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Home My WebLink AboutBy-law 2634/88 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO,2634 /88 Being a by-law to authorize the execution of a Transfer of storm sewer easement in Plan 40M-1383, Pickering, from John Michael Grainge to The Corporation of The Town of Pickerlng over Part Lot ]8, Plan 40M-1383, Picketing (Part 1, Plan 40R-9205). WHEREAS, The Corporation of the Town of Pickering requires a storm sewer easement over that part of Lot 18, Plan 40M-1383, Pickering, designated as Part 1, Plan 40R~9205 for the purpose of draining storm water through Plan 40M-1383, and pursuant to the provisions of section 193 of the Municipal Act, R.S.O. 1980, chapter 302, the Council of The Corporation of the Town of Pickering 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 John Michael Grainge to The Corporation of the Town of Pickerlng over that part of Lot 18, Plan 40M-1383, Picketing, desigr~ated as Part 1, Plan 40R-9205. BY-LAW read a first, second and third time and finally passed this llth day of January, 1988. THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO.2634 /88 Being a by-law to authorize the execution of a Transfer of storm sewer easement in Plan 40M-1383, Pickering, from John Michael Grainge to The Corporation of The Town of Pickering over Part Lot 18, Plan 40M-1383, Picketing (Part 1, Plan 40R-9205). WHEREAS, The Corporation of the Town of Pickering requires a storm sewer easement over that part of Lot 18, Plan 40M-1383, Pickering, designated as Part 1, Plan 40R-9205 for the purpose of draining storm water through Plan 40M-1383, and pursuant to the provisions of section 193 of the Municipal Act, R.S.O. 1980, chapter 302, the Council of The Corporation of the Town of Pickering 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 John Michael Grainge to The Corporation of the Town of Picketing over that part of Lot 18, Plan 40M-1383, Pickerlng, designated as Part l, Plan 40R-9205. BY-LAW read a first, second and third time and finally passed this llth day of January, 1988. hn E. An~terSro-n, Mayor ~// ~u~e Tay or, fiFlerk/ SCHEDULE A _~.o,"'°""" Transfer/Deed of Land A F~ I -- ~ fl~ Re~ A~ 1~ (1) R~ ~ L~dTI~I ~ ~2) Page 1 of 3 (3) P~ Bilk Pr~e~ I~t) (4) Co~llbn ~ -00/[00 D~ $ 2.00 (5) De~Hpflon ~is is a: Pro~ Pro~ Division ~ ~n~lidaa~ N~ ;r~ ~d~tia~ P~ [ On P[~ 40~-9205. (6) Thll (a) Rddesoriptlon i(b) Schedule for: I (7) Intemt/Estate Tran~fen~l Deeumenl New ;__=_,?rnant ; Additional Fee Simple co.~.oePle,~Sk.~ [] i o.~ [] P.,~es [] O,~ [] Trll~flrotiII) The ti'ans~eror here~y transfer~ the land to the transfe?e and certifies .that ti? transferor is a.t least etghW yeem ofd and that who is n~t separated f~.~u me, as our fam.~.].y res].de.,~e. Date ot SIg~ature ~) ......................................... ~i~'si ...... '~ .... ~"" ....... i ~ ~" ° · . ..,...-~.,,,~.,~. ,.Job.~ Mi_ e]. ........................... /. ........ ~. ...... ,, ........ , ...... =... ............................................................................. ...... of Tr~s~'oq~) I her~¥ con~nt to this tran~aofion Date gl Signature Name(s) Signature{s) y ~ O .............................................................................. i ...... !...i... (10) Iran. sloop(s) tors~vle. 20 ~ord D~i~e, A~, Il' I , ....~..~.~q...~.. ~. 9F..~.....~.. ~. ?.~9 ........ c~< . .~:.~ ~gss io~] ~t/~ '- iohn'-l~.'~-n'd'e'~:s~Jn, Mayor i ...... !"'! .... ............. ~. .... Bruce Tayloi'; 'Clerk" (12) TIIlIIlIIflI(I) ~ors~oe ].7].0 Y,.Lngs~:)n Rc~d, Pickech~9'/ On~io. ~lV ].(::7 I Planning Act, t983. Date of Signature Date of Signature Slgn,-u · ............................ . ................................. : .. .............. $ctldtor to~ Tmnlllror(I) I have explained the effect of ~ectlon 49 of the Planning Act, 1983 to the translator and I have made inqumes o! ~ transferor ~ to detemltne that this trmrm~er does not Contravene that ~ectio~ end ~ on the in[o~mation supplied by the transferor, to the best of my knowledge z ~ and belief, this transfer doe~ not contravene that section. I am em Ontano solicitor m good standmg. Date o! SIgnelure -°l Neme and . O I Scticttor ~,gnature ......................................... I ~ I '~ I (14) ~ tot TnmaM~oe(s) I have lnves0geteci the title to this land and to abutting lend where relevant and t ant satistie~ that the title records <1~={~1 ra~al no contravantton as ~et out In sul~cleuse 49 (21a} (c) (il) ol' the Planning Act. 1963 and that tO the best of my knowleOge and ha~ief th!s ~'! ;; ~} tra~f~ c~ee not co~traver~ sec~io~ 49 ot the Planning Act 1~3. I act thdepandantly of the soficitor for the transferors) and I am an Ontano ~ I.