THIS AGREEMENT made this 17th day of December, A.D. 1976.
BETWEEN:
THE CATHOLIC ARCHDIOCESE OF EDMONTON,
(hereinafter called the "Grantor"),
OF THE FIRST PART
- and –
ST. ANDREWS HOUSING LIMITED, a limited
company incorporated pursuant to the provisions
of The Companies Act of Alberta,
(hereinafter called the "Grantee"),
OF THE SECOND PART
- and -
THE CITY OF EDMONTON, a Municipal Corporation
pursuant to the Municipal Government Act of
Alberta,
(hereinafter called the "Assignee"),
OF THE THIRD PART,
WHEREAS the Grantor is the owner of the following lands within the boundaries of the City of Edmonton, in the Province of Alberta:
Lot E, Block 8, Plan 892 A.J.
AND WHEREAS those lands being subdivided and the portion upon which the existing church building presently stands shall become a proposed Lot 1 and a portion of those lands to the north of the existing church building shall become part of Lot 2 in the proposed subdivision;
AND WHEREAS the Grantee wishes to obtain a permanent Easement upon a portion of the proposed Lot 1 as shaded in orange in "Schedule D" annexed to an Agreement between the City of Edmonton and the Grantee and dated the 17th day of December, A.D. 1976 for the purposes of installing and maintaining a bus shelter:
AND WHEREAS the Grantee proposes to develop an old folks home on the proposed Lot 2 which is to comprise a portion of Lot E, Block 8, Plan 892 A.J. as well as other lands within the boundaries of the City of Edmonton, in the Province of Alberta, and legally described as follows:
(a) Lots 4, 5 and 6, Block 18, Plan LX
(b) Lots 13, 14 and 15, Block 3, Plan LX
(c) Lots 16 and 17, Block 3, Plan 1450 N.C.
(d) A portion of the St. Albert Trail as outlined in blue on Schedule A to the Agreement between the City of Edmonton and the Grantee dated the 17th day of December, A.D. 1976.
which properties are to comprise the proposed Lot 2 in the new subdivision;
AND WHEREAS the Grantor wishes to obtain, as long as the Grantor needs it, use of parking facilities to be installed in the said development of the Grantee on the proposed Lot 2.
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and conditions hereinafter contained the Grantor hereby grants, conveys, and releases unto the Grantee, its successors and assigns a permanent Easement and as such the right to enter upon the following portion of the following land:
That area shaded in orange in Schedule "D" annexed to the Agreement between the City of Edmonton and St. Andrews Housing Limited and dated the 17th day of December, A.D. 1976 and forming part of the proposed Lot 1 in the new subdivision and presently part of Lot E, Block 8, Plan 892 A.J. (hereinafter referred to as the "Bus Easement")
for the construction, maintenance, inspection, removal, replacement, reconstruction and repair of a bus shelter for as long as such a bus shelter may be required and the Grantor hereby grants, conveys, releases and confirms unto the Grantee, its successors and assigns forever, a free and uninterrupted right-of-way, an Easement for ingress, egress and regress to the said portion or strip of land described above for the purposes mentioned from the date of this agreement and for so long thereafter as the Grantee may desire to exercise the rights and privileges hereby given on the following terms and conditions, which are hereby mutually covenanted and agreed to by and between the Grantor and the Grantee:
1. The Grantee agrees to provide parking facilities to a minimum of forty (40) stalls for the use of the Grantor whenever required by the Grantor, from the date of this agreement and for so long thereafter as the Grantor may desire to exercise the rights and privileges hereby given, on lands described as follows:
the proposed Lot 2 in the new subdivision comprising of lands presently described as follows:
(a) Lots 4, 5, and 6, Block 18, Plan LX
(b) Lots 13, 14 and 15, Block 3, Plan LX
(c) Lots 16 and 17, Block 3, Plan 1450 N.C.
(d) That portion of Lot E, Block 8, Plan 892 A.J. situated to the north of the existing church building
(e) That portion of the St. Albert Trail as outlined in blue on Schedule A annexed to the Agreement between the City of Edmonton and St. Andrews Housing Limited dated the 17th of December, A.D. 1976 (hereinafter referred to as the "Parking Easement").
2. Notwithstanding anything hereinbefore mentioned, the Grantee will compensate the Grantor for damage done to any fences or other improvements resulting from the construction, inspection, removal, replacement, reconstruction or repair of the said bus shelter on the Bus Easement.
3. Notwithstanding anything hereinbefore mentioned, the Grantee will hold the Grantor indemnified and will compensate the Grantor for any damage done to property of others or injuries incurred by others, as a result of the construction, maintenance or lack thereof, inspection, removal, replacement, reconstruction, repair and use of the said bus shelter.
4. Upon the discontinuance of the use of the Easement upon the Bus Easement as granted hereby, the Grantee shall and will restore to the same condition as the same were in prior to the entry thereon and the use thereof by the Grantee the lands in the Bus Easement.
5. The Grantee hereby assigns the Easement hereby granted to the lands described as the Bus Easement to the Assignee for the consideration of One ($1.00) Dollar and hereby agrees that the said Easement shall be used by the Assignee and members of the general public and the Grantor hereby approves such Assignment.
6. This agreement and everything herein contained shall enure to the benefit of and be binding upon the heirs, executors, administrators, successors, and assigns of the parties hereto.
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