BY-LAW NUMBER 67 -2000

eing a By-law to Authorize the Mayor and Clerk to Sign A Maintenance Easement Agreement for Pipelines with Usiun Gas Limited for Wiarton/Keppel District Airport

WHEREAS the Corporation of the Town of South Bruce Peninsula is desirous of entering into a maintenance easement agreement with Union Gas Limited for property described on Schedule "A" attached.

NOW THEREFORE THE COUNCIL OF THE CO 0 TION OF T WN OF SOUT BRUCE PENINSULA ENACTS AS FOLLO S:

1. T , AT the Mayor and Clerk are hereby authorized to sign an Agreement on behalf of the Town with Union Gas Limited in regard to the Wiarton/Keppel District Airport property more particularly described on Schedule "A" to the agreement attached to this by-law.

2. THAT a copy of the Agreement shall be attached hereto and form part of this by- law.

READ a FIRST and SECOND time this 29th day of AUGUST, 2000.

MOVE Y

SECONDED ' Y

REA a THI time and FINALLY ASSED this 29TH day AUGUST, 2000.

M VE Y

SECONDED Province Do Process Software Ltd. (416) 322-6111 of Transfer/Deed of Lam': Form 1 — Land Registration Reform Act 1984 (1) Registry Land Titles 2) Page 1 of 6 pages P operty (3) Property Block Additional: Identifier(s) See Schedule (4)Consideration

ONE Dollars $ 1.00 0 w (5)Description This is a: Property Property C/) Division 0Consolidation 0 w 0 Lands in the Township of Keppel, in the County of Grey and lands in the Town of u_ Wiarton, in the County of Bruce, more particularly described in Schedule "A" 0 hereto. ct New Property Identifiers Additional: See Schedule Executions Additional: See Schedule (6) This (a) Redescription (b) Schedule for: (7) Interest/Estate Transferred Document Raza1ra)2XX Contains New Easement Additional " Plan/Sketch Description Parties I—I Other EASEMENT (8) Transferor(s) The transferor hereby transfers the land to the transferee and certifies that he transferor is at least eighteen years old and that

Date of Signature N _,(s) Signatie Y M D ,.M.T..C.QRPORATION.DE . THE. 200Q TOWN OF A Given Mayor C5, 2000 ill ohnston, Clerk e h I ind th r ratirn (9) Spouse(s) of Transferor(s) I hereby consent to this transaction Date of Signature Name(s) Signature(s) Y M D

(10)Transferor(s) Address • for Service P.O. Box 310, 315 George Street, Wiarton, ntario NOH 2T0 (11) Transferee(s) --.77P7:3777 Date of Birth • FOR ' Y M D ' TXECUT ■ ON UNION GAS LIMITED 2000 by its Attorney Beverly Howard Wilton p,pyygr, of Attorney registered December 3, 1998 as Instrument No. 0403119. To the best of my knowledge ar ' belief, the Power of Attorney , is, still in full force and e t and has not been revoked. I am at least eighteen years of age. (12) Transferee(s) Address for Service 50 Keil Drive North, Chatham, Ontario N7M 5M1 (13) Transferor(s) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 50 of the Planning Act. Date of Signature Date of Signature Y M D : Y M D Signature , Signature .....„ ...... ----, ...... „ ...... ;...„...... - - .,,,, Solicitor for Transferor(s) I have explained the effect of section 50 of the Planning Act to the transferor and I have made inquiries of the transferor to determine 0.1 that this transfer does not contravene that section and based on the information supplied by the transferor, to the best of my knowledge and belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature CL Name and . Y M . D 0 Address of Solicitor Signature " •

Additional Property Identifier(s) and/or Other Information

SCHEDULE "A" r cription of the "Transferor's Lands" referred to in this Schedule: Parts of Lots 6, 7 and 10, and all of Lots 8 and 9, Concession 22; Part of Lot 10, Concession 23; Parts of Lots 1, 2, 3, 4, 5 and 6, Jones Range; Part of the road allowance between Lots 5 and 6, Jones Range; Part of the road allowance between Lots 1, 2, 3, 4, and 5, Jones Range and Concession 22; That part of the road allowance between the road allowance between Lots 5 and 6, Jones Range and Concessions 22 and 23; and That part of the road allowance forming the boundary line between the Township of Keppel and the Town of Wiarton, all of these land being in the Township of Keppel, in the County of Grey, and Part of Park Lot P, Pact of Park Lot S, and Part of the road allowance forming the boundary line between the Township of Keppel and the Town of Wiarton, all of these lands being in the Town of Wiarton, in the County of Bruce, all of the above described lands being more particularly described as Part 1 on Plan 16R-3283 filed in the Land Registry Office for the Registry Division of Grey North (No. 16) at Owen Sound, and all of the above described lands being more particularly described as Part 1 on Plan 3R-4269 filed in the Land Registry Office for the Registry Division of Bruce (No. 3) at Walkerton. Province Do Process Software Ltd. • (416) 322-6111 of Ontario Schedule rtt Form 5 — Land Registration Reform Act Page

