Loading...
HomeMy WebLinkAbout13 018 Transfer Easement (Reference Plan 3R9353) 773472 ontario limited Part 1 & Part 3 RML Project-task Services Ltd. Part 2 Inverhuron Homes Inc. Part 4 By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT vir �'+urcmrnK BY-LAW NO. 2013 - 018 BEING A BY -LAW TO AUTHORIZE TRANSFER EASEMENT ACKNOWLEDGEMENT AND DIRECTIONS WHEREAS Section 8 (1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to • enhance the municipality's ability to respond to municipal issues; AND WHEREAS pursuant to the said Municipal Act, Section 9 provides that a 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 Council of The Corporation of the Municipality of Kincardine deems it advisable to authorize transfer easements; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That The Corporation of the Municipality of Kincardine authorize transfer easements as follows: • 773472 Ontario Limited Transfer of Easement to The Corporation of the Municipality of Kincardine — Part 1 on Reference Plan 3R9353 • RML Project -Task Services Ltd. Transfer of Easement to The Corporation of the Municipality of Kincardine — Part 2 on Reference Plan 3R9353 • • 773472 Ontario Limited Transfer of Easement to The Corporation of the Municipality of Kincardine — Part 3 on Reference Plan 3R9353 • Inverhuron Homes Inc. Transfer of Easement to The Corporation of the Municipality of Kincardine — Part 4 on Reference Plan 3R9353 2. That the Mayor and Chief Administrative Officer be authorized and directed to execute, on behalf of the Council of The Corporation of the Municipality of Kincardine, the acknowledgement and directions attached hereto as Schedule 'A'. 3. That this by -law shall come into full force and effect upon its final passage. 4. That this by -law may be cited as the "Transfer Easement (Reference Plan 3R9353) By -law ". REA FIRST - : E D TIME this 21 day of February, 2013. - �Q Mayor Clerk d • REA 'THIRD an. ALLY PASSED this 21 day of February, 24'3. 0 Clerk _ - This is Schedule tt A " to By -Law ACKNOWLEDGEMENT AND DIRECTION N ° t'l$ gassed the day of Sbfuall 2013 TO: Gerard Hayes Murphy (Insert lawyer's name) AND TO: MCELDERRY & MORRIS (Insert firm name) RE: 773472 Ontario Limited Transfer Easement to The Corporation of The ('the transaction ") Municipality of Kincardine - Part 1 on Reference Plan 3R9353 (Insert brief description of transaction) This will confirm that: • I/We have reviewed the information set out this Acknowledgement and Direction and in the documents described below (the "Documents"), and that this information is accurate; • You, your agent or employee are authorized and directed to sign, deliver, and/or register electronically, on my /our behalf the Documents in the form attached. • You are hereby authorized and directed to enter into an escrow closing arrangement substantially in the form attached hereto being a copy of the version of the Document Registration Agreement, which appears on the website of the Law Society of Upper Canada as of the date of the Agreement of Purchase and sale herein. I/We hereby acknowledge the said Agreement has been reviewed by me /us and that I/We shall be bound by its terms; • The effect of the Documents has been fully explained to me /us, and I/we understand that I/we are parties to and bound by the terms and provisions of the Documents to the same extent as if I/we had signed them; and • I/we are in fact the parties named in the Documents and I/we have not misrepresented our identities to you. • I, , am the spouse of the (Transferor /Chargor), and hereby consent to the transaction described in the Acknowledgment and Direction. I authorize you to indicate my consent on all the Documents for which it is required. DESCRIPTION OF ELECTRONIC DOCUMENTS The Document(s) described in the Acknowledgement and Direction are the document(s) selected below which are attached hereto as "Document in Preparation" and are: o A Transfer of the land described above. ❑ / A Charge of the and described above. g/ Other documents set out in Schedule "B" attached hereto. `IuntciP y OP Dated at K1 ncfak lY , this a 1 day of �, U0 V , 20). WITNESS (As to all signatures, if required) � . `, it . THE ORPOR • E MUN CIPALITY OF KINCAR 1. LRO # 