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HomeMy WebLinkAboutBy-law 1316/81THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1316/81 Being a By-Law to authorize the execution of Transfers of storm sewer easements between the Corporation of the Town of Pickering and Noel and Margaret Brown (Lot 17, Plan 814) and between the Corporation of the Town of Pickering and Salvatore Misseri, Corradina Misseri, George Misseri and Margaret Misseri (Lot 1, Plan 432) WHEREAS a proposed development of residential lands at the north-east corner of Douglas Avenue and Old Orchard Avenue necessitates the receipt by the Municipality of Transfers of storm sewer easements across Lot 17, Plan 814 and Lot 1, Plan 432; 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 grant of storm sewer easement, in the form attached hereto as schedule "A", between Noel Brown and Margaret Brown and the Corporation of the Town of Pickering respecting Part Lot 17, Plan 814 (Parts 1 and 2, Plan 40R- ). 2. The Mayor and Clerk are further authorized to execute a transfer of storm sewer easement, in the form attached hereto as Schedule "B", between Salvatore Misseri, Corradina Misseri, George Misseri and Margaret Misseri and the Corporation of the Town of Pickering respecting Part Lot 1, Plan 432 (Parts 3 and 4, Plan 40R- ) . BY-LAW read a first, second and third time and finally passed this 6th day of July , 1981. TOS4'N OI PFCKERIN AP:TOM AS i 0 FOR SCHEDULE "A" THIS GRANT OF EASEMENT made the 8th day of June, 1981. B E T W E E N: NOEL BROWN and MARGARET BROFVN both of the Town of Pickering in the Regional Municipality of Durham hereinafter referred to as the "Grantors" OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PICKERING hereinafter referred to as the "Grantee" OF THE SECOND PART. WITNESSETH: 1. The Grantors are the owners in fee simple of the lands and prem- ises hereinafter described; 2. In consideration of other good and valuable consideration and the sum of Two Dollars ($2.00) of lawful money of Canada, now paid by the Grantee to the Grantors (the receipt whereof is hereby acknow- ledged), the Grantors hereby grant, appoint and convey, in perpe- tuity, unto the Grantee, its successors and assigns, the free, uninterrupted and unobstructed right and easement, (a) to enter and lay down, install, construct, maintain, open, inspect, alter, repair and keep in good condition, remove, replace, relocate, reconstruct, supplement and operate a storm drainage system, or any part thereof, including all appurtenances necessary or incidental thereto, on, in, across, under and through the land (herein called "the strip") described in Schedule "A" hereto; (b) to keep the strip clear of all brush, trees and other obstruc- tions of any nature whatsoever as may be necessary to the exercise and for the enjoyment of the rights and easements herein granted; (c) for the servants, agents, contractors and workmen of and other persons duly authorized by the Grantee, at all times and from time to time to pass and repass Faith all plant, machinery, material, vehicles and equipment as may be nec- essary, along the strip for all purposes necessary or inci- dental to the exercise and for the enjoyment of the rights and easements herein granted; - 2 - (d) to enter on, use and enjoy the land described in Schedule "B" hereto, for the purpose of facilitating the construction of the works herein referred to, it being understood that this right and easement shall constitute a temporary working easement only, and terminate and have no further force or effect upon the expiration of December 31st, 1982. 3. The aforesaid rights and easements are herein granted on the following terms and conditions which are hereby mutually coven- anted and agreed to by and between the Grantors and the Grantee: (a) Upon the completion of the construction of the aforesaid storm drainage system and of any installation, replacement, maintenance, inspection, repair, alteration or removal work subsequent thereto, the Grantee shall fill in all excavations in the strip and as far as practicable restore the surface thereof to the same condition as that in which it was found prior to the commencement of the work and shall remove all equipment and rubbish; (b) The Grantors shall not excavate, drill, install, erect, build or permit to be excavated, drilled, installed, erected, or built, on, in, over, through or under the strip any pit, well, pavement, building, structure or other obstruction of any nature whatsoever without the prior written consent of the Grantee, which written consent shall not be unreasonably withheld but otherwise the Grantors shall have the right fully to use and enjoy the strip subject always to and so as not to interfere