy l-z a0 tioi %Air<cements and Settings\djames\Desktop Tilisonburg Legal Description.doc Province or Schedule yAmended NOV.1992 Ontario Form 6—Land Registration Reform Act Page_ 2$ Additional Property Identif er(s) -nd/or O1 er Information Being composed of a Part of the South Half of Lot Number Fourteen in the Second Concession of the Township of Bayham aforesaid,containing by admeasurement One Acre and Eighty-three One hundredths of an Acre be the same more or less and being more particularly described as follows,that is to say: COMMENCING where the located Centre line of the said Tillsonburg,Lake Erie and Pacific Railway intersects the South boundary of the incorporated Village of Vienna on the South Half of Lot number Fourteen in the Second;Concession of the Township of Bayham aforesaid; THENCE Southwesterly along the centre line of said Railway on a curve to the right of a radius of Five thousand Seven Hundred and Thirty(5730)feet,a distance of Three Hundred and Forty-one and a Half (341 1/2)feet; THENCE about Magnetic South Fifty-four(54)Degrees and Twenty-four(24)Minutes West along the centre line of said Railway a distance of Eight Hundred and Sixty-two(862)feet more or less to the line between Lots Numbers Thirteen and Fourteen in the Second Concession of said Township,having a uniform width of Thi*-three(33)feet on each side of the centre line of said Railway,measured at right angles therefrom all as 'shown in pink on the diagram annexed to Instnunent 11884(Bayham) Portion 4—Instrument 1446 (Vienna) All and singular that cettain parcel or tract of land and premises situate, lying and being in the Township of Bayham, in the County of Elgin,and Province of Ontario,being all that land marked in pink ink on the plan or sketch annexed'to Instrument 1446(Vienna)which said land is more particularly described as follows,that is to say: Being composed of a Part of Block"G"in the incorporated Village of Vienna and originally a Part of the North Twenty Acres in;the South Half of Lot Number Fourteen in the Second Concession of the said Township ofBayham and containing by admeasurement Ninety-two One Hundredths of an Acre be the same more or less,being more particularly described as follows,that is to say: COMMENCING where the located centre line of the said Tillsonburg,Lake Erie and Pacific Railway intersects the line between the land of Albert Teall in Block"K"and"E"of the incorporated Village of Vienna originally being a Part of the West Half of Lot Number Fifteen in the Second Concession of the Township of Bayham its the County of Elgin, and the land of James Wilkins in Block"G"of the incorporated Village of Vienna aforesaid,originally being a Part of the North Twenty Acres of the South Half of Lot number Fourteen in the Second Concession of the Township of Bayham aforesaid at a point thereon One hundred and twenty-five(125)feet Southerly from the line between the land of Edgar Nelles and James Wilkins; THENCE about Magnetic South Forty-five(45)Degrees and Forty-five(45)Minutes West along the centre line of said Railway a distance of Eighty-five and Half(85 Ya)feet to point of curve to the right of a radius of Five thousand'Seven hundred and Thirty(5730)feet: THENCE Southwesterly along the centre line of said Railway on said curve a distance of Five Hundred and Twenty-three and a Half(523 1/2) feet more or less to the South boundary of the incorporated Village of Vienna aforesaid,haying a uniform width of Thirty-three(33)feet on each side of the centre line of said Railway,measured at right angles therefrom, all as shown in pink on the diagram annexed to Instrument 1446 (Vienna). Portion 5—Instrument r.459(Vienna) All and singular that certain parcel or tract of land and premises situate,lying and being in the Township of Bayham, in the County of Elgin and Province of Ontario,being all that land marked in pink ink on the plan or sketch annexed to Instrument 1459(Vienna)which said land is more particularly described as follows,that is to say; Being composed of a Part of the West half of Lot number Fifteen in the Second Concession of the said Township of Bayham containing by admeasurement Two Acres and Twenty-five One hundredths of an Acre be the same more or less,being more particularly described as follows,that is to say; >T - LLz 00 Cr oMu) V"9pocuments and Settings\djames\Desktop\Tillsonburg Legal Description.doc DYE I DURHAM CO.INC,.-Form No.S rL Province Amended NOV_1992 ,�.,. of Schedule Delano Form 5—Land Registration Reform Act Page 29 Tillsonburg,Municipality ofauhana 001011819-0010 CAddttionat Property Identilier(s)and/gr Other Information COMMENCING where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the line between the East and West Halves of Lot number Fifteen in the Second Concession of said Township of Bayham; THENCE running about Magnetic South Forty-five(45)Degrees and Forty-five(45)Minutes West along the centre line of said Railway to a point distant thereon Four Hundred and Ninety-eight(498)feet, having a uniform width of Thirty-three(33)feet on the South side and Seventy-five(75)feet on the North side of said,Centre line of Railway, measured at right angles therefrom; THENCE continuing along same course to a point distant Two Hundred(200)feet,having a width thereat of Thirty-three(33)feet on each side of said Centre line of Railway, measured at right angles therefrom; THENCE continuing along same course a distance of Five Hundred and Six(506)feet more or less to the line between Lots Numbers Fourteen and Fifteen in the Second Concession of said Township of Bayham and having a uniform width of Thirty-three feet on each side of said Centre line of Railway,measured at right angles therefrom,as shown colored red on sketch annexed to Instrument 1459(Vienna) Portion 6—Instrument 1771 (Vienna)/Instrument 14457(Bayham) All and Singular that certain parcel or tract of land and premises situate,lying and being in the Township of Bayham, in the County of Elgin, and Province of Ontario,being all that land marked in pink ink on the right of way plan of the!said Tillsonburg,Lake Erie and Pacific Railway Company as registered in the Registry Office for County of Elgin which said land is more particularly described as follows,that is to say: Being composed of Part of the East Half of Lot number Fifteen in.the Second Concession of the Township of Bayham in the County of Elgin and Part of Block"K"in the Village of Vienna in the County of Elgin containing by admeasurement One Acre and Eighty-two Hundredths of an Acre be the same more or less,being more particularly described as follows,that is to say: COMMENCING whei1e the located centre line of the said Tillsonburg,Lake Erie and Pacific Railway intersects the Westerly limit of the abandoned Side Road between Lots Numbers Fifteen and Sixteen in the Second Concession Qf said Township of Bayham; THENCE running about Magnetic South Forty-five(45)Degrees and Forty-five(45)Minutes West along the centre line of said Railway to a point distant thereon One Hundred and Fifty-one(151)feet having a uniform width of Thirty-three(33)feet on each side of said centre line of Railway,measured:at right angles therefrom; THENCE continuing along same course to a point distant Two hundred and Twenty-five(225)feet having a width thereat of Thirty-three(33)feet on the South side and Seventy-five feet(75)on the North side of said centre line of Railway and measured at right angles therefrom; '1HENCE continuing along same course a distance of Four Hundred and Seventy-seven(477)feet more or less to the line between the East and West Halves of Lot Number Fifteen,having a uniform width of Thirty-three(33)feet on the South side and Seventy-five(75)feet on the North side of said centre line of Railway,measured at rii,ht angles thereform as shown colored red on sketch annexed to Instrument 1771 (Vienna)Ilnstrument 14457(Bayham). Portion 7—Instrument 2173 (Vienna) All and Singular that certain parcel or tract of land and premises situate,lying and being in the Village of Vienna, County of Elgin,Province of Ontario,being Part of the East Half of Lot 15 in the Second Concession of the Township of Bayham and otherwise known as Part of Block"K"of said Village, containing an area of Three Hundred and Fourteen Thousandths of an Acre(0.314 ac.)more or less,and being shown edged in reli on the plan attached to Instrument 2173 (Vienna), said plan being dated London,December 13th, 1912 and signed by the parties to Instrument 2173 (Vienna)for identification;the limits of said tract being,described as follows,viz:- COMMENCING at a point,being the intersection of the Northwesterly limit of the Right of way of Tillsonburg,Lake Erie and Pacific Railway, now lease to.the Canadian Pacific Railway Company,with the Westerly boundary of the Road Allowance between Lots 15 and 16 in said Concession, said U>' �z O° tpprw +tv: cuments and Settings\djames\Desktop\Tilisonburg Legal Description.doc 14.111 I um a uunnrva oU.INC.—P-Ortn No.' Province Schedule Amended NOV.tee2 of •—..—••••• Ontario • Form 5—Land Registration Reform Act Page 30 `4a ■ 11 • • - •� a 00101181Q-Qn1n Additional Property Idents er(s) nd/or Ot er Information Northwesterly Iimit of said right of Way being at a square distance of Thirty-three(33)feet Northerly from the centre of the main track of said railway,and proceeding from said point of commencement, along the Westerly boundary of the Road as aforesaid on a course North One(1)Degree,Twenty-seven (27)Minutes East, Sixty-four and Two tenths(64.2)feet more or less to a point distant seventy-five(75) feet Northerly from the said main line of said Railway; THENCE on a course South Forty-two(42)Degrees, Sixteen(16)Minutes West Four Hundred and Fifty-nine and Eight Tenths(459.8')feet to the Easterly limit of a Roadway leading from said Vienna Station; THENCE on a course North Fifty-three(53)Degrees East along the said Northwesterly limit of said Railway lands Two Hundred and Twenty-five(225)feet and five tenths(225.5)feet to an angle; THENCE on a course North Forty-two(42)Degrees Sixteen(16)Minutes East,One Hundred and Eighty-nine and Seven Tenths feet(189.7)to the point of commencement. The bearings being true bearings,the bearing of the main track of the Railway being assumed to be South Forty-two(42)Degrees'S ixteen(16)Minutes West. The lands described above are the lands set out in Schedule"L"to Instrument No.375323 registered in the Registry Office for the Registry Division of Elgin(No. 11). SCHEDULE "M" Part of Lot 13 Concession 1,Township of Bayham,County of Elgin,being all of the lands previously described in Registered Instruments numbered 11896(Bayham)and 14622(Bayham). Shown as Portions 1 and 2 on the Sketch to IIlustrate descriptions attached to Schedule"M"of Deed registered as Instrument No.375323. Portion 1—Instrument 14622(Bayham) All and singular that certain parcel or tract of land and premises situate, lying and being in the Township of Bayham,in the County of Elgin,and Province of Ontario,being all that land marked in pink ink on the plan or sketch annexed to Instrument 14622(Bayham)which land is more particularly described as follows,that is to say; Being composed of a Part of Lot Number Thirteen in the First Concession of the said Township of Bayham and containingby admeasurement One Acre and Forty-seven One-hundredths of an Acre be the same more or less,being more particularly described as follows; COMMENCING where the located centre line of the said Tillsonburg,Lake Erie and Pacific Railway intersects the boundary line between the lands of Mahlon B. Edison and the parties of the First Part to Instrument 14622(Bayl am); THENCE Southerly along the centre line of said Railway on a curve to the left of a radius of Fourteen Hundred and Thirty-three(1433)feet distance of One hundred and twenty-six(126)feet; THENCE about Magnetic South Twenty(20)Degrees and Forty(40)Minutes West along the Centre line of said Railway distant One hundred and Ninety-five(195)feet more or less to the Ingersoll and Port Burwell Gravel Road having a uniform width of Seventy-five(75)feet on the East side of the centreline of said Railway throughput measured at right angles therefrom and taling all the land on the West side of the centre line of said Railway lying between the land of Mahlon B.Edison aforesaid and the Ingersoll and Port Burwell Grave!Road. Portion 2-Instrument 1.1896(Bayham) All and singular that certain parcel or tract of land and premises situate, lying and being in the Township of Bayham,in the County of Elgin and Province of Ontario,being all that land marked in pink ink on the plan or sketch annexed tip Instrument 11896(Bayham)which said land is more particularly described as follows,that is to say: f'W} wZ O� Op 4.#79,ipoeuments and Settingsldjames\Desktopl"Tiilsonburg Legal Deacriptiondoc UYE 5 DURHAM CO.wG.—Form No.• f �` Province Schedule Amended NOV.1982 �;.;► of Ontario • Form 5--Land Registration Reform Act Page 31 TillsnnlinLg Municipality of Rayham 00101119-0010 "Additional Property identifier(s)and/or Other Information Being composed of a Part of the north Part of Lot Number Thirteen in the First Concession in the said Township of Bayham, containing by admeasurement Four Actes and Ninety-eight One Hundredths of an Acre be the same more or less, and being more particularly described as follows,that is to say; COMMENCING where the located centre line of the said Tillsonburg,Lake Erie and Pacific Railway intersects the South side of the Road Allowance between Concessions One and Two on the North Part of Lot Number Thirteen in the First Concession in the said Township,having a width thereat of Seventy-five (75)feet on each side of the centre line of said Railway,measured at right angles therefrom THENCE Southwesterly along the centre line of said Railway on a curve to the right of a radius of One Thousand One Hundred and Forty-six(1146)feet,a distance of One Hundred and Seventy-six(176), having a uniform width of Seventy-five(75)feet on each side of the centre line of said Railway thereat and throughout said distance measured at right angles therefrom; THENCE about Magnetic South Thirty-six(36)Degrees and Thirty-eight(38)Minutes West along the centre line of said Railway a distance of Five hundred and Twenty-nine(529)feet, increasing uniformly to a width thereat of One Hundred and Twenty-five(125)feet on each side of the centre line of said Railway,measured at right angles therefrom; THENCE continuing on same course along the centre line of said Railway a distance of Two Hundred and Eighteen and a Half(218 'A)feet to points curve to the left of a radius of One Thousand Four Hundred and Thirty-three(1433)feet,increasing uniformly to a width thereat of Seventy-five(75)feet on each side of the centre line of said Railway,measured at right angles therefrom; THENCE continuing Southerly along the centre line of said Railway on said curve a distance of Two hundred and Seventy-three(273)feet more or less to the line between the lands of.the party of the first Part to Instrument 11896(Bayham)and the Blackburn Estate on Lot Number Thirteen in said Concession and Township,having a uniform width of Seventy-five(75)feet on each side of the centre line of said. Railway throughout said last named distance,measured at right angles therefrom,all as shown in pink on the diagram annexed to Instrument 11896(Bayham). The lands described above are the lands set out in Schedule "M"to Instrument No. 375323 registered in the Registry Office for the Registry Division of Elgin(No.11) SCHEDULE "N" Part of Lot 18,Concession 3,Township of Bayham, County of Elgin,designated as Part 1 Deposited Plan 11R-6479 The lands described above are the lands set out in Schedule"N"to Instrument No.375323 registered in the Registry Office for the Registry Division of Elgin(No.11) SCHEDULE"0" Part of Lot 17, Concession 4,Township of Bayham,County of Elgin,designated as Part 1 on Deposited Plan 11R-6478. The lands described above-are the lands set out in Schedule"0"to Instrument No.375323 registered in the Registry Office for the Registry Division of Elgin(No.11). W� J �� Om ecu nests and Settingsidjames\Desktop1Tillsanburg Legal Dcscriptioa.doe LV.uV 1{.YV 79'+151 Sid THIS AGREEMENT AND TRANSFER AND GRANT OF EASEMENT BETWEEN: The Corporation of the Town of Tilsonburg and the Corporation of the