3 Transfer Easement In preparation on 2013 01 29 at 14:11 This document has not been submitted and may be incomplete. yyyy mm dd Page 1 of 1 Properties PIN 33293 - 0772 LT Interest/Estate Fee Simple ✓ Add Easement Description PT LT 29 PL 76 (SUBDIVISION OF PT W1/2 LT 1 CON 12); PT 1 3R8919; DESIGNATED AS PART 1 ON REFENCE PLAN 3R9353; MUNICIPALITY OF KINCARDINE Address KINCARDINE I Consideration Consideration $ 0.00 1 Transferor(s) The transferor(s) hereby transfers the easement to the transferee(s). Name 773472 ONTARIO LIMITED Acting as a company Address for Service P.O. Box 7 Listowet, Ontario N4H 3H2 1, THOMAS LAWSON KERR, have the authority to bind the corporation. This document is not authorized under Power of Attorney by this party. 1 Transferee(s) Capacity Share Name THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Acting as a company Address for Service 1475 Concession 5, R.R. #5 Kincardine, Ontario N22 2X6 [Statements Schedule: See Schedules ' Signed By Gerard Hayes Murphy 84 Woolwich Street acting for Signed 2013 01 29 Guelph Transferor(s) N1H 6M6 Tel 519 - 822 -8150 Fax 5198221921 I have the authority to sign and register the document on behalf of all parties to the document. Gerard Hayes Murphy 84 Woolwich Street acting for Signed 2013 01 29 Guelph Transferee(s) N1H 6M6 Tel 519 -822 -8150 Fax 5198221921 1 have the authority to sign and register the document on behalf of all parties to the document. Calculated Taxes Provincial Land Transfer Tax $0.00 File Number Transferor Client File Number: 130094 LAND TRANSFER TAX STATEMENTS In the matter of the conveyance of: 33293 - 0772 PT LT 29 PL 76 (SUBDIVISION OF PT W1/2 LT 1 CON 12); PT 1 3R8919; DESIGNATED AS PART 1 ON REFENCE PLAN 3R9353; MUNICIPALITY OF KINCARDINE BY: 773472 ONTARIO LIMITED TO: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE %(all PINs) 1. LARRY KRAEMER, MAYOR AND MURRAY CLARKE, CAO lam (a) A person in trust for whom the land conveyed in the above - described conveyance is being conveyed; (b) A trustee named in the above - described conveyance to whom the land is being conveyed; (c) A transferee named in the above - described conveyance; ✓ (d) The authorized agent or solicitor acting in this transaction for THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE described in paragraph(s) (c) above. (e) The President, Vice - President, Manager, Secretary, Director, or Treasurer authorized to act for described in paragraph(s) (, above. (f) A transferee described in paragraph () and am making these statements on my own behalf and on behalf of who is my spouse described in paragraph U and as such, I have personal knowledge of the facts herein deposed to. 3. The total consideration for this transaction is allocated as follows: (a) Monies paid or to be paid in cash 0.00 (b) Mortgages (i) assumed (show principal and interest to be credited against purchase price) 0.00 (it) Given Back to Vendor 0.00 (c) Property transferred in exchange (detail below) 0.00 (d) Fair market value of the land(s) 0.00 (e) Liens, legacies, annuities and maintenance charges to which transfer is subject 0.00 (f) Other valuable consideration subject to land transfer tax (detail below) 0.00 (g) Value of land, building, fixtures and goodwill subject to land transfer tax (total of (a) to (t)) 0.00 (h) VALUE OF ALL CHATTELS - items of tangible personal property 0.00 (i) Other considerations for transaction not included in (g) or (h) above 0.00 (j) Total consideration 0.00 4. Explanation for nominal considerations: o) Transfer of easement or right of way for no consideration. 5. The land is subject to encumbrance PROPERTY Information Record A. Nature of instrument: Transfer Easement LRO 3 Registration No. Date: B. Property(s): PIN 33293 - 0772 Address Assessment - KINCARDINE Roll No C. Address for Service: 1475 Concession 5, R.R. #5 Kincardine, Ontario N2Z 2X6 D. (I) Last Conveyance(s): PIN 33293 - 0772 Registration No. (11) Legal Description for Property Conveyed : Same as in last conveyance? Yes No ✓ Not known E. Tax Statements Prepared By: Gerard Hayes Murphy 84 Woolwich Street Guelph N1H 6M6 EASEMENT IN GROSS TERMS AND PROVISIONS OF THE EASEMENT a. The Transferor grants, conveys and confirms unto the Transferee, its