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REGISTERED KAKX21895 X16095 2007-03-21-09.46.21.864245

KX1i2 1895

- PART 1 This area for Land Title Office use Page 1 of 5 Panes1. APPLICATION: Name, address, phone number and signature of applicant. applicant’s solicitor or agentMarlene Tolman, Legal Secretary, Gordon & Company, Barristers and Solicitors, Box 800, 202 -

8309 Main Street,

2.

Osoyoos, B.C. VOH 1VO 495-6508, Client Number 10534 ‘yLAND:PARCEL IDENTIFIERS AND LEGAL DESCRIPTIONS OF

PlO LEGAL DESCRIPTIONSEE SCHEDULE 01 05/02/23 14:02:35 01 KI 432

cMs6A.75CHARGE3. NATURE OF INTEREST: ‘

DESCRIPTION DOCUMENT REFERENCE PERSON ENTITLEDStatutory Right of Way over part page and paragraph TO INTERESTshown on Plan KAP 7 7 57 0 Entire Instrument Transferee

4. TERMS: Part 2 of this instrument consists of select one onlya Filed Standard Charge Terms

_____

D.F. No.b Express Charge Termsc Release

_X_ Annexed as Part 2

_____

There is no Part 2 of this instrumentA selection of a includes any additional or modified terms referred to in item 7 or in a schedule annexed to this instrument.If c is selected, the charge described in Item 3 is released or discharged as a charge on the land described in item 2.

5. TRANSFEROR/GRANTORS:*CORPOflATION OF TI-IVTOWN OF 050VOOSTI IC

6. TRANSFEREE/GRANTEES: Including occupations, postal addresses and postalOOfl0flATION or TIIIjTOWN OF OSOVOOS, P.O. Box 3010, Osoyoos,1VO. F

codes *

British Columbia,TIlEVOH

7. ADDITIONAL OR MODIFIED TERMS:*N/A8. EXECUTIONS: * *This instrument creates, assigns, modifies, enlarges, discharges or governs the priority ofthe interests described in Item 3 and the Transferors and every other signatory agree to be bound by this instrument, andacknowledges receipt of a true copy of the filed standard charge terms, if any.

EXECUTION DATEOFFICER SIGNATURES V M D PARTYIES SIGNATURES

/TI IC COfl0flATION or TIjP’TOWN OFOSOVOOS by its authorized signatories:

GERALD A. GORDONBARRISTER & SOLICITOR

NOTARY PUBLIC#202-8309 Mafri StrctBox ecu, Osoyoos ec VON 1VO

Oj fl.-J

e’fldfltJt- 10tY4/ Scftlfl.

OFFICER CERTIFICATION: as to both signaturesYour signature constitutes a representation that you are a solicitor, notary public or other person authorized by the EvidenceAct, R.S.B.C. 1996, c. 124, to take affidavits for use in British Columbia and certifies the matters set out in Part 5 of the LandTitle Act as they pertain to the execution of this instrument.* If space insufficient, enter "SEE SCHEDULE" and attach schedule in Form F.* * If space insufficient, continue executions on additional pages in Form 0

11AND TJTLE ACTFORM C 23 FEB 2083 l’sSetion 219.81Province of British ColumbiaGENERAL INSTRUMENT -

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REGISTERED KAKX2189S X16095 2007-03-21-09.46.21.864245

LAND TITLE ACTFORM D

EXECUTIONS CONTINUED Page

Officer Execution DateSignatures V M D

PartyiesSignatures

/mtrowN OF OSOVOOS by itsauthorized signatories:

GERALD A. GORDONBARRISTER & sOucrroa

NOTARY PUBLIC#202. 8309 Main StrutBox 800, Osoyoos BC YOu IVO

OJ OL5

OFFICER CERTIFICATION: as to both signaturesVour signature constitutes a representation that you are a solicitor, notary public orother person authorized by the Evidence Act, R.S.B.C. 1 996, c. 1 24, to take affidavitsfor use in British Columbia and certifies the matters set out in Part 5 of the Land TitleAct as they pertain to the execution of this instrument.