Municipality of Bayham (hereinafter collectively called the"Grantor") being the registered owners of an estate in fee simple of those lands and premises more particularly described in Schedule "A" hereto (hereinafter collectively referred to as the "Easement Lands"). AND: ERIE SHORES WIND FARM GENERAL PARTNER INC., as trustee for ERIE SHORES WIND FARM GENERAL PARTNER TRUST, as general partner of ERIE SHORES WIND FARM LIMITED PARTNERSHIP, a limited partnership having its principal place of business at 67 Yonge Street, 16 Floor,Toronto, Ontario, M5E 1 J8. (hereinafter called the "Grantee") In consideration of the compensationdescribed in Section 3 hereof, and in consideration of the covenants hereinafter contained to be kept and performed by the Grantor and the Grantee (the receipt and sufficiency of which is hereby acknowledged), the Grantor grants and transfers unto the Grantee, free from all encumbrances and restrictions (other than the encumbrances listed in Schedule "B" hereto), the unobstructed right, liberty and privilege of an easement and right- of-way over, along, upon and across the Easement Lands for the following purposes: (a) the erection, installation, reinstallation, construction, operation, maintenance, inspection, patrol, removal, replacement, reconstruction, relocation, alteration and repair of its electrical transmission or distribution lines and all works, equipment, apparatus and appurtenances as may be necessary or convenient in connection therewith for the transmission, distribution and conveyance of electrical energy within, upon or over the Easement Lands, including, without limitation, all such above ground or under ground lines, wires, cables, cables grounding electrodes, conductors, apparatus single or multiple poles, standards, structures, steel towers, equipment, anchors, guy wires, works or appurtenances as the Grantee may deem necessary(the "Works"), subject to the provisions of Section 6 of this Agreement; (b) to load, unload and store material (subject to the limitations set out below), apparatus and equipment upon the Easement Lands, to roll and unroll wire thereon; (c) to make and keep the Easement Lands free from bush, trees, growths and water and to enter on the Grantor's lands to remove or trim any trees immediately adjacent to the Easement Lands which, in the reasonable opinion of the Grantee, may constitute a hazard to the Works and other obstructions that, in the reasonable opinion of the Grantee,may endanger the Works; and (d) to conduct all engineering, legal surveys, soil tests, soil compaction and environmental studies and audits in, under, on or over the Easement Lands as the Grantee in its sole discretion considers appropriate the results of which shall be made available to the Grantor forthwith upon completion, provided that the Grantor hereby covenants and agrees that the Grantee shall have exclusive rights in respect of the Easement Lands in relation to the development of wind generated uses up to a maximum of one hundred and fifty (150MW) megawatts of electricity generation. 1I,;41!1 Wi111 33 • • -2 - The Grantee confirms and acknowledges that the rights,privileges and easements granted to the Grantee pursuant to this Agreement are subject to the provisions of Section 10 (Grantor's Right to Use) and Section 31 (Subsequent Easements)of this Agreement. 1. Definitions "CPI" or "Consumer Price Index" means the Consumer Price Index (all items for Regional Cities, base year 1992 = 100) for the city in which the Lands are located, or, if there is no CPI for that city, for the city in Canada nearest the Lands for which there is a CPI published by Statistics Canada (or by a successor or other governmental agency, including a provincial agency), or(b)if the CPI is no longer published, an index published in substitution for the CPI or any replacement index designated by the Grantee with the consent of the Grantor. If a substitution is required, the Grantee will make the necessary conversions. If the base year for the CPI(or the substituted or replacement index) is changed by Statistics Canada(or by its successor or other governmental agency)the Grantee will make the necessary conversions. 2. Term The term of this Agreement shall commence on the date hereof(the "Commencement Date") and shall run for a period of forty(40)years (the"Term"). 3. Compensation (a) Definitions. (i) Annual Easement Compensation" means 4% of the Landowner Compensation, subject to an annual minimum payment of $18,000 for any capacity up to and including 100 MW (such annual minimum compensation to be adjusted annually by the lesser of: (A) the percentage increase in the CPI for the immediately preceding year; and (B) 3% percent). For any capacity exceeding 100 MW in any given year, the annual minimum payment shall be increased in an amount equivalent to the product obtained by multiplying $180 by such MW increase above 100 MW to be adjusted in accordance with the CPI adjustment as hereinbefore provided; (ii) "Landowner Compensation" means the aggregate annual compensation in relation to the Wind Revenue received by each of the landowners involved in the Erie Shores Wind Farm on whose land the Grantee has sited a wind turbine or turbines; and (iii) "Wind Revenue" means the gross revenues derived directly from the sale by the Grantee of electricity generated by the Erie Shores Wind Farm. (b) Forty-five (45) days after each anniversary of the Commencement Date, the Grantee shall pay to the Grantor the Annual Easement Compensation. (c) In the event that the period between last anniversary of the Commencement Date and the date of expiration or termination of the Term is less than a full year, the applicable payment made by the Grantee to the Grantor shall be the prorated portion of the Annual Easement Compensation for such period, such portion to be calculated on a per diem basis as the number of days between the last anniversary of the Commencement Date and the date of expiration or termination of the Term. (d) All amounts owing by the Grantee pursuant to this Section 3 shall be made by the Grantee to the Grantor by courier or hand delivery of cash or cheque, unless otherwise expressly agreed between the Grantor and the Grantee. 4. Rights of Access The Grantee,its agents, employees,representatives and contractors, shall have the right to enter upon the Easement Lands, on foot or with vehicles,machinery, supplies and equipment for all purposes connected with, or incidental to,the rights,privileges and easements herein granted. The Grantee shall not enter upon any of the Grantor's lands,other than the Easement YM4,.iV 1 Jy. "41 11 h ^31/� v.SJ 3 Lands, without the consent of the Grantor,not to be unreasonably withheld. S. Studies and Tests The rights, privileges and easements hereby granted shall include, without limiting the generality of the foregoing, the right to conduct all engineering, legal surveys and make soil tests, soil compaction and environmental studies and audits in, under, on or over the Easement Lands as the Grantee, in its sole discretion, considers appropriate and at the Grantee's sole cost and expense. Legal surveys and other tests relevant to the Grantor's use of the Easement Lands (other than information the Grantee considers proprietary) shall be made available to the Grantor upon completion at no cost to the Grantor. 6. Construction of Works (a) The rights,privileges and easements hereby granted shall include,without limiting the generality of the foregoing, the right of the Grantee to: (i) construct temporary or permanent access routes or rights-of-way over the Easement Lands for pedestrian or vehicular use and the Grantor specifically consents to the construction of such roads, provided that the Grantee shall be required to consult with the Grantor to determine the least intrusive route for any such access routes or rights-of-way and shall comply with the Grantor's reasonable requests regarding the siting and use of such roads; (ii) excavate or dig into and under the Easement Lands for the purposes of situating, stabilizing or anchoring the Works as required, in the Grantee's sole and reasonable discretion; and (iii) temporarily store any equipment, apparatus, materials and vehicles, including heavy equipment vehicles of whatsoever nature and kind upon the Easement Lands during the construction of the Works, (b) The Grantee shall, prior to commencing any construction of any kind on the Easement Lands: (i) obtain the approval of the Grantor in respect of the final siting and routing of the Works over the Easement Lands, and (ii) provide the necessary financial security to the Grantor in respect of such construction and the restoration plan relating thereto, provided the Grantor confirms and acknowledges that: (i)the Works shall include an"H"frame construction over most of the Easement Lands, save for the Easement Lands encompassing Eden and Straffordville where final design shall be subject to review and approval by the Grantor, and (ii) the Works shall not interfere with: (A) any prior unregistered easements granted by the Grantor in favour of Hydro One Networks Inc. over the Easement Lands, (B) any prior registered encumbrances affecting the Easement Lands, or(C) any Third Party Easement (as hereinafter defined). Any written request submitted by the Grantee to the Grantor for approval of the final siting and routing of the Works over the Easement Lands shall be considered and administered by the Grantor, acting reasonably and with diligence. (c) The Grantee shall, prior to commencing any construction of any kind on the Easement Lands, deposit with the Grantor a performance bond or other satisfactory security as to ensure that all of the contractors and sub-contractors are paid in a timely way. The Grantee shall indemnify and save harmless the Grantor with respect to any claims under the provisions of the Construction Lien Act, R.S.O. 1990, C.C.30, and successors thereto, including any legal costs incurred by the Grantor on a basis as between a solicitor and his own client. (d) The Grantee covenants and agrees that the construction of all Works shall be completed in a proper and workmanlike manner in compliance with applicable laws. 7. Maintenance of Works The Grantee will exercise its rights hereunder in a proper and workmanlike manner so as 1,JULJv 1 1;4u/441.11 5 minimize injury to the Easement Lands and will keep and maintain the Works in good repair. 8. Removal of Debris upon Completion of Construction Upon completion of the construction of the Works, the Grantee shall level the Easement Lands,unless otherwise agreed to by the Grantor, and shall remove all debris from the Easement Lands and restore the same to their former state so far as is practical. For greater certainty, none of the Works themselves shall constitute debris. 9. Storage of Equipment The Grantee shall not be entitled to store vehicles, equipment and materials on the Easement Lands except in connection with the construction, maintenance, repair, replacement, modification or removal of the Works, and then only for a reasonable length of time. 10. Grantor's Right to Use Easement The Grantor shall have free access to, and use of, the Easement Lands,provided that such access and use shall not preclude the construction of the Works or the use of the Easement Lands as contemplated herein. The Grantor shall not, without the Grantee's consent in writing which shall not be unreasonably withheld, change or permit the existing configuration, grade or elevation of the Easement Lands to be changed, or permit any excavation or opening which may disturb the existing surface of the Easement Lands or erect or store upon the Easement Lands any structures, materials, equipment, or vehicles. Prior to commencing any such installation, the Grantor shall give to the Grantee thirty(30) days' notice in writing so as to enable the Grantee to have a representative inspect the site and be present during the performance of the work and that the Grantor complies with any instructions that may be given by any such representative in order that such work may be carried out in such manner as not to endanger, damage or interfere with the Works. 11. Damage to Grantor's Property The Grantee shall be liable for physical and tangible damage done to any of the Grantor's lands or municipal drains or drainage systems by reason of the exercise by the Grantee of any or all the rights, privileges and easements granted by this Agreement (excepting damage caused to the property of the Grantor by its own act or that of its servants, agents, employees, representatives or contractors and excepting damage caused to the Easement Lands directly upon or beneath the footprint of the transmission or distribution towers for which separate and sufficient compensation is paid by the Grantee to the Grantor pursuant to the consideration payments contemplated in this Agreement). The Grantee shall make to the Grantor (or the person or persons entitled thereto) due compensation for any damages to the Grantor's lands resulting from the exercise of any of the rights, privileges and easements herein granted, and if the compensation is not agreed upon by the Grantee and the Grantor, it shall be determined in the manner prescribed by the Ontario Energy Board Act, 1998 as it may be amended or superseded from time to time. Any gates and fences interfered with by the Grantee shall be restored by the Grantee to the condition in which they existed prior to such interference. 12. Damage to Grantee's Property The Grantor shall not be liable to the Grantee for any damage or injury caused to any of the Works, equipment, apparatus and appurtenances thereto of the Grantee, or nay of its employees, agents, representatives or contractors, which occurs as a result of the permitted use and occupation of the Easement Lands by the Grantor or its agents, servants, employees, representatives or contractors, excepting thereto all damage caused by the willful or negligent acts or omissions of the Grantor. 13. Indemnity The Grantee shall indemnify and hold harmless the Grantor against all actions, suits, claims, demands and expenses made or suffered by any person or persons, in respect of loss, injury,damage or obligation to compensate, arising out of or in connection with or as a result of: (i) the negligence or willful misconduct of the Grantee; - 5 - lo (ii) any breach by the Grantee of the terms and conditions of this Agreement; or (iii) the Works or the operation of the Works, provided that the Grantee shall not be liable under this Section to the extent to which such loss, damage or injury is caused or contributed to by the negligence or default of the Grantor, its servants, agents, employees, representatives or contractors. For greater certainty, the Grantee shall not be liable for the actions of the Grantor, its agents, employees, representatives or any other person who enters upon the Easement Lands, by express or implied invitation of the Grantor. 14. Ownership of Works Notwithstanding any rale of law or equity, all property and equipment placed or operated on the Easement Lands by or on behalf of the Grantee shall, at all times, remain the personal property of the Grantee even though attached to the Easement Lands as applicable. 15. Removal of Works If all or part of the Works are no longer required by the Grantee, or should the Easement Lands be surrendered by the Grantee, or this Agreement is terminated by the Grantee or Grantor in accordance with the provisions thereof, the Grantee shall as soon as practicable under the circumstances, take down, dismantle and remove all Works and fill up all holes caused by such removal and restore the surface of the Easement Lands to the same condition, to the extent such restoration is practical, as the Easement Lands were prior to entry thereon and use thereof by the Grantee. If the Grantee no longer requires use of the Easement Lands for the purposes set out herein, this Agreement shall be terminated and the Grantee shall remove and discharge any instrument or encumbrance registered against title to the Easement Lands and related to its interest in the Easement Lands. 