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2448 r COUNTY OF ELGIN By-Law No. 2448 "BEING A BY-LAW TO AUTHORIZE THE WARDEN AND CLERK TO SIGN AN AG]?EEMENT AND OPTION FOJ? EASEMENTS WITH THE MINISTRY OF THE ENVIIWNMENT IŒ: PART OF LOT 10, CONCESSION 1( TOWNSHIP OF BAYH1\M. " ~~ŒREAS the Ministry of the Eµvironment wishes to obtain, by agreement, an easement over property owned by the County, being part of Lot 10, Concession 1, Township of Bayham, for the purpose of laying a proposed watermain to serve the Village of Vienna. AND WHEI~EAS the Road Committee ha.s reconunended such an agreement, NOW THEREF01?E the Warden. and Clerk are hereby authorized to sign the said agreement, a copy of which is attached and forms part of this by-law. READ a first time this 16th day of March, 1977. READ a. second time this 16th day of March, 1977. READ a third time and finally passed this 16th day of March, 1977 ~~ j ~~ L. Johnson, D. K. Cook, Clerk Wa¡;-den , i ".1'-',-~~:-2Ë< SEM:rh S. E. Menzies, Property Officer Yours very Thanking you for your kind attention to this matter, and if I can be of further assistance please do not hesitate to call this office. truly, This matter has been discussed with Mr. Moore, Engineer for the County of Elgin and a copy of.a plan also attached showing subject property designated as a future widening of the road allowance. If you are successful, kindly return the two sets of the options duly signed and retain the third copy for your records. I understand that Council will meet on the 16 March, 1977 and that you will present the options at that time and hopefully arrange for an Order-in-Council passing a by-law giving the Ministry the right to the easement. Further to my telephone conversation of the 4 March, 1977, please find enclosed options in triplicate, for the above project. Elgin Area Secondary Water Supply System No. 2(Vienna) M. G. S. File #20-260-85 Vienna Re: Dear Sir: Mr. H. L. Johnson, Clerk- Trea surer, 9 Gladstone Ave., St. Thomas, Onto N5R 2L3 Ii Ii I March 4, Services Realty Services, 13th floor, Ministry of Government 1977 Area code 416 Telephone 965-1442 Ferguson Block Queen's Park Toronto Ontario tr lVJ Ontario RECEIVE[1 1"!.;::U~ "1 1971 (iv) Upnn the cnmpletion of the constructinn nf the afonsàid.sewer/water main nr mains and nf any instal- lation, replaee~nt, maintenance, inspection, repair, alterati(}n Qt' ,removal wnrk subsequent thereto., the Crown shall fill in all excavatinns in the strip and as far as practicable restoré the surface therenf to the same cnndition as that in which it wøf(}und prior to the cnmmencement of the wnrk and shall remnve all equipmtnt and rubbish, (iii) For the servants, agents, contractnrs and workmen of and nther persons duly authorized by the Crown at all times and frnm time to. time to pass and repass with all plant, machinery, material, vehicles and equipment as may be necessary alnng the strip for all purpnses necessary or incidental to the exercise and for the enjoyment nf the rights and easements herein set fnrth; (i) Tn enter and lay down, install, cnnstruct, maintain, npen, inspect, add tn, alter, repair and keep in gnnd condition, remove, replace, relocate, reconstruct, 'supplement and operate one or more sewer/water mains or any part therenf, including all appurtenances necessary 0..rlncide9tal \peretn, no., in, across, under and through a strip of the said property (herein called "the ~rip") twentY','Idve \25 , feet wide, the finallncation nf which the Crnwn will cnnfirm by survey. P1US¡8 tCdmporary working e¡lSement as shown in green on tiUac 1ed rawing (ii) Tn keep the strip clear of all brush, trees and other obstructinns nf any nature whatsnever as may be neces- sary to the exercise and fnr the enjnyment nf the rights and easements herein set forth; 2, of lawful mnney nf Canada, now paid by the Crnwn to the Owner (the receipt nf which is hereby acknnwledged), the OWl\er hereby grants to the Crown the snle and exclusive nption, irrevncable within the time for exercise herein limited, to purchase the follnwing rights and easements over and with respect to. the said prnperty: (a) In consideration of the sum of-- -- ----ONE-...........