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By-law No. 2010-054 THE CORPORATION OF THE MUNICIPALITY OF BAYIIAM BY-LAW NO. 2010-054 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN EASEMENT AGREEMENT BETWEEN GEORGE STANLEY MOORE (ESTATE OF),THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AND THE CORPORATION OF THE TOWN OF TILLSONBURG WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended provides that a lower tier municipality may pass by-laws respecting public utilities, including sanitary sewage collection and water servicing. AND WHEREAS Section 8 of the Municipal Act,2001, S.O.200], 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 George Stanley Moore (Estate of) is the owner of lands located in Part Lot 23 Concession 8, Hamlet of Eden, Municipality of Bayham and for development purposes requires a formal easement across former rail lands now owned by the Corporations for municipal services and access. AND WHEREAS the Corporation of the Municipality of Bayham and the Corporation of the Town of Tillsonburg acknowledge the unregistered easement across the former railway line that existed under the Railway Act and so deem it necessary and expedient to execute a formal easement agreement with George Stanley Moore (Estate of) to permit the installation and maintenance of a private sanitary sewer connection,private water service and driveway access. 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 George Stanley Moore (Estate of) affixed hereto and forming part of this By-law as Schedule"A". READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 3'd DAY OF JUNE 2010. r 1 • _ • s R CLERK Page 1 THIS EASEMENT AGREEMENT made in triplicate this 3`d day of June 2010. BETWEEN: GEORGE STANLEY MOORE (ESTATE OF), Hereinafter referred to as the"Transferee" OF THE FIRST PART - and - THE CORPORATION OF THE MUNICIPALITY OF BAYHAM, AND THE CORPORATION OF THE TOWN OF TILLSONBURG 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 and the Town of Tillsonburg, being joint owners, deem 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, a private water service connection to an approved Municipal water main and driveway access over land jointly owned by the Corporations 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, alter, replace and remove a private sanitary sewer connection, private water connection and driveway access in, upon, along, and across the lands described as Part 1 of Registered Plan 11R9229, hereinafter called 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 may 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. Page 2 The aforesaid rights and easements are hereby granted on the following terms and conditions, which are hereby covented and agreed to by and between 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 to the Transferor's satisfaction and shall remove all equipment and rubbish. Any gates, fences, tile drains or other improvements 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 benefit 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 consent of the Transferor. 6. the Transferee shall be responsible for any damage to the property of the Transferor caused directly or indirectly by the acts or omissions of the Transferee or any persons acting under the authority of the Transferee and the Transferee shall indemnify and save harmless the Transferor from all claims of every nature whatsoever and howsoever arising out the installations, construction, maintenance, operation, and existence of the works. 7. Notwithstanding any rule of law or equity, all works brought on to, laid on or erected upon, or buried in or under the Servient Lands by the Transferee shall at all time remain the property of the Transferee notwithstanding that the same may be annexed or affixed to the freehold and shall at any time and from time to time be removable in whole or in part by the Transferee or its successors and assigns, and the Transferee shall retain responsibility for all maintenance and repair costs. 8. The rights and easements hereby granted are and shall be of the same force and effect to all intents and purposes as a covenant running with the lands and this grant, including all the covenants and conditions herein contained, shall extend to, being binding upon and enure to the benefit of the heirs, executors, administrators, successors in title and assigns of the parties hereto respectively, and all covenants herein contained shall be construed to be several as well as joint, and wherever the singular or masculine is used, it shall be construed as if the plural or the feminine or the neuter as the case may be, had been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes thereby rendered necessary had been made. 9. The owner covenants and agrees with the Municipality that this agreement may be registered against the title to the lands and that the costs of the preparation and registration of this agreement shall be paid by the Transferee. Page 3 The Transferor Covenants with the Transferee that it has the right to convey the said rights and easements to the Transferee notwithstanding any act of the Transferor. And that the Transferee shall have quiet possession of the said rights and easements free from all encumbrances. SIGNED, SEALED and DELIVERED this Lday of 106, 2010 In the •resence of , "la(' "4-1-114110-ledifriCe0A.7 i s George Stanley Moore(Estate of) Name: 4,4 rbAr ri 33L?