16. Default If either the Grantor or the Grantee makes any default in any term or condition of this Agreement, this Agreement shall not terminate, but the defaulting party shall be obliged to commence to remedy any such default within thirty (30) days after notice thereof in writing has been given to it by the non-defaulting party and thereafter to diligently complete the remedy. In the event that a payment default by the Grantee is not remedied within such notice period, the Grantor,may, at its option, and upon written notice to the Grantee,terminate this Agreement. 17. Termination by Grantee The Grantee may, if it so chooses, elect to terminate all rights, privileges and easements, and obligations hereunder,upon one(1)month's prior written notice to the Grantor. Upon the Grantee so electing to terminate, the Grantee shall, at its sole cost and expense, remove and discharge any instrument or encumbrance registered against title to the Easement Lands and related to its interest in the Easement Lands. 18. Notices All notices to be given hereunder shall be in writing and all such notices and any payments to be made hereunder may be made or served personally or by registered letter addressed to the Grantor at: The Corporation of the Town of Tillsonburg 200 Broadway,Upper Level Tillsonburg, Ontario N4G 5A7 Attention: Administrator Tel: (519) 842-6428 -And to- The Corporation of the Municipality of Bayham P.O. Box 160, 9344 Plank Road Staffordville, Ontario 37 - 6- NOJ 1Y0 Attention: Administrator Tel: (519) 866-5521 And addressed to the Grantee at: AIM PowerGen Corporation 200 Consumers Road Suite 604 Toronto, Ontario M2J 4R4 Tel: (416) 502-0993 Fax: (416) 502-1415 Attention: President and/or CEO, or such other address, as the Grantor or the Grantee respectively may from time to time advise and any such notices or payments shall be deemed to be given and received by the addressee upon personal service or, if served by registered letter, fourteen (14) days after mailing thereof, postage prepaid. In the event of a postal interruption, all notices to be given and all payments to be made hereunder may be made or served personally or delivered to the intended recipient at the address of the recipient set out above. 19. Ownership The Grantor represents that it is the absolute owner of the Easement Lands subject only to the encumbrances listed in Schedule "B". The Grantor shall notify the Grantee promptly and in writing of any change in ownership and the Grantee shall be entitled,to continue to send notices to the existing Grantor until satisfied of the status of the change of ownership of the Easement Lands. 20. Taxes The Grantee shall pay all rates and taxes that may be assessed and levied against the Grantee from time to time as a result of its interest in the Easement Lands and the Works or in .connection with its operations thereon. The Grantee shall indemnify and hold harmless the Grantor for all rates and taxes that may be assessed and levied against the Grantor from time to time as a result of the Grantee's interest in the Easement Lands and the Works or in connection with the Grantee's operations thereon. 21. Interest in Land The Easement is and shall be of the same force and effect,to all intents and purposes, as a covenant running with the Lands and these presents, including all of the covenants and conditions herein contained, shall extend,be binding upon and enure to the benefit of the Grantor and the Grantee, their respective executors, administrators, successors and assigns, as the case may be. The Grantee shall have the right from time to time, in its sole discretion to grant licences, assignments or charges of its rights acquired hereunder, in whole or in part,to third parties,without further consideration becoming payable to the Grantor herein. The Grantor and the Grantee agree that to the extent of such license, assignment or charge,this Agreement and all rights,privileges, and benefits accruing thereunder, shall be declared to be appurtenant to and for the benefit of the lands and undertaking of such licensee, assignee or chargee. The Grantee agrees that this Agreement, and the rights,privileges, and easements granted pursuant thereto shall be: (i) appurtenant to and for the benefit of the lands located in the Municipality of Bayham in the County of Elgin and being legally described as Part of Lot 13, Concession 2, Geographic Township of Bayham, designated as Part 1 on Plan 11R-8252, and(ii) for the purpose of electricity transmission lines or electricity distribution lines within the meaning of Part VI of the Ontario Energy Board Act, 1998. 22. Number and Gender Wherever the singular or masculine is used throughout this Agreement,the same shall be construed as being plural or feminine or a body corporate where the context might reasonably require. In the event of any conflict between metric and imperial expression of measurement in LVVJVII..YV 1'ri151 �� . - 7- this Agreement,the metric expression of measurement shall govern. 23. Registration The Grantee shall be entitled, at its cost and expense, to register this Agreement or a notice in respect thereof and any required reference plans in any relevant Land Registry Office and the Grantor agrees to execute, at no cost to the Grantee, all necessary instruments,plans and documentation for that purpose. 24. Quiet Possession The Grantee shall have quiet possession of the rights, privileges and easements granted hereunder. The Grantee in performing and observing the covenants contained in this Agreement, shall peacefully hold and enjoy the rights, privileges and easements hereby granted without hindrance, molestation or interruption on the part of the Grantor, or of any person, firm or corporation claiming by, through, under or in trust for the Grantor, subject to the rights of: (i) Hydro One in respect of its unregistered easements, (ii) any prior registered encumbrance affecting the Easement Lands, and(iii) any Third Party Easements(as hereinafter defined). 25. Non-waiver No waiver of a breach of any of the covenants of this Agreement shall be construed to be a waiver of any succeeding breach of the same or any other covenant. 26. Approvals The Grantor covenants and agrees in the event the Grantee needs access or routing over provincial highways, county roads, or municipal roads located within the Transmission Corridor (as defined in the Option Agreement between the Grantor and the Grantee relating to this Agreement), to operate the Erie Shores Wind Farm: (i) in the case of provincial highways and county roads, it will co-operate with and support the Grantee in respect of any applications by the Grantee or consents or approvals required in relation to acquiring such rights, and (ii) in the case of municipal roads within the Transmission Corridor, execute all consents, approvals, agreements and any other documents which the Grantee may require in connection therewith (items (i) and (ii) above hereinafter collectively, "Approvals"), in each case, on such terms and conditions as reasonably determined by the Grantor and Grantee and as permitted at law. All applications for Approvals, shall be made by the Grantee, at its sole cost and expense, and any costs to the Grantor associated with such Approvals shall be borne by the Grantee. The Grantee agrees that the obligation of the Grantor pursuant to this Section shall be restricted to execution of documents and production of documents and information and shall not impose upon the Grantor any financial obligation whatsoever., Should the Grantor wish to sever any part of the Easement Lands to sell same to a third party,provided that the Grantor obtains all the required surveys and approvals to so sell and pays any and all costs and fees associated with the sale, the Grantee shall release that portion of the Easement Lands so severed from this Agreement and the rights, privileges and easements granted to the Grantee pursuant thereto, provided such portion of the Easement Lands are not necessary to the Works of the Grantee as constructed or to be constructed on the Easement Lands. 27. Goods and Services Tax("GST") The Grantee covenants and agrees that if the Grantor is a registrant pursuant to the Excise Tax Act (Canada) (the "ETA"), the Grantee shall be liable for and shall pay to the Grantor an amount equal to the current rate of GST expressed as a percentage of the consideration set forth above representing GST payable under the ETA in connection with the granting of the rights, privileges and easements pursuant to this Agreement. The Grantor on receipt of the aforementioned amount representing GST shall remit such amount to the appropriate governmental authorities pursuant to and in accordance with the provisions of the ETA. 28. Entire Agreement ✓VwV.10 nr1.) It �/rF f - 8 - This Agreement and the schedules attached hereto constitute the entire agreement between the parties pertaining to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions between the Grantor and the Grantee whether oral or written. There are no representations, warranties, collateral agreements, conditions or other agreements between the Grantor and the Grantee hereto in connection with the subject matter hereof except as specifically set forth herein. No supplement, modification, waiver or termination of this Agreement shall be binding unless in writing and executed by the Grantor and the Grantee. No waiver of any provision of this Agreement shall constitute a waiver of any other provision nor shall such waiver constitute continuing waiver unless otherwise expressly provided herein. 29. No Affect on Statutory Ri&hts This Agreement shall not affect or prejudice the Grantor's or Grantee's statutory rights under the provisions of the Ontario Energy Board Act, 1998 or any other laws. 30. Assignment (a) Subject to subsection (c) below, this Agreement may be assigned by the Grantor with the prior written consent of the Grantee, acting reasonably. (b) Subject to subsection (c) below, the Grantee shall be able to assign this Agreement, and all of its rights, privileges, interests and benefits in the Easement Lands, including the easements created thereby, (i)to its lender(s) or anyone to whom the Grantee has provided a guarantee in respect of the Erie Shores Wind Farm (herein referred to collectively as the "Lenders" and individually as a"Lender") as security for the Grantee's obligations to such Lenders or by the Lenders to any persons in connection with an enforcement of their security, in each case, with the prior consent of the Grantor, not to be unreasonably withheld or delayed, and (ii) to any other person with the prior written consent of the Grantor, not to be unreasonably withheld or delayed. The Grantor shall execute and deliver the Owners Acknowledgement and Consent Agreement in favour of such Lender(s) in the form attached hereto as Schedule"C". (c) No assignment by either the Grantee or the Grantor shall be effective unless and until the assignee executes a counterpart of this Agreement (without the need for any other party to execute that counterpart) agreeing to be bound by the terms hereof to the same extent as if it had been an original party hereto, provided that such requirement shall not apply to any assignment to any Lenders of the Grantee as security for the Grantee's obligations to such Lenders. For greater certainty, the forgoing proviso in favour of the Lenders relates solely to an assignment to the Lenders for purposes of taking security, as opposed to a subsequent assignment by a Lender pursuant to realization on such security. 31. Subsequent Easements (a) The Grantee acknowledges that subsequent to the Commencement Date, the Grantor may enter into easement agreements with third parties in relation to the Easement Lands (each a "Third Party Easement") provided that the Grantee: (i) shall have: (A) exclusive rights in respect of the Easement Lands in relation to the transmission of electricity generated from the Erie Shores Wind Farm up to a maximum of the first one hundred and fifty (150MW) of nameplate capacity generated in respect thereof, and(B) non-exclusive rights in respect of the Easement Lands in relation to the transmission of all other electricity generated from the Erie Shores Wind }/VVYVJS TV1 ?T171 tO 9- Farm and from any offshore wind farm located in the vicinity thereof; and (ii) cooperate with the Grantor and the relevant third party to provide for the co-existence of the Third Party Easement and the rights, privileges, interests and benefits of the Grantee in the Easement Lands (including the easements granted to the Grantee pursuant to this Agreement) in respect of allocating the use of the Works, on a shared cost basis, subject to technical constraints and to the extent required by law, provided that any rights granted or proposed work to be conducted pursuant to such Third Party Easement shall not preclude the construction of the Works or the use and operation of the Easement Lands by the Grantee as contemplated pursuant to this Agreement. 32. Termination by Grantor In the event that the Grantee has not, within twenty-four (24) months of the Commencement Date, either begun construction on the Works or compensated the Grantor pursuant to the provisions of Section 3(b) hereof, the Grantor may, if it so chooses, elect to terminate this Agreement, and all rights, privileges, interests and benefits in the Easement Lands, including the easements created thereby, and its obligations hereunder, upon three (3) month's prior written notice to the Grantee (the "Notice Period"). If during the Notice Period, the Grantee either begins construction to the satisfaction of the Grantor, acting reasonably, or compensates the Grantor pursuant to the provisions of Section 3(b) hereof, the Grantor shall no longer have the right to terminate this Agreement. If the Notice Period expires and the Grantee has not either begun construction, or compensated the Grantor pursuant to the provisions of Section 3(b) hereof, the Grantor may terminate this Agreement by providing written notice to the Grantee that the Agreement is so terminated. Upon the provision of such notice, the Grantee shall, at the sole cost and expense of the Grantee, remove and discharge any instrument or encumbrance registered against title to the Easement Lands and related to its interest in the Easement Lands. IN WITNESS WHEREOF the Grantor has hereunto set his hand and seal (or, if a body corporate,has hereunto caused to be affixed its corporate seal, duly attested to by the hands of its proper officers, duly authorized in that behalf), to this Transfer and Grant of Easement this 28th day of June,2005. THE CORPORA o OF I'M TOWN OF TILLSO _ 11. Name:.-`'wi/7/Jr) %).4?