3679 Schedule "A" - To authorize an agreement of easement between the Corporation of the Town of Tillsonburg and Packet - Tel CorporationTHIS AGREEMENT OF EASEMENT, made in triplicate on the/'-/ day of January, 2013
Between
THE CORPORATION OF THE TOWN OF TILLSONBURG,
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,
Concession 6 NTR Middleton, Part 5, Plan 41R-7672 herein ("the subject property").
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. 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. 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.
6. After entry upon the subject lands, to restore the lands to substantially the same condition they
were prior to their entry thereon at the sole expense of the Transferee.
7. 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.
8. 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.
9. 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 this day of January, 2013
SIGNED, SEALED AND
DELIVERED in the
Presence of THE CORPORATION OF THE TOWN OF TILLSONBURG
) ~ ) 3c~ L L( /I 3
) Donna Wilson
/l~ DATE
0il&l b{ ~1 'f -'Lu l!l
Mark Renaud
Deputy Mayor DATE
DATE
I have the authority to bind the corporation
CJ
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APPENDIX A-"SUBJECT PROPERTY"
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