}{45 (print) Title: ' e r PT k ,up y (Print) THE CORPORATION OF THE MUNI IPALITY OF :AYHAM. A A . tA mir Lynn • e Mayor '`4r1; Lynda Millard Clerk THE CORPORATION OF THE TOWN OF TILLSONBURG ;41,4J)--\ Michael Graves Director of Corporate Services/Clerk Page 4 Schedule"A" DESCRIPTION OF LANDS Legal Description: Concession 8 Part Lot 23,Hamlet of Eden,Municipality of Bayham, County of Elgin Assessment Roll#34-01-000-006-24801 LRO# 11 Transfer Easement Receipted as CT59581 on 2010 07 29 at 10:36 The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 1 of 8 Properties PIN 35342- 0274 LT Interest/Estate Easement ❑,/ Add Easement Description PIN 35324-0274 DESCRIPTON SERVIENT LANDS: PT LT 23 CON 8 BAYHAM DESIGNATED AS PART 1 ON 11R-9229; BAYHAM PIN: 35342-0150 DESCRIPTION DOMINANT LANDS: PT N 1/2 LOT 23 CON 8 BAYHAM,AS IN E186099; BAYHAM Address EDEN Consideration Consideration $ 1.00 Transferor(s) The transferor(s)hereby transfers the easement to the transferee(s). Name THE CORPORATION 0=THE MUNICIPALITY OF BAYHAM Address for Service P.O. Box 160 9344 Plank Road Straffordville,Ontario NOJ 1Y0 I, Lynn Acre, Mayor and I, Lynda Millard,Clerk, have the authority to bind the corporation. This document is not authorized under Power of Attorney by this party. Name THE CORPORATION OF THE TOWN OF TILLSONBURG Address for Service 200 Broadway Street Tillsonburg, Ontario N4G 5A7 I, Michael Graves,Clerk, have the authority to bind the corporation. This document is not authorized under Power of Attorney by this party. Transferee(s) Capacity Share Name MOORE, EDNA JEAN Estate Trustee With A Will Date of Birth 1918 03 02 Address for Service do P.O. Box 280 Tillsonburg, Ontario N4G 4H5 Statements Schedule: See Schedules Signed By George David Lee Jenkins 107 Broadway Street. PO Box 280 acting for Signed 2010 07 29 Tillsonburg Transferor(s) N4G 4H5 Tel 5198429017 Fax 5198423394 I have the authority to sign and register the document on behalf of all parties to the document. LRO# 11 Transfer Easement Recelpted as CT59581 on 2010 07 29 at 10:36 The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 2 of 8 Signed By George David Lee Jenkins 107 Broadway Street. PO Box 280 acting for Signed 2010 07 29 Tillsonburg Transferee(s) N4G 4H5 Tel 5198429017 Fax 5198423394 I have the authority to sign and register the document on behalf of all parties to the document. Submitted By JENKINS&GILVESY 107 Broadway Street. PO Box 280 2010 07 29 Tillsonburg N4G 4H5 Tel 5198429017 Fax 5198423394 Fees/Taxes/Payment Statutory Registration Fee $60.00 Provincial Land Transfer Tax $0.00 Total Paid $60.00 File Number J Transferee Client File Number: GDL:11784 By Order made under the Municipal Act R.S.O. 1990 C.M.45, on January I, 1998, The Corporation of the Township of Bayham,The Corporation of the Village of Port Burwell, and the Corporation of the Village of Vienna were amalgamated as a township under the name of The Corporation of the Municipality of Bayham. WHEREAS George Stanley Moore, died testate on or about the 121h day of November 2002. AND WHEREAS the Codicil to the Last Will and Testament of George Stanley Moore, dated the 111h day of May 1994 contained the following clause: "1. I REVOKE Paragraph 8 of nay said Will and provide in and provide in lieu thereof the following: 8. I NOMINATE, constitute and appoint my wife, Edna Jean Moore, to be the sole Executrix of this my will and trustee of my estate, and in the event that my said wife, Edna Jean Moore, shall predecease me, or be curable or unwilling to act, then I nominate, constitute and appoint my son, George Stanley Moore Jr. and my daughter, Brenda Balties,jointly and the survivor of them to be the Executors of this my will and trustees of my estate." AND WHERAS George Stanley Moore is one and the same person as George S. Moore as in Instrument No. E186099. Page 1 THIS EASEMENT AGREEMENT made in triplicate this 3"i day of June 2010. BETWEEN: GEORGE STANLEY MOORE (ESTATE OF), Hereinafter referred to as the"Transferee" OF THE FIRST PART and THE CORPORATION OF THE MUNICIPALITY OF BAYHAM, AND THE CORPORATION OF THE TOWN OF TILLSONBURG as represented by its Servants, Agents,Contractors and Consultants Hereinafter referred to as the"Transf'eror" OF THE SECOND PART WHEREAS: 1. The Municipality of Bayham and the Town of Tillsonburg, being joint owners, deem 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, a private water service connection to an approved Municipal water main and driveway access over land jointly owned by the Corporations 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 casements in perpetuity: 1. the free, uninterrupted and undisturbed right and easement to enter upon and construct, install, operate, maintain, inspect, repair, alter, replace and remove a private sanitary sewer connection, private water connection and driveway access in, upon, along, and across the lands described as Part 1 of Registered Plan 11R9229, hereinafter called 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 may 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. Page 2 The aforesaid rights and easements are hereby granted on the following terms and conditions, which are hereby covented and agreed to by and between 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 to the Transferor's satisfaction and shall remove all equipment and rubbish. Any gates, fences,tile drains or other improvements 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 benefit 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 consent of the Transferor. 