- ...-- --... -- -----... ----..---... Dollars (as shown on attached drawing in red) I , The Owner follows is entitled to, Part Lot in fee 10, ConcessiQn 1 the Rayahm Twp. property County of Elgin simple absnlute and in possession, more particularly described as Wítn1'55rtb ~Ä ~~JQOO!;IG'IIØI'f¡3HlWý~~¡¡;M (, and J$rr ;fflaít5tp ~bt <muttn 1In l\ígbt ~f ~ntarío ~5 l\rprt5tnttb j@p ~bt JJlíní!ittr ~f ~be (/fnuíronmtnt hereinafter called Ihe "Crown" OF THE SECOND PART and hereinafter called Ihe "Owner' OF THE FIRST PART j@tt\tlttn THE CORPORATlON OF THE COUNTY OF ELGIN ~,... .\<,:-, ;:'):,': .,...., Œf)íft Sgrttment anb f9ptíon made Ihe 16th VUlàge of Vienna Provincafl day of -~,"?tf~ Water Works Programme #5-012' 77 March ,1 9 .......................................'................................................... per ( ) , For the MinÎster of the Environment For and on Behalf of Her Majesty The Queen in Right of Ontario In the Presence Of: > ~ílJntb ~ta(tb anb Jedíbmb , 8 8 8 13. This agreement shall enure to the benefit tors, administrators, successors and assigns. 3Jn ilŒítnt~~ ilŒbtrtof the said parties hereto lave hereunto set their hands and seals. The Party ,of the Third Part joins herein for ,e purpose of covenanting and agreeing and she does and agree to execute the grant, rights and easements for the purpose of barring her dower. of and be binding upon the parties hereto. their respective heirs, execu- 2. Ian The Owner covenants and agrees with the Crown to do nothing to encumber the said agreement and while the same ¡sin effect without the written consent of the Crown. th hereby cove· In tile event that the Crown should, after the date of the ex'ecution of this agreement and prior to the exercise by the 'option granted herein, obtain the above·mentioned rights and easements over and with respect to the said property by expropriation rather than by the exercise of the option granted herein, the Owner hereby agrees to execute the Crown's usual form entitled, "General Release of All Demands" in consideration of the samesum as the purchase price of the said rights and easements contained in paragraph 6 hereof. II. tlús land after the execution of O. t of 9. The Contract of sale arising from the exercise of this option shall be completed on a date to be determined by the Crown, and to be notified to the Owner in the manner hereinbefore set forth for the exercise of this option. On the said date Ihe Owner will execute and deliver to the Crown a grant of the said rights and easements. The grant of the said rights and easements is to be prepared at the expense of the Crown and is to be on the Crown's form :IIJ(K!It, The0994 Crown will supply to the Owner, at the expense of the Crown, a copy of the survey made of the final location of the strip as referred to in paragraph 2(i) hereof. 8. Prior to the completion of the sale the Crown may serve on the Owner. in the manner hereinbefore set forth for the exercise of this option, such description of the strip as may be determined' by survey referred to in paragraph 2(i) hereof together with a description of the rights and easements as the Crown in its sole discretion may deem expedient to be prepared by and at the expense of the Crown, and thereupon the Crown and the servants, agents, contractors, and workmen of, and other persons duly authorized by the Crown, or any of them, may enter upon and may use and enjoy the said rights and easements for the purposes of the Crown. 