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Home My WebLink AboutBy-law 3110/89 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3110/89 Being a by-law to authorize the execution of a Transfer of storm sewer easement from John Boddy Developments Ltd. to The Corporation of the Town of Picketing over those parts of Lots 5 and 6, Plan 40M-1569, Pickering, designated as Part 2, Plan 40R-8885. WHEREAS, The Corporation of the Town of Pickering requires a storm sewer easement over those parts of Lots 5 and 6, Plan 40M-1569, Pickering, for the purpose of draining storm water through Plan 40M-1569, and pursuant to the provisions of section 193 of the blunicipal Act, R.S.O. 1980, chapter 302, 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 John Boddy Developments Ltd. to The Corporation of the Town of Pickering over those parts of Lots 5 and 6, Plan 40M-1466, Picketing, designated as Part 2, Plan 40R-8885. BY-LAW read a first, second and third time and finally passed this 17th day of April, 1989. Wayn~ Art/M'urs, ~ayor /ZBrf~ce Taylor, Clerk TOWN OF PICKEIRING APPROVED THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3110/89 Being a by-law to authorize the execution of a Transfer of storm sewer easement from John Boddy Developments Ltd. to The Corporation of the Town of Picketing over those parts o£ Lots 5 and 6, Plan 40M-1569, Picketing, designated as Part 2, Plan 40R-8885. WHEREAS, The Corporation of the Town of Pickering requires a storm sewer easement over those parts of Lots 5 and 6, Plan 40M-1569, Pickering, for the purpose of draining storm water through Plan 40M-1569, 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 Picketing may pass by-laws for acquiring 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 storm sewer easement, in the form attached hereto as Schedule A, from John Boddy Developments Ltd. to The Corporation of the Town of Pickering over those parts of Lots 5 and 6, Plan 40M-1466, Pickering, designated as Part 2, Plan 40R-8885. BY-LAW read a first, second and third time and finally passed this 17th day of April, 1989. Wayn~ Ar t/h'ur s, ./'Br~ce Taylor, Cl~rk TOWN OF PICKERING APPROVED ~oi ...... I ransFer/u~ea o! ,-aha A " F~,~ 1 -- U,,~ n.~l~, n~,..%~, 1~ SCHEDULE A (~) n~ ~~ ~ld 3 (~).~.-~,~*) ~ ~ (4) ~ Parcel Plan -1, Section 40M-1569, being those parts of Lots 5 and 6, Plan 40M-1569, more New Pmpedyldentlfl~l particularly designated as .Part 2 on ~dd~io~: Reference Plan No. 40R-8885, Town of' Pickerin9 ~, ~ Regional Municipality of Durh~. ~ N~ ~ ~ A~ I > i I '(I) S~) ~ T~l~*) I ~y c~t to ~ls tmn~c~on ~ ~ ~tu ('0) I~')A~ 245 YohS?~?oulevard, Suite 8306, willowdale, Ontario, (~) t~tem~) The Imnlfemr ~tifi~ that to the ~st of the tmflsferor'l k~w~p Ifl~ ~1~, ~11 ~md~ ~ fig Continue Kti~ d~ of Y M O Y M Add~ of ~nl~. A~rm ~ (1S) AM4eanMfll R~ Nund~ P.f. Fm ~md T~ MP,opedy not assigned OelUu.lL'~addm,~Pro~,ty Blake, Cassels G Graydon ~T~T~ not assigned 100 York Boulevard Richmond Hill, Ontario L4B 1J8 (DT) Nature of Easement Transferred The free. uninterrupted and unobstructed right end easement for the Transferee. its suc- cessors and asail~na, and its and their ·gents. employees and contractors to uae the lands described in Box 5 (the "L~nds") for the purpose of constructing, reconstructing, ex·rain- ,g. repairing, renewing or replacing and m·intnintng ·itorm sewer system or any part thereof whether or not any part to be so constructed, repaired, renewed, replaced or maintained is situate on the Lands. subject to the coven·nas let out below. Covenants Relatin~ to Easement Transferred 1. The Transferor &nd its successors ~nd ·snigna shni] keep the Lands free and clear of all buildings ·nd structures, except fences. ·nd shall not place or remove shy fill on or from the Lands. nor do or permit to be done ·ny other thinS which ms7 injure or dam·ge Shy of the Trnnsferee's works thereon. 2. The Transferee ah·]] ss f&r ·s is practicable restore the Lands to the condition existing prior to an7 entry thereon to exercise the rights hereby gr·ntodo 3. The burden of this indenture and of nil the covenants, terms nnd conditions herein contained shall run with the ;-ands and with nil other lands end interests in lands owned, occupied or used by the Transferee. its successors and assigns, for the pur- pose of operating'·nd maintaining the storm sewer system ·nd thio indenture shall be binding upon and enure to the benefit of the parties hereto, their respective successors and assigns. Affidavit of Residence and of Value of the Consideration ~-~ 4w. ,. ,.ee~ Page 3 of 3 N Ti~ErI~i~O~s %F TH (tart z, l~lan 4Ul,i-uuu~) t ¥ r~'*c~h n'~'l~o~c~y ~{~'~[', e~o p men t a Ltd. The Corporation of the Town of Picketing C. M. Timnr. hy Sheffield The Corooration of the Town of pickering None THE TOTAL CONSIDERATION FOR THIS TRANSACTION la ALLOCATED A~ FOLLOI~: (g) VALUE OF LAND, BUILDING. FIXTURES AND GOODWILL SUBJECT TO LANO TRANSFER TAX (Totel of (e} to ff}} ........................ $ ~-(~(1 $ 2.(~0 where (j) TOTAL CONSIDERATION ................................................ $ ~ No relationship between trsmnsferor nnd trnn.eiCer~e. lrans;er ol storm sewer easements to a munlclpaJlcy pursuant to Subdivision Agreement requirements. worn before rne at the Town Of Pickering ~the Regional Municipality of Durham his 23rd day of March, ~9 89 Co,q'm,'nissio~er for taking Affidavits. etc. C,, M. Timothb~"~e-rfield Property Information Raeord Describe nature of instrument: Transfer/Deed Of Land ({) Address of property being conveyed (#avellat~i n/a n/a (ii) Assessment Roil No. (/f e~;/a~) l?iO ~in;ston Road. Picketing. Ontario Li¥ IC7 (ii) Legal description of proOerty conveyed; S~me as in D.(i) above. Yes r'] No F'I Not known ~ C. M. Timothy Sheffield ~o, L,aa negmrv off~, u,, only Town Solicitor REGIS~TRATION NO. Town of Pickering La~lRegi~t~/OfficeNo. 1710 Kin;sto.n Roa4 Picketing, Ontario Registration Oete LIV IC7 ' ' - ' "'~'~ 91," : ~' ' ~, ~. ., / , ,'.~ 16 ~, . .~ 18 23 '~' I, ~ -3 ,,' . :.,~. ,-.. I,~, B R 0 0 K S H I R E -~. , c.~ 8: '?~'~ ' 8L~K 30 '~1~ I . 'J / BL~K 31 -' .--.~, The Town of Pickering LEGAL DEPARTMENT ohn Boddy Developments Ltd. Storm Sewer Easements Part Lots 5 & 6, Plan 40M-1569 (Par 2, Plan 40R-8885)