Additional Property Identifier(s) and/or Other Information MAINTENANCE EASEMENT AGREEMENT FOR PIPELINES

V EREAS the Transferor has requested the Transferee to supply natural as for heat and energy to the buildings and premises located within the property more particularly described on Page 4 hereto (herein, the "said property"); WHEREAS to comply with the request of the Transferor the Transferee shall construct or has constructed natural gas pipelines (herein, the "said pipelines") to and on the said property; WHEREAS the Transferee is the owner in fee simple of those lands and premises situate, lying and being in the Township of Dawn, in the County of Lambton and being composed of the west half (w1/2) of Lot Number 25 in the 2nd Concession of the said Township. AND WHEREAS for the purpose of operating, repairing and maintaining the said pipelines the Transferee requires the right to enter upon the said property; AND WHEREAS it has been deemed necessary and expedient to give to the Transferee the right to enter upon the said property for the purposes hereafter described; AND WHEREAS the Transferor is now the owner of all the said property;

NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants 1- in, the parties hereto agree as follows: (1) The Transferee shall have a free, uninterrupted and unobstructed right and licence in perpetuity to enter upon the said property and upon the buildings located thereon for the purpose of surveying, constructing, laying, using, installing, repairing, inspecting, replacing, removing, renewing, expanding, enlarging, altering/reconstructing, operating and maintaining natural gas pipelines m, on and under the said property, together with all necessary appurtenances, works, attachments, apparatus, appliances, markers, fixtures and equipment which the Transferee may deem necessary or convenient thereto for the purpose of the furnishing of natural and/or manufactured gas to the said property and to any buildings or other sources of outlet from time to time existing upon the said property, together with the right and licence of free uninterrupted and unobstructed access to the said property, buildings and sources of outlet for the Transferee, its servants, agents, workmen, vehicles, supplies and equipment at all times and for all purposes and things necessary for or incidental to the exercise and enjoyment of the right and licence hereby given but subject likewise to the provisions of this agreement. (2) The Transferee will at its expense as soon as reasonably possible after the construction by the Transferee of a natural gas pipeline or other exercise of its rights hereunder remove all surplus soil and debris from the said property and restore them to their former state so far as is reasonably practicable. (3) The Transferor agrees that before the commencement of any work which may affect the said pipelines on the said property, they will advise the Transferee of their intent so to do. The Transferee agrees that it v -1 attend upon the said property and advise the Transferor, their agents or servants as the case may be, of ti location of the said pipelines so that the work of the Transferor can be carried out without injury to the said pipelines. (4) The Transferor covenants and agrees that it shall be responsible to the Transferee for any damage to the Transferee's works caused by the Transferor, its servants, agents, workmen or employees. (5) The Transferor covenant and agree with the Transferee that should either of them require the Transferee to relocate its works constructed pursuant hereto or any part thereof, the party or parties so requiring such relocation shall give the Transferee reasonable notice in writing thereof and shall bear the entire cost of such relocation. (6) Notwithstanding any rule of law or equity, any natural gas line constructed by the Transferee hereunder together with all works, appurtenances, attachments, apparatus, appliances, markers, fixtures and Province Do Process Software Ltd. • (416) 322-6111 of Ontario Schedule Form 5 — Land Registration Reform Act Page S

Additional Property Identifier(s) and/or Other Information (7) The Transferee shall have the absolute right to assign or transfer its rights hereunder in whole or in part to any other utility company or entity engaged in the business of supplying natural gas to consumers and in the case of such transfer, the Transferee shall not be obligated to give any other party hereto notice of such .gnment or transfer. (8) This agreement shall extend to, be binding upon and enure to the benefit of the respective heirs, executors, administrators, successors and assigns of the parties hereto and whenever the singular or neuter is used it shall, where necessary, be construed as if the plural or feminine or masculine had been used and vice versa, as the case may be. Province Do Process Software Ltd. • (416) 322-6111 of Ontario Schedule Form 5 — Land Registration Reform Act Page

Additional Property Identifier(s) and/or Other Information Description of the "Transferor's Lands" referred to in this Schedule: Parts of Lots 6, 7 and 10, and all of Lots 8 and 9, Concession 22;

