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By-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