BYLAW - To Authorize the Execution of a Bill of Sale - 19420706 - 88142'
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A lly"'l•w to authorize the $Xlli<;~Wt:l..on of .a Bill of Sah by
The Bell Telephone Company M! Cl!U'Iada to The Corporation of the Town. (;If
ena~ts ~~oa follovnw ..
l• ',!'he t.1!lyor a~d the Clerk pt the said Corporation are
hli!ttlby ~mp(!WeN>d \ilflt'l au'l:herbed to e:~teowt;e; en behalf of the said Qorpora,tio . .
a B;ll of Sale• wh,hh ~ill been :r~;~ad •t the present mwt:l.ng, whi'Jrel>y '.the
~!~ell Telephona C.:>lllp~W.y J)f Oanwla~ u Vendor# &fills to 'l'he Corporation of th
,-own of Ji.UJ:'ln'a, ae :!'1;irohaser, One (1} pol-e loc.:a.ted Ol'l the North sid!l l!)f
Wellington Street~ West of !il!orge Street, if!. the Town o£ A,urora,, :Qntario,
a.!il more p!U'tieulaJ".ly desor:l.bed ill the eaM flill of 1!ale, tor the :p~·ioe ·Of
S:even Dollars :and Forty .. aill. Csnt!l ($7.46), E!;ld to affix the corporate esal
ot the l!l1!id llin"Porat:ion th<~rete.
t. This lly .. law shdl oome j;l)to :l'or:c4 and e:f'fect on and
. after the l'ltfli:l:l.ng thflrsot.
Dated at the Town Hall, Aurora,this 6th.day of July,l942
fassed at the Town Hall,Aurora,this 6th. day of July 1942
~;:.(;: t7. ~
Clerk.
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(tOOO•N2)
~bt~ 1Jnbenture
made in duplicate---the day of
in the year of our Lord one thousand nine hundred and Jorty*two.
~tttueen:
THE BELL TEL!lil'!!ONE OOlWANY OF OAW\.DA, a body duly incorporated
by Act of the ,Parlialllen·t of Canada, ha.:11'ing itlil Uead Office at the City of
ll!o)'ltreal, Province of Quebec, hereto acting and repreeented by its proper , . .
~i'fioers to these presents duly authorbed under its by .. laws,
hereinafter called the "Vendor " of the First Part,
and
Tlllll CORPORATION OF Tl:llil TO~l OF AURORA, a municipal corporll,tion
of the ProvinC~e of Ontario, hereto aoting and repreeentl!ld by F. R. Underhill
ib l\!B,yor, and A.C .A. W<;~llis; its Clerk, to these presents duly authorized
by virtue of and urider By-law :No, of the said Corporation passed by the
Cotmcil of s.aid corporation a.t a regular meetiM of the. said Council duly
held on the day of , 1942, certified copy of which i~ 4eret
annexed;
hereinafter called the "Purchaser " of the Second Part.
Wbtrta~ the said Vendor 1$ possessed of the telephone
described and enumerated,
plant hereinafter set forth
and hath contracted and agreed with the said Purchaser for the absolute Sale to it , the
said Purchaser , of the same, for the sum of Seven Dollars and Forty~six cents ( $7.4
NOW THIS INDENTURE WITNESSETH that in pursuance of the said Agreement and in con-
sideration of the sum of Seven Dollars and li'orty•li!iX cents (J/;7 .46
of lawful money of Canada, paid by the said Purchaser to the said Vendor at or before the sealing
and delivery of these presents; (the receipt whereof is hereby by it acknowledged) it , the
said Vendor , HATH BARGAINED, sold, assigned, transferred, and set over, and by these
Presents DCI'H BARGAIN, sell, assign, transfer and set over unto the said Pur_crc:!'h"'a§!se~r-==~-
its succeseol'S _:_ ______________ -and assigns:--
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au tbo~e the said telephone~-~ plant consisting of:--
One (1) Twenty-five foot (25') elaes 5 Eastern cedar stub pole
located on the North aide of Wellington Street, appro:idnw.tely 65G feet West
o£ George f:l·braot• in tha Town of Aurora, in the Cou!'r~y of York, Ji'rovinca of
On-tario, as shown in :red on the plan !llla'ked Exhibit "A" hereto attaeh$d l;l.nd
forming part hereof•
With which aaid pole 'the s.aid l'urehasw-ilil e<mtent e.nd aatil!•
fied he.v;ng l'!ee:n, viewed and eJ~;amin~~d the same• -'------~------.