successors and assigns, in perpetuity, the free, uninterrupted and undisturbed right and easement to enter upon the lands herein described at any time for the purposes of constructing and installing of sewers, drains, water lines and related appurtenances thereto, under, over and upon the said lands, and with the further and continuing right to the said Transferee, its successors and assigns, and its servants, agents and workman to enter upon the said lands at any time to construct, repair, correct, operate, replace and maintain at all times in good condition and repair the said sewer, drains, and water lines for every such purpose the Transferee shall have access to the said lands at all times by its agents, servants, employees and workmen. 2. The Transferred covenants and agrees that, upon completion of any work undertaken hereunder, the Transferee will restore the areas of land upon which it has performed work to the same condition as that in which the lands were found prior to the commencement of the work. 3. The Transferor covenants with the Transferee to keep the lands herein described free and clear of and trees, buildings, including building projections such as window sills, chimney breasts, cornices, eaves and other architectural features, swimming pools, structures of obstruction as may be necessary for the use, operation, repair, replacement or maintenance of the easement and to use the lands herein described only in a manner and for purposes not inconsistent with the exercise of the rights created by this indenture and, without limiting the generality of the foregoing only as a yard, garden, flowerbed, roadway, driveway or parking area and the Transferors agree to not do or suggest to be done anything which might Injure any of the works of the Transferee thereon. 4. The Transferee, by the acceptance and registration of the within Easement, agrees to be bound by the terms and provisions contained herein. 5. The burden and benefit of the Agreement shall run with the lands herein described and shall extend to and be binding upon and enure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. ACKNOWLEDGEMENT AND DIRECTION TO: Gerard Hayes Murphy (Insert lawyer's name) AND TO: MCELDERRY & MORRIS (insert firm name) RE: RML Project -Task Services Ltd. Transfer Easement to The Corporation of The (the transaction ") Municipality of Kincardine - Part 2 on Reference Plan 3R9353 (Insert brief description of transaction) This will confirm that: • I/We have reviewed the information set out this Acknowledgement and Direction and in the documents described below (the "Documents "), and that this information is accurate; • You, your agent or employee are authorized and directed to sign, deliver, and/or register electronically, on my /our behalf the Documents in the form attached. • You are hereby authorized and directed to enter into an escrow closing arrangement substantially in the form attached hereto being a copy of the version of the Document Registration Agreement, which appears on the website of the Law Society of Upper Canada as of the date of the Agreement of Purchase and sale herein. I/We hereby acknowledge the said Agreement has been reviewed by me /us and that I/We shall be bound by its terms; • The effect of the Documents has been fully explained to me /us, and I /we understand that I/we are parties to and bound by the terms and provisions of the Documents to the same extent as if 1/we had signed them; and • I/we are in fact the parties named in the Documents and I/we have not misrepresented our identities to you. • I, , am the spouse of , the (Transferor /Chargor), and hereby consent to the transaction described in the Acknowledgment and Direction. I authorize you to indicate my consent on all the Documents for which it is required. DESCRIPTION OF ELECTRONIC DOCUMENTS The Document(s) described in the Acknowledgement and Direction are the document(s) selected below which are attached hereto as "Document in Preparation" and are: ❑ A Transfer of the land described above. ❑ A Charge of the land described above. IQ Other documents set out in Schedule "B" attached hereto. �^ � � f trturllClpa1 t �(6 Dated at K) riC Th Inc, , this 2. I day of r 0 r) , 201 