~. ~l Name and Date of Signature I~x~ ~l Address ol Y M . O ]~.~] so,~to, / I (16) Munleilml Addt~m of Property (17) Document prq~t~d NO~ ASSIGneD William F. Walk., ,uJt,l~,lLandTransferTax Walker, Howes, Suite 506, Corporate Centre, - PICKERING, Ontario. L1V 3P2 · ,' "l'l~ll Tot"4 INTEREST/ESTATE TRANSFERRED 1. The Transferor hereby transfers to the Transferee the free, uninterrupted and unobstructed right and easement to construct, operate and maintain such storm drainage works, together with any appurtenances thereto as may be required from time to time in, under and across the lands herein described, together with a right of the Transferee, its successors and assigns and its and their servants, agents and workmen, with all necessary equipment, machinery and vehicles to enter upon the lands at all times and to pass and repass thereon for replacing (including replacement with storm drainage works of larger size and capacity) and maintaining the storm drainage works or any part thereof or appurtenances thereto to be constructed, reconstructed, examined, repaired, renewed, replaced or maintained situate on the lands. 2. The Transferor covenants that it shall not erect any building or structure nor place or remove any fill on or from any part of the lands without the express written consent of the Transferee. 3. The Transferor hereby releases the Transferee from any claim which may arise out of the exercise by the Transferee of the right and easement granted hereby, or which may arise out of the existence or operation of the storm drainage works, provided the Transferee fills in all excavations and as far as is practicable restores the surface to the condition existing prior to any entry thereon to exercise the right hereby granted. 4. The Transferor covenants that it shall execute such further assurances of the right and easement granted hereby as may be required by the Transferee. 5. The burden of this Transfer and of all the covenants contained herein shall run with the lands herein described. 6. This Transfer shall be binding upon and shall enure to the benefit of the parties hereto and their respective successors and assigns. LAND BENEFITED (DOMINANT TENEMENT) 7. The benefit of thi[ Transfer and all of the covenants contained herein shall run with all other lands and interests in land owned, occupied or used by the Transferee its successors and assigns for the purpose of operating and maintaining storm drainage works. Affidavit of Residence and of Value of the Consideration c,..~ A.e. ,, ,mt ~art ~ot 185 Plan 40M-1383t Pickering ~ohn Michael Grain$e lhe Corporation of the Town of Picketing C. M. Timothy She[[iehl , The CorDorotion o[ the Town o[ Picketing None {gl VALUE OF LAND. BUILDING. FIXTURES AND GOODWILL SUBJECT TO LAND TRANSFER TAX (Total o/ (a) to (#/ .................... $ ~.f)t~ $ 2. DD ~e (j) TOTAL CONSIDERATION $ ~ No reiatJon.~hip h~tween transferor aad trnn.~ferP, e, Transfer of storm sewer easement to a municipality, pursilanr to ~,hdivi~inn A~r~_m__~__n_r_ requiremel~:~, Swofn befme me at the TOWR of Picketing in the Regional Municipality of Durham this 2 1 St clay o~ December, ~9 87. ACommissionm'lortakingAnidavits. etc. C.M. Timoth~e~field Property Information Record A. Describe nature ol instrument: Transl'er/Deed o1' Land n/a 1710 Kingston Road, Picketing, OntariQ LIV IC7 (ii) Legal description of p¢ope~ty conveyed: Same a~ i. D.lil above. Yes [] No [] Not known [] C. M. Timothy Shefl'ield Town Solicitor REGISTRATION NO. ' Town of PJckerJrlg Land Regislry Olfice No. 1710 Kingston Road Pickering, Ontario Registration Date LIV IC7 The Town of Pickering LEGAL DEPARTMENT Shipstate Limited - Storm Sewer Easement - Part Lot 18, Plan 40M~1383, Picketing - (Part 1, Plan 40R-9205)