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Home My WebLink AboutL 110/98, 7�� , '�,. . '. �o�N OF p� , � , � � �' REPORT TO COUNCIL PROM: Jane Burton DATE: Novcmber 13, 1998 Assistant Town Solicitor REPORTNUMDGR: L I IO198 SUDICCT: Sulc of Surplus Lhnds - Old Community Centrc and Old Fircholl - Lots 16, 17, Plan 43, Pickcring • Tmnsfer of Easemont to Drougham Union Lodge (Masonic Ilall) - Part of Lot 17, Plon 43, Pickcring, designated as Part XX on 40R-XXXX • Files: RE9620 und RE9619 RECOMMENDATION: 1. Council pnss n resolution consolidating Parccls 3 and 4, (thc Old Community Ccntre nnd Old Firchall) for thc purposc of Jisposnl, nota�ilhstnnding thc pussing of Resolwion 126nl98. 2. Council ennct n byInw to nutharizc thc execution of a Tmnsfcr of C:asement from Ilie Town lo Uroug6am Union Lodgc No. 269 for thc usc nnJ supply of walcr from thc �vcll which is located on thc Old Community Cenhc Lands. ORIGIN: I. Resolution 126a198. 2. Rcqucst fram Lcslie Fishcr of thc 13rougham Union Lodgc (Masonic I Inll) datcd July I, 1998. AUTHORITY: Afur�Iclpaf Acf, R.S.O. 1990, Chap. M.45, scction 191( I). FINANCIAL IMPLICATIONS: Anomisnl Reoort- Market Value of Lands: Old Community Centre a160,000.00 Old Firc Hall 25,000.00 Old Community Centrc nnd Fire Flull (consolidatcd) 215,000.00 Prcpnration of Transfcr of Ensemcnt and disbursemcnts (estimated) (to bc paid by the Trensferce) 5200.00 Preparation of Survey (cstimatcd) (to be pnid by the Tmnsferee) 500.00 BACKGROUND: I. On Junc 29, 1998, Council pnssed Rcsolution 126al98 which indicmed thnt the Old Community Ccntrc nnd ihc Firc flall propertics bc dividcd for lhc purposes of disposal, Wc havc since bcen adviscd by Ihc Town Clcrk that it is Council's intention to consolidntc Parcels 3 and 4 far the purpose of disposnl, Thc Lcgal Departmcnt is therefaro secking to have Council puss n Rcsolulion cinrifying thcir posit(on. Council should nolc ihet nppmisals af Ihcsc propertics huvc bccn complctcd nnd indicaM thc merkct valuc as follu�es: Old Community Ccntrc SI60,000.00 Old �ircllall 25,000.00 Old Community Cenlrc and Firc Hall (consolideted) 5215,000,00 ;,j : . � 2 , : Report to Council Ll 10/98 November 13,1998 Subjecl: Snlo ol'Surplus Lands and I'agc 2 Trensfcr of Ges�ment to E3rough&m Union Lodgc (Mesonic Flell) 2. Bmugham Union Lodgc No, 269 (Masonic Fiall) is thc owncr of Lot IB, Plan 43 (Claremont) which IanJs abut thc Old Community Cenirc end �irehall currcnlly owncd by the Tawn. T'herc i� nn exi:ating drillcd wnter well localed on a poRion of ihc Old Community Cenlre lands Ihat hns bccn scrvicing Ihc Drougham Union Hall (Masonic Flell), Ihc Old Conununity Cenlre and the Firc tlall sincc 1977. As the Town is now in tlie process of selling the Old Community Centrc and Firehall lands, e rcpresentnlivc Gom the Mnsonic FIn11 hus requesicd thut an easement be grunted to them avcr a porlion of Lot 17, Plan 43, Pickering, (ihe ensement lunds) to enuble them to contimic to use the well once ihe properties owncd by thc Town are sold. We nrc advised thet the Masonic Ilall is unable to construct n wcll on thcir property, Ihcrcforc the need to continue using the well will exist unlil local watcr serviccs nre nvuilablc. A refcrencc plan will bc m�uircd ta identify tho location of thc well and exisling pipes currenlly locatcd on the Old Communily Centre lands. The cost of preparation of thc survuy will be bomc by the Masonic Hnll. This euemcnt would run wilh thc land and would bind oll subscquent owners, until such timc as local watcr scrvices are providcd. Gnactment of tha attached drafl bylaw will uwhorize thc cxccution of Ihc Trnnsfcr of Eascmcnt Gom thc Town to Uroughum Union Lodgc. It shoulA bc notcd �hnt while thc schcdulc atlnchcd to thc Transfcr documcnt is nat in thc form usually providcd, it is in u fortn salisfactory lo thc Assiswnl Town Solicitor. ATTACHMGNTS: I. DraR l3ylaw. 2. Schedulc A to Tmns(cr of ['snscment. 3. Location Mapping/Site Skcich. Preparcd Dy: ApprovcJ�/ Gndorscd U: _.- �� . Dcnise Dyc Janc Durton JEP: � Attnchments Copy: Geneml Manuger Dircclor of Planning Dircctor of Public Works Recommended (or Ihe considcrntfon of Pickering Town Councll � , /% aa J. Q i n, Ge I Ma cr . - ,, ' '� �� 73 j THE CORPORA'�'�ON OF TH TOWN OF PICKERMO ' � �Y•LAW N0. Being a by!aw �o authorize Ihe execu�ton oja Transjer oj Easement from The Corporatlon of �he Town ojPickering lo Brougham Union Lodge No. 269, over Ihat parf ojLot l7, Plan 43, Pickering, designated as Part XX on 40R- XXXX. ' WHEREAS, pursuant to the provisions of section 191 of the Munlcipa/ Ac�, R.S.O. 1990, Chap. M.45, � the Council of The Corporation of the Town of Pickering may pnss by-Iaws for disposing of interests in i lands owned by it; i WHEREAS, The Corporation of ihe Town of Pickering wishes to Unnsfer an easement