WITNESS (As to all signatures, if required) --- e ---- -' A-. PO - ii ON 0 PA TY OF KINCAR LRO # 3 Transfer Easement In preparation on 2013 01 29 at 14:29 This document has not been submitted and may be incomplete. yyyy mm dd Page 1 of 1 I Properties PIN 33293 - 0771 LT Interest/Estate Fee Simple ✓ Add Easement Description PT LT 29 PL 76 (SUBDIVISION OF PT W1/2 LT 1 CON 12); PT 2 3R8919; DESIGNATED AS PART 2 ON REFERENCE PLAN 3R9353 MUNICIPALITY OF KINCARDINE Address KINCARDINE I Consideration Consideration $ 0.00 I Transferor(s) The transferor(s) hereby transfers the easement to the transferee(s). Name RML PROJECT -TASK SERVICES LTD. Acting as a company Address for Service 1, ROBERT LUTZ, have the authority to bind the corporation. This document is not authorized under Power of Attorney by this party. Transferee(s) Capacity Share Name THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Acting as a company Address for Service 1475 Concession 5, R.R. #5 Kincardine, Ontario N2Z 2X6 I Statements Schedule: See Schedules I Signed By Gerard Hayes Murphy 84 Woolwich Street acting for Signed 2013 01 29 Guelph Transferor(s) N1H 6M6 Tel 519- 822 -8150 Fax 5198221921 I have the authority to sign and register the document on behalf of all parties to the document. Gerard Hayes Murphy 84 Woolwich Street acting for Signed 2013 01 29 Guelph Transferee(s) N1H 6M6 Tel 519 - 822 -8150 Fax 5198221921 I have the authority to sign and register the document on behalf of all parties to the document. Calculated Taxes Provincial Land Transfer Tax $0.00 [File Number Transferor Client File Number: 130094 LAND TRANSFER TAX STATEMENTS In the matter of the conveyance of: 33293 - 0771 PT LT 29 PL 76 (SUBDIVISION OF PT W1 /2 LT 1 CON 12); PT 2 3R8919; DESIGNATED AS PART 2 ON REFERENCE PLAN 3R9353 MUNICIPALITY OF KINCARDINE BY: RML PROJECT -TASK SERVICES LTD, TO: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Nall PINs) 1. LARRY KRAEMER, MAYOR AND MURRAY CLARKE, CAO lam (a) A person in trust for whom the land conveyed in the above - described conveyance is being conveyed; (b) A trustee named in the above - described conveyance to whom the land is being conveyed; (c) A transferee named in the above- described conveyance; ✓ (d) The authorized agent or solicitor acting in this transaction for THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE described in paragraph(s) (c) above. (e) The President, Vice- President, Manager, Secretary, Director, or Treasurer authorized to act for described in paragraph(s) u above. (f) A transferee described in paragraph () and am making these statements on my own behalf and on behalf of who is my spouse described in paragraph (, and as such, I have personal knowledge of the facts herein deposed to. 3. The total consideration for this transaction is allocated as follows: (a) Monies paid or to be paid in cash 0.00 (b) Mortgages (i) assumed (show principal and interest to be credited against purchase price) 0.00 (ii) Given Back to Vendor 0.00 (c) Property transferred in exchange (detail below) 0.00 (d) Fair market value of the land(s) 0.00 (e) Liens, legacies, annuities and maintenance charges to which transfer is subject 0.00 (f) Other valuable consideration subject to land transfer tax (detail below) 0.00 (g) Value of land, building, fixtures and goodwill subject to land transfer tax (total of (a) to (f)) 0.00 (h) VALUE OF ALL CHATTELS - items of tangible personal property 0.00 (I) Other considerations for transaction not included in (g) or (h) above 0.00 (j) Total consideration 0.00 4. Explanation for nominal considerations: o) Transfer of easement or right of way for no consideration. 