DC2 (E) Hotel Macdonald Agreement C170d Schedule F

The Land Titles Act

Heritage Trail Easement

(hereinafter called the

"Grantor") being the registered owner of an estate in fee simple, subject however to such encumbrances, liens and interests as are notified by memorandum underwritten, in all that certain tract of land situate in the City of Edmonton, in the Province of Alberta and being:

PLAN

BLOCK

LOT

EXCEPTING THEREOUT ALL MINES AND MINERALS

(hereinafter called the "Servient Tenement");

DOES HEREBY in consideration of the sum of One ($1.00) Dollar now paid by the City of Edmonton a municipal corporation (hereinafter called the "Grantee"), the receipt and sufficiency of which is hereby acknowledged by the Grantor, and in consideration of the covenants and conditions herein contained, grant and transfer unto the Grantee a right-of-way and easement (hereinafter called the "Right-of-Way") in common with the Grantor and all others with a like right through and upon that portion of the Servient Tenement more particularly described as follows:

(hereinafter called the 'Right-of-Way Lands") being part of the Heritage Trail to be constructed in the Right-of-Way Lands and in other lands for the purpose of passage and repassage of persons, equipment and things on and over the Right-of-Way Lands in order to gain ingress to and egress from the lands and premises adjacent to the Servient Tenement known as the Heritage Trail and standing in the Register in the name of the Grantee and being legally described as:

PLAN

BLOCK

LOT

EXCEPTING THEREOUT ALL MINES AND MINERALS

(hereinafter called the ”r;Dominant Tenement”)

Upon the following terms and conditions, namely:

1.       The Grantor shall be permitted to do all things necessary to construct and maintain the Heritage Trail at its sole cost on the Right-of-Way Lands, including the placement of signs marking the Heritage Trail on and across the Right-of-Way Lands.

2.       THE GRANTOR agrees that it will not impose any charge or fee upon the persons using those portions of the Servient Tenement being the Right-of-Way Lands in accordance with the terms of this grant of Right-of-Way and easement.

3.       THE GRANTEE covenants and agrees that the Grantor shall have the right to impose on the Grantee and all persons claiming under it shall abide by any and all reasonable rules and regulations in force from time to time relating to the use and operation of the tight-of-Way.

4.       THE GRANTEE shall not cause nor shall allow to be caused any nuisance to emanate from the Dominant Tenement on to the Servient Tenement and hereby indemnifies and saves harmless the Grantor, its successors, assigns and representatives from any damages, loss, actions, demands and lawsuits resulting therefrom; provided however that this clause shall not be construed as restricting any right which by law either party has against the other for the tortious conduct of that other, its tenants, invitees or licensees.

5.       THE GRANTOR and THE GRANTEE agree that this grant of easement and all covenants contained herein are and shall be grants and covenants running with the lands comprising the Dominant and Servient Tenements herein.

6.       THE GRANTOR shall, at its expense, at all times maintain and keep clean and tidy that portion of the Servient Tenement being the Right-of-Way Lands upon which this grant of easement is given and shall maintain the Right-of-Way Lands at a reasonable standard acceptable to the Grantee.

7.       THE GRANTEE agrees to indemnify and save harmless the Grantor from and against any and all loss, delays, costs, actions, demands, law suits and damages that the Grantor may suffer in connection with, by reason of or as a result of any act, neglect or default on the part of the Grantee or any of its tenants, agents, servants, employees, workmen, invitees or licensees or any person claiming through the Grantee and exercising or purporting to (exercise the grant of Right-of-Way herein.

8.       THIS GRANT of easement shall enure to the benefit of and be binding upon the parties hereto and their respective successors, assigns and all persons claiming under or through them.

9.       This Right-of-Way shall subsist for the later of the life of the Heritage Trail or 150 years from the date hereof.

10.     The Grantee acknowledges that the Right-of-Way is not exclusive and that the Grantor will, together with others, use the Right-of-Way for purposes of access to other portions of the Servient Tenement.

IN WITNESS WHEREOF both the Grantor and Grantee have hereunto affixed their respective corporate seals duly attested to by their proper officers duly authorized in that behalf all on the _________ day of ___________ 1983.