I

2

,fla1l4OA_1Ct,PA/ Scftte&

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REGISTERED KAKX21895 X16095 2007-03-21-09.46.21.864245

I

LAND TITLE ACTFORM E

SCHEDULE Page 3

ENTER THE REQUIRED INFORMATION IN THE SAME ORDER AS THE INFORMATION MUST APPEAR ON THEFREEHOLD TRANSFER FORM. MORTGAGE FORM OR GENERAL DOCUMENT FORM.

2. PARCEL IDENTIFIERS AND LEGAL DESCRIPTIONS OF LAND:

PID LEGAL DESCRIPTION

Lots 5 and 6 shown on a Subdivision Plan of Part of Lot557, DL 2450S, SDYD, Plan 1949 except Plan27168 prepared by Bradley Pendergraft, B.C.L.S. andcompleted the 31st day of August, 2004.

ASSIGNED PLAN NO.K/Il’ 77569


I

Page 4

PART 2Vrre z.#ooS

THIS INDENTURE made the 5 day of Novprnbcr, 2004.

BETWEEN:

frTI IC COflOflATl0N OF TH/TOWN OF OSOVOOS,of P.O. Box 3010, 8707 Main Street, Osoyoos,British Columbia, VOH 1 VO.

hereinafter called the "Grantor’

OF THE FIRST PARTAND:

tTI IC COfl0flATION OF THI’OWN OF OSOVOOS,of P.O. Box 3010, 8707 Main Street,Osoyoos, British Columbia, VOH 1VO.

hereinafter called the "Grantee"

OF THE SECOND PART

WHEREAS:

A. The Grantor is the registered owner of all and singular that certain parcelor tract of land and premises situate, lying and being in the Town of Osoyoos, in theProvince of British Columbia, and more particularly known and described as:

SEE FORM E SCHEDULE

hereinafter called the "Lands";

B. The Grantee has determined that a Statutory Right of Way is necessaryfor the operation and maintenance of its undertaking;

C. The Grantee has applied to the Grantor for permission to install andmaintain or cause the installation and maintenance of a sanitary sewer pipeline and astorm sewer pipeline hereinafter called the "Sanitary Sewer and Storm Sewer" over,under or through a portion of the Lands; and

D. The Grantor has agreed to grant to the Grantee such rights in respect ofthe undertaking.

NOW THEREFORE THIS INDENTURE WITNESSES that in considerationof the sum of One Dollar $1 .00 of lawful money of Canada, the receipt of which ishereby acknowledged, the Grantor, under Section 214 of the Land Title Act of theProvince of British Columbia, hereby covenants and agrees with the Grantee asto110ws:

1. The Grantor hereby grants, conveys, confirms and transfers, in perpetuity,unto the Grantee, for itself, its servants, agents, workmen, contractors, licensees andpermitees, with or without machinery, vehicles, equipments or materials, the full, freeand uninterrupted right, liberty, privilege, permission and easement, over, on, through


IPage 5

and across that part of the Lands shown on a Reference Plan of Statutoy,.RjgJjt ofWay over Part of Lots 5 and 6, both of DL 24505, SDYD, Plan KAP 7 Fprepared by Bradley Pendergraft, B.C.L.S., and completed the 31st day of August,2004 hereinafter called the "Right of Way", as may be reasonably requisite for thepurposes of constructing and installing the Sanitary Sewer and Storm Sewer, and tore-enter upon the Right of Way from time to time as may be requisite to inspect,o maintain, repair or replace the Sanitary Sewer and Storm Sewer which may be placed

o thereon or therein pursuant to this Grant of Right of Way and generally to do suchother acts and things as are from time to time necessary, incidental or convenient inconnection therewith, provided that the Grantee shall at the cost of the Grantee

N-. restore the surface of the Lands and all affected improvements as far as reasonablyN- possible to the same condition as existed before such work was done; and further

o provided that the Grantee shall at all times hereafter save harmless and compensatethe Grantor from, for and in respect of any loss or damage suffered by the Grantorarising out of or by reason of the maintenance, use, operation, or installation of theSanitary Sewer and Storm Sewer.

