HomeMy WebLinkAboutBy-law 862/78THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 862/78
Being a By-law to authorize the execution
of a Grant of Easement between Emos Enter-
prises and Her Majesty the Queen in Right
of Ontario as represented by the Minister
of the Environment with respect to Part
Lot 18, Range 3, Broken Front Concession
(Parts 1, 6 and 9, Plan 40R-4334).
WHEREAS Emos Enterprises is the owner in fee simple of
certain lands in Lot 18, Range 3, Broken Front Concession;
AND WHEREAS the Corporation of the Town of Pickering, as
successor to the Corporation of the Township of Pickering,
has an easement across the said lands (Instrument Number
249960);
AND WHEREAS Emos Enterprises is desirous of granting certain
easements to Her Majesty and requires the consent thereof
of the Corporation of the Town of Pickering, as an encumbrancer,
to such grant;
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 Easement in the form at-
tached hereto as Schedule "A", between Emos
Enterprises and Her Majesty the Queen in
Right of Ontario as represented by the
Minister of the Environment with respect to
Part Lot 18, Range 3, Broken Front Concession
(Parts 1, 6 and 9, Plan 40R-4334) to signify
the consent of the Corporation of the Town
of Pickering to the granting of such Easement.
BY-LAW read a first, second and thud time and finally
passed this 10 JL day of (,7?'^.^/(?,/? , 1978.
L k?4La?l?_
ayor
rI
Clerk 't
THIS IS SCHEDULE "A" TO BY-LAW 862/78
V)iq Oratit of (!Zagemnitg madc the 17th da) of
April 19 78
jBow rn
GERCA ENTERPRISES LIMITED, TEMUR ENTERPRISES LIMITED,
and AFAR ENTERPRISES LIMITED, all being corporations
incorporated under the laws of the Province of Ontario
each as to an undivided one-third interest, carrying
on business under the firm name and style of
EMOS ENTERPRISES
herein called the Grantor
and
?1)rr jTbjr5t)t Thr Ourrll hi 3i1g1)t Of
Ontario 215 V;rprr5rn1rb iBn Thr
jfbnimrr (Of Thr Cnbiroil nlflit herein called the Crown
nRd-
-hrn3-nrc?ift-, -r1t?-('hrij:?2-
and
THE CORPORATION OF THE TOWN OF PICKERING
herein called the Encumbrancer
--:u ltl----
tg>~4aFY7 +-8rzsr?, F-
1)It{IC55C(1)
1. TIIe Grutlor is entitled to in fee simple and in possession the land herein described subject to the encumbrances
llercirrafter described.
'_. The Chargee is the registered owner of a mortgage or charge affecting file land of the Grantor.
1. Ilre (Encumbrancer) has a claim against or an interest in the land of the Grantor of sndt oafurt as to constitute him
an encumbrancer Ihcreof.
4. Pmstunl to The Ontario Wiler 12esources Act, and amendments Iherelo, the Crown has erected or is about to erect,
a sewer/water main or nrs on the la d of II c Gray tor.
Omer good and vayuable consideration and
S. In consideration of/ilre sum of -----------------TWO ($2.00) ---------------- Dollars
of lawful Money of Canada, nrls' paid b) the crown to the (;rntlor (file receipt Whereof is herehy ac I, no"] edged) flic
Grantor hrrehy grants and coowY, in perpclnily to the (Town. its sucrrssors and assigns, the rigllls and escnrenin.
131 ro enter and lay down, instill, con'twet, maintain, open, inspeel, add to, alter. repair and keep in good con-
dilion. remove. replace. rclocale. rccon+lrocl, supplement and operate one or more sewer/water mains or any parr
Ihereof. including all appnrlem;nlCe. nccrssarv or incidental thereto. on. in. across. under and through the land (herein
rolled "tire stripe) desclihcd in .Schedule "A`-hcrelo annescd:
(h) To Is rep the strip clear of all brush. Irecs and other nhst r oct ions of an)' nil arc a'hatsoe ver as nray he occessan'
to the csc rcisc and hn Ibc cujo)'mcnl of the rights and cascnicnls herein granted:
(c) For the scn'ants, agents, contractors and workmen of and littler persons duly aulhorired by the Crown, at all
limes and from lime it, lime to pass and repass with all plant, machinery. material, vehicles and equipment as mac be
necessary, along Ilie strip for all purposes necessary or incidental to the eserci,c and for the cnjopmcnl of the ng?-ds
and casements licrenl granted.