with the rights and easements hereby granted to the Grantee; (c) Notwithstanding any rule of law or equity, the storm drainage system and all other equipment and appurtenances brought on to, laid on or erected upon, or buried in or under the strip by the Grantee shall at all times remain the property of the Grantee notwithstanding that the same may be annexed or affixed to the freehold and shall at any time and from time to time be removable in whole or in part by the Grantee or its successors and assigns; (d) The rights and easements hereby granted are and shall be of the same force and effect to all intents and purposes as a covenant running with the land and this grant, including all the covenants and conditions herein contained, shall extend to, being binding upon and enure to the benefit of the heirs, executors, administrators, successors in title and assigns of the parties hereto respectively, and all covenants herein contained shall be construed to be several as well as joint, and wherever the singular or masculine is used, it shall be construed as if the plural or the feminine or the neuter as the case may be, had been used, where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and termin- ological changes thereby rendered necessary had been made. 9. The Grantors covenant with the Grantee that they have the right to convey the said rights and easements to the Grantee notwithstanding any act of the Grantors. 5. The Grantee shall have quiet possession of the said rights and easements, free from all encumbrances. 6. The Grantors covenant with the Grantee that they will execute such further assurances of the said rights and easements as may be requisite. - 3 - 7. The Grantors covenant with the Grantee that they have done no act to encumber the said land. IN WITNESS WHEREOF the persons comprising the Party of the First Part have affixed their hands and seals and the Party of the Second Part has affixed its corporate seal duly attested by its proper author- ized officers. SIGNED, SEALED & DELIVERED In the presence of NOEL BROWN MARGARET BROWN THE CORPORATION OF THE TOWN OF PICKERING Mayor SCHEDULE "A" EASEMENT IN PERPETUITY ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Pickering, in the Regional Municipality of Durham and Province of Ontario and being composed of that part of Lot 17, Plan 814, designated as Part 1 on a plan of survey of reference deposited in the Registry Office for the Registry Division of Durham (No. 40) as Plan No. 40R- SCHEDULE "B" TEMPORARY EASEMENT ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Pickering, in the Regional Municipality of Durham and Province of Ontario and being composed of that part of Lot 17, Plan 814, designated as Part 2 on a plan of survey of reference deposited in the Registry Office for the Registry Division of Durham (No. 40) as Plan No. 40R- r r C rod HHCJ r-?O o KHr££ (XD o i N O to r r- rn O H W 4 ho H- =• cnr- Oo rt nr- rt 0 0 xrt 5• ?l ?3 m O K rt n n 0 r• In noQ r- a m o a M M P. (D H a r n to z H GG) 0 z r Fa H a a U) 0 o z z o z z z H x h1 C) O 00 roy H H n H x H Q z? c? H x Cs] H 0 0 H t+J d W SCHEDULE "B" THE LAND TITLES ACT SALVATORE MISSERI, CORRADINA MISSERI, GEORGE MISSERI and MARGARET MISSERI, the registered owners of the land registered in the Land Registry Office, for the Land Titles Division of Durham (NO. 40) as Parcel Plan 432-1-1, in the register for Section Town of Pickering in consideration of other good and valuable consideration and the sum of TWO DOLLARS ($2.00) paid to it doth TRANSFER TO THE CORPORATION OF THE TOWN OF PICKERING the free, uninterrupted and unobstructed right and easement, (a) on and after September 1st, 1981, to enter and lay down, install, construct, maintain, open, inspect, alter, repair and keep in good condition, remove, replace, relocate, recon- struct, supplement and operate a storm drainage system, or any part thereof, including all appurtenances necessary or incidental thereto, on, in, across, under and through the land (herein called "the strip") described in Schedule "A" hereto; (b) to keep the strip clear of all brush, trees and other obstruc- tions of any nature whatsoever as may be necessary to the exercise and for the enjoyment of the rights and easements herein granted; (c) for the servants, agents, contractors and workmen of and other persons duly authorized by the Grantee, at all times and from time to time to pass and repass with all plant, machinery, material, vehicles and equipment as may be nec- essary, along the strip for all purposes necessary or inci- dental to the exercise and for the enjoyment of the rights and easements herein granted; (d) to enter on, use and enjoy the land described in Schedule "B" hereto, for the purpose of