(rte Title: /%I`Ur UWe have the authority to bind the Municipality. Per: �: J Name: , Title: IIWe have the authori to bind the Municipality. THE CORPORATION OF THE MUNICIP ITY OF,BA.YHAM Per: 'L ,i Name: Title: Y I40Ij' Y' I/We have the thority o bind the Municipality. / Per: ► Name: :-i1gi' a - Title: 1, , NIV I/We have thea+thori to bind the Municipality. UUI:SUI 14U'/441\I - 10 - ERIE SHORES WIND FARM GENERAL PARTNER INC., AS TRUSTEE FOR ERIE SHORES WIND FARM GENERAL PARTNER TRUST, AS GENERAL PARTNER OF ERIE SHORES WIND FARM LIMITED PARTNERSHIP/ Per: Name: A. ' �.1 �,� Title: 2.,/ I/We have the a • to bind the Corporation. Per: Name: ?f.; LA. h . tCv�,'►q Title: S ;,g24-1 I/We have the authority to bind the Corporation. NVk-q) 141..1.41 1411L . . - 11 - Schedule"A"to Transfer and Grant of Easement DESCRIPTION OF EASEMENT LANDS Various lands in the Geographic Township of Bayham, Municipality of Bayham, County of Elgin and the Geographic TOwnship of Middleton,Norfolk County more particularly described in the Quit Claim Deed registered on February 6, 1997, in the Land Registry Office for Elgin #11 as Instrument Number 375323 and in the Land Registry Office for Norfolk #37 as Instrument Number 522431 as follows: Effective January 1, 1998, The Corporation of the Village of Port Burwell became The Corporation of the Municipality of Bayham by Order made under the Municipal Act dated May 15, 1997 as amended by Order made under the Municipal Act dated November 27, 1997. SCHEDULE "A" Part of Lots 19 and 20, Concession North Gore, Geographic Township of Bayham, Municipality of Bayham, County of Elgin designated as Parts 1, 2, 3, 4 and 5,on Plan 1 IR-6476. Subject to an easement over, along and upon Part 4, Plan 11R-6476 as set out in Instrument#28525. AS LAST DESCRIBED ON SCHEDULE 'A' OF DEED 375323 SCHEDULE"B" Part of Lot 17, South of Third Street,Part of Lot 15,North of Second Street,Part of Lot 15 and all of Lot 16, South of Second Street, Part of Lot 13 and all of Lot 14,North of First Street, all of Lot 14, South of First Street, all of Lots 14 and 15,North of Talbot Road, Part of First and Second Streets, Registered Plan 205, (Village of Straffordville), Part of Lots 126, 127 & 128, Concession North of Talbot Road,Township of Bayham, County of Elgin, designated as Part 1 on Deposited Plan 1 IR-6477. The lands described above are the lands set out in Schedule"B"to Instrument No. 375323 registered in the Registry Office for the Registry Division of Elgin(No. 11). SCHEDULE"C" Part of Lots 6 and 7, Concession 3 North of Talbot Road, Geographic Township of Middleton,Norfolk County,being all of the lands previously described in Registered Instruments numbered 84766, 86456 (Secondly). Shown as Portions 1 &2 on the Sketch to illustrate Descriptions attached to Schedule"C"of Deed registered as Instrument No. 522431. Portion 1 —Instrument 84766 All and singular that certain parcel or tract of land and premises situate lying and being in the Geographic Township of Middleton,Norfolk County, and Province of Ontario, being all that land marked in pink ink on the plan or sketch annexed to Instrument 84766 which said land is more particularly described as follows, that is to say: Being composed of the North Half of Lot Number Six in the Third Concession,North of the Talbot Road, in the said Township of Middleton, containing by admeasurement Two Acres and Sixty-four One Hundredths of an Acre,more or less,more particularly described as follows, that is to say:- COMMENCING where the located centre line of the said Tillsonburg,Lake Erie and Pacific Railway intersects the line between Lots Six and Seven in the Third Concession North of the Talbot Road of said Township at a point southerly thereon of Four Hundred and Forty-seven(447)feet from the south side of the Road Allowance between the Third Concession and Fourth Concessions North of the Talbot Road of said Township; THENCE running Southerly upon the centre line of said railway on a curve to the right of a radius of Twenty-eight Hundred and Sixty-five (2865)feet at a distance of Thirteen Hundred and One and a Half(1301-1/2)feet; THENCE running on a course about Magnetic South Thirty-four degrees (34)and Fourteen(14)minutes West along the centre line of said Railway at a distance of Four Hundred and Thirty-nine and a half(439-1/2) feet more or less to the East of the Side Road between Lots Five and Six in the third Concession North of the Talbot Road of said Township,having a uniform width of Thirty-three(33) feet on each side of said centre line of Railway throughout measured at right angles therefrom as shown colored in Pink on diagram annexed to Instrument 84766. Portion 2—Instrument 86456 (Secondly) All and Singular that certain parcel or tract of land and premises situate lying and being ♦, yv�.JW a 'VII YYILU • - 12 in the Geographic Township of Middleton,Norfolk County,Province of Ontario,being land marked in pink ink on the plan or sketch annexed to Instrument 86456 which said land is more particularly described as follows: Part of the North Half of Lot Number Seven in the Third Concession North of the Talbot Road in the said Township of Middleton, containing by admeasurement One Acre and Forty-six Hundredths of an Acre to be same more or less particularly described as follows,that is to say: COMMENCING where the located centre line of said Tillsonburg, Lake Erie and Pacific Railway intersects the South side of the Road Allowance between the Third and Fourth Concession north of the Talbot Road of the said Township; THENCE running about Magnetic South Seven Degrees and Eight Minutes West along the said centre line of Railway Seventy-five(75) feet having a uniform width of Thirty- three(33) feet on each side of the centre line of said Railway measured at right angles therefrom, save the road allowance aforesaid; THENCE continuing on the same course on said centre line or Railway a distance of One Hundred feet having a width thereat of Fifty feet on each side of the centre line of said Railway measured at right angles therefrom, thence continuing on same course on said centre line of Railway a distance of One Hundred(100) feet,having a width thereat of Thirty-three(33)feet on each side of the centre line of said Railway measured at right angles therefrom,thence continuing on same course five hundred and seventy-one and a half(571 'A) feet to the point of curve to the right of a radius of Twenty-eight Hundred and Sixty-five(2865) feet; THENCE Southerly along said curve upon the centre line of said Railway Fifty-three and a Half(53 xh)feet more or less to the line between Lots Six and Seven in the Third Concession North of the Talbot Road of said Township at a point Southerly thereon of Four Hundred and Forty-seven(447)feet from the south side of the Road allowance between the Third and Fourth Concessions North of the Talbot Road of said Township having a uniform width of Thirty-three(33) feet on each side of said centre line of Railway throughout from the last named point of similar width measured at right angles therefrom as shown coloured in pink on diagram annexed to Instrument 86456. The lands described above are the lands set out in Schedule "C"to Instrument No. 522431 registered in the Registry Office for the Registry Division of Norfolk(No. 37). SCHEDULE "D" Part of Lots 1, 2, 3,4&5, Concession 3 North of Talbot Road, Geographic Township of Middleton,Norfolk County,being all of the lands previously described in Registered Instruments numbered 84754, 84763, 84757, 84755, 84758, 84764, 84759 and 86457, shown as Portions 1 to 11,both inclusive, on the Sketch to Illustrate Descriptions attached to Schedule"D": of Deed registered as Instrument No. 522431. Portion 1 --Instrument 84754 All and singular that certain parcel or tract of land and premises situate lying and being in the Township of Middleton,Norfolk County,Province of Ontario,being all that land marked in pink ink on the plan or sketch annexed to Instrument 84754 which said land is more particularly described as follows,that is to say: Being composed of that Part of the North Part of the West Half of the North Half of Lot Number One in the Third Concession North of the Talbot Road in the said Geographic Township of Middleton, containing by admeasurement, One Acre and Thirty-Six One Hundredths of an Acre bet the same more or less and being more particularly described as follows,that is to say: COMMENCING where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the line between East and West Halves of the North Half of Lot One in the Third Concession North of the Talbot Road of the said Township; THENCE running about Magnetic South Thirty-four degrees and Fourteen minutes West along the said centre line of Railway at a distance of Seven Hundred and Seventy- seven(777) feet more or less to the Easterly side of the Town line between the Geographic Township of Middleton aforesaid and the Township of Bayham in the County of Elgin at a distance Southerly thereon of Six Hundred and Twenty-One(621) feet from the Road Allowance between Concessions Three and Four North of the Talbot Road in the Geographic Township of Middleton aforesaid,having a uniform width of Thirty-Three(33) feet from the Road Allowance between Concessions Three and Four North of the Talbot Road in the Geographic Township of Middleton aforesaid,having a uniform width of Thirty-three angles therefrom and taking all the land on the Southerly side of said Centre line of Railway lying between the Centre line of Railway as herein . - 13 - described and the boundary line between the properties of said John Kechabaw and Isaac Stilwell on the West half of the North half of Lot One in the Third Concession North of the Talbot Road of said Township, containing in all by admeasurement One acre and Thirty-six One hundredths of an Acre of land more or less as shown colored in pink in diagram annexed to Instrument 84754. Portion 2—Instrument 84763 (Secondly) All and singular that certain parcel or tract of land and premises situate lying and being in the Geographic Township of Middleton,Norfolk County, and Province of Ontario, being land marked in pink ink on the plan or sketch annexed to Instrument 84763 which land is more particularly described as follows, that is to say: Being composed of Part of the West Half of the East Half of the North Half of Lot Number One in the Third Concession North of the Talbot Road,in the Geographic Township of Middleton, in Norfolk County, containing by admeasurement Fifteen Hundredth Acres,more particularly described as follows, that is to say: COMMENCING where the centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the line between the East Half of Half of the East Half and the West Half of the East Half of the North Part of Lot One in the Third Concession North of the Talbot Road of said Township; 'THENCE running about Magnetic South Thirty-four(34)degrees and Fourteen(14) minutes West along said centre line of Railway at a distance of Three Hundred and Ninety-four(394) feet more or less to the line between the East and West Halves of the North Part of said Lot One in the Third Concession North of the Talbot Road of said Township,having a uniform width of Thirty-three(33) feet on each side of the said centre line of Railway measured at right angles, therefrom, as shown colored in pink on diagram annexed to Instrument 84763. Portion 3 —Instrument 84754 (Secondly) All and singular that certain parcel or tract of land and premises situate lying and being in the Geographic Township of Middleton,Norfolk County, and Province of Ontario, being land marked in pink ink on the plan or sketch annexed to Instrument 84757 which land is more particularly described as follows,that is to say: Being composed of the East Half of the East Half of the North Half of Lot Number One in the Third Concession North of the Talbot Road in the said Geographic Township of Middleton and containing by admeasurement Fifty-eight One Hundredths acres more or less, that is to say: COMMENCING where the located line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the line between the North Parts of Lots One and Two in the Third Concession North of the Talbot Road of the said Township; THENCE running about Magnetic South Thirty-four Degrees and Fourteen Minutes West along the said centre line of Railway at a distance of Three Hundred and Eighty- one(381)feet more or less to the line between the East Half of the East Half of the North Part of Lot One in the Third Concession North of the Talbot Road of said Township having a uniform width of Thirty-three(33) feet on each side of the said centre line of Railway measured at right angles therefrom as shown colored in pink on diagram annexed to Instrument 84757. Portion 4—Instrument 84763 (Firstly) All and singular that certain parcel or tract of land and premises situate lying and being in the Geographic Township of Middleton,in Norfolk County, and Province of Ontario, being all that land marked in pink ink on the plan or sketch annexed to Instrument 84763 which said land is more particularly described as follows,that is to say: Being composed of Part of the West half o the North half of Lot number Two in the Third Concession North of the Talbot Road in the Geographic Township of Middleton, Norfolk County, containing by admeasurement One and Sixteen hundredths acres more particularly described as follows,that is to say: COMMENCING where the located centre line of the said Tillsonburg,Lake Erie and Pacific Railway intersects the line between the East and West Halves of the North Part of Lot Two in the Third Concession North of the Talbot Road of the said Township; 1'H LNCE running about Magnetic South Thirty-four(34) Degrees and Fourteen(14) Minutes West along the said centre line of Railway at a distance of Seven Hundred and Sixty-four(764) feet more or less to the line between the North Halves of Lots One and Two in the Third Concession North of the Talbot Road of said Township,having a uniform width of Thirty-three(33)feet on each side of the said centre line or Railway measured at right angles therefrom as shown colored in pink on diagram annexed to Instrument 84763. L fld11..7V fTTL t1 1716 • - 14- Portion 5—Instrument 84757 (Firstly) All and singular that certain parcel or tract of land and premises situate lying and being in the Geographic Township of Middleton,in Norfolk County, and Province of Ontario, being all that land marked in pink ink on the plan or sketch annexed to Instrument 84757 which said land is more particularly described as follows,that is to say: Being composed of the West Half of the North Half of Lot Number Two in the Third Concession North of the Talbot Road in the said Geographic Township of Middleton, containing by admeasurement One Acre and Seventeen Hundredths of an Acre,more or less,more particularly described as follows, that is to say: COMMENCING where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects in the line between the North Parts of Lots Two and Three in the Third Concession North of the Talbot Road of the said Township; THENCE running about Magnetic South Thirty-four(34)Degrees and Fourteen(14) Minutes West along the said centre line of Railway at a distance of Seven Hundred and Seventy-four(774)feet,more or less, to the Iine between the East and West Halves of the North Part of said Lot Two in the Third Concession North of the Talbot Road of said Township,having a uniform width of Thirty-three(33) feet on each side of the said centre line of Railway measured at right angles therefrom shown colored in pink on diagram annexed to Instrument 84757. Portion 6—Instrument 84755 All and Singular that certain parcel or tract of land and premises situate lying and being in the Geographic Township of Middleton, in Norfolk County, and Province of Ontario, being all that land marked in pink ink on the plan or sketch annexed to Instrument 84755 which said land is more particularly described as follows,that is to say: Being composed of a Part of the West Half of the North Half of Lot Number Three in the Third Concession North of the Talbot Road in the said Geographic Township of Middleton, containing by admeasurement Eighty-six Hundredths of an Acre,more or less,more particularly described as follows, that is to say: COMMENCING where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the boundary line between the properties of John Cowan and the said James L. Cowan on the West Part of the North Half of Lot Three in the Third Concession North of the Talbot Road of said Township: THENCE running about Magnetic South Thirty-four(34) Degrees and Fourteen(14) Minutes West along the said centre line or Railway at a distance of Five Hundred and Sixty-Seven and a Half(567-1/2) feet, more or less, to the line between the North Halves of Lots Two and Three in the Third Concession North of the Talbot Road of said Township,having a uniform width of Thirty-three(33) feet on each side of the said centre Iine of Railway measured at right angles therefrom as shown colored in pink on diagram annexed to Instrument 84755. Portion 7—Instrument 84758 All and Singular that certain parcel or tract of land and premises situate, lying and being in the Geographic Township of Middleton, in Norfolk County and Province of Ontario, being all that land marked in pink ink on the plan or sketch annexed to Instrument 84758 which said land is more particularly described as follows,that is to say: Being composed of Parts of the East and West Halves of the North Half of Lot Number Three in the Third Concession North of the Talbot Road in the said Geographic Township of Middleton containing by admeasurement Eighty-six One Hundredths of an Acre more or less particularly described as follows, that is to say: COMMENCING where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the boundary line between the properties of James Cowan and the said John Cowan on the East Part of the North Half of said Lot Number Three in the Third Concession North of the Talbot Road in the said Township; THENCE running about Magnetic South