The aforesaid rights and casements are herein granted on the following terms and conditions which are hcrcM
ourualh' covenanted and agreed to by and hefween the Grantor and the Cronin:
1. Upon the contplelion of the constnlclion of the aforesaid scwcrjn'ater main or mains and of am inslallation. it-
pl:+ecmcat, ne+inlea:mce, in,pcclion, repair. alicration or removal work subsequent thetcto, lire crown shall fill in ,!I
csc a%a l Ions in Ibe strip and as ter as pr act is ,bile restore the sue face thereof to the same con di Iion as Ill al in sshi, 11 it It as
hnuid prior to the cnnunencenrenl of the work.aod dull remove all cquipmenl and rubbish.
P. V.• 1 0l .1 MOE 13 131,1
_'. The Grantor shall not excavate, drill, install, erect, build or permit to be excavated, drilled, installed, circled, or
built. on, in. over. through or under the strip any pit, well, pavement, building, structure or other obstruction of any
natuc Whatocver without the prior written consent of the Crown, which written consent shall not be unreasonably
withrld but otherwise the Grantor shall have the right fully to rice and enjoy the strip subject always io and so as not to
mtrrfrrc with the rights and easements hereby granted to the Crown.
i_ Nolvvilhstanding :my rule of law or equity, the sewer/water main or mains and all oth-,r equipment and appurl-
cnances brought on lo, laid on or erected upon, or buried in or under the strip by the Crown shall at all times remain
the property of the Crown notwithstanding that the same may be annexed or affixed to the freehold and shall at any
time and from time to Hine be removable in whole or in part by the Crown or its successors and -assigns.
4. 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 arid 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 sen-
tence shall be construed as if the grammatical and terminological changes thereby rendered necessary had been made.
The Grantor covenants with the Crown that he has the right to convey the said rights and easements to the
Crown notwithstanding any act of the Grantor.
And that the Crown shall have quiet possession of the said rights and casements, free from all encumbrances,
save as aforesaid.
And the Grantor covenants with the Crown that he will execute such further assurances of the said rights and
casements as may be requisite.
And the Grantor Covenants With the Crown that he has done no act to encumber the said land save as aforesaid.
31 n Ulitnegg UePyre0f the said parties hereto have hereunto set their hands and seals.
C?)igneb ?&ealeb anb 73elibereb
In the Presence Of:
GERCA ENTERPR SES LIMITED,
?.... - .; I _ .... ..
per........... ............... .....................
T yr 4 /}a r CA
Granrur
EhlUR ENTERPRISES LIMITED,
per A - ................ .......... .............._..........._..:.... SEAL
AFAR ENTERPRISES LIMITED,
i
per:......_........_:._ ....................._..... ..... -.?............_...... sEAL
THE CORPOVTION OF THE TOWN OF PICK
per -/?- =yC--- - -----------
For and on Behalf of Her V<esty The
Queen in Right of Ontario
...........................................................................................
per ( )
MOE 1] 1]1
P.,. 2 of 3
SCHEDULE "A"
The Crown its agents, servants, successors and assigns has
the right to enter upon a strip or strips as shown on the
Plan of Survey registered as Plan No. 40R-4334
The said Easement lands are described as follows:
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 being composed of
part of Lot 18, Range 3, Broken Front Concession in the
said Town
more particularly described as follows:
FIRSTLY:-
A permanent easement in perpetuity in favor of Her Majesty
the Queen in Right of Ontario as Represented by the Minister
of the Environment for the construction of a sewer/water
main or mains over Partl
on registered Plan 40R-4334
SECONDLY:
A temporary easement in favor of Her Majesty the Queen in
Right of Ontario as Represented by the Minister of the
Environment for access for the construction of a sewer/water
main or mains over Part6 and 9
on registered Plan 4DR-4334 for accession purposes,
for a period not to exceed 12 months from the date of
commencement of construction.
