BY-LAW NUMBER ""I OF 1993 OF THE CITy-oFiBARNIA. "A By-Law to Authorize an Agreement with Ralph Grasso and Emilia Grasso"

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1 BY-LAW NUMBER ""I OF 1993 OF THE CITy-oFiBARNIA "A By-Law to Authorize an Agreement with Ralph Grasso and Emilia Grasso" WHEREAS it is deemed expedient that the Corporation of the City of Sarnia enter into an Agreement with Ralph Grasso and Emilia Grasso. NOW THEREFORE the Municipal council of the Corporation of the city of Sarnia enacts as follows: 1. The corporation of the City of Sarnia is authorized to enter into a Right-of-Way Agreement with Ralph Grasso and Emilia Grasso, in the form of the Agreement a copy of which is annexed to this By-Law. 2. The Mayor and Clerk are authorized to execute such Agreement and to affix to it the corporate Seal of the Corporation of the City of Sarnia. 3. This By-Law comes into force and effect upon being finally passed. FINALLY PASSED this., ~L ~ Clerk DOC: lip (9) C: \ 9Y-LAW\IIORKING\EXMT1392_COl 0#6

2 THIS AGREEMENT made the day of, BETWEEN: THE CORPORATION OF THE CITY OF SARNIA - and - (hereinafter called the "GRANTOR") OF THE FIRST PART RALPH GRASSO AND EMILIA GRASSO, of the City of Sarnia in the County of Lambton (hereinafter called the "GRANTEES") OF THE SECOND PART WHEREAS the Grantor is the registered owner of the lands described on Schedule "A" attached hereto (the "Land") and the Grantees have requested a temporary Right-of-Way over a portion of the Land to provide vehicular access to their property; AND WHEREAS the Grantor has agreed to grant the temporary Right-of-Way upon certain conditions; NOW THEREFORE witness that in consideration of the sum of TWO ($2.00) DOLLARS of lawful money of Canada, the receipt and sufficiency of which is acknowledged by the Grantor, the Grantor hereby grants to the Grantees, a Right-of-Way for persons and vehicles over that part of the Land designated as Part 1 on Reference plan 25R-6310 (the "Strip"). The Right-of-Way is herein granted on the following terms and conditions which are hereby mutually covenanted and agreed to by and between the Parties. 1. The Right-of-Way herein granted shall be used by the Grantees their servants, agents, contractors and workmen for the sole purpose of ingress and egress to and from the Grantees land and the Right-of-Way herein granted is expressly declared to be appurtenant to that land which is described on Schedule "B".

3 The Grantees shall maintain an access driveway over the strip during the term of the Right-of-Way to the satisfaction of the City Engineer and shall keep the strip clear of all debris or other obstacles at all times. 3. The Grantees shall indemnify and save harmless the city from any claims or damages which my arise as a result of the exercise of the Right-of-Way herein granted. 4. The Right-of-Way shall be used and enjoyed by the Grantees for a period of one year from the date of this Agreement and may be renewed from time to time at the pleasure of the Municipal Council of the Grantor. 5. The Right-of-Way may be terminated by either Party upon delivery to the other Party of 90 days written notice. Delivery of such notice shall be sufficient if it is sent by prepaid registered mail to: In the case of the Grantor: commissioner of Planning and Development City Hall 255 N. Christina street sarnia, ontario N7T 7N2 In the case of the Grantees: 1392 Exmouth street Sarnia, ontario N7S 3Y1 6. Subject to the foregoing, the Right-of-Way is and shall be of the same force and effect as a covenant running with the land and this grant, including all the covenants and conditions herein contained, shall extend to, be binding upon and enure to the benefit of the Parties, their heirs, executors, administrators, successors and assigns, and all covenants shall be construed to several as well as joint.

4 The Grantees shall be responsible for the costs of registration of this Agreement in the appropriate Land Registry Office. IN WITNESS WHEREOF the Parties have executed this Agreement. THE CORPORATION OF THE CITY OF SARNIA Mayor Clerk RALPH GRASSO AND EMILIO GRASSO Witness Witness DOC: (WP-B) C:\AGREE\EXMT1392_L04 P1-3 0#1

5 AFFXDAVXT OF SUBSCRXBXNG WXTNESS of the city of Sarnia in the County of Lambton make oath and say: I am a subscribing witness to the attached instrument and I was present and saw it executed at Sarnia, ontario by RALPH GRASSO. I verily believe that each person whose signature I witnessed is the party of the same name referred to in the instrument. SWORN before me at the City of Sarnia, in the County of Lambton this day of 19 A Commissioner for taking Affidavits etc.

6 AFFIDAVIT OF SUBSCRIBING WITNESS I, of the City of Sarnia in the County of Lambton make oath and say: I am a subscribing witness to the attached instrument and I was present and saw it executed at Sarnia, ontario by EMILIO GRASSO. I verily believe that each person whose signature I witnessed is the party of the same name referred to in the instrument. SWORN before me at the City of Sarnia, in the County of Lambton this day of 19 A Commissioner for taking Affidavits etc.

7 BY-LAW NUMBER 4 \ OF THE CITY OF SARNIA OF 1993 "A By-Law to Authorize an Agreement with Ralph Grasso and Emilia Grasso" READINGS: FIRST: IYitl-RC ~ B ~Ct,q~ SECOND: M.<1I2.CI-I 5! 19 "'I~ THIRD: tvlr:lfl,(.11 6 L~<j3 i THE CORPORATION OF THE CITY OF SARNIA LEGAL SERVICES (DGM/be) city Hall Sarnia, ontario N7T 7N2