HomeMy WebLinkAboutBy-law 3546/90 THE CORPORATION OF THE TOWN OF PICKERING
I~Y-LAW NO. 3546/90
Being a by-law to authorize the execution of a Transfer of
storm sewer ect~ement, Picke.ri~_~v from Ontario Hydro to The
Corporation .of the Town of P, ckering over that part of Lot
24, Concessmn 2, Pickering designated az Part 2, Plan
40R-12851, to drain lands in Plan 40M-1644, Pickering.
WHEREAS The Corporation of the Town of Picketing requires a storm sewer easement over
that part of Lot 24, Concession 2, Pickering designated as Part 2, Plan 40R-12851, for the
purpose of draining storm water through Plan 40M-1644, 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 attac.h, ed hereto as Schedule A, from Ontario Hydro to The
Corporation of the Town of Pmkermg over that part of Lot 24, Concession 2, Pickering,
designated as Part 2, Plan 40R-12851.
BY-LAW read a first, second and third time and finally passed this 17th day of September,
1990.
Wayne A~thu~, Ma)7or
r0WN CF
APPROVED - ~'
~ 'Bruce Taylor, Cler~¢/
L £GAI. DEP?
THE CORPORATION OF THE TOWN OF PICKERINO
By-LAW NO, 3546/9Q
Being a by-law to authorize the execution of a Transfer of
storm sewer easement, Picketing, from Ontario Hydro to The
Corporation of the Town of Pickering over that part of Lot
24, Concession 2, Pickering designated as Part 2, Plan
40R-12851, to drain lands in Plan 40M-1644, Pickering.
WHEREAS The Corporation of the Town of Picketing requires a storm sewer easement over
that part of Lqt .24, Concession 2, Pickering designated as Part 2, Plan 40R-12851, for the
purpose of dra~mng storm water through Plan 40M-1644, 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 attac~ed hereto as Schedule A, from Ontario Hydro to The
Corporation of the Town of Ptckering over that part of Lot 24, Concession 2, Pickering,
designated as Part 2, Plan 40R-12851.
BY-LAW read a first, second and third time and finally passed this 17th day of September,
1990.
~ ._ Wayne A3thu,,~,, Maffor - '
TOWN CF'-
APPROVI:'D ~"~'
~ 'Bruce Taylor, Cler~ff'
/£GA~ D~PT,
o, Transfer/Deed of Land
Feint 1 -- Land Re~l~trall~m R~otm
(4) ~
Pa~ of go~
To~n o[ Picketing, Regional
~Pr~ld~tif~ Municipality of Durham (formerly
A~t~: Township of P[ckecing, County of
~ Ontario) designated as Part 2 on
Plan 4OR-12851.
(S) T~ (a) R~iptiom ' (b) Schedule for:
~-~ N~ E~ment A~i~l
~ P~ketch ~ ; ~im~n ~ Pa~ ~ ~ ~ ~ EASEMENT
~ ;
(~) T~s) T~ trans~mr here~y tra~f~ the land to t~ transfe~ and c~Jfi~
name of The Hydro-Electric Power Co~ssion of Ontario has been changed to Ontario Hydro
~ ,
A.D. Gardne~
)(9) S~l) ~ Tmn~l~o~) I ~y c~nt to this tran~cti~ ~ Date of S~ture
Na~s) Sig~tum(s) Y M O
,
(10) T~)A~ 700 Un~versLC7 Avenue, Toron[o,
Y M D
..........................................
(12) T~d~*) ~
~ 1710 Kingston Road, Picketing, Ontario LLV lC7
(la) T~fe~e) The transferor ~rifies that ~o the ~st of ~he tramsferor's knowl~ge and ~lief. this transfer
~nni~ ~. 1~. Data of Sig~tum Data ~ S~tum
Y M D Y M O
S~ ...................................... . g ...................... ... :,. ...............
to ~ine tMt ~is tmmf~ ~ ~t c~tra~ that ~i~ ~ ~ m ~
~ ~. ~ia trans~r d~ ~ ~tmv~ that ~hon. I am an Onto ~
~ ~ Y ~ M ~ D
Signature .......................... : ...... , .......