SUBJECT to a right over parts 1, 6 and 9 on registered Plan
40R-4334 as set out in Instrument No. 249960.
Form 1054
Affidavit - The Plnnning Act
Are M. Art 1-d. only.
N rv .ume .nd GIILrrt ],Irnll ad. •I'onmlo
IN THE MATTER OF THE PLANNING ACT (as amended)
AND IN THE MAT'T'ER OF THE TITLE TO
Mn^'?°• AND INTHE MATTER OF A GRANT OF EASEMENT/DEED
A.r..mrnt er
Sa lr, U+.r, etc.
THEREOF, FROM
7.O HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED
BY THE MINISTER OF THE ENVIRONMENT
DATED 28th June, 19 78 .
I, TONIA SCHABEREITER
of the City of Toronto in the Municipality
of Metropolitan Toronto
MAKE OATH AND SAY AS FOLLOWS:
1. lam an officer of the Transferors
named in the above mentioned Instrument, and have knowledge of the-matters hereinafter
sworn.
2. The said Instrument, and the conveyance or other dealing with land affected thereby, do not
contravene the provisions of The Planning Act, as amended, because
nrnot (aj-Tkepresc rE?e? ste evl ow Ne?doc?saet?cta r fhc f?eariJ cYyrr Ee?re?empf ?r+-vra
.rrrr.nlr prrttrc-rYis-riy7tE?trgrrrn?,-msigm?rtxt-reestgptrmtr-vf?p7semt-metr[?cit]rrcspecl?rrany
1 o ne7- a b?xttin g ?1rY-k nd- aff cci-cd-in./-thr - f,7 s?rrt- ?? ?asrtf i}?errt
st., (b) The Land (or interest therein) described in the
1_.n Transfer (of Easement) is being acquired by the Crown.
1
'`'n' pursuant to Section 29, 2(c) of The Planning Act.
SWORN before me
at the City of Toronto
in the Municipality of Metropolitan
Toronto
this Jv `
day of June, 19 78
TON1A SCHABEREITER
F........., -d (;01 -rt, IJnJ1.d. T-oNW
IN THE MATTER OF SUBSECTION 3 OF SECTION 5 OF
THE LAND SPECULATION TAX ACT, 1974
Affib all it
TONIA SCHABEREITER
I, _._ ..._.... _ _.... .. _.. of . ... _ ................
iDr;^: aam.?
49 Thorneliffe Park Drive, Apt. 421,
inri^I .aa,r,.?
TORONTO, Ontario. M4H 1J6
MAKE OATH AND SAY THAT:
1. I verily believe that the disposition of designated land evidenced in the attached instru-
ment or writing is exempt from the tax imposed by subsection I of section 2 of the
above Act by virtue of the disposition being:
describe Designated land is disposed of to Her Majesty The Queen
a+°r•uf in Right of Ontario as represented by the Minister of
dk,r Mt{an
Environment,
as provided for by section 4 , clause J ,xwxx:xexx of the above Act.
an officer of Gerca Enterprises Limited, one of
aeiete lhi. 2. I arr/the transferorsnaking the disposition referred to in paragraph I hereof.
yaragraph iS
inapDll?.ble Since the acquisition of my interest in the designated land that is referred to in para-
graph 1 hereof and that is being disposed of to the transferee named in the attached
instrument or writing, no disposition with respect to such designated land has occurred
prior to the disposition to the said transferee.
dei? ihi. 3. -1 dnT antlmyirzz l-hT- yricing-b3-thp-transferor nTakhTg-the-Ti,?ya i-iun'-referred i.o-irr
Dnragra Dh if _--
mappurabk paragraph I hereof to make this affidavit. _
Since the acquisition of the_i_niereat-uf'tFie_tra_
_nsferor in the dei`igrrafe3 land that-is
referred to in?axAD-alll' I hereof and that is_beiug-4isf%-s- of to the transferee named
r srinng, no disposition with respect to such designated
is the-`a£Cached instrument _o
lnfiU`"has o?curi?d'4Sr5"ortbtl-ie ?7i?3ithi15tGT1T? sni'tLt7-ati'5f7-ee.
