HomeMy WebLinkAboutBy-law 3070/89 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3070 /89
Being a by-law to authorize the execution of
Transfer of easement (for sanitary sewer pur-
poses) {rom The Corporation of the Town of
Picketing to The Regional Municipality of Durham
over part of the road allowance between Lots 16
and 17, Concession 2, Picketing, being Part
Plan 40R-10465.
WHEREAS The Corporation of the Town of Pickering is the owner of part of the road
allowance between Lots 16 and 17, Concession 2, Picketing, being Part 2 on Plan
40R-10465, and pursuant to the provisions of section 193(1) of the Municipal Act,
R.S.O. 1980, chapter 302, the council of a corporation may pass by-laws for dispos-
ing of interests in lands;
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 easement
(for sanitary sewer purposes) in the form attached hereto as Schedule A, from
The Corporation of the Town of Picketing to The Regional Municipality of
Durham respecting a sanitary sewer easement across part of the road allowance
between Lots 16 and 17, Concession 2, Pickering, being Part 2 on Plan
40R-10465.
BY-LAW read a first, second and third time and finally passed this 20th day of
March, 1989.
Wayne ~urs, '~l~yor
EFruce Taylor, Clerk
o, ....-"-ensferTDe cl Land
A
(4) C~.I~
~l~ S Z. 00
Par[ o[ the Eoad A]]o~ance between ~o[s ]6 and ]7~
Concession 2, Town o[ Picketing, designated as Pact 2
N~Pro~lden[ifiers on P Jan 4OR-10665 To~n of Pickering~ Regional
A~ii~I: Hunic ipa I t Cy o[ Durham.
S~
~6) Thll (a) R~crlp/ion ~(b) Schedule for: I (7) InlealEIllll
D~menlcon~lnl Pla~ketchNeW Ea~ment ~,;: Oe~ription ~ Padi~ ~ Other ~Jl Ea semen[
Date of S~m
............................................................................... Y M D
Na~(s) Signature(s) I '
10) Tran~f~od*) A~re~/~-- .
[11} Tra~leree(~) Dale o~
{12) Tr~fer~(l) Addmsl
~orS~e 605 Rossland Road East, gox 623, WhiLby, Ontario ~IN 6A3
Solicil~ Signature .......................... ~ ...... ~... ]...
[ ~ (14) ~ ~ T~I) I hs~ I~vesti~t~ t~ title to this ~ a~ to abutting I~d w~re m~nl aN I m aflsf~ t~t ~ rifle ~
r~al ~ ~tra~ti~ aa ~t ~t in su~lause 49 (21e) (c) (il) of I~ Ple~ni~ ~L I~ a~ ~t ~ t~ ~ of ~ k~ ~ ~
i ~ I s~a~ .......................... ~ ...... ~... ~...
dPr~ I f I Not assigned I~11
T
Not assigned 60 Esha Park Drive,
Harkham, OnLario
L3R IE2 ~JI r~
ADDITIONAL COVENANTS
The Transferor hereby transfers unto the Transferee, its successors and assigns, the free
uninterrupted and unobstructed right and easement to ~onstruct, operate and maintain such
sanitary sewer or sewers together with any and all appurtenances thereto as may be required
from time to time in, under and across lands described in Box 5 hereof.
TOGETHER with the right of the trans£eree, its successors and assigns and its and their
servants, agents and workmen with all necessary equipment, machinery and vehicles to enter
upon said [ands at all times and to pass and repass thereon for the purpose of constructing,
reconstructing, examining, repairing, renewing or replacing, (including replacement with
sanitary sewer or sewers of larger size or capacity) and maintaining the said sanitary
sewer or sewers or any part thereof whether or not any part to be so constructed, repaired,
renewed, replaced or maintained is situate on the land described in Box 5 hereof.
TO IIAVE AND TO }IOLD the said easement or right in the nature of an easement, on, in, across,
under and through the lands described in Box 5 herein unto the transferee, its successors
and assigns for its and their sole and only use forever.
AND the transferor covenants that it will not erect any building or structure, place or
remove any fill on any part of the said lands in Box 5 hereof.
AND the transferor hereby re]eases the transferee from any and every cIatm which may or
might arise out of ti~e exercise by the transferee of any of the rights grail)ed by this
indenture or which may arise out of the existence or operation of the sanitary sewer or
sewers and accept the consideration abovementioned in ful] satisfaction of all such c]aims,
provided the transferee fi}is in all excavatious and as far as is practicab]e, restores
the surface to the condition existing prior to any entry thereon to exercise the rights
thereby granted.
AND the transferee shall have quiet possession of the said rights and easements, free from
all encumbrances, save as l)ereinafter mentioned.
AND the transferor covenants that it will execute such further assurances of the said
rights as may be required by the transferee.
Town I "'
Ajax
BAYLY s'r.