6. the Transferee shall be responsible for any damage to the property of the Transferor caused directly or indirectly by the acts or omissions of the Transferee or any persons acting under the authority of the Transferee and the Transferee shall indemnify and save harmless the Transferor from all claims of every nature whatsoever and howsoever arising out the installations, construction, maintenance, operation, and existence of the works. 7. Notwithstanding any rule of'law or equity, all works brought on to, laid on or erected upon, or buried in or under the Servient Lands by the Transferee shall at all time remain the property of the Transferee notwithstanding that the same may be annexed or affixed to the freehold and shall at any time and from time to time be removable in whole or in part by the Transferee or its successors and assigns, and the Transferee shall retain responsibility for all maintenance and repair costs. 8. The rights and easements hereby granted arc and shall be of the same force and effect to all intents and purposes as a covenant running with the lands and this grant, including all the covenants and conditions herein contained, shall extend to, being binding upon and enure to the benefit of the heirs, executors, administrators, successors in tide and assigns of the parties hereto respectively, and all covenants herein contained shall be construed to be several as well as joint, and wherever the singular or masculine is used, it shall be construed as if the plural or the feminine or the neuter as the case may be, had been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes thereby rendered necessary had been made. 9. The owner covenants and agrees with the Municipality that this agreement may be registered against the title to the lands and that the costs of the preparation and registration of this agreement shall be paid by the Transferee. Page 3 The Transferor Covenants with the Transferee that it has the right to convey the said rights and easements to the Transferee notwithstanding any act of the Transferor. And that the Transferee shall have quiet possession of the said rights and easements free from all encumbrances. SIGNED, SEALED and DELIVERED this day of%hoe,2010 Qr4ir In the ;resence of 1• . + George Stanley Moore(Estate of) 9(AJCbc Name: (print) Edna Jean Moore Witness CJ Title: Minx..-1 (prinoEstate Trustee With a Will THE CORPORATION OF THE MUNICIPALITY OF BAYHAM. � IPAa A. i Lynn i« e Mayo de:rrr, d Lynda Millard Clerk THE CORPORATION OF THE TOWN OF TILLSONBUR' Michael Gray w Director of Corporate Services/Clerk SCHEDULE "A" DESCRIPTION OF DOMINANT LANDS Part of North Half of Lot 23, Concession 8 Municipality of Bayham, geographic Township of Bayham, County of Elgin as in E186099 Being all of PIN 35342-0150 SCHDULE "B" DESCRIP TION OF SERVIENT LANDS Part of Lot 23, Concession 8 Municipality of Bayham, Geographic Township of Bayham,County of Elgin Designated as PART 1 on 11R-9229 Being part of PIN 35342-0274 LAND TRANSFER TAX STATEMENTS In the matter of the conveyance of: 35342-0274 PIN 35324-0274 DESCRIPTON SERVIENT LANDS: PT LT 23 CON 8 BAYHAM DESIGNATED AS PART 1 ON 11R-9229; BAYHAM PIN: 35342-0150 DESCRIPTION DOMINANT LANDS: PT N 1/2 LOT 23 CON 8 BAYHAM,AS IN El 86099; BAYHAM BY: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM THE CORPORATION OF THE TOWN OF T!LLSONBURG TO: MOORE, EDNA JEAN Estate Trustee With %(all PINS) A Will 1. MOORE, EDNA JEAN I am n (a)A person in trust for whom the land conveyed in the above-described conveyance is being conveyed; U (b)A trustee named in the above-described conveyance to whom the land is being conveyed; ✓ (c)A transferee named in the above-described conveyance; (d)The authorized agent or solicitor acting in this transaction for described in paragraph(s) (J above. i I (e)The President,Vice-President, Manager, Secretary, Director,or Treasurer authorized to act for described in paragraph(s) U above. J (f)A transferee described in paragraph()and am making these statements on my own behalf and on behalf of who is my spouse described in paragraph U and as such, I have personal knowledge of the facts herein deposed to. 3. The total consideration for this transaction is allocated as follows: (a) Monies paid or to be paid in cash 1.00 (b)Mortgages (i)assumed (show principal and interest to be credited against purchase price) 0.00 (ii)Given Back to Vendor 0.00 (c) Property transferred in exchange(detail below) 0.00 (d) Fair market value of the land(s) 0.00 (e) Liens, legacies,annuities and maintenance charges to which transfer is subject 0.00 (f) Other valuable consideration subject to land transfer tax(detail below) 0.00 (g)Value of land, building,fixtures and goodwill subject to land transfer tax(total of(a)to(f)) 1.00 (h)VALUE OF ALL CHATTELS-items of tangible personal property 0.00 (i)Other considerations for transaction not included in (g)or(h)above 0.00 (j)Total consideration 1.00 4. Explanation for nominal considerations: o)Transfer of easement or right of way for no consideration. 5. The land is not subject to an encumbrance PROPERTY Information Record A. Nature of Instrument: Transfer Easement LRO 11 Registration No. CT59581 Date: 2010/07/29 B. Property(s): PIN 35342 -0274 Address Assessment - EDEN Roll No C. Address for Service: do P.O. Box 280 Tillsonburg,Ontario N4G 4H5 D. (i) Last Conveyance(s): PIN 35342 -0274 Registration No. E447965 (ii)Legal Description for Property Conveyed : Same as in last conveyance? Yes❑ No ElNot known n E.Tax Statements Prepared By: George David Lee Jenkins 107 Broadway Street. PO Box 280 Tillsonburo N4G 4H5