Common use of UTILITY EASEMENTS AND OTHER INSTRUMENTS Clause in Contracts

UTILITY EASEMENTS AND OTHER INSTRUMENTS. The Plans, as approved by the Municipality, shall designate road allowances, public utility lots, easements or rights‑of‑way of widths adequate to the needs of the Municipality and utility companies, for the construction and installation of Municipal Improvements and services, natural gas, power, and telephone service to and through the Development Area, and for storm drainage systems, and shall be of a width and in such locations as required by the Municipality. The road allowances, public utility lots, easements and utility rights-of-way shall be granted and registered to the Municipality (without further compensation payable to the Developer), upon the submission for registration of a Plan of Subdivision for the Development Area and prior to the sale of any lots covered by a Plan of Subdivision and in any event prior to Commencement of Construction. Where subdivision is contemplated as part of the development of the Development Area, the Developer shall within One (1) month of registration of the Plan of Subdivision, and prior to the sale of any lots within the Development Area, provide to the Municipality proof of the registration of all road allowances, public utility lots, easements and utility rights-of-way required by the Municipality. The Developer agrees that the road allowances, easements and utility rights‑of‑way shall be in a form acceptable to the Municipality and shall be a first charge (excepting other easements and utility rights-of-way) and that the Developer shall obtain and register postponements of all liens, charges and encumbrances in favour of the easements. Such road allowances, easements or utility rights‑of‑way shall provide that the Municipality shall have the right either:

UTILITY EASEMENTS AND OTHER INSTRUMENTS. ‌ 12.1 The Plans, as approved by the MunicipalityTown, shall designate road allowances, public utility lots, easements or rights‑of‑way rights-of-way of widths adequate to the needs of the Municipality Town and utility companies, for the construction and installation of Municipal Improvements and services, natural gas, power, and telephone telecommunications service to and through the Development Area, and for storm drainage systems, and shall be of a width and in such locations as required by the Municipality. The road allowances, public utility lots, easements and utility rights-of-way shall be granted and registered to the Municipality (without further compensation payable to the Developer), upon the submission for Town. 12.2 Upon registration of a Plan of Subdivision for the Development Area Subdivision, and prior to the sale of any lots within the Development Area covered by a the Plan of Subdivision and in any event prior to Commencement of Construction. Where subdivision is contemplated as part of the development of the Development AreaSubdivision, the Developer shall within One (1) month grant to the Town easements or utility rights-of-way for such purposes and shall register or cause to be registered such easements or utility rights-of-way concurrently with the registration of the Plan of Subdivision. 12.3 The Developer shall at the time of registration of the Plan of Subdivision, and prior to the sale of any lots within the Development Area, provide to the Municipality Town proof of the registration of all road allowances, public utility lots, easements and utility rights-of-way required by the MunicipalityTown. This should be a part of subdivision. 12.4 The Developer agrees that the road allowances, easements and utility rights‑of‑way rights-of-way shall be in a form acceptable to the Municipality Town and shall be a first charge (excepting other easements and utility rights-of-way) and that the Developer shall obtain and register postponements of all liens, charges and encumbrances in favour of the easements. . 12.5 Such road allowances, easements or utility rights‑of‑way rights-of-way shall provide that the Municipality Town shall have the right either: (a) to assign all or any parts of the rights thereby granted to operators of the respective utilities; or (b) to grant permits or licenses to install, repair and replace gas, power and telecommunication lines, and all drainage systems. 12.6 The Developer covenants that it shall register or cause to be registered against the Development Area or other lands controlled by the Developer, in a form acceptable to the Town, restrictive covenants and other instruments which are required by any subdivision approval for the Development Area or otherwise required under the terms of this Agreement.