~l~~insu~u~49(21a)(c)(ii)~ni~l~~myk~~
tr~ d~ ~ ~tr~ ~ 4g of t~ P~nni~ A~ 1~. I ~ i~tly ~ ~ ~ f~ ~ ~s) ~ I ~ an On~
}~1 N~ ~ ~ ~ S~t~
~;IA~ Y M 0
~ , S~u~ ................................ ~ ........
R~
F~
[le) ~ A~ ~ P~ ' '
Real Estate & Security O~vts~on
700 University Avenue -
Toronto, Ontario MSG
636-519 Picketing CWR ~O-03-19
(7) INTEREST/ESTATE TRANSFERRED
SUBJECT to the following terms and conditions the right and easement
co lay, construct, operate, maintain, inspect, alter, repair, replace,
reconstruct and remove
and other works appurtenant thereto (hereinafter called 'the works")
in, over, along, across, upon and under those parts of the
Transferor's land described in Box 5 (which lands are herein called
the "strip'). Together with the right to the Transferee, its
servants, agents and contractors with all necessary vehicles, supplies
and equipment to enter onto the strip by the Transferor's access
routes and pass and repass over the strip for the purpose of
exercising or enjoying any of the rights herein granted.
The terms and conditions above mentioned which the Transferee
covenants and agrees to observe and be bound by are as follows:
1. This indenture shall be effective from the 19th day of
March , 1990.
2. The Transferee shall pay to the Transferor for the rights hereby
granted the sum of FOU~THOUSANDANDTHIRTY-FIYE ($4,035.00) ..... DOLLARS
3. The Transferee shall, except in case of emergency, before
commencing any work authorized by this indenture or intended so to be,
give to the Transferor forty-eight hours' previous written notice, and
in cases of emergency such previous notice as is reasonably possible,
and during any construction work, repair and maintenance, the
Transferor may have its representatives present, for whose time and
necessary expenses the Transferee shall pay on presentation of
invoices therefor.
4. The Transferee in connection with laying, constructing, opera%lng,
maintaining, inspecting, altering, repairing, replacing,
reconstructing or removing the works or any part or parts of them
shall not interfere in any way with or cause any damage to any works
of the Transferor now or hereafter constructed on the strip or on
adjacent Transferor's lands, and shall comply with the Design
Standards & Technical Specification of the Transferor, Canadian
Standards Association Standard C-22.3, the 'Safety Rules and Standards
Protection Code' of the Transferor, the Occupational Health and
Safety Act, R.S.O. 1980 and any amendments thereto and any regulations
passed thereunder. Upon completion of any of this work the Transferee
shall fill in all excavations, restore fences, and restore the surface
of the ground by restoring all topsoil and ground cover disturbed by
construction, and if necessary replacing destroyed or damaged trees
and shrubs, and do necessary grading to ensure soil and slope
stability, and remove all equipment, all to the satisfaction of the
Transferor.
5. The Transferee shall maintain the works in a good and substantial
state of repair at all times.
6. The Transferee shall comply with all statutes, by-laws, rules, or
regulations of every governmental or other competent authority
relating in any manner to the works or the exercise of any of the
rights or the easement herein granted.
~3of6
7. The locations of the works shall be indicated by permanent markers
of szze and design approved by the Transferor, which markers shall be
placed and thereafter maintained by the Transferee at the Transferee's
own expense in positions designated by the Transferor, and the
Transferee shall reimburse the Transferor for all costs incurred by
the Transferor in the installation of aerial warning devices or in
taking other measures to comply with any rules and regulations of any
governmental authority which would not have been incurred but for the
rights and easement herein granted.