5. The land is not subject to an encumbrance PROPERTY Information Record A. Nature of Instrument: Transfer Easement LRO 3 Registration No. Date: B. Property(s): PIN 33293 - 0771 Address Assessment - KINCARDINE Roll No C. Address for Service: 1475 Concession 5, R.R. #5 Kincardine, Ontario N2Z 2X6 D. (i) Last Conveyance(s): PIN 33293 - 0771 Registration No. (ii) Legal Description for Property Conveyed : Same as in last conveyance? Yes No ✓ Not known E. Tax Statements Prepared By: Gerard Hayes Murphy 84 Woolwich Street Guelph N1H 6M6 EASEMENT IN GROSS TERMS AND PROVISIONS OF THE EASEMENT 1. The Transferor grants, conveys and confirms unto the Transferee, its successors and assigns, in perpetuity, the free, uninterrupted and undisturbed right and easement to enter upon the lands herein described at any time for the purposes of constructing and installing of sewers, drains, water lines and related appurtenances thereto, under, over and upon the said lands, and with the further and continuing right to the said Transferee, its successors and assigns, and its servants, agents and workman to enter upon the said lands at any time to construct, repair, correct, operate, replace and maintain at all times in good condition and repair the said sewer, drains, and water lines for every such purpose the Transferee shall have access to the said lands at all times by its agents, servants, employees and workmen. 2. The Transferred covenants and agrees that, upon completion of any work undertaken hereunder, the Transferee will restore the areas of land upon which It has performed work to the same condition as that in which the lands were found prior to the commencement of the work. 3. The Transferor covenants with the Transferee to keep the lands herein described free and clear of and trees, buildings, including building projections such as window sills, chimney breasts, cornices, eaves and other architectural features, swimming pools, structures of obstruction as may be necessary for the use, operation, repair, replacement or maintenance of the easement and to use the lands herein described only In a manner and for purposes not inconsistent with the exercise of the rights created by this indenture and, without limiting the generality of the foregoing only as a yard, garden, flowerbed, roadway, driveway or parking area and the Transferors agree to not do or suggest to be done anything which might Injure any of the works of the Transferee thereon. 4. The Transferee, by the acceptance and registration of the within Easement, agrees to be bound by the terms and provisions contained herein. 5. The burden and benefit of the Agreement shall run with the lands herein described and shall extend to and be binding upon and enure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. ACKNOWLEDGEMENT AND DIRECTION TO: Gerard Hayes Murphy (Insert lawyer's name) AND TO: MCELDERRY & MORRIS (Insert firm name) RE: 773472 Ontario Limited Transfer Easement to The Corporation of The ('the transaction ") Municipality of Kincardine - Part 3 on Reference Plan 3R9353 (Insert brief description of transaction) This will confirm that: • I/We have reviewed the information set out this Acknowledgement and Direction and in the documents described below (the "Documents "), and that this information is accurate; • You, your agent or employee are authorized and directed to sign, deliver, and /or register electronically, on my /our behalf the Documents in the form attached. • You are hereby authorized and directed to enter into an escrow closing arrangement substantially in the form attached hereto being a copy of the version of the Document Registration Agreement, which appears on the website of the Law Society of Upper Canada as of the date of the Agreement of Purchase and sale herein. 1/We hereby acknowledge the said Agreement has been reviewed by me /us and that I/We shall be bound by its terms; • The effect of the Documents has been fully explained to me /us, and Uwe understand that Uwe are parties to and bound by the terms and provisions of the Documents to the same extent as if 1 /we had signed them; and • I /we are in fact the parties named in the Documents and Uwe have not misrepresented our identities to you. • 1, , am the spouse of , the (Transferor /Chargor), and hereby consent to the transaction described in the Acknowledgment and Direction. I authorize you to indicate my consent on all the Documents for which it is required. DESCRIPTION OF ELECTRONIC DOCUMENTS The Document(s) described in the Acknowledgement and Direction are the document(s) selected below which are attached hereto as "Document in Preparation" and are: ❑ A Transfer of the land described above. ❑ A Charge of the land described above. Other documents set out in Schedule "6" attached hereto. Hurl ' p U P Dated