UTILITY EASEMENTS AND OTHER INSTRUMENTS. 12.1 The Plans, as approved by the MunicipalityTown, shall designate road allowances, public utility lots, easements or rights‑of‑way rights-of-way of widths adequate to the needs of the Municipality Town and utility companies, for the construction and installation of Municipal Improvements and services, natural gas, power, and telephone service to and through the Development Area, and for storm drainage systems, and shall be of a width and in such locations as required by the Municipality. The road allowances, public utility lots, easements and utility rights-of-way shall be granted and registered to the Municipality (without further compensation payable to the Developer), upon the submission for Town. 12.2 Upon registration of a Plan of Subdivision for the Development Area Subdivision, and prior to the sale of any lots within the Development Area covered by a the Plan of Subdivision and in any event prior to Commencement of Construction. Where subdivision is contemplated as part of the development of the Development AreaSubdivision, the Developer shall grant to the Town easements or utility rights-of-way for such purposes and shall register or cause to be registered such easements or utility rights-of-way contemporaneously with the registration of the Plan of Subdivision. 12.3 The Developer shall within One ONE (1) month of registration of the Plan of Subdivision, and prior to the sale of any lots within the Development Area, provide to the Municipality Town proof of the registration of all road allowances, public utility lots, easements and utility rights-of-way required by the Municipality. Town. 12.4 The Developer agrees that the road allowances, easements and utility rights‑of‑way rights-of-way shall be in a form acceptable to the Municipality Town and shall be a first charge (excepting other easements and utility rights-of-way) and that the Developer shall obtain and register postponements of all liens, charges and encumbrances in favour of the easements. . 12.5 Such road allowances, easements or utility rights‑of‑way rights-of-way shall provide that the Municipality Town shall have the right either: (a) to assign all or any parts of the rights thereby granted to operators of the respective utilities; or (b) to grant permits or licenses to install, repair and replace gas, power and telecommunication lines, and all drainage systems. 12.6 The Developer covenants that it shall register or cause to be registered against the Development Area or other lands controlled by the Developer, in a form acceptable to the Town, restrictive covenants and other instruments which are required by any subdivision approval for the Development Area or otherwise required under the terms of this Agreement.

UTILITY EASEMENTS AND OTHER INSTRUMENTS. 13.1 The PlansEngineering Drawings, as approved by the Municipality, shall designate road allowances, public utility lots, easements or rights‑of‑way rights-of-way of widths adequate to the needs of the Municipality and utility companies, for to accommodate the construction and installation of Municipal the Local Improvements and services, natural gas, power, and telephone telecommunication service to and through the Development Area, Area and for storm drainage systems, systems and shall be of a width and in such the locations as required by the Municipality. . 13.2 Where road allowances, public utility lots, easements and utility rights-of-way are required to construct and install the Local Improvements in accordance with the Engineering Drawings both within the Development Area and outside of the Development Area, as the case may be, the Developer agrees to acquire ownership of any and all necessary road allowances, public utility lots, easements and utility rights-of-way prior to the construction and installation of such specific Local Improvements. 13.3 The road allowances, public utility lots, easements and utility rights-of-way shall be granted and registered to the Municipality (without further compensation payable to the Developer), upon the earlier of: (a) submission for registration of a Plan of Subdivision for the Development Area and prior to the sale of any lots covered by a Plan of Subdivision; or (b) as a condition of the Municipality’s issuance of an applicable development permit, in the event that a Plan of Subdivision and in any event prior to Commencement is not contemplated as part of Construction. the development of the Development Area. 13.4 Where subdivision is contemplated as part of the development of the Development Area, the Developer shall within One (1) month of shall, upon the registration of the Plan of Subdivision, Subdivision and prior to the sale of any lots within the Development Area, provide to the Municipality proof of the registration of all road allowances, public utility lots, easements and utility rights-of-way required by the Municipality. . 13.5 The Developer agrees that the road allowances, easements and utility rights‑of‑way rights-of-way shall be in a form acceptable to the Municipality and shall be a first charge (excepting other easements and utility rights-of-wayway and any other registrations held by the Municipality) and that the Developer shall obtain and register postponements of all liens, charges and encumbrances in favour of the easements. Such road . 00.0 Xxxx xxxx allowances, easements or utility rights‑of‑way rights-of-way shall provide that the Municipality shall have has the right to either: (a) assign all or any parts of the rights thereby granted to operators of the respective utilities; or (b) grant permits or licenses to install, repair and replace gas, power and telecommunication lines, and all drainage systems. 13.7 The Developer covenants that it shall register or cause to be registered against the Development Area or other lands controlled by the Developer, in a form acceptable to the Municipality, restrictive covenants and other instruments which are required by any subdivision approval for the Development Area or otherwise required under the terms of this Agreement. 20 -DA- 13.8 The Developer hereby grants, conveys, transfers and sets over to and unto the Municipality, its servants, agents, contractors, successors, assigns and licensees: (a) the right, license, liberty, privilege and easement across, over, under, on and through all of the Lands, described within Schedule "A" of this Agreement, or acquired pursuant to paragraph 13.2, for the purposes of laying down, installing, constructing, operating, inspecting, maintaining, repairing, replacing, altering, removing and reconstructing from time to time sanitary sewer, storm sewer, drainage, water, gas, electrical, including street lights, and telecommunication lines, services or distribution systems, and temporary roadways, together with any and all appurtenances incidental or necessary in relation to the above, together with the right of ingress and egress over the Lands with vehicles, supplies and equipment for all purposes useful or convenient in connection with or incidental to the exercise and enjoyment of the rights and privileges granted within this Agreement; and (b) the dedication of all roads shown within any subdivision approval for the Lands, as amended by this Agreement or the Engineering Drawings subsequently approved by the Municipality, which dedications may be registered at any time by the Municipality by road plan in accordance with Section 62 of the Act. The grant of the right of way provided above is and shall be for as long as is necessary for the Municipality and is intended to be a covenant that runs with the Lands, until such time as the Plan of Subdivision and/or any applicable and required public utility lots, easements, road allowances and utility rights-of-way have been registered with Land Titles, and shall survive termination of this Agreement.

