3166-2015 Drainage Easement Agreement (Caldwell)
BEING A BY-LAW TO ENTER INTO AN AGREEMENT WITH JUDITH EMMA CALDWELL
Passed by Council April 27, 2015
CORPORATION OF THE TOWNSHIP OF AUGUSTA
BY-LAW NUMBER 3166-2015
BEING A BY-LAW TO ENTER INTO AN AGREEMENT WITH
JUDITH EMMA CALDWELL
WHEREAS pursuant to the provisions of Section 8 of the Municipal Act, R. S. 0.
2001, c. 25, as amended, the Council of every municipality has the capacity, rights,
powers and privileges of a natural person for the purpose of exercising its authority
under this or any other act;
AND WHEREAS the Corporation of the Township of Augusta wish to enter into an
agreement with Judith Emma Caldwell for drainage facilities for the lands legally
described as Part of Lot 7, Concession 1 , Township of Augusta, County of Grenville
being Part 1 on Plan 15R-11670, and being part of PIN 68165-0205 (LT)
NOW THEREFORE the Council of the Corporation of the Township of Augusta
hereby enacts as follows that:
1. That the Corporation of the Township of Augusta shall enter into an agreement
with Judith Emma Caldwell for drainage facilities on and through the property
more particularly described as follows:
Part of Lot 7, Concession 1
Township of Augusta, County of Grenville
Being Part 1 on Plan 15R-11670
Being Part of PIN 68165-0205 (LT)
2. This By-Law shall be registered on the lands prior to registration of the Transfer
of Easement.
3. The Mayor and the CAO are hereby authorized to execute any documents
necessary to complete the securing of an easement on the said property and to
register same in the Grenville Land Registry Office.
4. This by-law comes into force and effect on the date of passing.
READ a first time and second time this 27 day of April, 2015.
READ a third time and passed this 27 day of April, 2015.
Signed by Mayor Doug Malanka and Clerk Pierre Mercier
DRAINAGE EASEMENT AGREEMENT
Dated this 17 day of June, 2015
BETWEEN:
JUDITH EMMA CALDWELL
(hereinafter referred to as “the Grantor”)
-and-
THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
(hereinafter referred to as “the Grantee”)
WHEREAS the Grantee desires to acquire an easement in gross for the purpose of the
maintenance of a drainage tile and drainage facilities on and through the property more
particularly described as Part of Lot 7, Concession 1, Township of Augusta, County of Grenville,
being Part 1 on Plan 15R -11670, and being Part of Property Identification Number (PIN) 68165-
0205(L T) and being hereinafter referred to as the “Easement Property”;
AND WHEREAS the Grantor is willing to grant an easement in gross 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 in gross 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 provisions 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
successors and assigns that 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 Judith Emma Caldwell (Grantor), Mayor Doug Malanka (Grantee) and Pierre Mercier (CAO)
Certified to be a true copy of the original July 7, 2015. Signature Annette Simonian, Deputy Clerk