at } nCOM tfle , this 21 day of "1 U 0 i •j , 200. WITNESS • (As to all signatures, if required) OP TORPO' • ` OF a CIPA ITY OF KINCAR alk LRO # 3 Transfer Easement in preparation on 2013 01 29 at 14:06 This document has not been submitted and may be incomplete. yyyy mm dd Page 1 of 1 !Properties PIN 33293 - 0557 LT Interest/Estate Fee Simple ✓. Add Easement Description PT LT 31 PL 76 (SUBDIVISION OF PT W1/2 LT 1 CON 12) AS IN R264337; DESIGNATED AS PART 3 ON REFERENCE PLAN 3R9353; MUNICIPALITY OF KINCARDINE Address TIVERTON I Consideration Consideration $ 0.00 ` Transferoe(s) The transferor(s) hereby transfers the easement to the transferee(s). Name 773472 ONTARIO LIMITED Acting as a company Address for Service P.O. Box 7 Listowel, Ontario N4H 3H2 I, THOMAS LAWSON KERR, have the authority to bind the corporation. This document is not authorized under Power of Attorney by this party. Transferee(s) Capacity Share Name THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Acting as a company Addnass for Service 1475 Concession 5, R.R. #5 Kincardine, Ontario N2Z 2X6 I Statements Schedule: See Schedules ` Signed By Gerard Hayes Murphy 84 Woolwich Street acting for Signed 2013 01 29 Guelph Transferor(s) 1411-16M6 Tel 519 -822 -8150 Fax 5198221921 I have the authority to sign and register the document on behalf of all parties to the document. Gerard Hayes Murphy 84 Woolwich Street acting for Signed 2013 01 29 Guelph Transferee(s) N1H 6M6 Tel 519- 822 -8150 Fax 5198221921 I have the authority to sign and register the document on behalf of all parties to the document. Calculated Taxes j • Provincial Land Transfer Tax $0.00 File Number Transferor Client File Number : 130094 LAND TRANSFER TAX STATEMENTS In the matter of the conveyance of: 33293 - 0557 PT LT 31 PL 76 (SUBDIVISION OF PT W1 /2 LT 1 CON 12) AS IN R264337; DESIGNATED AS PART 3 ON REFERENCE PLAN 3R9353; MUNICIPALITY OF KINCARDINE BY: 773472 ONTARIO LIMITED TO: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE %(all PINs) 1. LARRY KRAEMER, MAYOR AND MURRAY CLARKE, CAO lam (a) A person in trust for whom the land conveyed in the above - described conveyance is being conveyed; (b) A trustee named in the above - described conveyance to whom the land is being conveyed; (c) A transferee named in the above - described conveyance; ✓ (d) The authorized agent or solicitor acting in this transaction for THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE described in paragraph(s) (c) above. (e) The President, Vice- President, Manager, Secretary, Director, or Treasurer authorized to act for described in paragraph(s) (J above. (t) A transferee described in paragraph 0 ) and am making these statements on my own behalf and on behalf of who is my spouse described in paragraph (, and as such, I have personal knowledge of the facts herein deposed to. 3. The total consideration for this transaction is allocated as follows: (a) Monies paid or to be paid in cash 0.00 (b) Mortgages (i) assumed (show principal and interest to be credited against purchase price) 0.00 (ii) Given Back to Vendor 0.00 (c) Property transferred in exchange (detail below) 0.00 (d) Fair market value of the land(s) 0.00 (e) Liens, legacies, annuities and maintenance charges to which transfer is subject 0.00 (f) Other valuable consideration subject to land transfer tax (detail below) 0.00 (g) Value of land, building, fixtures and goodwill subject to land transfer tax (total of (a) to (f)) 0.00 (h) VALUE OF ALL CHATTELS - items of tangible personal property 0.00 (1) Other considerations for transaction not included in (9) or (h) above 0.00 (j) Total consideration 0.00 4. Explanation for nominal considerations: o) Transfer of easement or right of way for no consideration. 