over that part of �� Lot 17, Plen 43, Pickering, designated as Part XX on 40R-XXXX to allow the abutting owner of Lot 18, � Plen 43, Pickering, to utili�e thut part oF Lot 17, Plan 43, Pickering, designuted as Part XX un 40R• '; XXXX for the putpose of sharing the wnter Gom thc drilled well located thereon; WHEREAS, The Corporation of the Town of Pickering is willing to grnnt the abutting o�mer un easement over thut Part of Lot 17, Plan 43, Pickering, designated u Part XXX on 40R-X}CX, Pickering subject to certain terms and condilions; nnd NOW THEREFORE, the Council of The Corporation of the Toµn of Pickering HEREBY GNACTS AS FOLLOWS; , l. The Mayor und Clerk urc hereby authorizcd to exccutc n Tmnsfer of Ensement from The Corporution of the Town of Pickering to �rougham Union Lodge No. 269 over thnt part ol' Lot 17, Plan 43, Pickering, designntcd ns Part XX un 40R-XXXX for Ihc puqwsc of sharing and mnintaining wuter services which Iransfer shall be subject to the tcrms and conditions, morc perticularly set out Sched�le A nttached hcrcto. , i DY-LAW read n first, second nnd third time and finally passed this 7th day of Decembcr,1998. I 1 Wnyne Arthurs, Mayor � �ruce Taylor, Clerk 8E96i1lRE%19 � � � � � � � . .. . 7� . $cheduleA INTEREST/ESTATE TRANSFERRED Subject to the following tertns and conditions, the Trensferor hereby transfers to ihe Transferee, ils successors end assigns, the Gee, uninterrupted and unobstructod right and easemrnt to use the existing drill^.d well for the supply of water under the lends described in Box 5, together with the right to enter onto the lands anJ pazs nnd repess over the lends for the purpose of exeroising any of ihe rights granted hercin. The tertns and conditions wh(ch the parties hereto covenant and agree to observe and be bound by are ns follows: 1. The Transferor end Trans&ree, their successors and assigns, shall have a right to drnw water from the well wi!h each party to bear the expense of any equipment, plumbing, pipes or pumps installed by such party. AII meintonance, repair or replacement costs to such equipment, plumbing, pipes or pumps would be at the expense of the party thet insWlled same. 2. The cost of ihe necessary maintenance and repairs to the well itself shell be bome equully by �he parties from time to time and the parties agree to do all reasanably necossury maintcnence and repairs. 3. Neither party shall intarfere with ihe other party's right to the usc of the well and a continuing supply of water from ihe well. 4. The parties shall hnve a riqht of access to tlie well for Ihe purposes of enabling ench purty lo enjoy the supply of water as herein provided and such right af access shall include n right of entronce by a party on the other property if rensonably necessary end incidental to abtaining a supply of waler. 5. The Transfcrce shall, except in case of emcrgency, before commcncing nny work authorizcd hercby, givc lo Ihe Transferor fortyeight hours previous wrilten notice thercof, and in cnses of emergcncy such pr:vious notice theroofas is rensonably possi6le. 6. Upon complctian of any work, lhe Tmnskree shall fill in ull e!ccavalions, restore fenccs, and restorc �he surface of the ground by restoring all topsoil and grass cover disturbed thercby, and do nccessary graJing to ensure soil end slopo stnbility, and remove all equipmenl. 7, The Transferor shall not erect any building or structure en �he lands, and shall not place or remove any fill on or from eny part of the lands without thc prcvious wrinen consent of the Transfcrec. 8. The right end ensement grented herein sholl be subject to nll Icases, licences, and any rights uf use ar occupation existing at the date hcreof, and the Transferor may from time lo time renew or cxtenJ thcse or meke new ones, so long us they do not interfere unreazonably with the right and easement hercin grameJ. 9. The Trnnsferor shall execute such furthcr nssurnncas of the right and easement granted hcrehy as Uie Transferee may reasonably request in writing. 10. The burden of this Transfer and of ell Ihe terms and conditians contnined herein shall run with Uie lands, until such time as local water sorvices are provided. I I. 1 his Transfer and all of the lerms and conditions contained herein shall ensuro to ihe bencfit of and be binding upon the Trans&ror nnd the TransPerce and their respectivc heirs, cxecutars, adminislrators, successorsand assigns. LAND BENEFITED (DOMINANT TENEMEN"1) 12. The benefit of this Transkr and all of the tertns and conditione contained herein shnll run wilh all o�hcr lands and interests in lands owned, occupied or used by the Transferee, nemely Lot 18, Plnn d3. Tu��n of Pickering, Rcgional Municipeliry of Durhem. The Tawn of Pickerin saie of surplus Lanae g -Old Cor.munity Centre(4) LEGAL SERVICES DEPARTMENT -Firehall (3)