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Home My WebLink AboutBy-law 4266/93 THE CORPORATION OF THE TOWN OF PICKERING 4266/93 Being a by-law to authorize the execution of a Transfer of storm sewer easement from Terrence Charles Mailman and Kathleen Mary Ottaway to The Corporation of the Town of Pickering over those parts of Lot 7, Plan 40M-1427, Pickering, designated as Parts 4, 6, 8 and l O, Plan 40R-14553. WHEREAS The Corporation of the Town of Pickering requires a storm sewer easement over those parts of Lot 7, Plan 40M-1427, Pickering, designated as Parts 4, 6, 8 and 10, Plan 40R-14553, for the purpose of draining storm water through Plan 40M-1427, Pickering, and pursuant to the provisions of section 191 of the Municipal Act, R.S.O. 1990, Chap. M.45, the Council of The Corporation of the Town of Picketing may pass by-laws for acquiring interests in lands; NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Transfer of storm sewer easement, in the form attached hereto as Schedule A, from Terrence Charles Mailman and Kathleen Mary Ottaway to The Corporation of the Town of Pickering over those parts of Lot 7, Plan 40M-1427, Picketing, designated as Parts 4, 6, 8 and 10, Plan 40R-14553. BY-LAW read a first, second and third time and finally passed this 21st day of June, 1993. Wayne-~xthu~, Mayor / Bruce Taylor, Clerk RTC396 TOWN OF' PICKERING APPROVED AS TO FORM LEGAL DEPT. Schedule A et Transfer/Deed of Land Form I -- Lend Reglstmlfon Reform Act, 1954 (1) Registry [] Land Titles ~ 2) Page 1 of ~ pages (3) Properly Block Property tde~tlfler(a) (4) Conslde~allon Si] Dollars $ Nil (5) De$crlptlon This is a: Property Property Division [] Consolidation [] Part Parcel 7-1, Section 40M-1427 being Part of Lot 7, Plan 40M- 1427 designated New Property Identifiers as Parts 4, 6, 8 and I0, on 40R-14553 Additk)nal: See Schedule ExtcuUons Town of Pickering ^~u.~on.~: Regional Municipality of Ehxrham See Schedule [] [6) This (a) Redescription (b) Schedule for: (7) Interest/Estate Transferred Document New Easement Additional Fee Simple Contains Plan/Sketch ~ Description [] Parties [] Other [] Easement ~ Transferor(s) The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years OM and that [, Tcrrcncc Charles Mailman, am not a spouse. I, Kath]ccn Mary Ottaway, am not a spouse. Date of Signature MAILMAN, Terrence Charles ~ .WT. A.W.A.y, Kathleen Mary , gl Transferor(s) I hereby consent to this transection Dale of S,gnature Name(s) Signature(s) Y M D 10) Transtero¢(s) Address for Service ]705 Bovingdon Piece, C]aremont, Ontario [-OH lEO 11) Transferee(s) THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Brace Taylor, Clerk (12) Transferee(s) Address Pickering Civic Centre, One The Esplanade, Pickering, Ontario LIV 6K7 for Service < I Planning Act, 1983. Date of Signature Date of Signature J Solicitor for Transferor(s) I have explained the effect of section 49 of the Planning Act. 1983 to the transferor and I have made inquiries of the transferor ~J 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 Z J and belief, this transfer does not contravene that section, ~ am an Ontario solicitor in good standing. Date of Signature _O[ Name and [ Y , M ; D ~ ! Address of ~'~n~,.~ u_ [ ~ [ (14) Sollcllor for Transferee(s) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records ~ |~ ~-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 this ~ [E~ ~ [ transfer does not contravene section 49 of the Planning Act 1983. I act independently of the solicitor for the transferor s) and I am an Ontario E I~:~ ~[ solicitor in good standing, 1. ]~ o-] Name and Date of Signature Signature .......................... , ...... (15) ~easment Roll Number Ct,/ iMun. i Map } Sub. Par, ;II' FeesandTax )(16) Municipal Address of Property ' (17)' Docum[,nl Prepere~ by: 1706 Bovingdon Place C.M. Timothy Sheffield Land Transfer Tax Claremont, Ontario Town Solicitor LOH lEO Town of Picketing One The Esplanade Province hed S o, Sc ule Form S -- Land Rggl~trMlon Refomt Act, 19~4 Page td~nUfleqs) and/o* Other Information (7) INTEREST/ESTATE TRANSFERRED Subject to the following terms and conditions, thc free, uninterrupted and unobstructed right and easement to lay, construct, operate, maintain, inspect, alter, repair, replace, reconstruct and remove storm drainage works together with appurtenances thereto (herein called the "works"), in, over, along, across, upon and under the land described in Box 5 (herein called the "lands"), and to drain storm water in, over, along, across, upon and under the lands, together with the right to the Transferee, its servants, agents and contractors with all necessary vehicles, supplies and equipment to enter onto thc lands and pass and repass over the lands for the purpose of exercising or enjoying any of the rights granted herein. The terms and conditions which the parties hereto covenant and agree to observe and be bound by are as follows: 1. The Transferee shall, except in case of emergency, before commencing any work authorized hereby, give to the Transferor forty-eight hours previous written notice thereof, and in cases of emergency such previous notice thereof as is reasonably possible. 2. Upon completion Of any work, the Transferee shall fill in all excavations, restore fences, and restore the surface of the ground by restoring all topsoil and grass cover disturbed thereby, and do necessary grading to ensure soil and slope stability, and remove all equipment. 3. The Transferor shall not erect any building or structure (except a fence) on the lands, and shall not place or remove any fill on or from any pan of the lands without the previous written consent of the Transferee. 4. The right and easement granted herein shall be subject to all leases, licences, and any rights of use or occupation existing at the date hereof, and the Transferor may from thne to thne renew or extend these or make new ones, so long as they do not interfere unreasonably with the right and easement herein granted. 5, The Transferor hereby releases the Transferee from any clahn which may arise out of the exercise by the Transferee of the right and easement granted hereby or which may arise ot,t of the existence of the storm water or the existence, operation or non-operation of the storm drainage works provided the Transferee has complied with ail of the terms and conditions herein. 6. The Transferor shall execute such further assurances of the right and easement granted hereby as the Transferee may reasonably request in writing. 7. The burden of this Transfer and of ali the terms and conditions contained herein shall run with the lands. 8. This Transfer and ail of the terms and conditions contained herein shall enure to the benefit of and be binding upon the Transferor and the Transferee and their respective heirs, executors, achninistrators, successors and assigns. LAND BENEIq i-i'ED (DOMINANT TENEMENT) 9. The benefit of this Transfer and all of thc terms and conditions contained herein shall mn with ail other lands and interests in lands owned, occupied or used by the Transferee for -4he purpose of operating and maintaining storm drainage works. OTHI3 II ,,,~r ~-~ ~9~:: BLOCK BLOCK 21 Plar PART ~rl~le'~o' E 13~,ee '"~"~ ~4 :', ,. ~l'- ~Y'._~ ~ , : ~ BOVINGDON PLACE A~*r ,,o.,,.,-,,,,, ~ ~ P,I~T ~ , PLaN 4CR- 919% ~,/ ~ The Town of Pickering LEGAL SERVICES DEPARTMENT