Thirty-four(34)Degrees and Fourteen(14) Minutes West along the said centre line of Railway a distance of Five hundred and Seventy-Seven and a half(577 '/2) feet,more or less,to the boundary line between the properties of the said John Cowan and One James L. Cowan over the West Part of the North Half of said Lot Number Three in the Third Concession North of the Talbot Road in the said Township having a uniform width of Thirty-three(33)feet on each side of the said centre line of Railway measured at right angles therefrom as shown colored in pink ink on diagram annexed to Instrument 84758,the same having been selected by the said parties of the Third Part for the purposes of their Railway. Portion 8—Instrument 84764(Secondly) All and singular that certain parcel or tract of land and premises situate lying and being LAJLO1J11i%1!94111 / 4Q • - 15 - in the Geographic Township of Middleton,in Norfolk County, and Province of Ontario, being land marked in pink ink on the plan'or sketch annexed to Instrument 84764 which said land is more particularly described as follows,that is to say: Being composed of a Part of the East Part of the North Half of Lot Number Three in the Third Concession North of the Talbot Road in the said Geographic Township of Middleton, containing by admeasurement Fifty-nine Hundredths of an Acre, more or less,more particularly described as follows,that is to say: COMMENCING where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the-line between the North Parts of Lots Three and Four in the Third Concession North of the Talbot Road of the said Township; THENCE running about Magnetic South Thirty-four(34)Degrees and Fourteen(14) minutes West along the said centre line of Railway at a distance of Three Hundred and Eighty-eight(388)feet, more or less,to the boundary line between the properties of the said James Cowan and John Cowan on the East Part of the North Half of said Lot Three in the Third Concession North of the Talbot Road of said Township,having a uniform width of Thirty-three (33) feet on each side of the said centre line of Railway measured at right angles therefrom as shown colored pink on diagram annexed to Instrument 84764. Portion 9—Instrument 84764(Firstly) All and singular that certain parcel or tract of land premises situate lying and being in the Geographic Township of Middleton, in Norfolk County, and Province of Ontario,being land marked in pink ink on the plan or sketch annexed to Instrument 84764 which said land is more particularly described as follows,that is to say: Part of the West Half of the North Half of Lot Number Four in the Third Concession North of the Talbot Road in the said Geographic Township of Middleton, containing by admeasurement One Acre and Fourteen Hundredths of an Acre,more particularly described as follows,that is to say: Part of the West Half of the North Half of Lot Number Four in the Third Concession North of the Talbot Road in the said Geographic Township of Middleton, containing by admeasurement One Acre and Fourteen Hundredths of an Acre,more particularly described as follows,that is to say: COMMENCING where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the line between the East and West Halves of the North Half of Lot Four in the Third Concession North of the Talbot Road of said Township: THENCE running about Magnetic South Thirty-four(34) Degrees and Fourteen(14) Minutes West along the said centre line of Railway at a distance of Seven Hundred and Fifty-one(751)feet more or less to the line between the North Halves of Lots Three and Four in the Third Concession North of the Talbot Road of said Township, having a uniform width of Thirty-three (33) feet on each side of said Centre line of Railway measured at right angles therefrom as shown colored in pink on diagram annexed to Instrument 84764. Portion 10—Instrument 84759 All and Singular that certain parcel or tract of land and premises situate, lying and being in the Geographic Township of Middleton,in Norfolk County, and the Province of Ontario,being all that land marked in pink ink on the Plan or sketch annexed to Instrument 84759,which said land is more particularly described as follows,that is to say: Being Part of the East Half of the North Half of Lot Number Four in the Third Concession North of the Talbot Road in the said Geographic Township of Middleton, containing by admeasurement One and Fifteen Hundredths Acres more or less,more particularly described as follows: COMMENCING where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the line between Lots Four and Five in the Third Concession North of the Talbot Road of said Township: THENCE running about Magnetic South Thirty-four(34)Degrees and Fourteen(14) Minutes West along the said Centre line of a Railway a distance of Seven Hundred and Sixty-three(763)feet more or less to the line between the East and West Halves of said Part of Lot Four in the Third Concession North of the Talbot Road of said Township having a uniform width of Thirty-three (33) feet on each side of the said centre line of Railway measured at right angles therefrom as shown colored in pink on diagram annexed to Instrument 84759, the said land having been selected by the said Company for the purposes of the said Railway. Portion 11 —Instrument 86457 'f7 - 16- All and singular that certain parcel or tract of land and premises situate,lying and being in the Geographic Township of Middleton, in Norfolk County, and in the Province of Ontario,being all that land marked in pink ink on the Plan or Sketch annexed to Instrument 86457, which said land is more particularly described as follows,that is to say: Being a Part of the North Half of Lot Number Five in the Third Concession North of the Talbot Road in the said Geographic Township of Middleton, in Norfolk County, containing by admeasurement,Two and Thirty-three One Hundredths Acres,more particularly described as follows,that is to say: COMMENCING where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the Westerly side of the Side Road between Lots Five and Six in the Third Concession North of Talbot Road of said Township at a point Southerly thereon of Seven Hundred and Six (706)feet from the Road Allowance between the Third and Fourth Concessions North of Talbot Road of said Township; THENCE running about Magnetic South Thirty-four(34) degrees and Fourteen (14) Minutes West along the said centre line of Railway at a distance of Fifteen Hundred and Thirty-seven(1537)feet more or less to the line between Lots Four and Five in the Third Concession North of Talbot Road of said Township having a uniform width of Thirty- three(33) feet on each side of said centre line of Railway measured at right angles therefrom as shown colored in pink on diagram annexed to Instrument 86457,the said land having been selected by the said Railway Company for the purposes of said Railway. The lands described above are the lands set out in Schedule"D"to Instrument No. 522431 registered in the Registry Office for the Registry Division of Norfolk (No. 37). SCHEDULE "E" Part of Lots 23, 24, 25 &26, Concession 9, Township of Bayham, County of Elgin, being all of the lands previously described in Registered Instruments numbered 11777, 11759, 11931, 11770, 11776, 11722 and 11887, shown as Portions 1 to 8,both inclusive, on the Sketch to Illustrate Descriptions attached to Schedule"E": of Deed registered as Instrument No. 375323. Portion 1 —Instrument 11777 (Firstly) All and singular that certain parcel or tract of land and premises situate lying and being in the Township of Bayham, in the County of Elgin, and Province of Ontario,being all that land marked in pink ink on the plan or sketch annexed to Instrument 11777 which said land is more particularly described as follows,that is to say: Being composed of the South East Part of Lot Number Twenty-three in the Ninth Concession of said Township of Bayham, in the County of Elgin, and Province of Ontario containing by admeasurement Forty-five One Hundredths of an Acre,more or less,more particularly described as follows, that is to say: COMMENCING where the located centre line of the said Tillsonburg,Lake Erie and Pacific Railway intersects the line between Lots Twenty-three and Twenty-four in the Ninth Concession of the said Township of Bayham; THENCE running about Magnetic South Forty-eight(48)degrees and Twenty-nine(29) Minutes West, along the said centre line of Railway at a distance of Two Hundred and Ninety-four(294) feet more or less,to the North side of the Road Allowance between Concessions Eight and Nine in the said Township of Bayham, at a point Easterly thereon of Ten Hundred and Seventy-seven and a half(1077 V2)feet from the Easterly side of the Port Burwell Gravel Road,having a uniform width of Thirty-three(33) feet on each side of the said centre line of Railway measured at right angles therefrom as shown colored on pink on diagram annexed to Instrument 11777. All and singular that certain parcel or tract of land and premises situate lying and being in the Township of Bayham,in the County of Elgin, and Province of Ontario,being all the land marked in pink ink on the plan or sketch annexed to Instrument 11759 which said land is more particularly described as follows, that is to say: Being composed of a Part of the West Half of Lot Number Twenty-four in the Ninth Concession of the said Township of Bayham,in the County of Elgin and Province of Ontario, containing by admeasurement One Acre and Sixty-eight One Hundredths of an Acre more or less,more particularly described as follows,that is to say: COMMENCING where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the line between the East and West Halves of Lot Number Twenty-four in the Ninth Concession of the said Township of Bayham; THENCE running about Magnetic South Thirty-four(34)Degrees and Fourteen(14) 1."vl,avii. rv �-exe •Lfir - 17 - Minutes West along the said Centre line of Railway at a distance of Ninety-eight(98) feet; THENCE continuing Southerly along the said centre line of Railway on a curve of a radius of Thirty-eight Hundred and Nineteen and a Half(3819-1/2) feet at a distance of Nine Hundred and Fifty(950) feet; THENCE running about Magnetic South Forty-eight(48) Degrees and Twenty-Nine (29)Minutes West along the said centre line of Railway at a distance of Fifty-six (56) feet more or less to the line between Lots Twenty-three and Twenty-four in the Ninth Concession of said Township of Bayham, having a uniform width of Thirty-three(33) feet on each side of said centre line of Railway measured at right angles therefrom as shown colored pink on diagram annexed to Instrument 11759. The same having been selected by the said parties of the third Part for the purposes of their Railway. Portion 3 —Instrument 11931 All and singular that certain parcel or tract of land and premises situate, lying and being in the Township of Bayham,in the County of Elgin, and Province of Ontario,being all that land marked in pink ink on the plan or sketch annexed to Instrument 11931 which said land is more particularly described as follows,that is to say: Being a Part of the East Half of Lot Number Twenty-four in the Ninth Concession of the said Township of Bayham,in the County of Elgin containing by admeasurement Two Acres more or less,more particularly described as follows,that is to say: COMMENCING where the located centre Iine of the said Tillsonburg, Lake Erie& Pacific Railway intersects the line between Lots Number Twenty-four and Twenty-five in the Ninth Concession of the said Township of Bayham; THENCE running about Magnetic South Thirty-four(34)degrees and Fourteen(14) Minutes West along the said centre line of Railway, a distance of Thirteen Hundred and Eighteen(1318)feet, more or less,to the line between the East and West Halves of Lot number Twenty-four in the Ninth Concession of said Township of Bayham having a uniform width of Thirty-three(33) feet on each side of said centre line of Railway measured at right angles therefrom as shown colored pink on diagram annexed to Instrument 11931, the said land having been selected by the said Railway Company for the purposes of said Railway. Portion 4—Instrument 11770(Secondly) All and singular that certain parcel or tract of land and premises situate, lying and being in the Township of Bayham,in the County of Elgin, and Province of Ontario,being land marked in pink ink on the plan or sketch annexed to Instrument 11770 which said land is more particularly described as follows,that is to say: Being composed of a Part of the North Half of the South Half of Lot Number Twenty- five in the Ninth Concession of the said Township of Bayham containing by admeasurement One Acre and Forty-six One Hundredths of an Acre more or less,more particularly described as follows,that is to say: COMMENCING where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the line between the North and South Halves of Lot Number Twenty-five in the Ninth Concession of the said Township at a point Westerly along said line Two Hundred(200) feet from the line between the East and West Halves of said Lot Number Twenty-five; THENCE running about Magnetic South Thirty-four(34)Degrees and Fourteen(14) minutes along the said centre line of Railway at a distance of Nine Hundred and Sixty (960) feet more or less to the line between Lots Twenty-four and Twenty-five in the Ninth Concession of the said Township,having a uniform width of Thirty-three(33) feet on each side of said centre line of Railway measured at right angles therefrom as shown colored pink on diagram annexed to Instrument 11770. Portion 5—Instrument 11776 All and singular that certain parcel or tract of land and premises situate, lying and being in the Township of Bayham,in the County of Elgin, and Province of Ontario,being all that land marked in pink ink on the plan or sketch annexed to Instrument 11776 which said land is more particularly described as follows,that is to say: Being a Part of the South West Quarter of the North Half of Lot Number Twenty-five in the Ninth Concession of the said Township of Bayham and containing by admeasurement Fifty-nine Hundredths of an Acre be the same more or less more particularly described as follows,that is to say: COMMENCING where the located centre line of the said Tillsonburg, Lake Erie and 1/7 • - 18 - Pacific Railway interests the line between the East and West Halves of Lot Number Twenty-five in the Ninth Concession of said Township at a point northerly along said line of Three Hundred and Sixty-seven feet from the line between the North and South Halves of said Lot number Twenty-five; THENCE running about Magnetic South Thirty-four(34)Degrees and fourteen (14) Minutes West along the said centre line of Railway a distance of Three Hundred and Ninety feet more or less to the said line between the North and South halves of said Lot number Twenty-five; THENCE running about Magnetic South Thirty-four(34) Degrees and Fourteen(14) Minutes West along the said centre line of Railway a distance of Three Hundred and Ninety feet more or less to the said line between the North and South Halves of said Lot Number Twenty-five in the Ninth Concession of said township of Bayham having a uniform width of Thirty-three feet on each side of said centre line of Railway measured at right angles therefrom as shown colored pink on diagram annexed to Instrument 11776,the said land having been selected by the said Company for the purposes of the said Railway. Portion.6—Instrument 11772 All and Singular that certain parcel or tract of land and premises situate,lying and being in the Township of Bayham, in the County of Elgin and the Province of Ontario, being all that land marked in red ink on the Plan or Sketch annexed to Instrument 11772,which said land is more particularly described as follows,that is to say: Being a Part of the North East Half of Lot Number Twenty-Five in the Ninth Concession of the Township of Bayham aforesaid, containing by admeasurement Two Acres more or less more particularly described as follows, that is to say: COMMENCING where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the West side of the Side Road between Lots Twenty-five and Twenty-six in the Ninth concession of the Township of Bayham aforesaid in the County of Elgin aforesaid at a distance Southerly along the Westerly limit of said Side