2020-047 To Enter into an Agreement with Future Transfer Co. IncTHE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 2020-047
A BY-LAW to enter in an agreement with the Future Transfer Co. Inc.
WHEREAS the Corporation of the Town of Tillsonburg is desirous of entering into an
agreement with the Future Transfer Co. Inc. for an easement across the property
described as Parts 1, 2 and 3, Plan 41 R-8031 in the Town of Tillsonburg, County of
Oxford, and more particularly, as Part 1, Plan 41 R-9989.
BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of
Tillsonburg as follows:
1. THAT the easement agreement attached hereto as Schedule A forms part of this
by-law;
2. THAT the Mayor and Clerk be hereby authorized to execute the attached
easement agreement on behalf of the Corporation of the Town of Tillsonburg;
3. THAT this By-Law shall come into full force and effect upon passing.
D SECOND TIME THIS 11th day of MAY, 2020.
AL TIME AND PASSED THIS 11th day of MAY, 2020.
A YOR -Stephen Molnar
l .
TOWN ClERK-iCheiieSI
By-Law 2020-047 Schedule A
WHEREAS
EASEMENT AGREEMENT
DATED THIS JJ!!:. DAY OF MAY, 2020
BETWEEN:
THE CORPORATION OF THE TOWN OF TILLSONBURG
of the First Part
(hereinafter referred to as the 'Town")
and
FUTURE TRANSFER CO. INC.
of the Second Part
(hereinafter referred to as the "Owner")
The Owner owns certain property described as Part of Lot 1615 and 1616, Plan 500, and
Parts 1, 2 and 3, Plan 41R-8031 in the Town of Tillsonburg, County of Oxford (the
"Lands");
The Town requires an easement to be located on a portion of the Lands for underground
services which includes but are not limited to storm water sewer lines, associated pipes
and equipment, water in the storm water sewer lines and pipe and water running off or out
of the sewer lines and pipes and entering the creek located on the Easement Lands (the
"Services");
The Lands on which the Services are located is legally described as Part of Lot 1615 and
1616, Plan 500, designated as part of Part 1 on Registered Plan 41R-9989 (the
"Easement Lands");
The Town requires an easement over the Easement Lands pursuant to the terms of this
easement agreement (the "Agreement");
In consideration for the sum of $2.00, the receipt and sufficiency of such is hereby acknowledged,
the Owner grants the following easement in perpetuity to the Town for the Services over the
Easement Lands:
1. The Owner grants the easement to the Town over and under the Easement Lands for the
construction, operation, maintenance, inspection, alteration, removal, replacement,
reconstruction and/or repair of the Services and other works, pipes and equipment
connected thereto for the transportation of waters, together with the right of ingress and
egress to and from the Easement Lands for all purposes necessary or incidental to the
exercise and enjoyment of rights herein granted.
2. The easement is granted as and from the date hereof and for so long thereafter as the
Town requires the Services on the terms as contained in this Agreement.
3. The Owner shall have the right to fully use and enjoy the Easement Lands except as may
be necessary for the purposes herein granted to the Town and subject to the other terms
and conditions set out below; provided, however, that the Owner shall not, without the
prior written consent of the Town, excavate, drill, install, erect or permit to be excavated,
drilled, installed or erected on, over, under or through the Easement Lands any pit, well,
foundation, building or other structure other than one of a temporary nature.
4. Subject to the provisions of paragraphs 5 and 6 hereof, the Owner may erect a fence or
fences across the Easement Lands.
By-Law 2020-047 Schedule A
5. The Owner covenants and agrees not to construct a building or pole lines or other
permanent decorative works or other obstructions on the Easement Lands other than of a
temporary nature and should the Town wish to exercise its right to install or maintain the
Services as contemplated herein, the Owner covenants and agrees at its own expense to
remove such temporary structure for such installation of maintenance upon sixty 60 days
notice in writing given by the Town to the Owner.
6. It is understood and agreed between the parties hereto that the Owner may complete
improvements to the Easement Lands with consultation and approval by the Town. The
Owner agrees that upon completing any work on the Easement Lands the Town shall be
responsible only to the extent that it returns the Easement Lands, as closely as is
practical, to its pre-existing condition with the exception of replacing any large trees or
permanent decorative works or other obstructions which were located thereon.
7. The Owner covenants and agrees that no trees, other than what already exist on the
Easement Lands, shall be planted or cultivated on the Easement Lands except with the
express written approval of the Town.
8. The Owner agrees that in constructing, maintaining and operating the Services the Town
may install, replace or repair pipe and other equipment and appurtenances in, on, or under
the Easement in such manner that it or they may become affixed to the realty, the title to
such pipe and other equipment and appurtenances shall remain with the Town.