7 The Crown, its agents or solicitors may make requisitions on title at any time or times until the completion of the sale and the Owner shall take such steps as may be necessary to satisfy such requisition or requisitions prior thereto. If the Owner shall be unable to satisfy such requisition or requisitions the contract arising out of the acceptance of this option shall, át the option of the Crown and nohvithstandingany intermediate acts or negotiations in respect of such requisition 'or requisitions. be null and void· and all moneys. paid to the Owner pursuant to the said contract (inclùding the sum paid for the granting of this option) shall be returned by the Owner without interest and the Crown shall not be liable or responsible for any payments, expenses or damages, 6, The purchase price of the said rights and easements shall be $1.00 Lump ~1ØUllømUC"1IIIX $ ~ for the said rights and easements. The sum of $ already paid 10 the Owner as consideration for Ihe granting of tlús option shall be Credited to the Crown and allowed as part of the purchase price and the balance of the purchase price shall be payable by cheque on the completion of the sale, sum 5. In the event of and upon the exercise of this option by the Crown, its agents or solicitors in the manner aforesaid this option and the exercise thereof shall-then become a binding contract of sale and purchase between the parties here- to and the same shall be completed upon the terms herein provided for. Provided that the title is good and free from all encumbrances except such as, at the option of the Crown, the Crown may in writing expressly accept. 4. In the event that this option is not exercised in the manner aforesaid, this agreement and everything herein con. tained shall be null and void and no longer binding upon any of the parties hereto. and the Crown shall not be liable or responsible for any payments, expenses or damages and the Owner shall be entitled to retain the said sum paid as con- sideration for the granting of this option. ~. 3. The option hereby granted shall be open for exercise by the Crown, its agents or solicitors up to, but not after the expiration of a period of 2 years from the· date of this agreement, and may be exercised by a letter, telegram or other similar communication delivered to the Owner, left at the Owner's last known place of residence or mailed in a stamped envelope addressed to the Owner at his last known place of residence. The-exercise shall be effective when delivered, left or mailed in the manner aforesaid. MOE 0995 '" .. 8 0- - o ~ of the in the make oa~h and say 'See footnote I am a subscribing witness to the attached instrument and was present and saw it executed at by 'See footnole I verily believe that each person whose signature I witnessed is the party of the same name referred to in the instrument. SWORN before me al the } in the this day of 19 A COMMISSIONER FOR TAKING AFFIDAVITS, ETC. *Where a party is unable to read the instrument or where a party signs by maki,¡g his mark or in foreign characters add "àfter instrument had been read to him and he appeared fully to understand it". Where executed under a power of attorney insert "(name of attorney) as attorney for (name of party) "; and for next clause substitute "/ verily believe that the person whose signature 1 witnessed. was authorized to execute the instrument as attorney for (name) ". 8/76 ~>- Z!;;O "''''- ::;;~eo:: z"':"': O::;;~ eo::eo::Z _",0 ~::c'" ",...0 ",0'" ::c...::c ......¡<.:> ......:ë2 O::CZ oc:"'- ","'Z ...Z'" ",0'" ~Q;¡ _ZCI ""...:'" "'eo::::C ¡:O'" ... = a -- ...... Q.'tA ~= ~ ~ =: as ~ 'tA ...... as s~ =: w ~ a ~ - t; m ~u ~~O ... Z '" ::;; Z ° e;¡ > Z '" '" ::c ... ... ° >- ~ ~ ::;; 11 'E "" ¡)\ "" i5 _ <.J - "" '" .. '" " e ¿¡; 0 .;< E ~ ¡;¡ ~ ~ :::s c.. ~ <.J e." 0'- 01) ~'" <.:> ì: ... " ce-. ~ ..: t 0;;....0= ~_ 0 CI :: õI ¡¡; 'ä ~ '5 :¡j ::: o - <.J o E <: o ~ . u/1pJlJV'{ pal:!h:)W RECEIVED JUN2 3 Ontario 1977 :Jth ~'loor Ministry of Area code 416 Ferguson Block Government Telephone Queen's Park Services 965-1141 Toronto Ontario LEGAL BRANCH June 17, 1977 The Corporation of the County of Elgin 9 Gladstone Avenue St. Thomas, Ontario N5R 2L3 Dear Sirs: RE: Purchase of Easement over Pt. Lot 10, Cone. 1 Twp. of Bayham Our File: PE 77-1003 This is further to the letter to you dated June 3, 1977 from Mr. R. C. Wolvin, Chief of Negotiations, Ministry of Government Services. Please be advised that our Branch is acting for the Ministry of Environment with respect to the purchase of this easement from you, and we will provide you shortly with the documentation for your execution, as soon as we have received a copy of the survey from our surveyors. ~ ,,,/- / "_.: /. r / / .