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HomeMy WebLinkAboutBy-law 1966/85THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1966 /85 Being a by-law to authorize the execution of a Grant of Storm Sewer Easement from The Metro- politan Toronto and Region Conservation Authori- ty to The Corporation of the Town of Picketing over part Lot 23, Concession 2 (Part l, Plan 40R-8431) (Plan 40M-1332) WHEREAS The Corporation of the Town of Picketing requires a Storm Sewer Easement over that part of Lot 23, Concession 2, Pickering, designated as Part 1, Plan 40R- 8431, for the purpose of draining storm water from Subdivision Plan 40M-1332, 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 Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a Grant of Storm Sewer Easement in the form attached hereto as Schedule A between The Metropolitan Toronto and Region Conservation Authority and The Corporation of the Town of Picketing over that part of Lot 23, Concession 2, Picketing, designated as Part ], Plan 40R-8431 (B.M.W. Properties Limited; Plan 40M-1332). BY-LAW read a first, second and third time and finally passed this 4th day of Febru- ary, 1985. SCHEDULE A GRANT OF EASEMENT THIS INDENTURE made this day of · 1985. BETWEEN: THE METROPOLITAN TORONTO AND REGION CONSERVATION AUTHORITY as constituted under the Conservation Authorities Act, RoS.O. 1980, chapter 85 hereinafter called the "Grantor" OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Grantee" OF THE SECOND PART. WITNESSETH that in consideration of the sum of Two Dollars ($2.00) now paid by the Grantee to the Grantor the receipt whereof is hereby acknowledged the Grantor does hereby grant, transfer and convey to the Grantee, its successors and assigns, the free, uninterrupted and unobstructed right and easement to construct, operate and maintain such storm sewer together with any and all appurtenances thereto as may be required from time to time, on, in, across, under and through the lands situate in the Town of Picketing, in the Regional Municipality of Durham and more particularly described in Schedule A attached hereto; TOGETHER with the right of the Grantee, 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 the purpose of constructing, reconstructing, examining, repairing, renewing or replacing and maintaining the sewer or any part thereof or appurtenances thereto, whether or not the sewer, part thereof or appurtenances thereto to be constructed, examined, repaired, renewed, replaced or maintained is situate on the lands; TO HAVE AND TO HOLD the easement or right in the nature of an easement on, in, across, under and through the ]ands unto the Grantee, its successors and assigns, for its and their sole and only use forever; AND the Grantor, for itself and its successors and assigns covenants with the Grant- ee and its successors and assigns to keep the lands free and clear of any buildings, structures or obstructions; and not to do or suffer to be done any other thing which may or might injure or damage any of the works of the Grantee; AND the Grantor covenants with the Grantee that it has the right to convey the rights and easements to the Grantee, notwithstanding any act of the Grantor; AND the Grantee covenants and agrees with the Grantor that it will fill in all exca- vations and, as far as is practicable, restore the lands to the condition existing prior to any entry thereon to exercise the rights hereby granted; AND the Grantee hereby agrees to indemnify and save harmless the Grantor from all claims for damages, injuries or whatever arising for the construction, reconstruction, examination, repair, renewal, replacement or maintenance of the sewer or any part thereof, or appurtenances thereto; AND the Grantee covenants and agrees with the Grantor that it will at all times carry out any construction, maintenance or repairs required pertaining in any way either directly or indirectly to the installation of the storm sewer, related appurtenances or use of the easement area. The burden of this Indenture and of all of the covenants herein contained shall run with the lands and the benefit of this Indenture and of all covenants contained herein shall run with all other lands and interest in land owned, occupied or used by the Grantee, its successors and assigns, for the purpose of operating or maintaining the storm sewer and that this Indenture shall be binding upon and enure to the benefit of the parties hereto and their respective successors and assigns; IN WITNESS WHEREOF the Parties hereto have hereunto affixed their corporate seals, duly attested by their proper authorized officers. SIGNED, SEALED AND DELIVERED THE METROPOLITAN AND REGION CONSERVATION AUTHORITY Chairman 'Secretary THE CORPORATION OF THE TOWN OF PICKERING Clerk SCHEDULE A ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Plckering, in the Regional Municipality of Durham (formerly the Township of Picketing, in the County of Ontario) and Province of Ontario, and being composed of that part of Lot 23, Concession 2, designated as Part 1 on a Reference Plan deposited in the Land Registry Office for the Land Registry Division of Durham (No. 40) as Number 40R-8431. :~0 0~, 0~ :~0 :~0 ~0 0o