HomeMy WebLinkAboutBy-law No. 2007-029 THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2007-029
A BY-LAW TO AUTHORIZE THE EXECUTION OF AN
EASEMENT AGREEMENT BETWEEN ROBERT
GRIESBACH, CHRISTINA ANTON-GRIESBACH AND THE
MUNICIPALITY OF BAYHAM
WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended provides that a
lower tier municipality may pass by-Iaws respecting public utilities, including sanitary sewage
collection.
AND WHEREAS Section 8 of the Municipal Act, 2001, S.O.2001, c.25 as amended provides that
a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of
exercising its authority under this or any other Act.
AND WHEREAS Robert Griesbach and Christina Anton-Griesbach are the owners of lands in
Part Lots 6 & 7 of Registered Plan 12, being PARTS 2 & 3 on Plan 11R-8622, Village of Port
Burwell, Municipality of Bayham.
AND WHEREAS the said owners have made application for consent for one residential building
lot(County of Elgin Land Division Committee Application E54/05).
AND WHEREAS the County of Elgin Land Division Committee has granted the subject
applications, subject to conditions including the condition that the owner execute a sewer services
development agreement, which agreement includes requirement for an easement agreement over
certain municipally owned lands for sewer services to the said lot.
AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it
necessary and expedient to execute an easement agreement with Robert Griesbach and Christina
Anton-Griesbach to permit the installation and maintenance of a private sanitary sewer
connection.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
MUNICPALITY OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk be and are hereby authorized and directed to execute the
Easement Agreement with Robert Griesbach and Christina Anton-Griesbach affixed hereto
and forming part of this By-law as Schedule"A".
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 5th
DAY OF APRIL 2007.
A �
V r .
R� CLARK
JUN-01-2007 15:03 MANDRYK, STEWART & MORGAN 519 942 7659 P.003
6/2, -7---d 7
LRO# 11 Transfer Easement Receipted as CT12949 on 2007 05 30 at 12:09
The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 1 of 1
Properties
PIN 35324- 0167 LT interest/Estate Fee Simple [ Add Easement
Description PART 3 OF REGISTERED PLAN I IR-6238,BEING A PLAN OF SURVEY OF LOTS 5,6,
7,8,9 AND 10,PART OF LOTS 3 AND 4 EAST OF ERIEUS STREET,LOTS 6,7,8,9,
AND 10.PART OF LOTS 4 AND 5 WEST OF STRACHAN STREET,HAGERMAN
STREET BETWEEN ERIEUS AND STRACHAN STREETS,REGISTERED PLAN 12,
VILLAGE OF PORT BURWELL,MUNICIPALITY OF BAYHAM,COUNTY OF ELGIN
Address BAYHAM
Consideration
Consideration $0.00
rTnsferor(s)
The transferor(s)hereby transfers the easement to the transferee(s).
Name THE CORPORATION OF THE VILLAGE OF PORT BURWELL
Address for Service 21 Pitt Street,P.O.Box 10
Port Burwell,Ontario
NOJ 1TO
I,James Raymond Morgan-Solicitor,have the authority to bind the corporation.
This document is not authorized under Power of Attorney by this party.
Transferees) Capacity Share
Name THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Registered Owner
Address for Service P.O.Box 160
9344 Plank Road
Straffordville, Ontario
NOJ IYO
Statements
Schedule: See Schedules
Signed By s.
James Raymond Morgan 65 Bidwell St. acting for Signed 2007 05 30
Tillsonburg Transferor(s)
N43 318
Tel 5198424228
Fax 5198427659
James Raymond Morgan 65 Bidwell St acting for Signed 2007 05 30
Tiillsonburg Transferee(s)
N40 318
Tel 5198424228
Fax 5198427659
Submitted By
Mandryk,Stewart&Morgan 65 Bidwell St 2007 06 01
TI I Isonburg
N4G 3T8
Tel 5198424228
Fax 5198427659
I Pees/Taxes/Payment .
•
Statutory Registration Fee $60.00
Land Transfer Tax $0.00
Total Paid $60.00
TOTAL P.003
Page 1
THIS EASEMENT AGREEMENT made in triplicate this 5th day of April 2007.
BETWEEN:
CHRISTINA ANTON-GRIESBACH and ROBERT GRIESBACH,
Hereinafter referred to as the"Transferee"
OF THE FIRST'PART
-and-
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM,
as represented by its Servants,Agents,Contractors and Consultants
Hereinafter referred to as the"Transferor"
OF THE SECOND PART
WHEREAS:
1. The Municipality of Bayham deems it necessary and expedient to enter into an easement
agreement with the Transferee to permit the installation and maintenance of a private
sanitary sewer connection to an approved Municipal sewer outlet over land of the
Municipality that is not a street.
NOW THEREFORE THIS INDENTURE WITNESSETH that in consideration of the sum of one
dollar ($1.00) of lawful money of Canada now paid by the Transferee to the Transferor, the
Transferor hereby grants and conveys unto the Transferee, its successors and assigns, the
following rights and easements in perpetuity:
1. the free, uninterrupted and undisturbed right;and easement to enter upon and construct,
install, operate, maintain, inspect, repair, aler, replace and remove a private sanitary
sewer connection in,upon,along,and across the lands described in Box(5)on Page 1 of
this Transfer/Deed of Easement,hereinafter crilled the"Servient Lands".
2. for the servants, agents, contractors, and workmen of and other persons duly authorized
by the Transferee at all times(subject as ma hereinafter be provided) and from time to
time to pass and repass with all machinery Material,vehicles, and equipment as may be
necessary along the Servient lands for all purposes necessary or incidental to the exercise
of and for the enjoyment of the rights and easements herein granted.
The aforesaid rights and easements are hereby granted on the following terms and conditions,
which are hereby covented and agreed to by and betw‘en the Transferor and the Transferee:
3. upon completion of the construction of the aforesaid works and of any installation,
replacement,maintenance,inspection,repair,alteration or removal thereof,the Transferee
shall forthwith fill in all excavations in and/or on the Servient lands and as far as
practicable restore the surface thereof to the same condition as that in which it was found
prior to the commencement of the work an4 shall remove all equipment and rubbish.
Any gates, fences,tile drains or other improv ents damaged by the Transferee shall be
restored by the Transferee at its expense as closely as is reasonably practicable to their
prior condition before such damage.
4. the rights,liberties,privileges and easements herein granted,conveyed and transferred are
declared to be appurtenant to and for the benWfit of the property of the Transferee more
particularly described in Schedule"A"hereto attached.
5. the Transferee shall not undertake any works,!change any grades,or install any works on
the Servient Lands without the prior written c9nsent of the Transferor.
Page 3
Schedule"A"
DESCRIPTION OF LANDS
Parts 2 and 3 of Registered Plan 11R-8622,being Part of Lots 6 &7 of Registered Plan 12, east
of Robinson Street, former Village of Port Burwell, Municipality of Bayham, County of Elgin