~ /-ZO->- . J. Shantora Director per: Edward B. Middleton Solicitor /db c.c Mr. R. C. Wolvin - 20-260-85 Vienna-l Mr. W. A. Gray S - As requested in your letter of June 15 1977 enclosed herewith is copy of option 0---r--,:·<¡<::>-,' <~l / ViUa~()fVienn.~..prOViÍ1¢aiO>=~ér WOrks progt"am~:~£¥~" !lgTttífn:ntanbc9ption made Ihe 16th day or March .19 77" :l9rt\Urrn THE CORPORATION OF TIlE COUNTY OF ELGIN hereinafler called the "Owner" OF THE FIRST PART and ~rr Æflaír~t!' ~br ~urrn 3In ]Rígijt Q&( Q&ntarío %(~ ]Rrprr~rntri) ~!' ~bl' :ffiíníj)trr Q&( ~bl' ~nbíronmrnt hereinafter called the "Crown" OF THE SECOND PART and \V¡1!<;¡ØP€lfcl«)'i:lGMr XHKiIOOfX¡¡¡JfJl;Xl2eX~odX~" Wítnrj)~rtb 1. The Owner is entitled to, in ree simple absolute and in possession, the property more particularly described as follows: Part Lot 10, Concession 1, Bayahm Twp., County of Elgin (as shown on attached drawing in red) 2, (a) Inconsideration of the sum of-.. -- ...---ONE------ ________ ______..._ _________ Dollars of lawful money of Canada, now paid by the Crown to the Owner (the receipt of which is hereby acknowledged), the OWl1er hereby grants to the Crown the sole and exclusive option, irrevocable witlún the time for exercise herein limited, to purchase the following rights and easements over and with respect to the said property: (i) To enter and lay down, install, construct, maintain, open, inspect, add to, alter, repair and keep in good condition, remove, replace, relocate, reconstruct, supplement and operate one or more sewer/water mains or any part thereof, including all appurtenances necessary or incidental thereto, on, in, across, under and through a strip of the said property (Iterein called "the strip") twentymlfive (25') feet wide, the final location of which the Crown will confirm by survey. ~lus a dem~rary working easement as shown in green on a tache dfJ win&, (ii) To keep the .trip clear of al brush, es and other obstructions of any nature whatsoever as maybe neces- sary to the exercise and for the enjoyment of the rights and easements herein set forth; (iii) For the servants, agents, contractors and workmen of and other persons duly authorized by the Crown at all times and from time to time to pass and repass with all plant, maclúnery, material, vehicles and equipment as may be necessary along tlte strip for all purposes necessary or incidental to the exercise and for the enjoyment of the rights and easements herein set forth; (iv) Upon the completion of th~ constrnction of the aforê.àid sewer/water main armains and of any instal- lation, replacement, maintenance, inspection, repair, alteration or:J'emoval work subsequent thereto, the Crown shall fill in all excavations in the strip and as far as practicable restore the surface thereof to the same condition as that in which it w.. round prior to the commencement of the work and shall remove all equipment and rnbbish. per ( ) ~ílJntb ~ta(tb anb :lJ9tHbmb In the Presence Of: ~ , , > For the Minister of the Environment For and on Behalf of Her Majesty The Queen in Right of Ontario F ELGIN . /f¡~ ~ ~...... ~ :- i&¡¡¡¡"'';;:V' ',;~"'" .,...........,..,..,... ",."" "aJ:'den ......... 'w¡"i~',; 'šig~~i~~~""'"'''''''''''''''''''''''' .~efL..~-2 Ytfer .........,......................... COUNTY 8 8 8 3In This agreement shall enure to the benefit administrators, successors and assigns. mítnt~~ mbtrtof the said parties hereto have hereunto set their hands and seals. 