UTILITY EASEMENTS AND OTHER INSTRUMENTS. 12.1 The Plans, as approved by the MunicipalityCounty, shall designate road allowances, public utility lots, easements or rights‑of‑way rights-of-way of widths adequate to the needs of the Municipality County and utility companies, for the construction and installation of Municipal Improvements and services, natural gas, power, and telephone service to and through the Development Area, and for storm drainage systems, and shall be of a width and in such locations as required by the Municipality. County. 12.2 The road allowances, public utility lots, easements and utility rights-of-way shall be granted and registered to the Municipality County (without further compensation payable to the Developer), upon the earlier of submission for registration of a Plan of Subdivision for the Development Area and prior to the sale of any lots covered by a Plan of Subdivision Subdivision, and in any event prior to Commencement of Construction. Where subdivision is contemplated as part Construction of the development of the Development Area, the Municipal Improvements. The Developer shall within One (1) month of registration of the Plan of Subdivision, and prior to the sale of any lots within the Development Area, provide to the Municipality County proof of the registration of all road allowances, public utility lots, easements and utility rights-of-way required by the Municipality. County. 12.3 The Developer agrees that the road allowances, easements and utility rights‑of‑way rights-of-way shall be in a form acceptable to the Municipality County and shall be a first charge (excepting other easements and utility rights-of-way) and that the Developer shall obtain and register postponements of all liens, charges and encumbrances in favour of the easements. . 12.4 Such road allowances, easements or utility rights‑of‑way rights-of-way shall provide that the Municipality County shall have the right either: (a) to assign all or any parts of the rights thereby granted to operators of the respective utilities; or (b) to grant permits or licenses to install, repair and replace gas, power and telephone lines, and all drainage systems. 12.5 The Developer covenants that it shall register or cause to be registered against the Development Area or other lands controlled by the Developer, in a form acceptable to the County, restrictive covenants and other instruments that are required by any subdivision approval for the Development Area or otherwise required under the terms of this Agreement.

UTILITY EASEMENTS AND OTHER INSTRUMENTS. 13.1 The PlansEngineering Drawings, as approved by the Municipality, shall designate road allowances, public utility lots, easements or rights‑of‑way rights-of-way of widths adequate to the needs of the Municipality and utility companies, for to accommodate the construction and installation of Municipal the Local Improvements and services, natural gas, power, and telephone telecommunication service to and through the Development Area, Area and for storm drainage systems, systems and shall be of a width and in such the locations as required by the Municipality. . 13.2 Where road allowances, public utility lots, easements and utility rights-of-way are required to construct and install the Local Improvements in accordance with the Engineering Drawings both within the Development Area and outside of the Development Area, as the case may be, the Developer agrees to acquire ownership of any and all necessary road allowances, public utility lots, easements and utility rights-of-way prior to the construction and installation of such specific Local Improvements. 13.3 The road allowances, public utility lots, easements and utility rights-of-way shall be granted and registered to the Municipality (without further compensation payable to the Developer), upon the earlier of: (a) submission for registration of a Plan of Subdivision for the Development Area and prior to the sale of any lots covered by a Plan of Subdivision; or (b) as a condition of the Municipality’s issuance of an applicable development permit, in the event that a Plan of Subdivision and in any event prior to Commencement is not contemplated as part of Constructionthe development of the Development Area. 20 -DA- 13.4 Where subdivision is contemplated as part of the development of the Development Area, the Developer shall within One (1) month of shall, upon the registration of the Plan of Subdivision, Subdivision and prior to the sale of any lots within the Development Area, provide to the Municipality proof of the registration of all road allowances, public utility lots, easements and utility rights-of-way required by the Municipality. . 13.5 The Developer agrees that the road allowances, easements and utility rights‑of‑way rights-of-way shall be in a form acceptable to the Municipality and shall be a first charge (excepting other easements and utility rights-of-wayway and any other registrations held by the Municipality) and that the Developer shall obtain and register postponements of all liens, charges and encumbrances in favour of the easements. . 