5. The land is subject to encumbrance PROPERTY Information Record A. Nature of Instrument: Transfer Easement LRO 3 Registration No. Date: B. Property(s): PIN 33293 - 0557 Address Assessment - TIVERTON Roll No C. Address for Service: 1475 Concession 5, R.R, #5 Kincardine, Ontario N2Z 2X6 D. (i) Last Conveyance(s): PIN 33293 - 0557 Registration No. (ii) Legal Description for Properly Conveyed : Same as in last conveyance? Yes No ✓ Not known E. Tax Statements Prepared By: Gerard Hayes Murphy 84 Woolwich Street Guelph Ni H 6M6 EASEMENT IN GROSS TERMS AND PROVISIONS OF THE EASEMENT 1. The Transferor grants, conveys and confirms unto the Transferee, Its successors and assigns, in perpetuity, the free, uninterrupted and undisturbed right and easement to enter upon the lands herein described at any time for the purposes of constructing and installing of sewers, drains, water lines and related appurtenances thereto, under, over and upon the said lands, and with the further and continuing right to the said Transferee, its successors and assigns, and its servants, agents and workman to enter upon the said lands at any time to construct, repair, correct, operate, replace and maintain at all times in good condition and repair the said sewer, drains, and water lines for every such purpose the Transferee shall have access to the said lands at all times by its agents, servants, employees and workmen. 2. The Transferred covenants and agrees that, upon completion of any work undertaken hereunder, the Transferee will restore the areas of land upon which It has performed work to the same condition as that in which the lands were found prior to the commencement of the work. 3. The Transferor covenants with the Transferee to keep the lands herein described free and clear of and trees, buildings, including building projections such as window sills, chimney breasts, cornices, eaves and other architectural features, swimming pools, structures of obstruction as may be necessary for the use, operation, repair, replacement or maintenance of the easement and to use the lands herein described only in a manner and for purposes not inconsistent with the exercise of the rights created by this indenture and, without limiting the generality of the foregoing only as a yard, garden, flowerbed, roadway, driveway or parking area and the Transferors agree to not do or suggest to be done anything which might injure any of the works of the Transferee thereon. 4. The Transferee, by the acceptance and registration of the within Easement, agrees to be bound by the terms and provisions contained herein. 5. The burden and benefit of the Agreement shall run with the lands herein described and shall extend to and be binding upon and enure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. ACKNOWLEDGEMENT AND DIRECTION TO: Gerard Hayes Murphy (insert lawyer's name) AND TO: MCELDERRY & MORRIS (Insert firm name) RE: Inverhuron Homes Inc. Transfer Easement to The Corporation of The (the transaction ") Municipality of Kincardine - Part 4 on Reference Plan 3R9353 (Insert brief description of transaction) This will confirm that: • I/We have reviewed the information set out this Acknowledgement and Direction and in the documents described below (the "Documents"), and that this information is accurate; • You, your agent or employee are authorized and directed to sign, deliver, and/or register electronically, on my /our behalf the Documents in the form attached. • You are hereby authorized and directed to enter into an escrow closing arrangement substantially in the form attached hereto being a copy of the version of the Document Registration Agreement, which appears on the website of the Law Society of Upper Canada as of the date of the Agreement of Purchase and sale herein. I/We hereby acknowledge the said Agreement has been reviewed by me /us and that I/We shall be bound by its terms; • The effect of the Documents has been fully explained to me /us, and I/we understand that I /we are parties to and bound by the terms and provisions of the Documents to the same extent as if I/we had signed them; and • I /we are in fact the parties named in the Documents and Uwe have not misrepresented our identities to you. • 1, , am the spouse of the (Transferor /Chargor), and hereby consent to the transaction described in the Acknowledgment and Direction. I authorize you to indicate my consent on all the Documents for which it is required. DESCRIPTION OF ELECTRONIC DOCUMENTS The Document(s) described in the Acknowledgement and Direction are the document(s) selected below which are attached hereto as "Document in Preparation" and are: ❑ A Transfer of the land described above. V A Charge of the land described above. Other