..at of Lot 10, Concession 23; Parts of Lots 1, 2, 3, 4, 5 and 6, Jones Range; Part of the road allowance between Lots 5 and 6, Jones Range; Part of the road allowance between Lots 1, 2, 3, 4, and 5, Jones Range and Concession 22; That part of the road allowance between the road allowance between Lots 5 and 6, Jones Range and Concessions 22 and 23; and That part of the road allowance forming the boundary line between the Township of Keppel and the Town of Wiarton, all of these land being in the Township of Keppel, in the County of Grey, and Part of Park Lot P, Part of Park Lot S, and F t. of the road allowance forming the boundary line between the Township of Keppel and the Town of .a.rton, all of these lands being in the Town of Wiarton, in the County of Bruce, all of the above described lands being more particularly described as Part 1 on Plan 16R-3283 filed in the Land Registry Office for the Registry Division of Grey North (No. 16) at Owen Sound, and all of the above described lands being more particularly described as Part 1 on Plan 3R-4269 filed in the Land Registry Office for the Registry Division of Bruce (No. 3) at Walkerton. DO Process Software Ltd. • (416) 322-6111 Page 6 Affidavit of Residence al id of Value of the Consideration Refer to all instructions on reverse side. Form — Land Transfer Tax Act IN THE MATTER OF THE CONVEYANCE OF (insert brief description of land) Lands in the Township of Kep.pel, in the County of Grey and Lands in the Town of Wiarton, in the County of Bruce, more particularly described on attached Schedule A. BY (print names of all transferors in full) THE CORPORATION OF THE TOWN OF WIARTON

TO (see instruction 1 and print names of all transferees in full) UNION GAS LIMITED

instruction 2 and print name(s) in full) Beverley L. Colvin, of the City of London, County of Middlesex, Lands Agent, Lands Department MAKE OATH AND SAY THAT: 1. I am (place a clear mark within the square opposite that one of the following paragraphs that describes the capacity of the deponent(s)): (see instruction 2) (a) A person in trust for whom the land conveyed in the above-described conveyance is being conveyed; (b) A trustee named in the above-described conveyance to whom the land is being conveyed; (c) A transferee named in the above-described conveyance; (d) The authorized agent or solicitor acting in this transaction for (insert name(s) of principaks)) UNIII•N GAS LIMITED described in paragraph(s) (c) above; (strike out references to inapplicable paragraphs) 0 (e) The President, Vice-President, Manager, Secretary, Director or Treasurer (insert name(s) of corporation(s)) described in paragraph(s) (a), (b), (c) above; (strike out references to inapplicable paragraphs) 0 (t) A transferee described in paragraph ( ) (insert only one of paragraph (a), (b) or (c) above, as applicable) and am making this affidavit on my own behalf and on behalf of (insert name of spouse) who is my spouse described in paragraph ( ) (insert only one of paragraph (a), (b) or (c) above, as applicable) and as such, I have personal knowledge of the facts herein deposed to. 2. (To be completed where the value of the consideration for the conveyance exceecti $400,000). I have read and considered the definition of "single family residence" set out in clause 1(1)(ja) of the Act. The land conveyed in the above-described conveyance contains at least one and not more than two single family residences. Note: Clause 2(1)(d) imposes an additional tax at the rate of one-half of one per does not contain a single family residence. cent upon the value of consideration in excess of $400,000 where the conveyance contains at least one and not more than two single family residences. contains more than two single family residences. (see instruction 3) 3. ve read and considered the definitions of "non-resident corporation" and "non-resident person" set out respectively in clauses 1(1)(f) and (g) of the Act and each of the following persons to whom or in trust for whom the land is being conveyed in the above-described conveyance is a "non-resident corporation" or a "non-resident person" as set out in the Act. (see instructions 4 and 5) none

4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a)Monies paid or to be paid in cash 1 (b)Mortgages (i) Assumed (show principal and interest to be credited against purchase price) Nil (ii) Given back to vendor $ Nil (c)Property transferred in exchange (detail below) Nil All Blanks (d)Securities transferred to the value of (detail below) Nil Must Be (e)Liens, legacies, annuities and maintenance charges to which transfer is subject Nil Filled In. (detail below) Nil (f)Other valuable consideration subject to land transfer tax Insert "Nil" (g)VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO Where LAND TRANSFER TAX (Total of (a) to (f1) $ 1.00 $ 1.00 Applicable (h) VALUE OF ALL CHATTELS — items of tangible personal property (Retail Sales Tax is payable on the value of all chattels unless exempt under the provisions of the "Retail Sales Tax Act", R.S.O. 1980, c.454, as amended) Nil (i) Other consideration for transaction not included in (g) or (h) above Nil (j) TOTAL CONSIDERATION $ 1.00 5. If consideration is nominal, describe relationship between transferor and transferee and state purpose of conveyance. (see instruction 6) Pipeline for distribution of natural as. 6. If the consideration is nominal, is the land subject to any encumbrance? 7. n• remarks and explanations, if necessary Exempt from Land Transfer Tax pursuant to Ontario evised iegulation 695/90 - easement for the purpose of a pipeline.

Sworn before me at the Muncipality of Chatham/Kent in the this day of } signature(s) A Commissioner for taking Affidavits, etc. Property Information Record For Land Registry Office Use Only Registration No. A. Describe nature of instrument Easement for a pipeline B. (i) Address of property being conveyed (if available) 885 ay Street, Wiarton, Ontario, NOH 2T0