13.6 Such road allowances, easements or utility rights‑of‑way rights-of-way shall provide that the Municipality shall have has the right to either: (a) assign all or any parts of the rights thereby granted to operators of the respective utilities; or (b) grant permits or licenses to install, repair and replace gas, power and telecommunication lines, and all drainage systems. 13.7 The Developer covenants that it shall register or cause to be registered against the Development Area or other lands controlled by the Developer, in a form acceptable to the Municipality, restrictive covenants and other instruments which are required by any subdivision approval for the Development Area or otherwise required under the terms of this Agreement. 13.8 The Developer hereby grants, conveys, transfers and sets over to and unto the Municipality, its employees, agents, contractors, successors, assigns and licensees: (a) the right, license, liberty, privilege and easement across, over, under, on and through all of the Lands, described within Schedule "A" of this Agreement, or acquired pursuant to Section 13.2, for the purposes of laying down, installing, constructing, operating, inspecting, maintaining, repairing, replacing, altering, removing and reconstructing from time to time sanitary sewer, storm sewer, drainage, water, gas, electrical, including street lights, and telecommunication lines, services or distribution systems, and temporary roadways, together with any and all appurtenances incidental or necessary in relation to the above, together with the right of ingress and egress over the Lands with vehicles, supplies and equipment for all purposes useful or convenient in connection with or incidental to the exercise and enjoyment of the rights and privileges granted within this Agreement; and (b) the dedication of all roads shown within any subdivision approval for the Lands, as amended by this Agreement or the Engineering Drawings subsequently approved by the Municipality, which dedications may be registered at any time by the Municipality by road plan in accordance with Section 62 of the Act. The grant of the right of way provided above is and shall be for as long as is necessary for the Municipality and is intended to be a covenant that runs with the Lands, until such time as the Plan of Subdivision and/or any applicable and required public utility lots, easements, road allowances and utility rights-of-way have been registered with Land Titles, and shall survive termination of this Agreement.

UTILITY EASEMENTS AND OTHER INSTRUMENTS. 13.1 The PlansEngineering Drawings, as approved by the Municipality, shall designate road allowances, public utility lots, easements or rights‑of‑way rights-of-way of widths adequate to the needs of the Municipality and utility companies, for to accommodate the construction and installation of Municipal the Local Improvements and services, natural gas, power, and telephone telecommunication service to and through the Development Area, Area and for storm drainage systems, systems and shall be of a width and in such the locations as required by the Municipality. . 13.2 Where road allowances, public utility lots, easements and utility rights-of-way are required to construct and install the Local Improvements in accordance with the Engineering Drawings both within the Development Area and outside of the Development Area, as the case may be, the Developer agrees to acquire ownership of any and all necessary road allowances, public utility lots, easements and utility rights-of-way prior to the construction and installation of such specific Local Improvements. 13.3 The road allowances, public utility lots, easements and utility rights-of-way shall be granted and registered to the Municipality (without further compensation payable to the Developer), upon the earlier of: (a) submission for registration of a Plan of Subdivision for the Development Area and prior to the sale of any lots covered by a Plan of Subdivision; or (b) as a condition of the Municipality’s issuance of an applicable development permit, in the event that a Plan of Subdivision and in any event prior to Commencement is not contemplated as part of Construction. the development of the Development Area. 13.4 Where subdivision is contemplated as part of the development of the Development Area, the Developer shall within One (1) month of shall, upon the registration of the Plan of Subdivision, Subdivision and prior to the sale of any lots within the Development Area, provide to the Municipality proof of the registration of all road allowances, public utility lots, easements and utility rights-of-way required by the Municipality. . 13.5 The Developer agrees that the road allowances, easements and utility rights‑of‑way rights-of-way shall be in a form acceptable to the Municipality and shall be a first charge (excepting other easements and utility rights-of-wayway and any other registrations held by the Municipality) and that the Developer shall obtain and register postponements of all liens, charges and encumbrances in favour of the easements. Such road . 