BYLAW - Agreement With Ernest Victor Ofenheim - 19780717 - 220378BY-LAW NUMBER 2203-78
OF THE MUNICIPAL CORPORATION OF THE TOWN OF AURORA
A BY-LAW TO AUTHORIZE THE MAYOR AND CLERK TO EXECUTE AN AGREEMENT
BETWEEN THE CORPORATION OF THE TOWN OF AURORA AND ERNEST VICTOR OFENHEIM.
THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk be and they are hereby authorized and directed
to execute the Agreement between the Town of Aurora and Ernest Victor
Ofenheim.
2. A copy of the said Agreement is attached hereto as Schedule "A"
READ A FIRST AND SECOND TIME THIS
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MAYOR
//A!oAY OF cr~; 19(8,.
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CLERK
READ A THIRD TIME AND FINALLY PASSED THIS /'l!l!nAY OF~ ,1978.
CLERK
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SCHEDULE "A" TO BY.,-LAW 2203-78
THIS AGREEMENT made the 4th day of April, 1978 •
B E T W E E N:
ERNEST VICTOR OFENHEIM, of the City of Toronto,
in the ~1unicipali ty of Metropolitan Toronto,
Esquire (hereinafter called "Ofenheim"}
OF THE FIRST PART
-and-
THE CORPORATION OF THE TONN OF AURORA, . (hereinafter
called the "Town"}
OF THE SECOND PART.
WHEREAS Ofenheim is the owner of a parcel of land being
composed of part of Lot 7B, Concession 1, in the Town of
Au~ora in the Regional Municipality of York, in the former
Township of Whitchurch, Province of Ontario; and
WHEREAS the Town requires an easement across a por-
tion of the said parcel of land for the purpose of construe-
tion of two storm drains as outlets into the creek also lo-
cated on the said parcel; and
WHEREAS the parties hereto desire to enter into this
agreement in order to provide for the granting of the said
easement and to determine their respective rights and obliga-
tions in relation thereto, it being the parties' intention that
these rights and obligations 5hall continue in full force after;'the
execution and registration o~ a formal grant of the said o;>asement;
NOW THEREFORE in consideration of the premises
and the mutual covenants herein contained, the parties hereto
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agree as follows:
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1. Ofenheim agrees that he will grant to the
Town an easement and right to enter on his land, being
part of Lot 78, Concession 1, in the Town of Aurora,
.in the Regional Municipality of York, formerly the Township
of Whitchurch, as shown on the sketch attached hereto, for the
purpose of laying down and constructing storm drains and the
right to maintain the installations in good. condition and re-
pair, and for such purposes, the Town shall have access to the
land at any time for itself and its servants, employees, work-
men and assigns.
2. Ofenheim agrees that upon payment of the said sum,of One
Dollar
together with all attendant legal fees, to execute a formal
grant of this easement, as prepared by solicitors for the Town.
3~ The Town agrees to construct the storm drains in a
physically attractive manner, filling in all excavations, re-
placing all fences, and as far as practicable, restoring the
surface of the ground to the same condition as prior to the
commencement of construction or of any subsequent work thereto.
4. The Town agrees to maintain the storm drains and to
keep the drains free of build-up of debris and other extra-
neous material and to clean out as required the baffles located
at the outlets of the storm drains.
s. The Town agrees to rectify, reoair and make good any
pollution or excessive erosion of the creek bed or sides as
may be caused by the run-off from the storm drains and in
the event such erosion occurs, will take such steps to
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prevent such erosion re-occurring in the future.
6. The Town agrees to keep afenheim indemnified against
all damage, loss and injury of every description which may
occur to or affect Ofenheim or his property, or such other
persons as Ofenheim may be responsible to in law or their pro-
perty, which may be caused by the quality of the water, ef-
fluents, or other foreign matter flowing through the said storm
drains •.
7. Ofenheim agrees to subrogate to the Town whatever
rights he may have against third parties with respect to any
damage, loss, injury or other liability for which he has been
indemnified by the Town under this Agreement.
8. This Agreement shall continue in full force and effect
for as long as the Town holds the ea.sement provided for herein
and shall not merge upon execution or registration of a formal
grant of easement.
9. This Agreement shall enure to the benefit of and be
binding upon the respective heirs, executors, administrators,
successors and assigns of the parties hereto.
IN WITNESS WHEREOF, this Agreement was executed as
of the date first above written.
SIGNED, SEALED and DELIVERED
in the presence of:
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ERJ.'lEST V. OFENHEI!1
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( THE CORPORATION OF THE TOWN OF AURORA
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