8. If at any time or times any of the rights or the easement herein
granted to the Transferee should in the opi~lion of the Transferor
directly or indirectly increase the cost or expense of any of the
present works of the Transferor or works required by the Transferor in
the future, including the cost to the Transferor of acquiring any
additional lands or easements because of the existence of this
easement, the increase in cost or expense reasonably attributable
thereto shall be borne as follows:
{a) if the increase occurs during the initial five-year period of this
indenture, the Transferor shall pay the full cost;
(b) if the increase occurs during the second five-year period of this
indenture, the cost shall be divided equally between the Transferee
and the Transferor;
(c) if the increase occurs after the expiration of the initial
ten-year period of this indenture, the Transferee shall pay the full
COSt.
9. Notwithstanding any of the rights or the easement herein granted,
the Transferor may use the strip for any and all purposes of its
undertaking including landscaping and installation of harms; and if at
any time or times, in the opinion of the Transferor, the presence or
use of the works interferes with the Translator's use or intended use
of the strip, the Transferor may require the Transferee to relocate
the works or any part or parts of them in another location or
locations on the strip or on adjacent lands of the Transferor within
six months from the time of such request, and all terms and conditions
of this indenture shall then apply to the works in their new location
or locations and the cost of such relocation shall be borne as
follows:
(a) if the request is made during the initial five-year period of this
indenture, the Transferor shall pay the full cost;
(b) if the request is made during the second five-year period of this
indenture, the Transferor shall pay fifty per cent of the cost of
labour and the Transferee shall pay the balance;
(c) if the request is made after the expiration of the 'initial
ten-year period of this indenture, the Transferee shall pay the full
cost;
Provided that in the event it is impracticable to relocate the works
or any part or parts of them as aforesaid, the Transferee shall pay to
the Transferor, in accordance with the provisions of clause 8 hereof,
any increase in cost or expense incurred by the Transferor caused by
the works remaining in the original location.
Fa~m S -- ~ Ilegl~lrallon Ilefo,nm Act. 11e4
10. The Transferee shall, before making any installations or take any
measures for preventing corrosion of the works give to the Transferor
full written details of such proposed installations and measures and
obtain the Transferor's written approval of same, insofar as such
installations or measures will or are likely to affect the
Transferor's works or operations; provided that the Transferor's
approval shall not be unreasonably withheld, and the Transferee shall
indemnify the Transferor against any loss or expense resulting from or
incidental to such installations or measures and provided further that
such approval shall not be construed as waiving any rights the
Transferor may have to claim against the Transferee for damage from
corrosion suffered by the Transferor as a result of the presence of
the Transferee's works.
11. The rights and easement granted herein shall be subject to all
leases, licences, or any rights of use or occupation existing at the
date of this indenture, and the Transferor may from time to time renew
or extend these or .make new ones, so long as they do not interfere
unreasonably with the rights and easement herein granted.
12. The Transferee shall assume all liability and obligation for any
and all loss, damage or injury to property or persons (including loss
of life) which would not have happened but for this indenture or
anything done or maintained by the Transferee hereunder or intended so
to be, and the Transferee shall at all times indemnify and save
harmless the Transferor from and against all such loss, damage, or
injury and all actions, suits, proceedings, costs, charges, damages,
expenses, claims or demands arising therefrom or connected therewith;
provided that the Transferee shall not be liable under this paragraph
to the extent to which such loss, damage, or injury is caused or
contributed to by the neglect of the Transferor, its servants or
agents.
13. The Transferee shall assume liability for and pay as they become
due all taxes, rates, and assessments of every kind whatever, or any
amounts in lieu thereof, that may be imposed by reason of the works or
by reason of any of the rights or the easement granted herein and
shall at all times indemnify the Transferor from and against all such
taxes, rates, and assessments, or amounts in lieu thereof.