00.0 Xxxx xxxx allowances, easements or utility rights‑of‑way rights-of-way shall provide that the Municipality shall have has the right to either: (a) assign all or any parts of the rights thereby granted to operators of the respective utilities; or (b) grant permits or licenses to install, repair and replace gas, power and telecommunication lines, and all drainage systems. 13.7 The Developer covenants that it shall register or cause to be registered against the Development Area or other lands controlled by the Developer, in a form acceptable to the Municipality, restrictive covenants and other instruments which are required by any subdivision approval for the Development Area or otherwise required under the terms of this Agreement. 13.8 The Developer hereby grants, conveys, transfers and sets over to and unto the Municipality, its servants, agents, contractors, successors, assigns and licensees: (a) the right, license, liberty, privilege and easement across, over, under, on and through all of the Lands, described within Schedule "A" of this Agreement, or acquired pursuant to paragraph 13.2, for the purposes of laying down, installing, constructing, operating, inspecting, maintaining, repairing, replacing, altering, removing and reconstructing from time to time sanitary sewer, storm sewer, drainage, water, gas, electrical, including streetlights, and telecommunication lines, services or distribution systems, and temporary roadways, together with any and all appurtenances incidental or necessary in relation to the above, together with the right of ingress and egress over the Lands with vehicles, supplies and equipment for all purposes useful or convenient in connection with or incidental to the exercise and enjoyment of the rights and privileges granted within this Agreement; and (b) the dedication of all roads shown within any subdivision approval for the Lands, as amended by this Agreement or the Engineering Drawings subsequently approved by the Municipality, which dedications may be registered at any time by the Municipality by road plan in accordance with Section 62 of the Act. The grant of the right of way provided above is and shall be for as long as is necessary for the Municipality and is intended to be a covenant that runs with the Lands, until such time as the Plan of Subdivision and/or any applicable and required public utility lots, easements, road allowances and utility rights-of-way have been registered with Land Titles, and shall survive termination of this Agreement.

UTILITY EASEMENTS AND OTHER INSTRUMENTS. 12.1 The Plans, as approved by the Municipality, shall designate road allowances, public utility lots, easements or rights‑of‑way rights-of-way of widths adequate to the needs of the Municipality and utility companies, for the construction and installation of Municipal Improvements and services, natural gas, power, and telephone service to and through the Development Area, and for storm drainage systems, and shall be of a width and in such locations as required by the Municipality. . 12.2 The road allowances, public utility lots, easements and utility rights-of-way shall be granted and registered to the Municipality (without further compensation payable to the Developer), upon the submission for registration of a Plan of Subdivision for the Development Area and prior to the sale of any lots covered by a Plan of Subdivision and in any event prior to Commencement of Construction. . 12.3 Where subdivision is contemplated as part of the development of the Development Area, the Developer shall within One One (1) month of registration of the Plan of Subdivision, and prior to the sale of any lots within the Development Area, provide to the Municipality proof of the registration of all road allowances, public utility lots, easements and utility rights-of-way required by the Municipality. . 12.4 The Developer agrees that the road allowances, easements and utility rights‑of‑way rights-of-way shall be in a form acceptable to the Municipality and shall be a first charge (excepting other easements and utility rights-of-way) and that the Developer shall obtain and register postponements of all liens, charges and encumbrances in favour of the easements. . 12.5 Such road allowances, easements or utility rights‑of‑way rights-of-way shall provide that the Municipality shall have the right either: (a) to assign all or any parts of the rights thereby granted to operators of the respective utilities; or (b) to grant permits or licenses to install, repair and replace gas, power and telephone lines, and all drainage systems. 12.6 All public utility lots shall have a 1.5 metre registered easement on adjacent properties for maintenance purposes. Further, the Developer shall construct 1.8 metre pathways in all public utility lots where pedestrian/maintenance vehicle access is required to ponds, parks or other walkways. 12.7 The Developer covenants that it shall register or cause to be registered against the Development Area or other lands controlled by the Developer, in a form acceptable to the Municipality, restrictive covenants and other instruments which are required by any subdivision approval for the Development Area or otherwise required under the terms of this Agreement.