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HomeMy WebLinkAboutBy-law 2403/87THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2403/87 Being a by-law to authorize the execution of a Transfer of Storm Sewer Easement from Ontario Hydro to The Corporation of the Town of Picker- lng over Part Lot 25, Concession 2 (Part t, Plan 40R-9194) (370766 Ontario Ltd., Plan 40M-1375). WHEREAS, The Corporation of the Town of Picketing requires a Storm Sewer Ease- ment over that part of Lot 25, Concession 2, Picketing, designated as Part 1, Plan 40R-9194, for the purpose of draining storm water through subdivision plan 40M-1375, 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 ItEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a Transfer of Storm Sewer Easement in the form attached hereto as Schedule A between Ontario Hydro and The Corporation of the Town of Pickering over that part of Lot 25, Concession 2, Pickering, designated as Part 1, Plan 40R-9194 (370766 Ontario Ltd., Plan 40M-1375). BY-LAW read a first, second and third time and finally passed this 2nd day of March, 1987. TOWN OF PICKERING APPROVED .EGAL DEk Johr~E. Anderson, ~7~yor ~ New Property Idectlflera 6xecutlorm of Transfer/Deed of Land Form 1 -- Land Reglatmtlon Reform Act, 1984 See (1) Registry [] Land TltJes [] J(g) Page 1 of 6 bagas Block Property A (3) property Iderttfller~s) Addttlonm: Schedule (4) ~l~ll~ SEVEN THOUSAND TWO HUNDRED AND SIXTY ~- ................... Dolings 7,260.00 (S) Oe~flpllon This ie a: Pm~ Pro~ Division ~ Cofl~lldatl~ ~ part of Lot 25, Concession 2, Town of P~ckering, in the Regional Municipality of Durham, designated as Part 1 on Plan 40R-9194 This (a) Redsecrlptlon i (b) Schedule for: Document New Easement T Additional Contalnl Pien/~ketch [] ; Description [] Parties I (?) Intem~t/~state Tmn~b~ed [] Other [] Easement Trenafero~(s) The transferor hereby transfers the land to the transferee and Xe(l~ll~l~)~<:l~t~l~eloXl~M:ll~l~hat to Ontario Hydro by v~,rtue of The Power Commission Amendment Acer, 1973 .p.~.o.c.[.a.~..~.e.~. ~.n force March 4, 1974. Date of $1gneture Name(s) Signature(e) I ONTARIO HYDRO ....... A.D. GARDNER Spousal) of Trensfero~[s) I hereby co~sent to this transection Date o1 Signature Name(s) Signetum(a) Y M O ! (10) Trensferoqs) Addr~l forS~,-.Ic~ 700 University Avenue, Toronto, Ontario M5G lX6 11) Transferee(s) Date ~ Bi~!~ THE CORPORATION OF THE - TOWN OF PICKERING (12) TrantfeeN(s) Address forSM-,=,c~ 1710 Kingston Road, Pickering, Ontario KlV 1C7 Y M O (13) Tr~oelero~[i) The transferor verifies that to the best of the transferor a knowledge and belief, this transfer does not contravene section 49 of the Planning Act, 1983. Date of Signature Date of Signature So)lcllor fro' Tranalero~(s) I have explained the effect of section 49 of the Planning Act, 1983 to the transferor and I have made Inquiries of the transferor to determine that this transfer doe~ not contravene that section and based on the information supplied by the transferor, to the best of my knowledge and belief, this transfer does not contravene that section. I am an Ontario solicitor tn good standing. Date of Signature Name and Addrm of Solicitor Signature ......................................... ~"" (14) ~oltM I~' Treesllme(.) I have Investigated the title to this tend and to abutting land where relevant and I em satisfied that the tills records I~ ~ reveal no contravention as set out in subclause 49 (21 a) (c) (il) of the Planning Act, lg~3 and that to the best of my knowledge and ballet this ~I'F{ ~ transfer does not contravene section 49 of the Planning Act 1963. I act independently of the ~olicitor for the transforo~'(s) and I am an Ontado ~ ~ ~[~1 ~ollcltor In good standing. Address of Soliclto~ Date of Signature Y M O Signature. ~'(16) Municipal lddmM of Properly (17)' Document Prepared by:. 700 University. Avenue Toronto, Ontario M5G lX6 TOfM 10173 (12/~1) ONTARIO HYDRO Real Estate & Securi,ty DiV. File: 636-13 Pickering ,kJAD:dc Schedule I.,nd Regblr.~lo~ Reform A~, 1~4 'Addltlof~il Prol)~dy Idenlllle~e) Ifld/or OIf~' Infom~atlo~ 2 of 6 S (7) INTEREST/ESTATE TRANSFERRED SUBJECT to the following terms and conditions the right and to lay, construct, operate, maintain, inspect, alter, repair, reconstruct and remove a drainage swale and intake sewer within a 4 metre wide easement strip. easement replace, and other works appurtenant thereto (hereinafter called "the works~) in, over, along, across, upon and under those parts of t~e Transferor's land described in Box $ (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 1st day of December , 1986. 2. The Transferee shall pay to the Transferor for the ri'ghts hereby granted the sum of Seven Thousand Two Hundred and Sixty .... 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, operating, 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 OccupatioDal 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~-estore 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. o, Schedule Fm~t $ -- LamJ R~'--~.~.. Ref~m Ac% I~4 Additional Pre4)Mty IdeNIfler(e) an(I/o~ OthM' Inf(xmatlmt 3'of 6 7. The locations of the works shall be indicated by permanent markers of size 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. Zf at any time or times any of the rights or the easement herein granted to the Transferee should in the opinion 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 followst (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 terms; and if at any time or times, in the opinion of the Transferor, the presence or use of the works interferes with the Transferor'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 land~ of the Transferor within six months from the time of such request, and ail 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 a~ter 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. S o, Sc edule Fo~ $ -- L~nd R~g~mlkm R~o~m Ac~ p~ 4 of 6 'Addltlo~M Property I¢le~t~e) ~ Other Inlo~,matloa 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 gf 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 (inclmding 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 ail 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 lines and other works appurtenant thereto from time to time within the strip without any increase in rental except payment for temporary working rights, and subject in all other respects to the terms and conditions herein contained. S "'--" duie o, $che Ontario Focm$ -- L~nd Regbtr~lon Reform Add#lofml Pn)~c)~dy Id~dll1~e) md/re' Otha' Iflfom~lloe 5 of 6 S Page 18. If the Transferee should at any time fall 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.