BYLAW - Indemnity Agreement - 19861103 - 287786BY-LAW NO. 2877-86
OF THE MUNICIPAL CORPORATION OF THE TOWN OF AURORA
BEING'\A BY-LAW to authorize the
I "" Mayor and Clerk to execute an
acknowledgement and indemnity
agreement.
whereas the Municipal Council of the Town of Aurora deems it expedient to
authorize the execution of an agreement with ~ear Round Nurseries and
L3ndscaping Inc . ;
NOW THEREFORE the Municipal Council of the Corporation of the Town of Aurora
enacts as follows:
l. That the Mayor and Clerk be and are hereby authorized to execute
under the seal of the Corporation an Acknowledgement and Indemnity
Agreement dated the 29th day of October 1986 between Year Round
Nurseries and L3ndscaping Inc. and tlje Corporation.of the Town
of Aurora, appended hereto.
2 . .'!hat the provisions of this By-law should come into force and be
effective upon final passage thereof.
READ A FIRST AND SECOND TIME THIS
READ A THIRD AND FINAL TIME AND FINAlLY PASSED THIS :Jd
1986.
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MAYOR CLERK
1986.
ACKNOWLEDGEMENT & INDEMNITY AGREEMENT
made as of J~ ~day of OcTo-">cl<. THIS AGREEMENT ' 1986
B E T W E E N:
YEAR ROUND NURSERIES & LANDSCAPING INC., a
corporation incorporated under the laws of the
Province of Ontario,
(hereinafter called "Year Round"),
OF THE FIRST PART,
-and -
THE CORPORATION OF THE TOWN OF AURORA,
(hereinafter called the "Corporation"),
OF THE SECOND PART.
WHEREAS Year Round is the Purchaser of lands and premises at
162 Wellington Street East, in the Town of Aurora, in the
Regional Municipality of York, more particularly described in
Schedule "A" attached hereto (the "Property");
AND WHEREAS Instrument No. 47176A dated March 8, 1960 and
registered on March 17, 1961 contains an easement in favour of
the Corporation over the easterly 20' (the "Easement Lands") of
the westerly 66' 1 3/4" of the Property, which easement grants to
the Corporation the right to enter upon the Easement Lands for
the purposes of laying down, constructing, maintaining and
repairing sewers, drains and pipes for water in, under and upon
the Easement Lands;
AND WHEREAS the greenhouse structures located on the
Property are located upon the Easement Lands.
NOW THEREFORE in consideration of Two Dollars ($2.00) and
other good and valuable consideration (the receipt and
sufficiency of which are hereby acknowledged by the parties
hereto) the parties agree as follows:
1. The Corporation hereby agrees to permit Year Round and its
successors in title to the Property to maintain the structures
located on the Easement Lands.
2. The Corporation shall indemnify Year Round and save them
harmless from and against any and all damage, claim, loss, cost
or expense arising either directly or indirectly from or in
:.;•·
- 2 -
connection with the exercise by the Corporation of its rights
under the said grant of easement.
3. This Agreement shall enure to the benefit of Year Round and
its successors and assigns, including its successors in title to
the Property and shall bind the Corporation and its successors
and assigns.
IN WITNESS WHEREOF the Corporation of the Town of Aurora has
affixed its corporate seal under the hands of its officers duly
authorized in that behalf all as of the day and year first above
written.
SIGNED, SEALED & DELIVERED
in the presence of
'
) THE CORPORATION OF
~ THE TOWN OF AURORA ~ ~ Per: . MJ~,
~ ~nrt:¢~ c/s
)
SCHEDULE "A"
ALL AND SINGULAR that certain parcel or tract of land and premises
situate, lying and being in . the Town of Aurora in the Regional
Municipality of York, being composed of Part of Lot 106, according
to a Plan filed in the Registry Office for the Registry Division
of York Region as No. 246, being more particularly described
as follows:
COMMENCING at an iron pipe planted in the southerly limit of
the said Lot 106 . where it is interse!='ted by an old f~nce for
the existing westerly limit of the sa1d Lot l06, the sa1d
iron pipe being distant 675 feet 111& inches measured westerly
thereon from an iron bar marking the easterly ·limit of the saicf
Lot 106, and the easterly limit of the Town of Aurora;
'!'HENCE NORTH 12 degrees 36 minutes West along said fence, 171
feet 3ls inches to an iron pipe in a line drawn parallel to and
distant 170 feet 10-3/4 inches measured northerly at right angles
from the Southerly limit of said Lot 106;
'!'HENCE North 73 degrees 44 minutes East 303 feet 11 inches to
a point;
'!'HENCE SOOTH 16 degrees 16 minutes East 170 feet 10-3/4 inches
to a point in the southerly limit of said Lot 106r
'!'HENCE SOOTH 73 degrees
limit of said Lot 106,
commencement.
44 minutes West along the southerly
314 feet 111& inches to the point of
SAVE AND EXCEP'l' thereout and therefrom the land taken by
Instrument No. 40859A by the Regional Municipality of York
(formerly County of York) for road widening purposes.