THE CORPORATION OF THE TOWNSHIP OF GREATER MADAWASKA
BY-LAW NUMBER 72-2016
_______________________________________________________
Being a by-law to authorize Council to enter into an easement agreement with
Scott Smith and Joanne Glaser
WHEREAS pursuant to the Municipal Act, 2001, a Municipality is authorized to
enter into an agreement to grant an easement over municipal lands and the
Township deems it expedient to exercise the power granted by the Act;
AND FURTHER that the Council of the Township of Greater Madawaska deems
it expedient to enter into an easement agreement with Scott Smith and Joanne
Glaser;
NOW THEREFORE, the Council of the Corporation of the Township of Greater
Madawaska enacts as follows:
1.
THAT the Mayor and CAO are hereby authorized to execute an Easement
Agreement with Scott Smith and Joanne Glaser, the Agreement being
attached hereto as Schedule “A”.
2.
THAT the CAO, Clerk/Treasurer is hereby authorized to make such
administrative amendments as necessary to carry out this by-law.
3.
THAT this By-Law shall come into force and take effect immediately upon
the passage thereof.
READ a first and second time this 24th day of October, 2016.
READ a third time and passed this 24th day of October, 2016.
Glenda McKay
Mayor
By-Law 72-2016 – Easement Agreement
Allison Holtzhauer
CAO/Clerk-Treasurer
Page 1 of 4
Schedule “A”
By-Law 72-2016
THIS AGREEMENT MADE October 24th, 2016.
BETWEEN
CORPORATION OF THE TOWNSHIP OF GREATER MADAWASKA
hereinafter called the “Township”
AND:
SCOTT SMITH and JOANNE GLASER
hereinafter called “Owners”
WHEREAS the “Owners” are the registered owners of the lands described in
Schedule A attached hereto, hereinafter referred to as the “Owners’ Lands” which lands
abut the “Right of Way”;
AND WHEREAS the “Township” is the owner of the Road Allowance between
Concessions 6 and 7, Lots 24, in the geographic Township of Bagot, now in the
Township of Greater Madawaska, County of Renfrew, hereinafter referred to as the
“Road Allowance” and more particularly set out in Schedule A attached hereto;
AND WHEREAS the “Owners” have made a request to the “Township” for a
right of way from and to the “Owners’ Lands” across the “Road Allowance” which right
of way is more particularly described in Schedule A attached hereto, hereinafter referred
to as the “Right of Way”;
AND WHEREAS the “Township” has consented to grant a right of way subject to
certain terms and conditions more particularly set out in this Agreement;
NOW THEREFORE WITNESSETH that in consideration of the foregoing, the
mutual terms, provisos and covenants of the parties hereto, the parties agree as follows:
1.
INTERPREATION
1.1
Words importing singular number only shall include the plural and visa versa,
and words importing masculine gender shall include the feminine gender, and
visa versa, and words importing persons shall include firms and corporations,
and visa versa.
2.
TITLE
2.1
The “Owners” hereby warrant and covenant that they are the unencumbered
registered owners of the “Owners’ Lands” at the date of this Agreement.
2.2
The “Owners” hereby acknowledge that the “Township” is the sole owner of the
“Road Allowance” and “Right of Way” and the “Owners” acknowledge that they
do not themselves nor through any predecessor in title or third party have any
claim of prescriptive right of use or title to the “Road Allowance” adverse to that
of the “Township” and by execution of this Agreement, the “Owners” do hereby
release and forever discharge the “Township” from any such claim whatsoever
arising or at any time in the future.
3.
RIGHT OF WAY
3.1
The “Township” hereby grants to the “Owners” a right of way from time to time
together with others so authorized by the “Township” over the “Right of Way”,
By-Law 72-2016 – Easement Agreement
Page 2 of 4
by motor vehicle or on foot, to pass and repass for the purpose of accessing the
“Owners’ Lands” and or to access Centennial Lake.
3.2
The “Township’s” grant and the “Owners” rights herein may be terminated upon
written notice by the “Township” to the “Owners” should the “Township” open
such part of the “Road Allowance” to the public and assume the same as a public
road sufficient to permit the “Owners” access from the “Owner’s Lands” and or to
access the water of Centennial Lake.
