THIS EASEMENT made this ______________ day of ________________, A.D. 1983.
BETWEEN:
CHALET INVESTMENTS LTD.
a body corporate incorporated pursuant to the
laws of the Province of Alberta
(hereinafter referred to as "the Grantor")
OF THE FIRST PART
- and -
THE CITY OF EDMONTON
a municipal corporation
(hereinafter referred to as "the Grantee")
OF THE SECOND PART
WHEREAS the City of Edmonton transferred to Chalet Investments Ltd., pursuant to an agreement made between the parties on the __________ day of ___________, 1983, certain portions of the lanes south of 118th Avenue, between 78th Street and 79th Street, and west of 78th Street, between the lane south of 118th Avenue and 117th Avenue, and legally described as Plan ____, Block ____ , Lot ______, Excepting thereout all mines and minerals (hereinafter referred to as the "easement area"); and
WHEREAS the City of Edmonton has certain utilities and services located in, upon, through and under the easement area and requires the utilities and services to remain therein and access thereto from time to time;
NOW THEREFORE the Grantor, in consideration of the sum of One Dollar ($1.00), now paid to the Grantee, receipt of which is hereby acknowledged, and in consideration of the covenants herein contained, grants to the Grantee and all others with a like right thereto an easement and right-of-way in, upon, through and under the easement area for the laying down, replacing, repairing, maintaining, constructing, inspecting, operating and removing of gas pipelines, electrical and telephone distribution and transmission lines, sanitary and storm sewer lines, water distribution lines, surface drainage depressions, cable television lines and any other utility and service line and system whatsoever, together with the appurtenances thereto, on the following terms and conditions:
1. The rights herein shall be granted for as long a period as the Grantee, its successors or assigns may wish to exercise the rights hereby given.
2. The Grantee shall have the right to do whatever may be required for the enjoyment of the rights herein granted within, through, along, in, upon or under the easement area.
3. Upon the execution of these presents and at all times hereafter, the Grantee, its successors or assigns may enter upon and occupy the easement area with its agents, employees, and independent contractors, with or without vehicles, machinery and equipment, for any purpose it may require.
4. The Grantor gives the Grantee a right of access to the said easement area for the purposes aforesaid, across any land against which this easement is registered, PROVIDED THAT the said right of access shall be used only in cases of necessity as determined by the Grantee, and PROVIDED THAT the Grantee, its successors and assigns, pays reasonable compensation to the then owner of such property for any damage occasioned thereby.
5. The Grantor agrees that any utilities or appurtenances to be constructed, installed and maintained in, over, under, along or through the said easement area by the Grantee, its successors or assigns shall remain chattels, and notwithstanding any rules of law to the contrary, shall remain the sole and exclusive property of such a person or corporation.
6. The Grantor shall not without the prior written consent of the Grantee, excavate, drill, install, erect or permit to be excavated, drilled, installed or erected in, along, over, under or through the said easement area, any pit, foundation, pavement, building, fence, sidewalk, or other structure or installation, but otherwise the Grantor shall have the right fully to use and enjoy the said easement area.
7. The Grantor shall request, in writing, from the Grantee, the prior written consent required under or authorized to be given under this easement. Such request shall be sent by registered mail addressed to the City at:
Technical Services Section
Engineering Department
c/o City Hall
1 Sir Winston Churchill Square
Edmonton, Alberta
T5J 2R7
8. The Grantee by performing and observing the covenants and conditions herein contained shall peaceably hold and enjoy all the rights, privileges, liberties and covenants hereby granted without hindrance, molestation or interruption from the Grantor or any person claiming through, under or for the Grantor.
9. The Grantor agrees that the Grantee shall, without the consent of the Grantor, have the right to assign, in whole or in part within the easement, the right to use the same.
10. The Grantee shall at all times hereafter indemnify and keep the Grantor indemnified against all actions, claims and demands that may be lawfully brought or made against the Grantor by reason of anything done by the Grantee, its agents or contractors, in the exercise or purported exercise of the rights granted.
11. The Grantee shall install, construct, operate and maintain any utility lines or systems in a good and workmanlike manner so as to minimize damage to the easement area and shall, where practicable, after any such work restore the easement area to substantially the original level and condition or, at the Grantee's option, to a modified level or condition consistent with the Grantee's use of the easement area. No guarantees or warranties are implied that after levelling subsequent subsidence will not occur.
12. The Grantee, or its successors and assigns, shall compensate the Grantor for reasonable damage to buildings, fences or other structures belonging to the Grantor resulting from the activities requisite for the enjoyment of the rights herein granted and if at any time hereafter the Grantee, or any person or corporation acting on its behalf, shall deem it necessary to move or destroy any fences situate on the easement area and belonging to the Grantor, then the grantee or its successors and assigns shall replace the said fences in substantially the original condition and position.
14. This agreement shall be bind upon, and enure to the benefit of the successors and assigns of the Grantor and the Grantee respectively; and wherever the singular or masculine is used the same shall be construed as meaning the plural or feminine, or a body corporate, where the context or the parties so require.
IN WITNESS WHEREOF the parties hereto have set their hands and seals by their proper officers, in that behalf on the ________________ day of ____________________, A.D. 1983.
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