2. The Grantor hereby covenants that it will not, nor will it permit others to,make, place, erect or maintain on the Right of Way any structures, foundations, majorpermanent plantings or obstructions or do any act or thing, which might interfere withor endanger any of the rights hereby granted to the Grantee.

3. All covenants herein contained shall be covenants running with the Landsand such covenants on the part of the Grantor shall be binding on the Grantor only solong as the Grantor retains an interest in the Lands affected by the Right of Way, butsuch Lands shall nevertheless be and remain at all times charged with the burden ofsuch covenants.

4. The Grantor will from time to time and at all times upon every reasonablerequest at the cost of the Grantee do and execute or cause to be made, done orexecuted all such further and other lawful acts, deeds, things, devices, conveyancesand assurances in law or otherwise whatsoever for the better assuring unto theGrantee of the rights hereby granted.

5. Except as herein expressly provided, this Indenture shall enure to thebenefit of and be binding upon the parties hereto and their respective heirs, executors,administrators, successors and assigns, as the case may be, and wherever the singularor neuter is used, it shall be construed as if the plural or the masculine or feminine hadbeen used, where the parties or the context so requires.

IN WITNESS WHEREOF the parties hereto have hereunto set their handsand seals the day and year first above written.

END OF DOCUMENT


AL t/jtitcJ‘

LAND TITLE ACTFORM 11a

section 991e, j and k

APPLICATION FOR DEPOSIT OF REFERENCEOR EXPLANATORY PLAN CHARGE

I, MARLENE TOLMAN, Legal Secretary, of Boy 800, 202 - 8309 Mainfitreet,Osoyoos, British Columbia, VOl-I 1 VO, agent of i IC CORPORATION 01 TI It’TOWNOF OSOVOOS, P.O. Box 3010, Osoyoos, British Columbia, VOH 1VO, the owner ofa registered charge apply to deposit Reference Plan of Statutory Rj9ht of Way overPart of Lots 5 and 6, both of DL 2450S, SDYD, Plan KAP 7 1569

01 05/02/23 14:02:42 01 KI 809432I enclose: 9/5/01 PLANS $54.00

1. The reference plan.2. The reproductions of the plan required by section 67s3. Fees of $5OO

Dated the 14th day of February, 2005.

ASSIGNED PLAN NO. 1/ 1 171/AD 77570 71"I SIGNATURE

NOTE: I Under section 67s the following reproductions of the plan mustaccompany this application:

a one blue linen original alternatively white linen or originaltransparencies;

b one duplicate transparency;c one whiteprint is required as a worksheet for the land title

office;

ii The following further requirements may be necessary:


44%

a If the parent property is in an Agricultural Land Reserve, arelease is required unless the parent property is less than2.0 acres app. .8094 hectares or where, for permitteduses, an approving officer has endorsed the plan undersection 3 of the Agricultural Land Reserve Subdivision andLand Use Regulation B.C. Reg. 448/98 under theAgricultural Land Commission Act;

b Where a notice respecting a grant under the Home PurchaseAssistance Act is endorsed on title, an extra white printmust accompany the application, unless the Ministry ofLands, Parks and Housing agrees otherwise in writing. Thisextra print must contain the following endorsement:

"The eligible residence as defined by the Home PurchaseAssistance Act is located on Lot

____

created by this plan.

Solicitor for Owner

c Controlled access approval must be evident on the planwhere parent property adjoins a highway that is designatedas a controlled access highway;

d Where the plan refers to a restrictive covenant to be madeunder section 219, the instrument containing the covenantmust be tendered with the plan.

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