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HomeMy WebLinkAboutBy-law No. 2014-071 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2014 - 071 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A TRANSFER EASEMENT AGREEMENT BETWEEN WINNIFRED MORSE AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM TO AUTHORIZE THE EXECUTION OF A TRANSFER EASEMENT AGREEMENT TO SUPPLY A PUBLIC UTILITY SERVICE IN AND OVER LANDS DESCRIBED AS PTS 1 & 3 ON 11 R 9752; PIN 35334-0116(LT) IN THE HAMLET OF RICHMOND, MUNICIPALITY OF BAYHAM. THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM HEREBY ENACTS AS FOLLOWS: 1. THAT the agreement affixed hereto as Schedule "A", being a transfer easement agreement to supply a public utility service in and over lands in the Hamlet of Richmond with Winnifred Morse, is hereby approved and the Mayor and Clerk are hereby authorized and directed to execute the same. 2. THAT the agreement is to be registered on title to the subject lands designated as Parts 1 & 3 on Registered Plan 11R9752; PIN 35334-0116 (LT). READ A First, Second and Third time and finally passed this 19th day of June 2014. at, YOR CL KII L —0 7 t THE LAND TITLES ACT WHEREAS the Transferor is the owner in fee simple of those lands and premises (hereinafter the "Transferor's Lands")legally described as PT S MOORE BLOCK PL 22 BAYHAM;PT CENTRE ST PLAN 22 BAYHAM(Closed by E176651), PART 2 on 11R- 3091, Municipality of Bayham, County of Elgin,being the whole of PIN 35334-0116. AND WHEREAS the Transferor has agreed to transfer to the Transferee an easement in gross to supply a public utility service in, over and upon the land described as PART 1 & 3 on 11R-9752. NOW THEREFORE this indenture witnesseth that in consideration of the sum of TWO DOLLARS ($2.00),of lawful money of Canada now paid by the Transferee to the Transferor(the receipt whereof is hereby acknowledged), the Transferor DOTH GRANT unto the Transferee, its successors and assigns,forever,the full,free and uninterrupted right,liberty,privilege and easement in gross in perpetuity to enter on and construct,repair,replace,inspect,operate,maintain and make additions to water pipelines in, on, under or through the said property, together with all necessary appurtenances,works,attachments,apparatus,appliances,markers,fixtures and equipment thereto as the Transferee may from time to time and at any time hereafter deem necessary or convenient thereto for the purpose of the furnishing of water to the premises from time to time which may exist on the lands and on adjoining land, whether owned by the Transferor or any other person. TOGETHER WITH the full right,liberty,privilege and easement in gross unto the Transferee,its successors and assigns, and its and their servants, agents, work people, contractors and others designated by it and them, from time to time and at all times forever hereafter, to enter upon the Transferor's Lands, with or without tools, machinery, equipment and vehicles, for the purposes aforesaid. AND TOGETHER WITH the right to attach other pipes and accessories and authorize the attachment of pipes and accessories or the laying, repairing or renewing of underground pipes and any other fixtures or equipment by any other company or commission for the purpose only of supplying a public utility service to the Transferor's lands and/or other lands. IT SHALL BE LAWFUL for the Transferee and its successors and assigns to exercise and enjoy the rights, liberties and privileges hereby granted without being liable for any interference, loss of use or loss of profit which shall or may be thereby caused to the Transferor's Lands or to the owners and occupiers thereof from time to time, and the Transferee shall have the right to cut down or remove any brush, trees, shrubs, fences, pavements, ramps, curbs and other objects as may be necessary or convenient in the exercise of the rights and privileges hereby granted and likewise to excavate and remove the soil and surfacing for the purposes aforesaid. THE TRANSFEREE COVENANTS with the Transferor that it will restore the Transferor's Lands, to a condition approximately the same as the condition that existed immediately prior to each and every entry upon the Transferor's Lands, excluding the replacement of brush and trees. THE TRANSFEREE FURTHER COVENANTS that no buildings or other structures shall be erected on or over the lands described herein without written consent of the Engineer of the Transferee. THE TRANSFEREE FURTHER COVENANTS that it has the right to convey the rights, liberties,privileges and easements hereby granted and will execute such further assurances as may be requisite to give full effect to this indenture. THE TRANSFEROR COVENANTS and agrees with the Transferee that should either of them require the Transferee to relocate its works constructed pursuant hereto or any part thereof,the party or parties requiring such relocation shall give the Transferee reasonable notice in writing thereof and shall bear the entire cost of such relocation. Notwithstanding any rule of law or equity,any water pipeline operated by the Transferee hereunder together with all works, appurtenances, attachments, apparatus, appliances, markers, fixtures and equipment shall be deemed to be property of the Transferee, even though the same may have been annexed or affixed to the said property. Save and except as the same may be located in any building Page 2 in which event this shall be property of the owner from time to time of the building in which the same is located, unless otherwise agreed. The Transferee shall have the absolute right to assign or transfer its rights hereunder in whole or in part to any other utility company or entity engaged in the business of supplying water to consumers and in the case of such transfer, the Transferee shall not be obliged to give any other party hereto notice of such assignment or transfer. It is hereby agreed that the covenants and agreements on the part of the Transferor shall run with the lands of the Transferor, and these shall enure to the benefit of and be binding upon the respective successors,heirs,executors,administrators and assigns of the parties hereto. This Agreement may be executed by the parties hereto in separate counterparts,each of which when so executed and delivered shall be an original,and all such counterparts shall together constitute one and the same instrument. Where the context requires,the masculine shall be construed as feminine or neuter and the singular shall be construed as plural. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the date or dates indicated on the Transfer to which this Agreement is attached. SIGNED, SEALED &DELIVERED ) in the- Bence of ) ) Winnifred Ruth Isobel Morse fit f ) ` � ) The Corporation of the Municipality ofBayhann Per: ;gtl Paul Ens,Mayor Per: n e Lynda Millard,Clerk I/We have authority to bind the Corporation. Ua4 c, 4 u.,.� l' c2-61`i