HomeMy WebLinkAboutBy-law 3263/89 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO.3263/89
Being a by-law to authorize the execution of a
Transfer of easement to The Corporation of the
Town of Pickering respecting a storm sewer
easement in Plan 40M-1529, Picketing.
WHEREAS The Corporation of the Town of Pickering requires a storm sewer easement
in Plan 40M-1529, Pickering, for the purpose of draining storm water, and pursuant
to the provisions of section 193 of the Municipal Act, R.S.O. 1980, chapter 302, a
municipal council may pass by-laws fc 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/Deed of
Land, in the form attached hereto as Schedule A, from J.E.T.N. Investments
Limited to The Corporation of the Town of Picketing, respecting a storm sewer
easement over Part Lot 3, Plan 40M-1529, Picketing (Part 1, Plan 40R-I2492).
BY-LAW read a first, second and third time and finally passed this lSth day of
September, 1989.
Wayne Ar.t.J~ars, Mayor
Bruce Tayhlr, Clerk
TOWN OF
PICKER!FIG
LEGAL D£TPt~
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO.3263/89
Being a by-law to authorize the execution of a
Transfer of easement to The Corporation of the
Town of Picketing respecting a storm sewer
easement in Plan 40M-1529, Pickering.
WHEREAS The Corporation of the Town of Pickering requires a storm sewer easement
in Plan 40M-1529, Pickering, for the purpose of draining storm water, and pursuant
to the provisions of section 193 of the Municipal Act, R.S.O. 1980, chapter 302, a
municipal council 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/Deed of
Land, in the form attached hereto as Schedule A, from J.E.T.N. Investments
Limited to The Corporation of the Town of Pickering, respecting a storm sewer
easement over Part Lot 3, Plan 40M-1529, Pickering (Part 1, Plan 40R-12492).
BY-LAW read a first, second and third time and finally passed this 18th day of
September, 1989.
TOWN OF
PICKER!NG
APPROVED
LEGAL D[~P~
Transfer/Deed of Land SCHEDULE^ A
Folm I -- Lind Regtltmllm~ Reform A~
E
~%: ~ of Pic~r~g
(8) T~ (a) R~ri~i~ lib) Schedule 10~:
I ~ aut~rity to b~
>(9) S~u~) of T~*~o~,) I ~y con,hi to
Nam(s)
lO) ~n.~mr(~) ~dm~
(11) Tmna~me(~)
THE CORPORATION OF THE TO~ OF PICKERING
D~uce~vlo~,
(~2) ~n~leme(~) ~dmee
I Planning ~t. 1~. Date of Sig~tu~ Date of ~natu~
~[ Na~and ~ Y ~ M ~ D
~ ~ ~ (141 Solicitor for Transferee(s} I ha~ investigat~ t~ title to
~ S~nature ........................ '... ~ ....
o,p~..y ' zs{ 0z~ ~zd 040 ~ O~04e ~ ,,z,, '
568 ~lia Crescent ~iffiths & P~ll
Pickering, ~t~io 50 ~ais ~i~, Suite 505
Schedule
FormS--I.~dR~R~o~m~.~4 2 of 3
~ Propedy ~*) ~,'or Ot~ ~nt~tlon
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 he 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 tt 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 here-
by, or which may arise out of the existence or operation of the storm drainage
works, provided the Transferee fills in all excavations and aa far aa is practi-
cable 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 this 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 main-
taining storm drainage works.
Affidavit of Residence end of Value of the Conlideretion
Page 3 of 3
IN THE MATTER OF THE CONVEYANCE OF
Part Lot 3, Plan 4C~-1529. PickerinR
(Part 1. Plan &OR-12492)
.I.E.T.]~. Investments I~TLmited
The Corporation of the Town of Picketing
C. M. Timothy Sheffield ',
The Corporation of the Town of Pickering
None
{al Monies oaid or to be paid in cash ........................ $
LAND TRANSFER TAX (Tote~of[alto[fl/ ........................ $
No relation.~hi.n between transf~rnr and trannfer~-
Transfer of storm sewer easement to a municipality pursuant to SubdiviSion Agreement
requirements.
S,~o~. t~o,. ~e e~ ~e Town of Picketing
~.~e Regional Municipality of Durham
~h~ 18th d.¥ot September ~ 89
ACommislionerfortaklngAffldavits, e~c. Ce Me TJmothy'*"~'~fleld Property Information Record
A. Descrlbenatureotinstrument: Transfer/Deed of Land
1710 Kingston Road, Pickering, Ontario LIV
(ii) Legal descriotion of ~'ooer tV conveyed: Same as in D,(i} above. Yes [] No [] Not known []
C. M. Timothy Sheffield
Town Solicitor REGISTRATION NO.
Town of PickeTing La,nd Registry office No,
1710 Kingston Road
Picketing, Ontario Registration Date
LIV IC7