Sworn before me at the City
of Toronto
in the Municipality
of Metropolitan Toronto
this 2 P'
day of June, 19 78.
TONIA SCHABF,REITER
A CumTissioner, etc.
IN THE MA'ITER OF SUBSECTION 3 OF SECTION S OF
THE LAND SPECULATION TAX ACT, 1974
Affibatlit
1 TONIA SCIIABEREITER of
(print name)
49 Thorncliffe Park Drive, Apt. 421,
.__........... _. ......................
......
(print addiene)
Toronto, Ontario. 114H 1J6
_ ..................._...... ...... ........ ............ _..... .. ........ .....
MAKE OATH AND SAY THAT:
1. I verily believe that the disposition of designated land evidenced in the attached instru-
ment or writing is exempt from the tax imposed by subsection 1 of section 2 of the
above Act by virtue of the disposition being:
de=er;he Designated land is disposed of to Her Majesty The Queen
at°'°°T in Right of Ontario as represented by the minister of
a?,raainop
Environment,
as provided for by section 4 , clause J ':9MXc7 'KXX of the above Act.
an officer of Temur Enterprises Limited, one of
delete this 2. I am/the transferorgnaking the disposition referred to in paragraph 1 hereof.
par-sr-ph it
Since the acquisition of my interest in the designated land that is referred to in para-
graph 1 hereof and that is being disposed of to the transferee named in the attached
instrument or writing, no disposition with respect to such designated land has occurred
prior to the disposition to the said transferee.
delete this 3. a-M'autii0rrzcd-'i1r'c.?riting-tsy-ttrefiair; ?fi'ornraki-nna-rufermd -tour
paraFrzph :r _ ?7?.:-rti
inappllrahle paragraph 1 hereof to make this affidavit. ____--
Since the acquisition of the ini_Frest-of-tFe transferor in the deg ?. aCea ]and that is
referred to i_n_?wg aISFi i hereof and that is_beiQo c dosed of to the transferee named
in4he- tfached instrument or-?citirrg; no disposition with respect to such designated
7nrfd-'F'as occ urr?U li5'toi-ZUZFie d"is io3itialS'[atlre seh3"t7nr;,;??-ee.
Sworn before me at the City
of Toronto 1
in the Municipality
of Metropolitan Toronto TONIA SCIIABEREITER
this 2 f?
day of June, 1978.
A Comm io: etc.
IN THE MA'T'TER OF SUBSECTION 3 OF SECTION 5 OF
THE LAND SPECULATION TAX ACT, 1974
A f b avit
do ribs
rnturs of
disposition
delete this
paracreph if
inapplicable
&4L this
nara;, rash if
mapnlicable
TONIA SCHABEREITER
(print na-e)
49 Thorncliffe Park Drive, Apt. 421,
........... ........ ....... ...............
(print eddrrss)
Toronto, Ontario. 1,14H 1J6
MAKE OATH AND SAY THAT:
1. I verily believe that the disposition of designated land evidenced in the attached instru-
ment or writing is exempt from the tax imposed by subsection 1 of section 2 of the
above Act by virtue of the disposition being:
Designated land is disposed of to Her Majesty The Queen
in Right of Ontario as represented by the Minister of
Environment,
as provided for by section 4 , clause J ,XkaK:K 'XXX of the above Act.
an officer of Afar Enterprises Limited, one of
2. I am/the transfero>smaking the disposition referred to in paragraph 1 hereof.
Since the acquisition of my interest in the designated land that is referred to in para-
graph 1 hereof and that is being disposed of to the transferee named in the attached
instrument or writing, no disposition with respect to such designated land has occurred
prior to the disposition to the said transferee.
