3678 Schedule "A" - To authorize an agreement between the Corporation of the Town of Tillsonburg and Packet - Tel CorporationTHIS AGREEMENT OF EASEMENT, made in triplicate on the /L{ day of January, 2013
Between
THE CORPORATION OF THE TOWN OF TILLSON BURG,
Hereinafter called the "Transferor",
-and-
PACKET-TEL CORP,
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 PT LT 2 and
3, Concession 5 NTR Middleton, Parts 1 & 2, Plan 41R-8855 herein ("the subject property").
2. The Transferee and or their designate will install fibre optic conduit and cable on the subject
property upon receiving notice from Edwin Earl Mclauglin And Ewart Arnold Mclaughlin or their
successor or assign that the temporary fibre route permitted across their 10 Clearview Dr
property is no longer permitted.
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. 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 by applying any surface
treatment other than pavement or other standard parking lot treatment or erecting any
pole, structure or building or do any other construction above or below the surface
(other than seeding or sodding with grass);
c. 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.
5. The Transferee hereby acknowledges and agrees that it will be responsible for all costs of
relocating the fibre from the 10 Clearview Drive property to the subject property as per the
terms and conditions contained in the Agreement between Edwin Earl Mclaughlin and Ewart
Arnold Mclaughlin and the Corporation of the Town ofTillsonburg and that it will, upon thirty
(30) days notice in writing, remove and replace the fibre from the 10 Clearview Dr property to
the subject property within ninety (90) days. Further, the Transferee covenants that it shall
indemnify and hold the Transferor harmless from all costs, damages, claims, demands, liability,
causes of action and proceedings of any kind whatsoever and howsoever arising whether in
contract, tort, equity, statute or by law from any person, corporation, entity or partnership,
including the Transferee and its employees, officers, agents, contractors, directors and
shareholders) due to the Transferee's obligation to move the fibre from 10 Clearview Drive to 20
Clearview Drive.
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. The Transferee agrees to restore the lands to substantially the same condition they were prior
to their entry thereon at their sole expense.
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 the 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 ·}L / Lf · day of January, 2013
THE CORPORATION OF THE TOWN OF TILLSONBURG
Donna Wilson
CLERK
Mark Renaud
DEPUTY MAYOR
DATE
DATE
I have the authority to bind the corporation
DATE
I have the authority to bind the corporation
APPENDIX A-"Subject Property"
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