14. Notwithstanding anything herein contained to the contrary the
works and all other property of the Transferee at any time on the
strip or on adjacent Transferor's land shall be at the sole risk of
the Transferee and the Transferor shall not be liable for any loss or
damage thereto however occurring and the Transferee releases the
Transferor from all claims and demands in respect of any such loss or
damage, except and to the extent to which such loss or damage is
caused or contributed to by the neglect or default of the Transferor,
its servants or agents.
15. No right, title, or interest in or to the strip or any part or
parts of it or any adjacent land of the Transferor shall be acquired
by the Transferee except as expressly set out in and subject to all
the terms and conditions of this indenture.
16. The Transferee shall not transfer, assign, or sublet this
indenture or any rights or easement conferred by it without the
previous written consent of the Transferor, which consent shall not be
unreasonably withheld.
17. The Transferee, may, with the approval of the Transferor, install
additional pipe line? and other wor~s appurtenant thereto from time to
time vzthin the strzp witho~%r~a~'h~e~se la-~eet~l except payamnt
for temporary working rights, and subject in all other respects to the
terms and conditions herein contained.
18. If the Transferee should at any time fail to carry out any of the
terms and conditions herein contained, the Transferor may send by
registered mail to the Transferee written notice specifying such
failure, and if the failure is not remedied within three months of the
notice being mailed, the Transferor may terminate and cancel this
indenture in whole or as to any particular part or parts of the works
and all the rights conferred by this indenture on the Transferee in
connection therewith.
19. Upon termination of this indenture as herein set out or if at any
time the Transferee should abandon the works the Transferee shall
remove the works from the strip at its sole cost and expense within
six months of their abandonment and restore the strip to the
satisfaction of the Transferor; except that in lieu of removal the
Transferor may permit the Transferee to abandon the works provided
that in so doing the Transferee complies with all applicable statutes,
by-laws, rules, regulations and orders of competent governmental
authority relating thereto. The Transferee shall execute such
instrument or instruments in confirmation of such termination as the
Transferor may reasonably request in writing.
20. This indenture shall run with the strip and shall enure to the
benefit of and be binding upon the Transferor and the Transferee and,
except as otherwise stipulated herein, their respective successors and
assigns.
Affidavit of Residence and of Value of the Consideration ~,~,~ aw. ,.
Refee ~0 all instructions on reverM tlo~ ~ ~ O~
IN T~A~[~R Dff T~ CONVE~ANC~OF~~
(P~ Z, P~ 40~12851)
I ne uo~orat~on of the to~ of Plckenng
C.M, Timothy Sheffield
~ {d~ a~Boriz~ agegl or m~ci[or a~ng in this, t~9~ctioq for (~a ~*)
1 De ~ora~on ot t~e Jo~ or rlcKe~ng
Ia) Moni~ ~aid or to be ~e~ in cash $ 4 ~ 035,00
(ii) Given ~ck to ve~or ........................... $
(c} Pro~rty transferr~ in exchange (~ .................... $ ~]
(g) VALUE OF LAND. BUILOING. FIXTURES AND GOODWILL SUBJECT TO
LAND TRANSFER TAX (Totalof(a) to(fJ) ................... $ 4,035.00s . 4,035.00
(ii TOTAL CONSIDERATION $
No relationship ~een tra~feror and transferee.
Sworn ~.for~. m, at thTOWrl of Pickering
i. ,h. Regional Municipality of Durham
this 18th day of Sep~s[~Jert 19 90
Property Information Record
A. ~ri~ ~ture of in~rument: Transfer/Deed of ~nd
B. Ii) Addre~ of oro~¢ty ~i~ convev~ ~a~)
One ~e ~planade, PickeHn~: Ontario LIV 6K7
{ii} L~al O~Hotion of oro~¢tv conv~v~: S$m~ as in D.{i} above.
C,M. ~mothy Sheffield
T0~ Soli~tor REStStn~tto~ .o.
La~ R~isIry Off~ce NO.