3 tors, of and be binding upon The Party .of the Third ParI joins herein for the purpose of covenanting and agreeing and she does and agree to execute the grant, rights and easements for the purpose of barring her dower. the parties hereto their respective heirs, execu~ 1.1 The Owner covenants and agrees with this agreement and while the same is in effect 12. Itant the Crown to do nothing to encumber the without the written consent of the Crown hereby COVCe said 10. In the evenllhal the Crown should, after the date of the execution of this agreement and prior to the exercise by it of the option granted herein, obtain the above-mentioned rights and easements over and with respect to the said property by expropriation rather than by the exercise of the option granted herein, the, Owner hereby agrees to execute the Crown's usual form entitled, "General Release of All Demands" in consideratiü'nofthe same sum as the purchase price of the said rights and easements contained in paragraph 6 hereof. land after the execution of 9. The Contract of sale arising from the exercise of this option shall be completed on a date to be determined by the Crown, and to be notified to the Owner in the manner hereinbefore set forth for the exercise of this option. On the said date the Owner will execute and· deliver to the Crown a grant of the said rights and easements. The grant of the said rights and easements is to be prepared at the expense of the Crown and is to be on the Crown's form n1ad, The0994 Crown will supply to Ihe Owner, at the expense of the Crown, a copy of the survey made of the final location of the strip as referred to in paragraph 2(i) hereof. 8, Prior to the completion of the sale the Crown may serve on the Owner, in-the manner hereinbefore set forth for the exercise of this option, such description of the strip as may be determined by survey referred to in paragraph 2(i) hereof together with 3 description of the rights and easements as the Crown' in its sole discretion may deem expedient to be prepared by and at the expense of the Crown, and thereupon the Crown and the servants, agents, contractors, and workmen of, and other persons duly authorized by the Crown, or any of them, may enter upon and may use and enjoy the said rights and easements for the purposes of the Crown. 7. The Crown, its agents or solicitors may make requisitions on title at any time or times until the completion of the sale and the Owner shall take such steps as may be necessary to satisfy such requisition or requisitions prior thereto. If the Owner shall be unable to satisfy such requisition or requisitions the contract arising out of the acceptance of this option shall, at the option of the Crown and notwithstanding ,any intermediate acts or negotiations in respect of such requisition or requisitions, be null and void and all moneys paid to the Owner pursuant to the sa,id contract (including the sum paid for the granting of this option) shall be returned by the Owner without interest and the Crown shall not be liable or responsible for any payments, expenses or damages. 6. The purchase price of Ihe said rights and easements shall be $ 1.00 Lump sum ~üaI':'¡KRiJ{~MX $ J\1KKiltx¡, for the said rights and easements. The sum· of $ already paid 10 the Owner as consideralion for the granting of this option shall be credited to the Crown and allowed as part of the purchase price and the balance of the purchase price shall be payable by cheque on the completion of the sale. In tHe event of and upon the exercise of this option by the Crown, its agents or solicitors in the manner aforesaid option and the exercise thereof shall-then become a binding contract of sale and purchase between the parties here. nd the same shall be completed upon the terms herein provided for. Provided that the title is good and free from all encumbrances except such as, at the option of the Crown, the Crown may in writing expressly accept. 