2871-2011 Drainage Easement Agreement (Foley)
BEING A BY-LAW TO ENTER INTO AN AGREEMENT WITH DENNIS ANTHONY FOLEY
Passed by Council March 7, 2011
CORPORATION OF THE TOWNSHIP OF AUGUSTA
BY-LAW NUMBER 2871
BEING A BY-LAW TO ENTER INTO AN AGREEMENT WITH
DENNIS ANTHONY FOLEY
WHEREAS the Municipal Act, 2001 c. 25 S.C. 2001 section 8 allows for the Powers of a Natural
Person and those powers may include the entering into an agreement.
NOW THEREFORE the Council of the Township of Augusta hereby enacts as follows that:
1. That the Township of Augusta enter into an agreement with Dennis Anthony Foley for
drainage facilities on and through the property more particularly described as follows:
Part of Lots 12, 13 and Part of the Road Allowance
between Lots 12 and 13, Concession 2
Township of Augusta, County of Grenville
being Part 1, on Plan 15R-11230
being Part of PIN 68166-0119 (LT)
2. The Reeve and Clerk are hereby authorized to sign the agreement on behalf of the
Corporation of the Township of Augusta.
READ a first and second time this 7th day of March, 2011.
READ a third time and passed this 7th day of March, 2011.
Signed by Reeve Mel Campbell and Clerk Richard Bennett
DRAINAGE EASEMENT AGREEMENT
Dated this 18th day of February, 2011
BETWEEN:
DENNIS ANTHONY FOLEY,
the Grantor
-and-
THE CORPORATION OF THE TOWNSHIP OF AUGUSTA,
the Grantee
WHEREAS the Grantee desires to acquire an easement for the purpose of the
maintenance of a drainage tile and drainage facilities on and through the property more
particularly described as being Part 1, Plan 15R-11230, and having a Property
Identification Number of 68166-0119;
AND WHEREAS the Grantor is willing to grant an easement to the Grantee for the
aforesaid purpose on the terms and conditions set out below.
NOW THEREFORE, for good and valuable consideration by the Grantee to the
Grantor, the covenants of the Grantee herein contained and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor
does hereby grant, and for and in consideration of the easement rights herein granted and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Grantee does hereby covenant and agree as follows:
1. Grant of Easement
The Grantor does hereby grant and convey to the Grantee, its successors, assigns, lessees,
licensees and agents, an easement under and through the Easement Property, for the
purpose of providing and maintaining a drainage tile and drainage facilities. The Grantee
shall also have the specific rights of ingress and egress, consistent with this Easement
Agreement, for the construction, reconstruction, operation and maintenance of the
drainage tile and drainage facilities, consistent with the easement provided herein.
Subject to the other terms and conditions of this Easement Agreement, the Grantee shall
also have the right to remove impediments to the operation and maintenance of the
Easement Property. The Grantee further agrees all construction, reconstruction,
operation, maintenance, removal and any other activities which disturb the Easement
Property will be coordinated with the Grantor so as to minimize any disruption of the
Grantor’s property.
2. Unencumbered Title
The Grantor warrants that the Easement Property granted herein is granted free and clear
of all liens and encumbrances.
3. Operation and Maintenance
The operation and maintenance of the drainage facilities described herein and located
with the Easement Property shall be the responsibility of the Grantee. The Grantor
acknowledges and agrees that the Grantee has the right to enter the Easement Property to
maintain and operate the drainage facilities.
4. Grantor Defined
The word “Grantor” as used herein, whenever the context requires or permits, shall
include the heirs, personal representatives, beneficiaries, successors, grantees and assigns
of the owners of the land through which the easement runs, or the respective owners from
time to time of portions thereof. The burdens and benefits of this Easement Agreement
shall be deemed covenants running with said easements and said land. Notwithstanding
any contrary provision in this Easement Agreement, however, any obligation under this
Easement Agreement which is to be performed by the owner of any land which is
burdened by this Easement Agreement shall be enforceable only against the then owner
of such land, and not against any such owner’s predecessors in interest.
5. Covenants of Grantee
The Grantee hereby represents, covenants and warrants in favour of the Grantor, and its
successsors and assigns, as follows:
(a) The Grantee shall protect the Easement Property, and the adjacent lands of the
Grantor over which the Grantee has rights of ingress and egress, from damage
caused, in whole or in part, by acts or omissions of the Grantee, its employees,
agents, contractors, subcontractors, assigns, lessees, licensees and agents.
6. Retained Rights
The Grantor shall have all rights to the Easement Property’ not granted hereby.
7. Miscellaneous
(a) Except as otherwise expressly provided herein, all provisions herein contained,
including the benefits, burdens and covenants, are intended to run with the land
and shall be binding upon and inure to the benefit of the respective successors
and assigns of the Parties hereto.
(b) This easement constitutes all of the agreements, understandings and promises
between the Parties hereto, with respect to the subject matter hereof.
(c) This easement shall be of no force and effect until this easement is duly and
validly executed by all Parties hereto.
IN WITNESS WHEREOF the Parties hereto have executed this Easement Agreement
as of the date and year first above written.
Signed by Dennis A. Foley, Grantee and Reeve Mel Campbell, Reeve and Richard Bennett, CAO