Road of Six Hundred and Eighty-Seven(687) feet from the Westerly side of the Town Line between the Geographic Township of Middleton in Norfolk County and the Township of Bayham aforesaid in the County of Elgin aforesaid; THENCE running about Magnetic South Thirty-four(34)Degrees and Fourteen(14) Minutes West along the said centre line of Railway a distance of Thirteen hundred and Eighteen(1318) feet more or less,to the line between the East and West Halves of Lot number Twenty-five in the Ninth Concession of the Township of Bayham aforesaid, having a uniform width of Thirty-three(33) feet on each side of said Centre Line of Railway measured at right angles therefrom as shown colored pink on diagram annexed to Instrument 11772,the said land having been selected by the said Company for the purposes of the said Railway. Portion 7—Instrument 11770 (Firstly) All and singular that certain parcel or tract of land and premises situate,lying and being in the Township of Bayham, in the County of Elgin, and Province of Ontario,being land marked in pink ink on the plan or sketch annexed to Instrument 11770 which said land is more particularly described as follows,that is to say: Being composed of Part of the North Part of Lot Number Twenty-six in the Ninth Concession of the Township of Bayham in the County of Elgin containing by admeasurement Three One Hundredths of an Acre more or less,more particularly described as follows, that is to say: COMMENCING where the located centre line of the said Tillsonburg, Lake Erie & Pacific Railway intersects a triangular piece of land bounded on the North by the boundary line between the properties of the said Ebenezer Buchner and the Middleton and Bayham Cheese Company on said Part of the said Lot in said Township and bounded on the West by the East side of the Side Road between the Lots Twenty-Five and Twenty-Six in said Concession and Township and bounded South Easterly by a line parallel to and at a distance of Twenty-three(23) feet South Easterly from the located centre line of said Railway measured at right angles therefrom,which said centre line of Railway running on a course about Magnetic Sough Thirty-four(34)Degrees and Fourteen (14)Minutes West intersects the boundary line between the properties of the parties aforesaid at a point of intersection of the boundary line between the properties of the parties aforesaid with a side road between the Lots Twenty-five and Twenty-six in said Concession and Township. Portion 8—Instrument 11887 All and Singular that certain parcel or tract of land and premises situate,lying and being LV VJV I•.9V 14,L ll • 19 - in the Township of Bayham,in the County of Elgin, and Province of Ontario,being all the land marked in pink ink on the plan or sketch annexed to Instrument 11887 which said land is more particularly described as follows, that is to say: Being composed of a Part of the North Part of Lot Number Twenty-six in the Ninth Concession of the Township of Bayham aforesaid, containing by admeasurement Thirty- seven One Hundredths of an Acre to be the same more or less, more particularly described as follows, that is to say: COMMENCING where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the Westerly side of the Town Line between the Township of Bayham aforesaid and the Geographic Township of Middleton in Norfolk County; THENCE running about Magnetic South Thirty-four(34) degrees and Fourteen(14) Minutes West along the said Centre Line of Railway distance of Two hundred and Sixty- three feet more or less to the West side of the Side Road between Lots numbers Twenty- five and Twenty-six in the Ninth Concession of the Township of Bayham aforesaid, having a uniform width of Thirty-three feet on each side of said Centre line or Railway measured at right angles therefrom as shown colored in pink on diagram annexed to Instrument 11887. The lands described above are the lands set out in Schedule"E: to Instrument No. 375323 registered in the Registry Office for the Registry Division of Elgin(No. 11). SCHEDULE "F" Part of Unnumbered Canadian Pacific Railway Block, Registered Plan 258,Part of Lots 20, 21,22 and 23, Concession 8, Township of Bayham, County of Elgin,being all of the Iands previously described in Registered Instruments numbered 11767, 11773, 11766, 12187, 11764 and 11777. Shown as Portions 1 to 9,both inclusive, on the Sketch to Illustrate Descriptions attached to Schedule"F"of Deed registered as Instrument No. 375323. Portion 1 —Instrument 11767(Secondly) All and singular that certain parcel or tract of land and premises situate, lying and being in the Township of Bayham, in the County of Elgin, and the Province of Ontario,being land marked in pink ink on the plan or sketch annexed to Instrument 11767 which said land is more particularly described as follows, that is to say: Being composed of Part of the West half of Lot Number Twenty in the Eighth Concession of the said Township of Bayham containing by admeasurement Sixty-three One Hundredths of an Acre more or less,more particularly described as follows,that is to say: COMMENCING where the located entire centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the line between the East and West Halves of Lot Twenty in the Eighth concession of the said Township;, THENCE running on a course about Magnetic South Thirty-three(33)Degrees and Thirty-two (32)Minutes West along the centre line of said Railway at a distance of Four Hundred and Fourteen and a half(4141h) feet more or less to the North side of the Road Allowance between Concession Eight and the North Gore of said Township at a point at a distance of Two Hundred and Six(206) feet Westerly on said side of said Road Allowance from the line between the East and West halves of Lot Twenty in said Concession and Township,having a uniform width of Thirty-three(33) feet on each side of the centre line of said Railway measured at right angles therefrom as shown colored in pink on colored diagram annexed to Instrument 11767. The same having been selected by the said parties of the second Part for the purposes of their Railway. Portion 2—Instrument 11773 All and singular that certain parcel or tract of land and premises situate,lying and being in the Township of Bayham,in the County of Elgin and Province of Ontario,being all that land marked in pink ink on the plan or sketch annexed to Instrument 11773,which said land is more particularly described as follows,that is to say: Being composed of a Part of the East One Half of Lot Number Twenty in the Eighth Concession of the said Township of Bayham,in the County of Elgin containing by admeasurement Two and Ten Hundredths Acres more or less and being more particularly described as follows,that is to say: COMMENCING where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the West side of the Side Road between Lots Twenty and Twenty-one in the Eighth Concession of the said Township; THENCE running on a course about Magnetic South Thirty-three(33)Degrees and £A,l.J J1 1.`YV 14'7111 1 • -20 Thirty-two (32)Minutes West along the centre line of said Railway Thirteen Hundred and Eighty-four(1384) feet more or less to the line between the East and West halves of Lot Twenty in the Eighth Concession of said Township having a uniform width of Thirty-three feet on each side of the Centre line of said Railway measured at right angles therefrom as shown colored pink on diagram annexed to Instrument 11773. The same having been selected by the said parties of the second Part of the purposes of their Railway. Portion 3—Instrument 11767(Firstly) All and singular that certain parcel or tract of land and premises situate, lying and being in the Township of Bayham, in the County of Elgin and the Province of Ontario,being all that land marked in pink ink on the plan or sketch annexed to Instrument 11767 which said land is more particularly described as follows, that is to say: Being composed of a Part of Lot Number Twenty-one in the Eighth Concession of the said Township of Bayham, containing by admeasurement One Acre and Seventy-four One hundredths of an Acre more or Iess,more particularly described as follows,that is to say: COMMENCING where the located entire centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the boundary line between the lands belonging to Martin Howey and Charles W. Howey on Part of Lot Twenty-one in the Eighth Concession of the Township aforesaid; THENCE running Southwesterly along the centre line of said Railway on curve to the Ieft of a radius of Twenty-eight hundred and Sixty-five(2865)feet at a distance of One Hundred and Eleven(111) feet; THENCE running Southwesterly along the centre line of said Railway on curve to the left of a radius of Twenty-eight hundred and Sixty-five(2865)feet at a distance of One hundred and Eleven(111) feet; THENCE running on a course about Magnetic South Thirty-three(33)degrees and Thirty-two (32)minutes West along the centre line of said Railway at a distance of Ten Hundred and Thirty-eight(1038) feet more or less to the East side of the side Road between Lots Twenty and Twenty-one in said Concession and Township,having a uniform width of Thirty-three(33) feet on the Westerly side of the centre line of said Railway throughout, measured at right angles therefrom and taking all the land on the Easterly side of the centre line of said Railway lying between the centre line of said Railway and the Westerly side of the Ingersoll and Port Burwell Road throughout as shown colored in pink on diagram annexed to Instrument 11767. Portion 4—Instrument 11766 (Firstly) All and singular that certain parcel or tract of land and premises situate, lying and being in the Township of Bayham,in the County of Elgin and the Province of Ontario,being all that land marked in pink ink on the plan or sketch annexed to Instrument 11766 which said land is more particularly described as follows,that is to say: Being composed of Part of Lot Number Twenty One in the Eighth Concession of the said Township of Bayham, containing by admeasurement Thirty-One One hundredths of an Acre more or less,more particularly described as follows,that is to say: COMMENCING where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the Westerly side of the Ingersoll and Port Burwell Road on Lot Twenty-one in said Township; THENCE running Southwesterly along the center line of said Railway on a curve to the left of a radius of Twenty-eight hundred and Sixty-five(2865) feet at a distance of Three Hundred and Eighty-seven(387) feet more or less to the boundary line between the lands of Martin Howey and Charles W. Howey in the said Lot and Township,having a uniform width of Thirty-three(33)feet on the Westerly side of the centre line of said Railway measured at right angles therefrom an taking all the land on the Easterly side of the centre line of said Railway lying between the centre line of said Railway and the Westerly side of the said Ingersoll and Port Burwell Road in said Lot and Township as shown colored in pink on diagram annexed to Instrument 11766. Portion 5—Instrument 12187 (Firstly—Parcel Two) All and singular that certain parcel or tract of land and premises situate,lying and being in the Township of Bayham, in the County of Elgin, and Province of Ontario,being land marked in pink ink on the plan or sketch annexed to Instrument 12187 which said land is more particularly described as follows,that is to say: Consisting of a piece of land containing by admeasurement Two One hundredths of an Acre more or less being composed of a part of Lot Twenty-one in the Eighth Concession of said Township of Bayham bounded on the East by the Ingersoll and Port Burwell F LU 'J11r9tl!44111 , -21 542' Road on said Lot and bounded on the South by the boundary line between the property of Abram N. Gray,William A. Eakins and the South Western Farmers &Mechanics Loan and Savings Society and Martin Howey on said Lot Twenty-one and bounded North Westerly by a line parallel to and Thirty-Three feet from the located centre line of said Railway measured at right angles therefrom being shown colored in pink on diagram annexed to Instrument 12187. Portion 6—Instrument 12187(Firstly—Parcel One) All and singular that certain parcel or tract of land and premises situate,lying and being in the Township of Bayham, in the County of Elgin, and Province of Ontario,being land marked in pink ink on the plan or sketch annexed to Instrument 12187 which said land is more particularly described as follows,that is to say: Being composed of a part of Lot Number Twenty-one in the Eighth Concession of the Township of Bayham,in the County of Elgin, containing by admeasurement Eighty-five one-hundredths of an Acre,more or less, and being more particularly described as follows,that is to say: COMMENCING where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the line between lots Twenty-one and Twenty-two in the Eighth Concession of the said Township of Bayham; THENCE running about Magnetic South forty-eight degrees and Twenty-nine minutes West, along the centre line of said Railway at a distance of Five Hundred and Twenty- eight and a half(528 1/2) feet to point of curve to left of a radius of Twenty-eight hundred and sixty-five (2865) feet; THENCE South Westerly along said curve upon the centre line of said Railway at a distance of Seventeen and a half(17 1/2) feet more or less to the Easterly side of the Ingersoll and Port Burwell Road on said Lot,having a uniform width of Thirty-three feet on each side of the centre line of said Railway measured at right angles therefrom and containing by admeasurement Eighty-three hundredths of an Acre of land more or less being shown colored in pink on diagram annexed to Instrument 12187. Portion 7—Instrument 12187 (Secondly) All and singular that certain parcel or tract of land and premises situate, lying and being in the Township of Bayham, in the County of Elgin, and Province of Ontario,being land marked in pink ink on the plan or sketch annexed to Instrument 12187 which said land is more particularly described as follows,that is to say: Being composed of a part of Lot Twenty-two in the Eighth Concession of the said Township of Bayham, containing by admeasurement Two and Eighty-five One hundredths of an Acre being more particularly described as follows,that is to say: COMMENCING where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the line between Lots Twenty-two and Twenty-Three in the Eighth Concession of the said Township of Bayham; THENCE running about Magnetic South Forty-eight(48)degrees and Twenty-nine(29) minutes West along said Centre line of Railway at a distance of Eighteen Hundred and Seventy-six(1876) feet more or less to the line between Lots Twenty-One and Twenty- two in the Eight concession of said Township of Bayham, having a uniform width of thirty-three (33) feet on each side of said centre line of Railway measured at right angles therefrom as shown colored pink on diagram annexed to Instrument 12187. Portion 8--Instrument 11764 All and singular that certain parcel or tract of land and premises situate, lying and being in the Township of Bayham,in the County of Elgin, and Province of Ontario,being all that land marked in pink ink on the plan or sketch annexed to Instrument 11764 which said land is more particularly described as follows,that is to say: Being a part of Lot number Twenty-three in the Eighth Concession of the said Township of Bayham, containing by admeasurement Two Acres and Thirty-Seven One hundredths of an Acre more or less,being more particularly described as follows,that is to say: COMMENCING where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the line between the properties of Ira Stilwell and Archibald Lammond on Lot Twenty-three in the Eighth Concession of the Township of Bayham at a point Southerly thereon of One hundred and Sixty-eight and a half(168 1.2) feet from the Southerly limit of the Road Allowance between Concessions Eight and Nine in said Township of Bayham; THENCE running about Magnetic South Forty-eight(48) degrees and Twenty-nine(29) minutes West along said centre line of Railway at a distance of Three hundred and Eighty-nine(389) feet having a uniform width of Thirty-three(33) feet on the East side and Seventy-five(75) feet on the West side of the centre line of said Railway measured * LAA,bU11S4U/441\1 52 . - -22 - at right angles therefrom; THENCE continuing Southerly along the same course along the centre line of said Railway at a distance of Two hundred(200)feet,having a uniform width of Thirty-three (33) feet on the East side and converging to a width of Thirty-three(33) feet on the West side of the centre line of said Railway at said point,both measured at right angles therefrom; THENCE continuing Southerly along same course along the centre line of said Railway at a distance of Six hundred and Sixteen(616) feet more or less to the line between Lots Twenty-two and Twenty-three in the Eighth Concession of the Township of Bayham aforesaid,having a uniform width of Thirty-three(33) feet on each side of the centre line of said Railway throughout last named distance measured at right angles therefrom, all as shown colored pink on diagram annexed to Instrument 11764. 