ALBERTA GOVERNMENT SERVICES
LAND TITLES OFFICE
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1160MP
ORDER NUMBER: 29929289
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DATED the
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LINDSAY EMBRY JAMIESON CHIPMAN
SINCLAIR AND LAMBERT
BARRISTERS AND SOLICITORS
201 IMPERIAL BANK BUILDING
EDMONTON
ALBERTA
FILE NO. 97502—JHJ
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THIS INDENTURE made in duplicate this 2.g
'BETWEEN:
of December, 1961.
116.0 M`P,
PAGE. THE CLEANER & FURRTER LID., a body corporate,
(hereinafter called the "Grantor")
OF THE FIRST PART,
- and RONALD ALEXANDER FAWCETT, of the City of Edmonton,
in the Province of Alberta, Canada, (hereinafter
called the "Grantee")
OF THE SECOND PART.
WHEREAS the Grantor is the registered owner of the
following described land, namely:-,.Lot Forty Two A (42-A), in Block Four (4), in
Jasper Avenue Extension, Subdivision of the
City of Edmonton, aforesaid, of record in the
Land Titles Office for the North Alberta"noe
Registration District as Plan 226 C.L. t
(hereinafter referred to as the "Servient Tenement")
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AND WHEREAS the Grantee is the registered owner
inter. alia, of the following land,
Lot Forty-three A (43-A), in Block Four (4), in
Jasper Avenue Extension, Subdivision of the City
of Edmonton, aforesaid, of record in the Land
Titles Office for the North Alberta L' d Registration District as Plan 226 C.L.
(hereinafter referred to as the "Dominant Tenement") upon which
there is situate a frame office and warehouse building.
AND WHEREAS a recent survey indicates that the said
office and warehouse building on the Dominant Tenement encroaches
upon the Servient Tenement as to the following described portion,
namely:All that portion of Lot Forty-two A (42A), in
Block Four (4), in the City of Edmonton, in the
said Province, as shown on Subdivision Plan
226 C.L. which lies East of a line drawn from a
point on the Northerly boundary of the said lot,
Ninety-one Hundredths (0.91) of a foot South
Westerly from the North East corner of the said lot
measured along the said Northerly boundary; to a
point on the South boundary of the said lot, Forty
-2 Hundredthd (0.40) of a foot West of the South
East corner of the said lot.
(R.L.ts 12 & 14, Edm. Sett.)
Reserving thereout all mines and minerals.
(hereinafter called the "encroachment")
AND WHEREAS the Grantor has agreed to grant to the
Grantee an easement covering that portion of the Servient
Tenement upon which the said building encroaches for the
benefit of the said Dominant Tenement.
NOW THEREFORE IN CONSIDERATION OF THE PREMISES and in
consideration of the sum of Ten ($10.00) Dollars now paid by the
Grantee to the Grantor herein (the receipt whereof is hereby
Acknowledged),the Grantor by way of creating an easement for
the purpose of being annexed to or used and enjoyed together
with and as appurtenant to the Dominent Tenement doth grant,
convey, release, assign and confirm unto the Grantee his heirs,
executors, administrators and assigns, for the time being the
owner of the Dominant Tenement an easement over, across, under
and through that part of the Servient Tenement described
as follows:All that portion of Lot Forty-two A (42A) in
Block Four (4), in the City of Edmonton, in the
said Province, as shown on Subdivision Plan
226 C.L. which lies East of a line drawn from a
point on the Northerly boundary of the said lot,
Ninety-one Hundredths (0.91) of a foot South
Westerly from the North East corner of the said
lot measured along the said Northerly boundary,
to a point on the South boundary of the said lot,
Forty Hundredths (0.40) of a foot West of the South
East corner of the said lot
(R.L.'s 12 & 14, Edm. Sett.)
Reserving thereout all mines and minerals.
-3for the purpose of allowing the said office and warehouse
building to remain on the Servient Tenement.
And The Grantor hereby acknowledged the existence
of the encroachment hereinbefore mentioned and agrees that it
will take no action against the Grantee or against the said
land with respect thereto during the existence of the buildings
presently situate on the said Dominant Tenement and in particular, and without restricting the generality of the foregoing,
it will make no claim upon the G)c.antee in pursuance of the
Land Titles Act for the Province of Alberta or any other
statutory enactment in the said Province of Alberta or otherwise
to implement the rights given to it by the said Land Titles Act
or any other Act.
This Agreement shall enure to the benefit of and be
binding upon the Grantor its successors and assigns.
IN WITNESS WHEREOF the Grantor has hereunto affixed
Its corporate seal as attested by the duly authorized officers
thereof, the day and year first above written.
PAGE THE CLEANER & FURRIER LTD.3„,,
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