documents set out in Schedule "B" attached hereto. u bc\pal \Ay� Dated at ©c- 1 < (COC 5iR Z, this 3 day of �� U O( 20 ( j WITNESS (As to all signatures, if required) ate, Al • T - •ORA Q . ICIP LITY OF KINCAR LRO # 3 Transfer Easement In preparation on 2013 01 29 at 14:33 This document has not been submitted and may be incomplete. yyyy mm dd Page 1 of 2 Properties PIN 33293 - 0595 LT Interest/Estate Fee Simple I Add Easement Description PT LT 31 PL 76 (SUBDIVISION OF PT W1/2 LT 1 CON 12); PT LT 73 -75 PL 210; PT LT 1 CON 12 KINCARDINE AS IN R67681 & R114640 EXCEPT PT 1, 2, 3, 5, 3R6624, PARTS 1 & 4 3R8163; DESIGNATED AS PART 4 ON REFERENCE PLAN 3R9353; MUNICIPALITY OF KINCARDINE Address KINCARDINE [Consideration Consideration $ 0.00 Transferor(s) The transferor(s) hereby transfers the easement to the transferee(s). Name INVERHURON HOMES INC. Acting as a company Address for Service I, WILLIAM PLAYER, have the authority to bind the corporation. This document is not authorized under Power of Attorney by this party. I Transferee(s) Capacity Share Name THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Acting as a company Address for Service 1475 Concession 5, R.R.# 5, Kincardine, Ontario N2Z 2X6 I Statements Schedule: See Schedules Signed By Gerard Hayes Murphy 84 Woolwich Street acting for Signed 2013 01 29 Guelph Transferor(s) N1H 6M6 Tel 519 - 822 -8150 Fax 5198221921 I have the authority to sign and register the document on behalf of all parties to the document. Gerard Hayes Murphy 84 Woolwich Street acting for Signed 2013 01 29 Guelph Transferee(s) N1H 6M6 Tel 519 - 822 -8150 Fax 5198221921 I have the authority to sign and register the document on behalf of all parties to the document. Calculated Taxes Provincial Land Transfer Tax $0.00 LRO # 3 Transfer Easement In preparation on 2013 01 29 at 14:33 This document has not been submitted and may be incomplete. yyyy mm dd Page 2 of 2 [File Number Transferor Client File Number: 130094 EASEMENT IN GROSS TERMS AND PROVISIONS OF THE EASEMENT 1. The Transferor grants, conveys and confines unto the Transferee, Its successors and assigns, in perpetuity, the free, uninterrupted and undisturbed right and easement to enter upon the lands herein described at any time for the purposes of constructing and installing of sewers, drains, water lines and related appurtenances thereto, under, over and upon the said lands, and with the further and continuing right to the said Transferee, its successors and assigns, and its servants, agents and workman to enter upon the said lands at any time to construct, repair, correct, operate, replace and maintain at all times in good condition and repair the said sewer, drains, and water lines for every such purpose the Transferee shall have access to the said lands at all times by its agents, servants, employees and workmen. 2. The Transferred covenants and agrees that, upon completion of any work undertaken hereunder, the Transferee will restore the areas of land upon which it has performed work to the same condition as that in which the lands were found prior to the commencement of the work. 3. The Transferor covenants with the Transferee to keep the lands herein described free and dear of and trees, buildings, including building projections such as window sills, chimney breasts, cornices, eaves and other architectural features, swimming pools, structures of obstruction as may be necessary for the use, operation, repair, replacement or maintenance of the easement and to use the lands herein described only in a manner and for purposes not inconsistent with the exercise of the rights created by this indenture and, without limiting the generality of the foregoing only as a yard, garden, flowerbed, roadway, driveway or parking area and the Transferors agree to not do or suggest to be done anything which might Injure any of the works of the Transferee thereon. 4. The Transferee, by the acceptance and registration of the within Easement, agrees to be bound by the terms and provisions contained herein. S. The burden and benefit of the Agreement shall run with the lands herein described and shall extend to and be binding upon and enure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. •