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Home My WebLink AboutBy-law 4610/95 THE CORPORATION OF THE TOWN OF PICKERINO BY-LAW NO. 4610/95 Being a by-law to authorize the execution of a transfer of an exclusive access easement from The Corporation of the Town of Pickering to Marian Margaret Martin, the owner of Lot 33, Plan 233, Picketing, over that part of the unnamed street fronting that Lot and designated as Part 1, Plan 40R-14999 and to repeal By-law 4407/94. [RE9302(L)] WHEREAS, the unnamed street upon which Lot 33, Plan 233, Picketing, fronts is an unopened, unassumed portion of public highway owned by The Corporation of the Town of Picketing and under the jurisdiction of the Council thereof; and WHEREAS physical access to Lot 33, Plan 233, Pickering, is by means of a driveway located on that part of that unnamed street designated as Part 1, Plan 40R-14999, linking the Lot with Bella Vista Drive to the west; and WHEREAS the owner of Lot 33, Plan 233, Picketing, Marian Margaret Martin, has requested that The Corporation of the Town of Pickering transfer to her an exclusive access easement over that part of that unnamed street designated as Part 1, Plan 40R-14999; and WHEREAS, pursuant to the provisions of section 191 of the Municipal Act, R.S.O. 1990, chapter M.45, the Council of The Corporation of the Town of Pickering may pass by-laws to dispose of interests in land; NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a transfer of an exclusive access easement, in the form attached hereto as Schedule A, from The Corporation of the Town of Picketing to Marian Margaret Martin, the owner of Lot 33, Plan 233, Pickering, over that part of the unnamed street in Plan 233, Pickering, fronting that Lot and designated as Part 1, Plan 40R- 14999. 2. By-law 4407/94, not having been acted upon, is hereby repealed. BY-LAW read a first, second and third time and finally passed this 15th day of May, 1995. Wayne Arthurs(Mayor~ B/rtl'ce Tayl~r,-Clerk Schedule A ~o.. ~o ~o o, Transfer/Deed of Land Ontario Form I -- Land Registration Reform Act, 1984 (1} Registry ~ Land Titles [] 2) Page 1 of pages (3) Property Block Property Identifier(s) Additional: sss Sch6dule (4) Consideration Two Dollars $ 2.00 (5) Delcrlptlon This is a: Property Property Division [] Consolidation [] Part of Unnamed Street in front of Lot 33, Plan 233, being Part 1, Plan 40R-14999 New Property Identifiers Additional See Schedule Town of Pickering S~^dd~"°"~: Regional Municipality of Durham Schedule [] [6) This (a) Redescription (b) Schedule for: ~ (7) Interest/Estate Transferred ' Additional ] Document New Easement ~i Description [] Parties [] Other ~ Contains Plan/Sketch [~ j Ea.S(~E~Tlt The transferor hereby transfers the interest in the land to the transferee Date of Signature ............................................................................... Y U D Name(s) Signature(s) ... THE. CQR~ORATI. QI>I.OF.TI:I[~. TOY~ ............................................. [1995 ....... OF PICKERING Wayne Arthurs, Mayor .............................................................................. i1995...,. ~ · . . Tayl ': ', Bruce or, Clerk i >(9) Spouse(s) of Transferor(s) I hereby consent to this transection Date of SiDnature Name(s) Signature(s) Y M D I0) Transferor(s) Address for Service Pickering Civic Complex, One The Esplanade, Pickering, Ontario LIV 6K7 11) Transferee(s) .......... ~o~= ~, ~,,,,, MARTIN, Marian Margaret 1995 (12) Transferee(s) Address 525 Bella Vista Drive Pickering, Ontario L1W 2A7 for Serv!ce >~ < I(13) Transferor(s) The transferor verifies that to the best of the transferoFs knowledge and belief, this transfer does not contravene section 49 of the ! Planning Act, 1983. Date of Signature Date of Signature Signature ......................... I ...... J... J... i Signature ........................... i ...... !... ~ j Solicitor for Transferor(s) I have explained the effect of section 49 of the Planning Act, 1983 to the transferor and I have mede inquiries of the transferor ~ [ to determine that this transfer does not contravene that section and based on the information supplied by the transferor, to the best of my knowledge zJand belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature _0/Name and I Y I M ; D ~J Address of , <: J~ ~-I - reveal no contravention as set out in subclause 49 (21a) (c) (ii) of the Planning Act, 1983 and that to the best of my knowledge and belief thru c J:'~ ~ J transfer does not contravene secbon 49 of the Planmng Act 1983. I act independently of the