5. this to a 4. In the event that this option is not exercised in the manner aforesaid, this agreement and everything herein con. tained shall be nuJJ and void and no longer binding upon any of the parties hereto. and the Crown shall not be Hable or responsible for any payments, expenses or damages and the Owner shall be entitled to retain the said sum paid as con. sideration for the granting of this option. 3.. ... 171(~·optionberebygrantedshall.· be·opell.for exercise by the Crown,its.agentsorsoticitors up to. but not after the expiration of a period of 2· years from the date of this agreement, and may be exercised by. a letter,telegram or otller similar communication delivered to the Owner, left at the Owner's last known place of residence or mailed in a stamped envelope addressed to the Owner at his last known place of residence. The· exercise shall be effective when delivered, Jeft or mailed in the manner aforesaid. Clerk HLJ 11mX' f;n<.:11. áC'" "n. C. \'/o,lv1n J/linhtry of ¡'::í,)\H$n\:¡,~,mt H",<",lty ¡J(¡)~:vi\\1!~ Hranch. 3q¡r1l':!.ae¡¡¡ Warden H. L. Johm¡¡on" County Clork-Tr~aaur~r Y(>u:r\~ vt¡¡¡ry 'tr..¡J,y t hçj'X'1ßm¡\I':!nt I!1il!mt to I¡..a All! of th1$ dðtG, I h'Wé not received ~. copy of 'I:.h~'¡ f1l\d it \1o\.d,d bíi1 ap¡.,ra¡¡¡iated H': the xoquclJ'1;¡;¡d COP'! at your '¡¡~.rlia$t cOlìv"nienctd. .130 You \4Ul ¡((,ie th¿¡,t I i\g:r<)\!)!~t~ntf ~,h~n ¡;¡.i\Jn4iJd by 1:1\", ¿¡Pi to ¡¡l¡;~ fO;I;- O\\1t fU.os. :r.~,qUQwl:f)d that om~ øopy X!oP't'.1,;¡to ZîlinÜd::l:Y', blf.> of ti:h l'¢)tu; ;.!l'"d. ll,u,/¡¡Ií\ fil1d enCliiHMi¡d ¡,'\ CQPy of a ),Gi:tel f:r¡;¡¡¡\ the M:í.td.BtXY \Jf Cì()V'c.;rnm'J¡f\t B,)~vicIiIS trhioh ;, r¡¡¡oeived j'1\;¡;¡t¢1'day :r'W~lt",J:'dinqth;~ <li.)oV'(,\) mlilî\tii.';!!,\E;d \Î;)aa¡¡,nnent ctnd (¡laQ 'I copy ()f' the lli:t;'I:~n' ,!<;r!;ed ¡'lurch ll.ìf ,urn, {j,ck\:nHlßi;,d to T1I1;) î,\iniatry 01: HQVé:ttllníŒIt\t ÚorvicEI$t v¡h.i~h Ml:!ìom.paniéd thl,1 oop1eG of thi'italilid i\\J¡:'\)~!,¡ønt ai'Jl1!JJd by the ~¡ardl1m (.md ti!'¡I'IiIGJJ:'. iì¡¡): Y,inÜ¡txy of thí ¡ En"l1;ron,((¡¡¡rr!:, }~¡¡¡t;e¡¡¡ant OVtn· Ft. Lot: 10, (it.)!,. 1, TCf\'Il1$M,p (,;f J3$yh(!¡n, >ii¡Ü at¡¡::ï.J?i Ie :20-26(ì wß..5-Vi<i1'H\tI ..], ~",",,". '-~.'~. ..:' ""'--,¡jo,,.-....-.~.,'''''')----.-...-~ DIlt)(~r Sil': ., . ......¡ ìi< 'to):' Floc»)'- FØ1"9UI'¡QI.'¡ '",UiiiI;¡¡n'lJ I 'I'o~:onto. dloolz a:¡:k: Untüd,cI I' b,,:'f¡ .' .Ú ¡;:;)',., ¡JY ~'.. ~, tr ¡ ~;" J r Juna 15, 19'7'1 ~ W Ontario Ministry of Area code 416 Ferguson Block Government Telephone 965-4770 Queen's Park Services Toronto Ontario Realty Services Branch 880 Bay Street 4th Floor RECÐVED ,Hi i't t '* í977 REGISTERED The Corporation of the County of Elgin 9 Gladstone Avenue St. Thomas, Ontario N5R 2L3 Attention: H.L. Johnson, Clerk-Treasurer D.K. Cook, Warden Dear Sirs: RE: Ministry of the Environment Proposed Easement Over Pt. Lot 10, Con. 1 Twp. of Bayham OÜr File: 20-260-8-5- Vienna-l I wish to advise you that the Ministry of Government Services, as agent for the Ministry of the Environment, hereby exercises our Agreement and Option for Easements dated March 16, 1977, in the amount of $1.00. If further information is required, please contact Mr. J. Shantora, Solicitor, 9th Floor, Ferguson Block, Queen's Park, Toronto, Ontario, or telephone 965-1141 Yours tru ( .flB Æ~ )\Q.,~' for W.A. Gray Director HW : Imr Encl. " H. L. County Johnson, Clerk..Treasurer Vihen the document having signinlJ' authority for to me for our records. Yours Very truly, Jws been signed by you or the person the liiinistry, plea se return one copy Enclosed please find three copies of tho i\greement and option you require re: E1çJin Area Secondaryliater Supply System No. :>. (Vienna) M.G.S. File 1/20-260..85 Vienna, siç:mcd by the Warden émd myself on behôlf of the County of Elg'in. 1 Denr The Ministry of Government Mr. S. E. Menzies j;ropeI'ty Officer j'(eal ty ~3ervi cas 13th Floor Ferguson Block Queen's Fark ~roronto, Ontario h}¡rlt ,>. i JJlen~? es Ser'lÌc6s March 18, 1977