3.3
The “Owners” shall assume sole responsibility for the maintenance of and any
necessary improvements to the “Right of Way” all of which are subject to the
approval of the “Township” acting reasonably.
3.4
Upon termination of this grant as provided in Article 3.2, the “Owners” shall
restore the “Right of Way” at the “Owners” expense to a condition satisfactory to
the “Township” acting reasonably.
3.5
The “Owners” shall not gate or fence the “Right of Way”.
3.6
In consideration of the “Township’s” grant of this “Right of Way”, the “Owners”
use of the “Right of Way”, including use by their invitees, shall be at the
“Owners” sole risk and the “Owners” agree to assume and accept all risks of any
nature whatsoever arising out of, associated with the said use of the “Right of
Way” and they do hereby release the “Township” from any and all liability of any
nature whatsoever including, without limitation, breach of contract, or breach of
any statutory duty or other duty of care and for any loss, damage, injury or
expense of any nature whatsoever that the “Owners” or their invitees may suffer
or incur, in using the said “Right of Way” and furthermore the “Owners” shall
indemnify and hold harmless the “Township”, its agents, council members,
advisors, volunteers, directors and employees from and against any and all such
liabilities, claims, suits or actions, costs, damages and expenses (and without
limiting the generality of the foregoing, any losses, costs, damages and expenses
of the “Township”, including costs as between a solicitor and his own client)
which may be brought or made against the “Township” or which the “Township”
may pay or incur as a result of or in connection with the “Owners” use or
participation in the activities of the “Right of Way”.
3.7
The “Owners” at their sole expense shall insure their liability to the “Township”
as provided in this Agreement by policy of insurance for not less than
$2,000,000.00 and provide to the Township annually a certificate of coverage and
the policy which policy shall not be cancelled without 30 days’ notice to the
Township and such insurance and policy shall be subject to the approval of the
Township as to form and content.
3.8
The “Owners” shall post on the “Right of Way” signs as the “Township” may
approve, clearly visible to any user of the “Right of Way” and advising that the
“Right of Way”, is not maintained by the “Township” and that those who use the
“Right of Way” do so at their own risk and assume that risk.
4.
LEGAL AND ADMINISTRATION COSTS AND REGISTRATION
4.1
All legal and administrative costs incurred by the “Township” in reference to this
Agreement, either in the processing or execution of this Agreement, or in its
enforcement shall be paid by the “Owners” to the Township” upon demand
forthwith.
4.2
The “Owners” hereby covenant to register this Agreement against title to the
“Owners Lands” and the “Right of Way”, forthwith before any development and
in priority to any and all charges, liens or encumbrances at their sole expense. At
the “Township’s” discretion, the “Owners”’ solicitor shall certify the foregoing to
the “Township” and that at registration, the “Owners” are the sole registered
owners of the Lands.
By-Law 72-2016 – Easement Agreement
Page 3 of 4
5.
NOTICES
5.1
Any notices required to be given hereunder may be given by first class pre-paid
mail addressed to:
The “Township” at:
19 Parnell Street
P.O. Box 180,
Calabogie, ON K0J 1H0
The “Owners” at:
Scott Smith and Joanne Glaser
11 Kyle Avenue
Stittsville, ON K2S 1G8
and
6.
GENERAL
6.1
The provisions of this Agreement shall inure to and be binding upon the parties
hereto, their heirs, successors, executors and assigns.
IN WITNESS WHEREOF the said parties hereto have hereunto set their hands and seals.
SIGNED, SEALED AND DELIVERED
in the presence of
CORPORATION OF THE TOWNSHIP OF
GREATER MADAWASKA
Per:__________________________________
Glenda McKay, Mayor
Per:__________________________________
Allison Holtzhauer, CAO/Clerk Treasurer
______________________
Witness
______________________________________
Scott Smith
______________________
Witness
_______________________________________
Joanne Glaser
SCHEDULE A
“Owners’ Lands”:
Lot 24, Concession 6, in the geographic Township of Bagot, of the Township of Greater
Madawaska, in the County of Renfrew.
“Right of Way”
Part of the Road Allowance between Concessions 6 and 7, Lots 24, in the geographic
Township of Bagot, of the Township of Greater Madawaska, in the County of Renfrew,
being Part _____ on Reference Plan 49R-__________.
By-Law 72-2016 – Easement Agreement
Page 4 of 4