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I APF'ROVED
~ ASTOFORM
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AND all theinterestof it , the said Vendor , in, to and outofthe said plant, and every part thereof:
TO HAVE AND TO HOLD the said hereby assigned telapltone plant and every part thereof,
with the appurtenances and all the interest of the said Vendor thereto and therein, as aforesaid,
unto and to the use of said Purchaser 1 ts sU!IOeS!Hll'S
and assigns to and for its !t)ld their sole and only use FOREVER, but this sale is made
without any warranty or subrogation as to the right to erect or maintain the said telephone
plant above mentioned either in its present or any other location.
AND the said Vendor DO 'l'H hereby COVENANT PROMISE and AGREE with the said Pur-
chaser in manner following, that is to say THAT :1. t , the said Vendor , is now rightfully
and absolutely possessed of and entitled to the said hereby assigned telephone plant and
every part thereof.
AND that the said Purchaser shall and may from time to time, and at all times hereafter, peacefully
and quietly have, hold, possess and enjoy the said hereby assigned telephone plant and
every part thereof, to, and for its own use and benefit without any manner of hindrance, inter-
ruption, molestation, claim or demand whatsoever of, from or by it , the said Vendor .
AND further it is covenanted and agreed by and between the Parties hereto that the Purchaser
will forthwith at its own expense, remove and obliterate all words, letters, figures or
marks painted, stencilled, printed, punched, hammered or marked on any poles, crossarms or other
chattels or fixtures passing hereunder which would indicate that the same are the property of the said
Vendor , and should it fail to do so the said Vendor i11 hereby relieved from all
claims, suits, actions or damages resulting from any employee of the said Vendor interfering with,
removing or destroying any pole, crossarm or other chattel or fixture passing hereunder upon which
any such words, letters, figures or marks remain.
THE Vendor shall from time to time and at all times hereafter upon every reasonable request of
and at the expense of the Purchaser , execute and deliver all further and other instruments and·
documents and do or cause to be done all acts and things whatsoever for the better and more per-
fectly conveying and assuring any and everything hereby conveyed or agreed or intended so to be,
and for the purpose of effectually carrying out the intents and purposes of this agreement.
'i'lu~ trjl.llsh:r referred to herein shall take ei'f$Ct l.l..nd the propl)rty hereby
conveyed shall pass into the hands of the sQid Purchaser as of Twelve o'clock
midnight 11rf the .. , d$y c:f' , 1942, IUid the .Purchaser hereby
assumes all resp0ll$ibility for and in respect to !la.i.d property from l!Uoh de.y
and Mur IUid shall at all Um11s hereafter we:Li and truly .. a.ve, defend, keep
harmless and fully indemnify t.he Vl!lndo:r, its succes$orl!l !t)ld assigns, o:f', fl:'OJn
and against all elaims, le$$, <lhttrges, damages; IX>ilts and expenses what"soever
which the eaid Vendor may at any tim" or times ht~reafter bear, eusta;in, auffE> ,
be at, or b$ put to for Ol;" by reaaon o.f the us,., operation pr :maint,.nance
ther,.of by the :Pw•chaser or anything in any manner relating thereto. --~,.....jl
AND IT IS EXPRESSLY AGREED between the parties hereto that the grants, covenants and
agreements, rights, powers, privileges and liabilities contained in this Bill of Sale shall be read and
held as made by and with and granted to and imposed upon the respective parties hereto and their
respective heirs, executOrs, administrators, successors and assigns, and these presents shall be read
and construed the same as if the words heirs, executors, administrators, successors and assigns, had
been inscribed in all proper and necessary places.
IN WITNESS WHEREOF the said parties hereto have executed these presents.
~ign:elr, ~ealelr attlr ~e!ibmlr,
IN THE PRESENCE OF
Jldf. B£LJ.. U:L£PHOfl/£ 00!1/PANY OF CANADA ...... · ~
l'RESID l>/1'
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SlUe, POLl: ~
10 l!>E SOLD :Ill
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AUI20l2A LOOP
R :!>G T-e,A
TYLt!Z
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.ST
AUI20QA
DU.MA11..1& 4'2.
This is Exhibit "A 11 referred t.o 'in the attached indenture and forming
part thereof between the. ~Oif-~OllATION OF Tim TOWN OF AURORA as Purchaser
n1d THE BELL TELEPHONE COMPANY OF CANADA as. Vendor and dated
1942.
Signed for Identification:
ON BEHALF OF The Corporation of the
Town of Aurora.
ON BEHAIP of ~e Bell
company of Canada.
Telephone