sohmtor for the transferor(s) and l am an Ontano E Jce~C~l solicitor in good standing. ;' J~ ~-J Name and Date of Signature [x~] Address of Y M D and (16) Municipal Address of Property (17) Document Prepared by: -- 525 Bella Vista Drive Town Solicitor Picketing, Ontario Picketing Civic Complex L I W 2A7 One The Esplanade Picketing, Ontario RE9302 . , · Schedule S Form 5 -- Land Regl~tratlo. Reform Act, 1984 Pa~e FAddttlonal Propelly Identifier(I) and/or Other In,~mmallon NATURE OF EASEMENT TRANSFERRED The free, uninterrupted, unobstructed and exclusive right and easement for the Transferee, her heirs, executors, administrators, successors and assigns, and her and their agents, employees, contractors, tenants, invitees and licensees to use the lands described in Box 5 for the purpose of pedestrian and vehicular access, both ingress and egress, between that part of the street known as Bella Vista Drive in front of Lot 32, Plan 233, Pickering, and Lot 33, Plan 233, Pickering. DOMINANT TENEMENT Lot 33, Plan 233, Town of Pickering, Regional Municipality of Durham. SERVIENT TENEMENT Part of the unnamed street in front of Lot 33, Plan 233, being Part 1, Plan 40R-14999, Town of Pickering, Regional Municipality of Durhan~ (hereinafter in this Schedule called the "Easement"). COVENANTS BY THE TRANSFEREE The Transferee covenants, on her own behalf and on behalf of her heirs, executors, administrators, successors and assigns, and her and their agents, employees, contractors, tenants, invitees and licensees, 1. not to erect any building or structure on the Easement without the express written consent of the Transferor; 2. not to place or remove fill on or from any part of the Easement without the express written consent of the Transferor; 3. to use the Easement only as an access driveway and for no other purpose; 4. to maintain the driveway on the Easement in the condition in which it exists on the date of registration of this Instrument to the satisfaction of the Transferor, failing which the Transferor may effect such maintenance as in its sole discretion it deems appropriate; 5. to pay any costs incurred by the Transferor in effecting maintenance of the driveway on the Easement within 30 days of receipt by the Transferee of the Transferor's invoice therefor; 6. to pay any taxes or other similar charges that may be levied against the Easement on or after the date of registration of this document; 7. to indemnify and save harmless the Transferor of and from all manner of claims, damages, losses, costs or charges whatsoever occasioned to or suffered by or imposed upon the Transferor or the Easement, either directly or indirectly, in respect of any matter or thing in consequence of or in coimection with or arising from, (a) her use or maintenance (or lack thereof) of the Easement, or (b) any accident, damage or injury to any person or thing by, from or on account of, (i) her use or maintenance (or lack thereof) of the Easement, or (ii) the use of the Easement by her employees, contractors, invitees and licensees. 10178 (12/84) ~of Pr°vince Schedule Form 5 -- Land Registration Refomt Act, 1984 Page ~Additional Property Identllte~(s) and/or Other Information -2- 8. to release and quit claim the Easement upon the Transferor, or any other authority having jurisdiction, dedicating the Easement as public highway; 9. to release and quit claim that part of the Easement required by the Transferor upon the Transferor, or any other authority having jurisdiction, dedicating any part of the Easement as public highway or public walkway, within the period of ten years immediately following the registration of this document. COVENANTS BY THE TRANSFEROR The Transferor covenants, on its own behalf and on behalf of its successors and assigns, and its and their agents, employees, contractors, invitees and licensees, 1. not to erect any building or structure on the Easement without the express written consent of the Transferee; 2. not to place or remove fill on or from any part of the Easement without the express written consent of the Transferee; 3. to execute such further assurances of the right and easement granted hereby as may be reasonably required by the Transferee. GENERAL PROVISIONS 1. The burden of this Transfer and of the covenants contained herein shall run with the Easement. 2. This Transfer and all of the covenants contained herein shall be binding upon the Transferor, its successors and assigns, and upon the Transferee, her heirs, executors, administrators, successors and assigns. Om 10178 (12/84)