'r LV\.JVl It TV 7'.'►l11 / -23 - S-1 Schedule"B"to Transfer and Grant of Easement ENCUMBRANCES ON LANDS SCHEDULE"A" 1) Instrument No. 378035 being a Transfer of Easement and Right-of-way registered as on May 29, 1997 for the benefit of the Property in favour of the Corporation of the Village of Port Burwell and The Corporation of the Town of Tillsonburg. 2) Instrument No. 382665 being an Option Agreement to Grant Easement and Right of Way registered on December 18, 1997 in favour of Pembina Exploration Limited irrevocable for five (5) years with a right of extending the option for an additional five (5) year term. Note: Talisman Energy Inc., Pembina Exploration Limited and Pembina Energy Inc. amalgamated under the name of Talisman Energy Inc. (see recital in Instrument No. 424201 contained in Schedule "L" lands). Instrument No. 424214 is a Release of this Option Agreement registered on March 20, 2003, however the release does not contain a full description of the property nor does it make reference to one of the joint owners of the property. 3) Instrument No. 28525 is an Easement registered on February 4, 1950 over Part 4 in favour of The Hydro-Electric Power Commission of Ontario. 4) Instrument No.445448 being a Notice of Option for Easement registered April 19 2005 (Elgin)in favour of Aim PowerGen Corporation. SCHEDULE"B" 1) Instrument No.378035 (See Schedule "A"above). 2) Instrument No.382665 (See Schedule"A"above). 3) Instrument No.445448 (See Schedule"A" above). SCHEDULE"C" 1) Instrument Number 529327 being an Option Agreement to grant easement and right of way registered on December 18, 1997 in favour of Pembina Exploration Limited, irrevocable for five (5) years with a right of extending the option for an additional five (5) year term. (Note: name change of Pembina Exploration Limited, see Schedule "A" above). Instrument No. 569499 is a Release of this Option Agreement registered on April 16, 2003, however the release does not make reference to one of the joint owners of the property. 2) Instrument No. 588839 being a Notice of Option for Easement registered April 13,2005 in Norfolk in favour of Aim PowerGen Corporation. SCHEDULE "D" 1) Instrument No. 529327 (See Schedule"C"above). 2) Instrument No. 588839 being a Notice of Option for Easement (See Schedule "C" above). SCHEDULE "E" 1) Instrument No.378035 (See Schedule"A"above). 2) Instrument No.382665 (See Schedule"A"above). 3) Instrument No.445448 (See Schedule"A" above). SCHEDULE"F" 1) Instrument No.378035 (See Schedule"A" above). t ..rvt.uv a V.wemra14 55. • 24- 2) Instrument No.382665 (See Schedule"A"above). 3) Instrument No. 445448(See Schedule"A"above). SCHEDULE "G" 1) Instrument No.378035 (See Schedule"A"above). 2) Instrument No.382665 (See Schedule"A"above). 3) Instrument No.445448 (See Schedule"A" above). SCHEDULE "H" 1) Instrument No.378035 (See Schedule"A" above). 2) Instrument No.382665 (See Schedule"A"above). 3) Instrument No.445448 (See Schedule"A" above). SCHEDULE "I" 1) Instrument No.378035 (See Schedule"A"above). 2) Instrument No. 382665(See Schedule"A"above). 3) Instrument No.445448 (See Schedule"A" above). SCHEDULE"J" 1) Instrument No.378035 (See Schedule"A" above). 2) Instrument No.382665 (See Schedule"A" above). 3) Instrument No.445448 (See Schedule"A"above). SCHEDULE"K" 1) Instrument No. 378035 (See Schedule"A"above). 2) Instrument No. 382665 (See Schedule"A"above). 3) Instrument No. 445448 (See Schedule"A" above). SCHEDULE"L" 1) Instrument No.378035 (See Schedule"A"above): 2) Instrument No. 382664 being an Option Agreement to grant easement and right of way registered on December 18, 1997 in favour of Pembina Exploration Limited. Instrument No. 424201. being a Release of this Option Agreement registered on March 20, 2003, however the release does not contain a full description of the property. 3) Instrument Nos. 433896, 433897 and 433898 being Mutual Agreement Drains registered on March 25, 2004. 4) Instrument No.445448(See Schedule"A"above). SCHEDULE "M" 1) Instrument No.378035 (See Schedule"A" above). 2) Instrument No.382664(See Schedule"L" above). 3) Instrument No.445448 (See Schedule"A" above). LVI...11Ji 1:H4..PIA+ 4 - 25 - SCHEDULE"N" 1) Instrument No.378035 (See Schedule"A"above). 2) Instrument No.382665 (See Schedule"A" above). 3) Instrument No.445448(See Schedule"A"above). SCHEDULE "0" 1) Instrument No.378035 (See Schedule"A" above). 2) Instrument No.382665 (See Schedule"A" above). 3) Instrument No.445448 (See Schedule"A"above). vu Su1'1",4U'144111 5�7 26- Schedule"C"to Transfer and Grant of Easement OWNER'S ACKNOWLEDGMENT AND CONSENT AGREEMENT This Owner's Acknowledgment and Consent Agreement("Acknowledgment") made as of the 28'day of June,2005 by and between THE CORPORATION OF MUNICIPALITY OF BAYHAM AND THE CORPORATION OF THE TOWN OF TILLSONBURG (collectively,the "Owner") and SUN LIFE ASSURANCE COMPANY OF CANADA, as agent(the "Agent")pursuant to a credit agreement dated as of June 28, 2005 (the "Credit Agreement")between, inter alia, Erie Shores Wind Fann Limited Partnership, Erie Shores Wind Farm General Partner Inc. and Erie Shores Wind Farm General Partner Trust(collectively, "Erie Shores"),the Agent, Sun Life Assurance Company of Canada and the other financial institutions from time to time party thereto, as Ienders (collectively, the "Lenders") and CIBC Mellon Trust Company, in its capacity as collateral agent under the Amended and Restated Collateral Agency Agreement made as of October 8, 2002 (as amended from time to time, the "Collateral Agency Agreement")between Clean Power Operating Trust,the persons who are, and from time to time become,parties thereto as guarantors(including Erie Shores) and CIBC Mellon Trust Company(the "Collateral Agent"), as agent for the Secured Creditors (as defined therein). WHEREAS: A. Erie Shores Wind Farm General Partner Inc., as trustee for Erie Shores Wind Farm General Partner Trust, as general partner of the Erie Shores Wind Farm Limited Partnership and the Owner have entered into an Agreement and Transfer and Grant of Easement dated June 28, 2005 registered against title to the lands described in the Agreement (the "Lands") on June 28, 2005 as Instrument No. (the "Agreement"), pursuant to which the Owner has granted to Erie Shores, inter alia, an easement (the "Easement") on the terms and conditions set out in the Agreement. B. Pursuant to, respectively, the Credit Agreement and the Collateral Agency Agreement (and documentation delivered in connection therewith), the Agent and the Collateral Agent, respectively, have been granted charges, mortgages, assignments and security interests (collectively,the "Security Interests")in all of the property, undertaking, assets, interests, rights and benefits of Erie Shores, including without limitation, all of Erie Shores' right, title, estate, interest and equity in the Lands, the Agreement, the Easement, all rights, privileges, benefits, agreements and interests therein, and all improvements, equipment, structures, chattels, personal property and appurtenance thereto in, on, under or appurtenant to the Lands (collectively, the "Collateral"). C. The Owner has agreed to execute and deliver this Acknowledgment to the Agent and the Collateral Agent pursuant to the provisions of the Agreement. NOW THEREFORE in consideration of the sum of Two Dollars ($2)paid by each of the Agent and the Collateral Agent to the Owner and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the Owner hereby acknowledges, covenants and confirms to each of the Agent and the Collateral Agent, as follows: 1. The Owner consents to the creation of the Security Interests and the registration thereof on the title to the Lands in the applicable land registry office(s). 2. The Owner acknowledges that, following an event of default by Erie Shores under the Credit Agreement or an event of default as defined in the Collateral Agency Agreement(each, an "Event of Default"), the Agent, the Lenders, the Collateral Agent or the Secured Creditors or any nominee or designee thereof or any receiver or receiver-manager (collectively, an "Agent Party") shall have the right to enforce the Security Interests, including, without limitation, the right to enjoy and enforce the rights of Erie Shores under the Agreement and, in the course of the enforcement of such rights, shall be entitled to sell, assign, transfer, negotiate or otherwise dispose of the Agreement, provided that in exercising such rights the Agent Party shall assume all of the liabilities and obligations of Erie Shores under or in connection with the Agreement. 3. The Owner agrees: (a)to give to each of the Agent and the Collateral Agent written notice (at the addresses below) of any default by Erie Shores under the Agreement, concurrent with the delivery of such notice to Erie Shores, (b)that if Erie Shores fails to cure the breach or default identified in such notice, the Agent, the Collateral Agent or any other Agent Party may, but in no way shall be obligated to, cure such default and the Owner shall not terminate the vut sva 4(1.1 441%1 `" JY 27 - Agreement or exercise any other remedy under the Agreement if the Agent, the Collateral Agent or any other Agent Party is proceeding to cure such breach or default, (c) that if any default by Erie Shores under the Agreement is not of a curable nature, it shall not exercise any right to terminate if the Agent,the Collateral Agent or any other Agent Party or a nominee thereof agrees to assume the rights and obligations of Erie Shores under the Agreement to the extent capable of being assumed, (d)that if the Agreement is terminated or surrendered for any reason prior to the expiry of the term thereof, whether as a result of a default by Erie Shores thereunder or otherwise, the Owner shall give notice of such termination to each of the Agent and the Collateral Agent and shall offer to enter into a new or replacement agreement (the "Replacement Agreement") with the Agent, the Collateral Agent or another Agent Party or other person designated by, as applicable, the Agent, the Collateral Agent or other Agent Party, which Replacement Agreement shall be upon the same terms and conditions as the Agreement, and (e)that if within 30 days of receipt of the notice referred to in item (d) above, the Agent or the Collateral Agent requests a Replacement Agreement, the Owner shall enter into such Replacement Agreement with, as applicable, the Agent, the Collateral Agent or another Agent Party or other person designated by the Agent or the Collateral Agent. Notwithstanding any of the foregoing, the Agent Party confirms and acknowledges that the Owner shall not be liable to the Agent Party for the non-delivery of any notice pursuant to subparagraph(a) above. 4. The Agent covenants and agrees with the Owner that during any period the Agent exercises its Security Interest and takes possession of Erie Shores' interest in the Lands (either directly or indirectly through an Agent Party) or takes control of or manages Erie Shores' interest in the Lands or the Collateral or any part thereof, or forecloses upon the Agreement, or succeeds to the interest of Erie Shores under the Agreement, it will assume all of the obligations of Erie Shores under or in connection with the Agreement during such period, and thereafter observe and perform all Erie Shores'obligations under the Agreement. 5. The Collateral Agent covenants and agrees with the Owner that during any period the Agent exercises its Security Interests and takes possession of Erie Shores' interest in the Lands (either directly or indirectly through an Agent Party) or takes control of or manages Erie Shores' interest in the Lands or the Collateral or any part thereof; or forecloses upon the Agreement, or succeeds to the interest of Erie Shores under the Agreement, it will assume all of the obligations of Erie Shores under or in connection with the Agreement during such period, and thereafter observe and perform all Erie Shores' obligations under the Agreement. 6. The Owner confirms and acknowledges that in the event that either the Agent or the Collateral Agent assigns,transfers or otherwise disposes of its interest in the Agreement pursuant to its Security Interests (a "Transfer"), and upon such assignee or transferee covenanting and agreeing in writing with the Owner to assume and perform all of the covenants and obligations of Erie Shores pursuant to the Agreement, each of the Agent and the Collateral Agent shall, thereupon and without further agreement, be freed and relieved of all liability with respect to the Agreement from and after the effective date of such Transfer. 7. All notices hereunder shall be in writing, sent by registered mail, return receipt requested or by telecopy, to the respective parties and the addresses set forth on the signature page or at such other address as the receiving party shall designate in writing. 8. This Acknowledgment may be executed in any number of counterparts, shall be governed by the laws of the Province of Ontario and binds and inures to the benefit of the Agent, and its successors and assigns, the Collateral Agent, and its successors and assigns and shall be binding upon the heirs,personal representatives, successors and assigns of the Owner. 9. Each of the parties hereto agrees to do, make and execute all such further documents, agreements, assurances, acts, matters and things and take such further action as may be reasonably required by any other party hereto in order to more effectively carry out the true intent of this Acknowledgment. 10. The provisions of this Acknowledgment shall continue in effect until the Owner shall have received the written certification of each of the Agent and the Collateral Agent that all amounts advanced, and obligations arising, under the Credit Agreement and all Obligations (as defined in the Collateral Agency Agreement)have been paid and performed in full. I.AJ'. V 1 1 F+U/M4111 - -28 _ r IN WITNESS WHEREOF,this Acknowledgement is executed by the parties. NOTICE ADDRESS: THE CORPORATION OF THE TOWN OF TILLSONBURG 74 Victoria Street Port Burwell, ON NOJ I TO • j -lam I/') / 6,//2, itle: /16 Vor Fax: Date of Signature: June 28,2005 By: h oc7.76ci Name: /G/7 Title: a pay CA.ik Date of Signature: June 28,2005 NOTICE ADDRESS: THE CORPORATION OF P.O. Box 160 MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville, Ontario By: NOJ 1Y0 Name: Title: Date of Signature: June 28,2005 By: Name: Title: Date of Signature: June 28, 2005 NOTICE ADDRESS: SUN LIFE ASSURANCE COMPANY OF CANADA, as Agent Sun Life Assurance Company of Canada 225 King Street West Toronto, Ontario M5V 3C5 By: Name: Title: By: Name: Title: Attention: Director, Investment Project Finance Fax: (416) 595-0131 Date of Signature: June 28, 2005 I have authority to bind the Corporation. �F .�vwvar•'YU TPau .f) } �J 29 - NOTICE ADDRESS: CIBC MELLON TRUST COMPANY, as Collateral Agent CIBC Mellon Trust Company 320 Bay Street P.O.Box 1 By: Toronto, Ontario Name: M5H 4A6 Title: Attention: Director, Corporate Trust Date of Signature: June 28,2005 Fax: (416)643-5570 Do F: t8atware Ltd. • (416)322.6111 Page 2 Property Identifer(s)No. Ministry of Finance 157 Note Land Transfer TTraaxnsAfeffTdaxaAvctitOntario tor at Tobacco Branch PO Bou[e25 33 ling fewest Refer to instructions on reverse side. Orhawa Ohl 1.9118119 In the Matter of the Conveyance of(Insert briefdescrlp#on of lend) 1stlytPt of Lis 19&20,Con.1 North Gore,Geographfc : . 