3672 Schedule "A" - To Authorize an Agreement of Easement Between the Corporation of the Town of Tillsonburg and Edwin Earl McLaughlin and Ewart Arnold McLaughlinTHIS AGREEMENT OF EASEMENT, made in triplicate on the f'--fday of January, 2013
Between
EDWIN EARL MCLAUGLIN AND EWART ARNOLD MCLAUGHLIN,
Hereinafter called the "Transferor",
-and-
THE CORPORATION OF THE TOWN OF TILLSONBURG,
Hereinafter called the "Transferee",
WITNESSETH that the parties hereto agree as follows:
1. The Transferor is the owner in fee simple and in possession of the lands described as Parts of
Lots 2 and 3, Concession 5 NTR Middleton, being Parts 1 & 2, Plan 41R-3393, and specifically,
Part 1, Plan 41R-3393 ("the subject property") herein.
2. The Transferee and/or their designate has installed fibre optic conduit and cable on the subject
property.
3. Appendix A attached hereto forms part of this agreement.
4. 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:
a. Sells, grants and conveys in perpetuity to the Transferee, its successors and assigns, a
free and uninterrupted easement in, over, upon, across or through the subject property
together with the right of the Transferee, its licensees, successors, assigns, servants,
agents, workmen and contractors with all necessary vehicles, supplies, machinery and
equipment necessary or incidental to enter upon the subject property at all times and to
pass and repass thereon as may be required by the Transferee from time to time, to
achieve access to electrical infrastructure including fibre optic cable and for the
purposes of installing, maintaining, operating, repairing, replacing, reconstructing and
removing same including all necessary trenches for underground placement of electrical
wires, fibre optic cable, drop boxes and related equipment and all necessary poles and
anchors, overhanging wires, with guys and braces, for overhead placement;
b. Grants the Transferee the right to cut and remove or trim and keep trimmed all trees on
the subject property that may interfere with the safe and efficient operation of the
fibre optic conduit and cable;
c. Grants in perpetuity to the Transferee, its successors and assigns, free and
uninterrupted access across the property to the east, more specifically described as Part
2, Plan 41R-3393, for the purposes of accessing the subject property;
d. Covenants that without the consent in writing of the Transferee, it will not place or
remove any fill or improve any part of the subject property within 1.5 metres of the
fibre route ("the route lands") including the erection of any pole, structure or building or
do any other construction above or below the surface. Notwithstanding above, the
Transferor may improve the route lands by applying a standard surface treatment
(asphalt, gravel, seeding/sodding with grass, etc) provided such permitted
improvements do not interfere with the operation or integrity of the fibre optic conduit
and cable;
5. The Transferor hereby releases the Transferee from any and every claim which may or might
arise out of the proper exercise by the Transferee of any of the rights granted by this Grant of
Easement and accepts the consideration mentioned above in full satisfaction of all such claims
save and except the Transferor shall not be responsible for damage due to normal use of their
property including heavy vehicle movement. Notwithstanding above, if the fibre optic conduit
or cable is damaged due to negligence on behalf of the Transferor, its licensees, successors,
assigns, servants, agents, workmen and contractors, the Transferor is responsible to repair same
at their cost.
6. It is understood and agreed by and between the parties hereto that the burden of this Grant of
Easement and of all the covenants herein contained shall run with the easement lands herein
described, and the benefit of this Grant of Easement and of all the covenants herein contained
shall run with all other lands and interest in lands, owned, occupied or used by the Transferee,
its successors and assigns, for the purpose of achieving access to the subject property.
7. After entry upon the subject property, the Transferee agrees to restore the lands to
substantially the same condition they were prior to their entry thereon at the sole expense of
the Transferee.
8. The Transferor covenants with the Transferee that it has the right to convey the said rights and
easement over the subject property to the Transferee and that the Transferee shall quietly
possess and enjoy the rights and easement, and that it will execute such further assurances of
the rights as may be required from time to time.
9. All covenants herein contained shall be construed to be several as well as joint and wherever
the singular and the masculine are used in this Transfer and Grant of Easement, the same shall
be construed as meaning the plural or the feminine or neuter where the context of the parties
hereto so require.
10. The burden and benefit of this Transfer and Grant of Easement shall run with t he land and shall
extend to, be binding on and enure to the benefit of the parties hereto and their respective
successors and assigns.
DATED at
SIGNED, SEALED AND
DELIVERED in the
Presence of
this day of January, 2013
THE CORPORATION OF THE TOWN OF TILLSONBURG
Donna Wilson
~ot
Mark Renaud
Deputy Mayor
Edwin Earl Mclauglin
DATE
DATE
7£, A tfL 6 1 I ~'-~/1 ')
DATE
I have the authority to bind the corporation
I have the authority to bind the corporation
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