facilitating the construction of the works herein referred to, it being understood that this right and easement shall constitute a temporary working easement only, and terminate and have no further force or effect upon the expiration of December 31st, 1982. The aforesaid rights and easements are herein granted on the following terms and conditions which are hereby mutually covenanted and agreed to by and between the Transferors and the Transferee: (a) Upon the completion of the construction of the aforesaid storm drainage system and of any installation, replacement, maintenance, inspection, repair, alteration or removal work subsequent thereto, the Transferee shall fill in all excava- tions in the strip and as far as practicable restore the surface thereof to the same condition as that in which it was found prior to the commencement of the work and shall remove all equipment and rubbish; (b) The Transferors shall not excavate, drill, install, erect, build or permit to be excavated, drilled, installed, erected, or built, on, in, over, through or under the strip any pit, well, pavement, building, structure or other obstruction of any nature whatsoever without the prior written consent of the Transferee, which written consent shall not be unreason- ably withheld but otherwise the Transferors shall have the right fully to use and enjoy the strip subject always to and so as not to interfere with the rights and easements hereby granted to the Transferee; - 2 - (c) Notwithstanding any rule of law or equity, the storm drainage system and all other equipment and appurtenances brought on to, laid on or erected upon, or buried in or under the strip by the Transferee shall at all times remain the property of the Transferee notwithstanding that the same may be annexed or affixed to the freehold and shall at any time and from time to time be removable in whole or in part by the Trans- feree or its successors and assigns; (d) The rights and easements hereby granted are and shall be of the same force and effect to all intents and purposes as a covenant running with the land and this grant, including all the covenants and conditions herein contained, shall extend to, being binding upon and enure to the benefit of the heirs, executors, administrators, successors in title and assigns of the parties hereto respectively, and all covenants herein contained shall be construed to be several as well as joint, and wherever the singular or masculine is used, it shall be construed as if the plural or the feminine or the neuter as the case may be, had been used, where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and termin- ological changes thereby rendered necessary had been made. The Transferors covenant with the Transferee that they have the right to convey the said rights and easements to the Transferee notwithstanding any act of the Transferors. The Transferee shall have quiet possession of the said rights and easements, free from all encumbrances. The Transferors covenant with the Transferee that they will execute such further assurances of the said rights and easements as may be requisite. The Transferors covenant with the Transferee that they have done no act to encumber the said land. IN WITNESS WHEREOF the persons comprising the Party of the First Part - 3 - have affixed their hands and seals and the Party of the Second Part has affixed its corporate seal duly attested by its proper authorized officers. SIGNED, SEALED & DELIVERED In the presence of SALVATORE MISSERI CORRADINA MISSERI 4 RGE MISSERI MARGARET MISSERI THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk SCHEDULE "A" EASEMENT IN PERPETUITY ALL AND SINGULAR that certain parcel or tract of land situate, lying and being in the Town of Pickering, in Municipality of Durham and Province of Ontario and be that part of Lot 1, Plan 432, designated as Part 3 on of reference deposited in the Registry office for the of Durham (No. 40) as Plan No. 40R- SCHEDULE "B" TEMPORARY EASEMENT ALL AND SINGULAR that certain parcel or tract of land situate, lying and being in the Town of Pickering, in Municipality of Durham and Province of Ontario and be that part of Lot 1, Plan 432, designated as Part 4 on of reference deposited in the Registry Office for the of Durham (NO. 40) as Plan No. 40R- and premises the Regional ing composed of a plan of survey Registry Division and premises the Regional ing composed of a plan of survey Registry Division tr ro YH Hn Y P- -J o CO Y£ £ CD ? c nn NO to -l r- r- ?-h 0 H ?:l :5 Y Fl- W ro F•-Fl Nr- n0 rt 0 r- rr 0 o Y rt ?3 ':5 fD O K r i h w r c N 0 W r • rDD o a + rn r• (D Y t9 z H 0 C) cn 0 t?a0 P) ?4 U] H H z [n cn H[+J CJ H H H N z H H rir x H w a. 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