9. As long as the Town performs and observes the covenants and conditions contained in
this Agreement, it shall: peaceably hold and enjoy the easement hereby granted without
hindrance, molestation or interruption on the part of the Owner, or of any person claiming
by, through, under or in trust for the Owner.
10. The Town will carry out any work with respect to the Services as quickly and as
expeditiously as possible and with as little disruption to the business of the Owner, its
successors, assigns and tenants.
11. Prior to commencing any work on the Easement Lands and/or to the Services located
thereon, the Town will advise the Owner, in writing, and if required will provide for such
alternative access for pedestrians requiring access to the Lands, if required, during such
work and the Town will properly barricade the side of such work with such signs and
guardrails as are necessary under the circumstances. Notwithstanding the foregoing, if
as a result of any emergency, as determined by the Town, the Town should require
access to the Services then the Town may enter the Easement Lands without advance
notice to the Owner but will inform the Owner has soon as possible thereafter. The
parties agree that for the purposes of inspection the Town may enter the Easement Lands
without notice to the Owner.
12. The Town agrees that it will properly compact all trenches and excavations during such
work to the Services with a suitable material to acceptable engineering standards and will
replace all pavements (if applicable) with hot mix asphalt in a proper and workmanlike
manner.
13. All notices to be given hereunder to the Town may be given by personal delivery or
registered mail addressed to the Town at:
Town Centre Mall, 200 Broadway, 2nd Floor, Tillsonburg, Ontario N4G 5A7,
and to the Owner at
Univar Inc. 3075 Highland Parkway, Suite 200 Downers Grove, IL 60515 Attention:
Legal Department,
or any other address as the Town or the Owner may direct in writing from time to time and
any such notice made by personal delivery shall be deemed delivered upon receipt
thereof and notice delivered by registered mail shall be deemed to be given to and
received by the addressee five (5) days after the mailing thereof, postage prepaid.
14. The Owner will, if so requested by the Town, execute such further documents of title and
assurances in respect of the said land as may be required to perfect the Town's interest in
the Easement Lands.
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By-Law 2020-047 Schedule A
15. Nothing contained herein shall be deemed to vest in the Town any title to mines or
minerals in or under the Easement Lands, except only the parts thereof that are necessary
to be dug, carried away or used in the construction of the works by the Town and except as
hereinbefore provided, all such mines and minerals shall be deemed to be excepted from
the rights given to the Town in the Easement.
16. The Town covenants that it will not make any above ground installations upon (other than
the pipe emerging from the ground for the purpose of allowing water to enter the creek
located on the Easement Lands, line markers installed at the fence lines or any poles,
pedestals or equipment required by a utility as an assignee of the Town) or fence in any
part of the easement. Notwithstanding the forgoing, the Owner acknowledges that the
end of the pipe relating to the Services on the Easement Lands is above ground and shall
remain above the ground at all times.
17. The Easement is, and shall be, of the same force and effect as a covenant running with
the Lands, and this Agreement shall extend to, be binding upon, and inure to the benefit of
the successors and assigns of the Owner and the Town respectively. Wherever the
singular or masculine is used it shall be construed as if the plural or feminine or the neutral,
as the case may be, had been used, where the context or the party or parties hereto so
required. Where such construction is necessary the rest of the sentence shall be
construed as if the grammatical or terminological changes thereby rendered necessary
had been made. The recitals shall form part of the Agreement.
18. It is agreed that the Owner shall have the right to transfer its interest in the Lands and
covenants and conditions herein contained in one or more parcels and by one or more
conveyances, and conditions herein contained shall extend to and be binding upon and
inure to the benefit of each successor in title with respect to each and every parcel so
transferred.
19. The Town agrees to pay $16,300.00 to the Owner as compensation for providing the
easement.
20. The parties hereto hereby accept all the terms, covenants and conditions contained herein
and agree to carry out the same as therein set forth.
21. This Easement is an easement in gross over the entire Easement Lands.
22. The Owner covenants that it has the authority to grant the Easement to the Town.
Ill WITNESS WHEREOF the Town has executed and delivered this agreement as of the
day of May, 2Q20.
ION OF TI;IE TOWN OF TILLSONBURG
We have the authority to bind the Corporation.
IN WITNESS WHEREOF the Owner has executed and delivered this agreement as of the
__llfL day of May, 2020.
FUTURE TRANSFER CO. INC .
. T \l Per:(~ Chan-P"e-r.::e~ra~,=:G;;=;e.::ne.::r.::a:;:l 7M:Ca:'n::a:-:g::ec:-r-
I have the authority to bind the Corporation.
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