1 - eiki I + :- 1 . . I If ` L + '.1 ' r: ._ u 1 : 1 : ,� I I I`a+ to easement over,along&upon Pt 4,Plan 11R-6476 et aut.il 1 trtument#28525 as in Schedule A in )eed 375323 The Corporation Of Town Of Tillsonburg and The Corporation of the BY (print names ofaRtranslbrurs in fug Mg silty B Sim E e orea�" d arm general Partner Inc.trustee for Erie Shores Wind Farm TO (pam names of all transferees In full) • • r: r r 1 1 • r r - i r • I I !i I e : u • r a • . I 1A4Inhaol Ie pbj.ne RQ R C rLe C S ' have personal knowledge of the`facts herein deposed to and Make Oath and Say that: 1. I am(place a clear mark within the square opposite the following paragraph(s)that describe(s)the capacity of the deponents): ❑ (a) the transferee named in the above-described conveyance; ❑ (b) the authorized agent or solicitor acting In this transaction for the transferee(s); ® (c #iresidefit,Vice-President,Seeseta+ erl Bauthorized to act for Erie Shores Wind Farm. Generalw-PPartnership Inc.,as trustee (the transferee(s)); ❑ (d) a transferee and am making this affidavit on my own behalf and on behalf of(Insert name of spouse or same-sex partner) who Is my spouse or same-sex partner. ❑ (e) the transferor or an officer authorized to act on behalf of the transferor company and❑ I am tendering this document for registration and ❑ no tax Is payable on registration of this document. 2. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a)Monies paid or to be paid In cash $ 194,901.00 (b)Mortgages(I)Assumed(principal and tmeresi) $ Nil All blanks (ii)Given back to vendor $ Nil must be lilted (c)Property transferred In exchange(daunt below In pert.s) . . $ Nil In.insert (d)Other consideration subject to tax(detail below) - . . . $ Nil wrwhere (e)Fair market value of the lands(ate Instruction 2) . . . . . $_ Nil applicable. (f) LLaana re building, axi(Totalof(�and goodwill subject to .$ 194.901.00$ 194,901.00 (g)Value of all chattels-items of tangible persona!property which are taxable under the provisions of the Rata Sales Tax Act $ (h)Other consideration for transaction not included In(f)or(g)above , . . . . . . . . . . . , . . . .S. N 1 (l)Total Consideration $ 194901.00 3. To be completed where the value of the consideration for the conveyance exceeds$400,000.00. I have read and considered the definition of"single family residence"set out In subsection 1(1)of the Ad.The land conveyed in the above-described conveyance: ❑ does not contain a single family residence or contains more than two single family residences; ❑ contains at least one and not more than two single family residences;or ❑ contains at least one and not more than two single family residences and the lands are used for other than lust residential purposes.The transferee has accordingly apportioned the value of consideration on the basis that the consideration for the single family residence 18$ and the remainder of the lands are used for purposes. Note: Subsection 2(1)(b)imposes an act ttonal tax at the rate of one-half of one percent upon The value of the consideration In excess of$4OO,OO1).00 where the conveyance contains at least one and not more than two single family residences and 2(2)allows an apportionment of the consideration where the lands are used for other than just residential purposes. 4. If consideration is nominal,is the land subject to any encumbrance? El Yes 0 No 5. Other remarks and explanations,if necessary. nla Sworn/affirmed before me in the City of 'TO(2..(7q0Tn Province of Ontario this day of June ,20 ^1 Signature(s) /j(J 'a J „(�`�/ /j(1 Nellie Rosemarie Taylor,a Commissioner,eta., yf�1 atv of Ottawa,for Ogilvy Renault LLP/S.EN.C.N.41 A Corn onerfortaidng Affidavi ,etc. s.r.I.,Barristers and Solicitors. Expires June 2,2007. Property Information Record A. Describe nature of instrument Transfer/Deed of Land s. i Address offi () property being conveyed(lfavaRable) VACANT LAND 4(i 1 i ellen a� (ii) Assessment Roll No.(if evallabhl Multiple t v C. Mang address(es)for future Notices of Assessment under the Assessment Act for property being conveyed 67 Yonge treet,,16th Floor Toronto,Ontario M5E _ D. (I) Registration number for last conveyance of property being conveyed(if available) Multiple 'f (ii) Legal description of property conveyed: Same as In D()above. ❑Yes ❑No ®Not known E. Name(s)and address(eu)of each transferees solicitor:Norman B.Lief,Ogilvy Renault LLP 1500-45 O'Connor Street,Ottawa,Ontario KIP 1A4 School Support(Voluntary Election)(See reverse for explanation) Yes No (a) Are all Individual transferees Roman Catholic? 0 0 (b) If Yes,do all Individual transferees wish to be Roman Catholic Separate School Supporters? 0 0 (c) Do all individual transferees have French Language Education Rights? 0 0 (d) If Yes,do ail Individual transferees wish to support the French Language School Board(where established)? 0 0 Note: As to(c)and(d)the land being transferred will receive French Public School Board Election unless otherwise directed in(a)and(b). +1 OWNER'S ACKNOWLEDGMENT AND CONSENT AGREEMENT This Owner's Acknowledgment and Consent Agreement ("Acknowledgment") made as of the 28th day of June, 2005 by and between THE CORPORATION OF MUNICIPALITY OF BAYHAM AND THE CORPORATION OF THE TOWN OF TILLSONBURG(collectively, the"Owner")and SUN LIFE ASSURANCE COMPANY OF CANADA, as agent(the"Agent") pursuant to a credit agreement dated as of June 28, 2005 (the "Credit Agreement")between,inter alia, Erie Shores Wind Farm Limited Partnership, Erie Shores Wind Farm General Partner Inc. and Erie Shores Wind Farm General Partner Trust (collectively, "Erie Shores"), the Agent, Sun Life Assurance Company of Canada and the other financial institutions from time to time party thereto,as lenders(collectively,the "Lenders") and CIBC Mellon Trust Company, in its capacity as collateral agent under the Amended and Restated Collateral Agency Agreement made as of October 8, 2002 (as amended from time to time, the "Collateral Agency Agreement") between Clean Power Operating Trust, the persons who are, and from time to time become, parties thereto as guarantors (including Erie Shores)and CIBC Mellon Trust Company(the"Collateral Agent"), as agent for the Secured Creditors (as defined therein). WHEREAS: A. Erie Shores Wind Farm General Partner Inc., as trustee for Erie Shores Wind Farm General Partner Trust, as general partner of the Erie Shores Wind Farm Limited Partnership and the Owner have entered into an Agreement and Transfer and Grant of Easements dated June 28,2005 registered against title to the lands described in the Agreement(the"Lands")on July 8, 2005 as Instrument No. 591468 (Norfolk) and Instrument No. 447965 (Elgin) (the "Agreement"), pursuant to which the Owner has granted to Erie Shores, inter alia, an easement (the "Easement") on the terms and conditions set out in the Agreement. B. Pursuant to, respectively, the Credit Agreement and the Collateral Agency Agreement(and documentation delivered in connection therewith), the Agent and the Collateral Agent,respectively, have been granted charges, mortgages, assignments and security interests(collectively,the"Security Interests") in all of the property, undertaking, assets, interests, rights and benefits of Erie Shores, including without limitation, all of Erie Shores'right,title, estate, interest and equity in the Lands,the Agreement, the Easement, all rights, privileges, benefits, agreements and interests therein, and all improvements, equipment, structures, chattels, personal property and appurtenance thereto in, on, under or appurtenant to the Lands (collectively, the "Collateral"). C. The Owner has agreed to execute and deliver this Acknowledgment to the Agent and the Collateral Agent pursuant to the provisions of the Agreement. NOW THEREFORE in consideration of the sum of Two Dollars($2)paid by each ofthe Agent and the Collateral Agent to the Owner and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Owner hereby acknowledges, covenants and confirms to each of the Agent and the Collateral Agent, as follows: 1. The Owner consents to the creation of the Security Interests and the registration thereof on the title to the Lands in the applicable land registry office(s). DOCSOTT:407442/1 1 DOCSOTr:407442/1 • 2. The Owner acknowledges that, following an event of default by Erie Shores under the Credit Agreement or an event of default as defined in the Collateral Agency Agreement(each, an"Event of Default"),the Agent,the Lenders, the Collateral Agent or the Secured Creditors or any nominee or designee thereof or any receiver or receiver-manager(collectively, an"Agent Party") shall have the right to enforce the Security Interests, including,without limitation,the right to enjoy and enforce the rights of Erie Shores under the Agreement and,in the course of the enforcement of such rights, shall be entitled to sell, assign,transfer,negotiate or otherwise dispose of the Agreement,provided that in exercising such rights the Agent Party shall assume all of the liabilities and obligations of Erie Shores under or in connection with the Agreement. 3. The Owner agrees: (a)to give to each of the Agent and the Collateral Agent written notice (at the addresses below) of any default by Erie Shores under the Agreement, concurrent with the delivery of such notice to Erie Shores, (b)that if Erie Shores fails to cure the breach or default identified in such notice, the Agent,the Collateral Agent or any other Agent Party may, but in no way shall be obligated to, cure such default and the Owner shall not terminate the Agreement or exercise any other remedy under the Agreement if the Agent,the Collateral Agent or any other Agent Party is proceeding to cure such breach or default, (c)that if any default by Erie Shores under the Agreement is not of a curable nature, it shall not exercise any right to terminate if the Agent, the Collateral Agent or any other Agent Party or a nominee thereof agrees to assume the rights and obligations of Erie Shores under the Agreement to the extent capable of being assumed, (d)that if the Agreement is terminated or surrendered for any reason prior to the expiry of the term thereof, whether as a result of a default by Erie Shores thereunder or otherwise,the Owner shall give notice of such termination to each of the Agent and the Collateral Agent and shall offer to enter into a new or replacement agreement(the "Replacement Agreement")with the Agent, the Collateral Agent or another Agent Party or other person designated by, as applicable, the Agent,the Collateral Agent or other Agent Party,which Replacement Agreement shall be upon the same terms and conditions as the Agreement, and(e)that if within 30 days of receipt of the notice referred to in item(d)above, the Agent or the Collateral Agent requests a Replacement Agreement, the Owner shall enter into such Replacement Agreement with,as applicable,the Agent,the Collateral Agent or another Agent Party or other person designated by the Agent or the Collateral Agent. Notwithstanding any of the foregoing, the Agent Party confirms and acknowledges that the Owner shall not be liable to the Agent Party for the non-delivery of any notice pursuant to subparagraph(a) above. 4. The Agent covenants and agrees with the Owner that during any period the Agent exercises its Security Interests and takes possession of Erie Shores' interest in the Lands (either directly or indirectly through an Agent Party)or takes control of or manages Erie Shores'interest in the Lands or the Collateral or any part thereof, or forecloses upon the Agreement, or succeeds to the interest of Erie Shores under the Agreement,it will assume all of the obligations of Erie Shores under or in connection with the Agreement during such period, and thereafter observe and perform all Erie Shores'obligations under the Agreement. S. The Collateral Agent covenants and agrees with the Owner that during any period the Agent exercises its Security Interests and takes possession of Erie Shores' interest in the Lands (either directly or indirectly through an Agent Party)or takes control of or manages Erie Shores'interest in the Lands or the Collateral or any part thereof,or forecloses upon the Agreement, or succeeds to the interest of Erie Shores under the Agreement, it will assume all of the obligations of Erie Shores 2 , , DOCSOTT:40744211 under or in connection with the Agreement during such period, and thereafter observe and perform all Erie Shores'obligations under the Agreement. 6. The Owner confirms and acknowledges that in the event that either the Agent or the Collateral Agent assigns, transfers or otherwise disposes of its interest in the Agreement pursuant to its Security Interests (a "Transfer"), and upon such assignee or transferee covenanting and agreeing in writing with the Owner to assume and perform all of the covenants and obligations of Erie Shores pursuant to the Agreement, each of the Agent and the Collateral Agent shall, thereupon and without further agreement,be freed and relieved of all liability with respect to the Agreement from and after the effective date of such Transfer. 7. All notices hereunder shall be in writing,sent by registered mail,return receipt requested or by teleoopy,to the respective parties and the addresses set forth on the signature page or at such other address as the receiving party shall designate in writing. 8. This Acknowledgment may be executed in any number of counterparts, shall be governed by the laws of the Province of Ontario and binds and inures to the benefit of the Agent, and its successors and assigns, the Collateral Agent, and its successors and assigns and shall be binding upon the heirs,personal representatives, successors and assigns of the Owner. 9. Each of the parties hereto agrees to do, make and execute all such further documents, agreements, assurances, acts,matters and things and take such further action as may be reasonably required by any other party hereto in order to more effectively carry out the true intent of this Acknowledgment. 10. The provisions of this Acknowledgment shall continue in effect until the Owner shall have received the written certification of each of the Agent and the Collateral Agent that all amounts advanced, and obligations arising,under the Credit Agreement and all Obligations(as defined in the Collateral Agency Agreement)have been paid and performed in full. 3 DOCSOTF:407442\1 IN WITNESS WHEREOF,this Acknowledgement is executed by the parties. NOTICE ADDRESS: THE CORPORATION OF THE TOWN OF TILLSONBURG 74 Victoria Street Port Burwell, ON NOJ 1TO By: ,.;%!' • ' e: S-t-epi'?€r 1Y 6 t no,r' ltle: cti4 Or Fax: Date of Signature: June 28,2005 By: /?(a N G/7L2 /C.riro( Title: o /y ( Irk Date of Signature: June 28, 2005 NOTICE ADDRESS: THE CORPORATION OF P.O. Box 160 MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville, Ontario By: (��) aVa.,. NOJ 1YO Name: y h Aere Title: kaki D r Date of Signature: June 28,2005 By: 44 Adisitlibm Name: It Title: i.. . Date of Signature: June 28,2005 4 IN WITNESS WHEREOF, this Acknowledgement is executed by the parties. NOTICE ADDRESS: THE CORPORATION OF THE TOWN OF TILLSONBURG 74 Victoria Street Port Burwell, ON NOJ 1TO By: Name: Title: Fax: By: Name: Title: I/We have the authority to bind the Corporation Date of Signature: June 28, 2005 NOTICE ADDRESS: THE CORPORATION OF P.O.Box 160 MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville, Ontario By: NOJ 1Y0 Name: Title: By: Name: Title: I/We have the authority to bind the Corporation Date of Signature: June 28, 2005 NOTICE ADDRESS: SUN LIFE ASSURANCE COMPANY OF CANADA, as Agent Sun Life Assurance Company of Canada 225 King Street West Toronto, Ontario M5V 3C5 By: oni. ,1 Name:T : P.Investment Project Ong= By: Name: Title: Cam Di Giorgio n zector,rnvnUnalt Project Fiance Attention: Director, Investment Project Finance 1/We have the authority to bind the Corporation Fax: (416) 595-0131 Date of Signature: June 28, 2005 DOCSOTT:407442/1 3 NOTICE ADDRESS: CIBC MELLON TRUST COMPANY, as Collateral Agent CIBC Mellon Trust Company 320 Bay Street P.O. Box 1 By: ,/ Toronto, Ontario Nam': Ch r'ls iOrt- 600 -4 M5H 4A6 Title Acc•09. - Attention: Director, Corporate Trust N. e! /or-Pamelaor- Lively Fax: (416) 643-5570 Titl- Associate Manager I/We have the authority to bind the Corporation Date of Signature: June 28, 2005 DOCSOTP:407442\l 4