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HomeMy WebLinkAboutBRU 94 018 BMTS easement THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 94-18 . BEING A BY-LAW to authorize the acquisition of an easement from the ontario Minister of Transportation for use by the Bruce Municipal Telephone System. WHEREAS pursuant to the Municipal Act, R.S.O. 1990, Chapter M.45, Section 191, a municipal Council may pass by-laws authorizing the acquisition of land for municipal purposes. AND WHEREAS the Corporation of the Township of Bruce is the owner and operator of the Bruce Municipal Telephone System (BMTS). AND WHEREAS it is desirous for the efficient operation of BMTS to acquire an easement from the ontario Minister of Transportation. NOW THEREFORE be it enacted by the Council of the Township of Bruce as follows: 1. That the Corporation of the Township of Bruce acquire, on behalf of the Bruce Municipal Telephone System, an easement from the Ontario Minister of Transportation over Part Lot 57, Lake Range, Township of Saugeen, County of Bruce, designated as Part 5 on Plan 3R-6094 for the price of $5,000.00 plus G.S.Too 2. That the terms of the easement wi 11 be as shown on the Schedule "A", attached to this by-law. 3. That the Reeve and Cl erk of the Township of Bruce are authorized to execute the easement on behalf of the Township of Bruce and to affix the corporate seal as and when required. By-law introduced and read a First time this FOURTEENTH day of JUNE, 1994. By-law read a Second time this FOURTEENTH day of JUNE, 1994. By-law read a Third time and finally passed, signed, sealed, and numbered 94-18 this FOURTEENTH day of JUNE, 1994. _..~._. .......-." - _. ~ ~.- - ....._~_. ..(~-~ . - - '-: .... -, - - , - : /:. - - ' "" v . ,. _ -- " CLERK REEVE ./_~..- ~ '-./' .. ~ -- SEAL THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 94-18 PAGE 2 (7) Interest/Estate Transferred THE TRANSFBROR grants to th~ Transf~, Lt. -.aoe.sors and assigns to be used and enjoyed as appurtenant to the Transferee's lands, the free, uninterrupted and unobstructed right and easement in perpetuity: 1. TO ENTER on and construct, repair, replace, operate and maintain telephone and telecommunications facilities (forming part of its continuous lines between the Transferee's lands and other lands), including all necessary poles, wires, service wires (both buried and aerial), cables (both buried and aerial), conduits, markers, fixtures, and equipment and all appurtenances thereto as the Transferee may from time to time or at any time hereafter deem requisite upon, over, under, along and across the Transferor's lands for the purpose of furnishing telephone and telscommunications service to the premises of the Transferor and to the premises of the Transferee's customers from time to time on lands adjoining or on other lands; together with the right of free unimpeded access to the Transferee, its workmen, vehicles, supplies and equipment at all times and for all purposes and things necessary for or incidental to the exercise and enjoyment of the rights hereby granted, over the Transferor's lands from the highways or lands abutting thereon to and from the places where any of the said telephone or telecommunications facilities or any part or parts thereof are to be constructed, repaired, replaced, operated and maintainsd; 2. TO ATTACH other wires, cables and accessories and permit the attachment of the wires, cables and accessories of any other company or commission for the purposs only of supplying a service; J. TO TRIM, fell and remove any trees and brush along the said lands so as to keep the wires and cables clear at least two feet¡ 4. TO ERECT and set the necessary guy and brace poles and anchors and to attach thereto and to trees the necessary guy wires. THE TRANSFEREE covenants and agrees with the Transferor that it shall be responsible for any damage caused by its agents or employees to the property of the Transferor and shall as far as possible replace at its own cost any soil or turf removed in connection with any of the work above referred to. THE CORPORATION OF THE TOWNSHIP OF BRUCE NAME(S) SIGNATURE DATE OF SIGNATURE Year Month Day Rrma] d Andrews - Reeve Robert Waram - Clerk 1994 t. 11 1994 ~ IV We have the authority to bind the corporation. . r ., .... "A- ThIe .. Sc.t'I.".t .. . þ,," By-lew No. <:tlt.I"- I ;:t~-:::-: Olrti ~¿~&_ \, tIO ~ -