HomeMy WebLinkAboutBy-law 1450/82THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1450/82
Being a By-Law to authorize the execution
of a Grant of Easement from Wayne Douglas
Smith and Sharon Emily Smith to the Corpor-
ation of the Town of Pickering respecting
part of Lot 30, Concession 1, Pickering
(Part 1, Plan 40R-6865)
WHEREAS, pursuant
Act, R.S.O. 1980,
may acquire lands,
corporation; and
to the provisions of section 193 of the Municipal
chapter 302, the council of a municipal corporation
and interests in lands, for the purposes of the
WHEREAS, the Town of Pickering requires an easement across that part
of Lot 30, Concession 1, Pickering, designated as Part 1, Plan
40R-6865 for storm sewer purposes;
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
Easement, in the form attached hereto as Schedule "A", between
Wayne Douglas Smith and Sharon Emily Smith and the Corporation
of the Town of Picketing respecting an easement for storm sewer
purposes over part of Lot 30, Concession 1, Pickering, designa-
ted as Part 1, Plan 40R-6865.
BY-LAW read a first, second and third time and finally passed this
1st day of March , 1982.
Shedule "A" to G~NT OF EASEMENT
By-law 1450/82 THE REGISTRY ACT
WAYNE DOUGLAS SMITH and SHARON EMILY SMITH,
both of the Town of Pickering, in the Regional Municipality
of Durham,
the registered owners of the land registered in the Land
Registry Office for the Land Registry Division of Durham
(No. 40) as Part of Lot 30, Concession 1, Town of Pickering,
in the Regional Municipality of Durham;
In consideration of other good and valuable consideration
and the sum of TWO ............... ~$2.00) .......... DOLLARS,
paid to them doth grant to THE CORPORATION OF THE TOWN
OF PICKERING, the free and uninterrupted and unobstructed
right and easement to construct and maintain such
storm sewer or sewers as may be required from time to
time on, in, under and across the lands hereinafter
particularly described as follows:
ALL AND SINGULAR that particular tract of land and premises
situate, lying and being in the Town of Pickering, in the
Regional Municipality of Durham, being Part of Lot 30,
Concession 1, in the Town of Pickering, in the Regional
Municipality of Durham and more particularly described
as Part 1 on a Plan of Survey of Record deposited in the
Land Registry Office for the Land Registry Division of
Durham as Number 40R-6865,
TOGETHER with the right of the Grantee, its successors
and assigns and its and their servants, agents, contractors,
employees and workmen, with all necessary materials,
equipment, machinery and vehicles, to enter upon the said
lands at all times and to pass and repass thereon for the
purposes of installing, constructing, reconstructing,
examining, altering, repairing, renewing or replacing
and maintaining the said storm sewer or sewers or any part
thereof, whether or not any part to be so constructed,
installed, repaired, renewed, altered, replaced or
maintained is situate on the lands described as follows:
situate, ly:~lq and being in the Town of Pickering, in thc.
Regional Municipality of Durham, b~il~q Part of Lot 30,
Concession 1, [n the Town of Pi,_~,=, .ng, in the Regional
Municipalit~ of Durham, and more ~ ' Lcularly described
,s na~ 1 on a Plan ~,F Sur"e~ of ~ , ,~d deposited in the
Land Registry Office for the Land Registry Division of
Durham as Number 40R-6865.
TO HAVE AND TO HOLD the said easement or right in the
nature of an easemeDt ,,n, in, under and across the lands
described herein ~lnho Lh~, Gran~oe, its successors and
.:t~;~gr.s for ~t:s and ~]}~,r ~.ie ~,~(j ,-mly use ~orever.
AND '['}]E GRAN')'ORS for tl.~m 3,,,] tL::i~' heirs, e:.~'cu~ors, admin-
istrators, and assiqns cov~::na~t with '.he Gra[.tee its successors
and %ssigns to keep the said lands decribed herein free
and clear of any buildings, structures and obstructions;
not to deposit on or remove any fill from the said lands;
,~d not to do or suffer to be done any other thing which
may alter or interfere with the storm sewer or sewers
constructed by or on behalf of the Grantee.
The Grantors covenan[ wilt ~q-u- c~h~_~:, that they have
the right to convey the sa$~ easement and rights to the
said Grantee notwithstanding any a{ e of tbs Grantors.
mhat +};e Grente~ sha~] ~a,'e quiet possession of the
~, :~M. ~ ig]il:s ,,~] '~a~R~ii;~,'~s ii-e.~ from ail encumbrances.
that they will execute such ~a~tk,- . ~l :-ii-,er assurances
of the said rights and easements .~." ,,' be requisite.
Page Three ....
And the said Grantors release to the said Grantee all claims
upon the estate herein conveyed for the said rights and
easements transferred by this indenture.
IT IS UNDERSTOOD AND AGREED by and between the parties
hereto that the burden of this indenture and all of the
covenants herein contained shall run with the lands
hereinbefore described and the benefit of this indenture
and of all of the covenants contained herein shall run
with all other lands and interest in lands owned, occupied
or used by the Grantee, its successors and assigns for the
purpose of operating and maintaining the said storm sewer
or sewers and that this indenture shall be binding and
enure to the benefit of the parties hereto and their
respective heirs, executors, administrators, successors
and assigns.
DATED AT TORONTO, Ontario, this 9th day of February , 1981.
IN WITNESS WHEREOF, the Parties hereto have hereunto set
their hands and seals.
WITNESS:
Wayne Douglas Smith
~ha~on Emily S~ith
THE CORPORATION OF THE TOWN
OF PICKERING
Per: c/s
Mayor
Per:
Town Clerk
^FFII3AVIT OF SUBSCRIBING WITNESS
I, WILLIAM J. ROBERTSON
of the Town of Markham
in the Regional Municipality of York
make oath and say:
I am a subscribing witness to the attached instrument and I was present and saw it executed
at Town of Markham by Wayne Douglas Smith and
Sharon Emily Smith
I verily believe that each person whose signature I witnessed is the party of the same name referred
to in the instrument.
SWORN before me at the Town of Markham
in the Regional Municipality of
York
this 12thday of February 1982
/ /? (-/7,
DOROTHY E EVANS aCommissicn.er / ~.~ w5>
lot Will~arn B. Th~rn'~s, Earri[t~r~ Soli~TiiorJ '
· ]f attorney
~ee footnote
xI/WE
of the
in the
make oath and say:
AFFIDAVITASTOAGEANDSPOUSALSTATU$
WAYNE DOUGLAS SMITH AND SHARON EMILY SMITH
Town of Pickering
Regional Municipality of Durham
When we executed the attached instrument,
were at least eJghleen years old.
Within the meaning o/section 1(]) o~ The Family La: Re~otto Act, 1978:--
~ Z >4~z x z x z x z x~
b) We were spouses of one another.
xz~ X zx zx zx ZX ZX zx zxz X z X zxzx z× Z X zx zx zx z~hg~{~XZ
(SEVERALLY) SWORN before me at the Town of
Markham, in the Regional Munici-
pality of York,
this 12thd,yof February 19 82
?
WAYNE DOUGLAS SMITH
SHARON EMILY SMITH
0
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