3. mr av trtrtze it ?Titing by tine a)rfemrnmalh ttm?l # orr -referred -to -ia
paragraph 1 hereof to make this affidavit. -
Since the acquisition of the_inlxe-A-aY"tFe transferor in the_de? _rrare-nand that-is
referred to i_nSy:gaagff hereof and that is being disj5osed of to the transferee named
4i-41re-'ttached instrument_( r-x?:xStirrg, o disposition with respect to such designated
7erid a-s oc?ui Pe?plfioT?? Trig Gs?'o3i WT-tG tl)e cahl t7 nitS7e]ee.
Sworn before me at the City
of Toronto
in the Municipality
of Metropolitan Toronto
this Q
day of June,
1978.
TONIA SCIIABER171TER
A Commis oner, etc.
Form 166 N, nd nlh, rt, I i 1,a, Tumnlo . stn 1/:6
tSIP TCand Ofitfpr 19 M
AFFIDAVIT OF VALUE OF THE CONSIDERATION
IN THE MATTER OF THE CONVEYANCE made
by: GERCA ENTERPRISES LIMITED, TEMUR ENTERPRISES LIMITED, and
- -- - --- - - -_ --- - N---T- ------ RI-
AFAR ENTERPRISES LIM I TED, c.o.b. as EMOS ENTERPSES
- - ---------------------------------------------------------------------------
the p.rti ,w to: _HER MAJESTY-_.THE_ QUEEN_ IN -_RIGHT. OF ONTAR_IO..-AS-_-_---- - --
to the -- __-._
r.,n.cy.... REPRESENTED BY.THE_-MINISTER _OF_THE._ENVIRONMENT ------ __-_-_
on the 17th day of April 19 78
STEPHEN ALTWERGER----- . ------------- ------- ---_____ ._-.---
of the _ --City of Toronto- - ------ ---- -------- --- ---------- --- -- ---
inthe___Municipality _o_f-Metropolitan _Toronto - . _.. -_--__
MAKE OATH AND SAY THAT:
Thic.Rd.,it m.Y the solicitor--for_ the-,Grantee _.-___-.._-
_----- -
1. I aryl
---__ --- _ . -----
I, m.de by [he ...
__-,_--
--_--_
ror ,en- named in the within (or annexed) conveyance.
dor or by eny aoe
sting for them
under power of
'"°m`y°rd, .
urney rb
2. I have a personal knowledge of the facts stated in this affidavit.
ilA
.g
in v-riling by the
perch sec
ven
der or by the
the
oolth
of e1mer
3. (1) The total consideration for this transaction has been allocated as follo
ws:
ern
of them or IT, :wme
other person n
ed by the
(a) Land, buildings, fixtures and goodwill
2,_00__........
kt
i.t of
Mir'
xe.rn.e.
(b) Chattels -- items of tangible personal property - (see note)
$_
'
nl ___-.____
TOTAL CONSIDERATION - - -- ---- $ 2.00 -
(2) The true consideration for the transfer or conveyance for
Land Transfer Tax purposes is as follows:
(a) Monies paid in cash -_-_......... ..- $ 2.00
(b) Property transferred in exchange (Detail below) _-..-_._...--- $_
n> mu.tl
Anblr
(c) Securities transferred to the value of (Detail below) $ n filled
- -
(d) Balances of existing encumbrances with
interest owing at date of transfer nil
- -----------
(e) Monies secured by mortgage under this transaction $ nil
---------- ----
(f) Liens, legacies, annuities and maintenance
charges to which transfer is subject nil
(g) Other (Detail below) $- nil
TOTAL CONSIDERATION (should agree with 3(1) (a) above) - $. . 2. 00
4. If consideration is nominal, is the transfer for natural love and affection? --
I ----------------- -- ----- ---_-...- of a -- - ---- - - --- -- ------- -- - -- -- ---- ...... -
5. If so, what is the relationship between Grantor and Grantee?
------------ ----- - ---- - - nla-
6. Other remarks and explanations, if necessary ...-The within conveyanceis_
exempt _from _Land..Transfer_Tax_ as. t-he_conveyance-is_to_The Crown-
pursuant to Section 2, Subsection 3.,_.T_heLand_Transfer_Tax
Chapter 235, R.S.O. 1974
-- - - - - ---..-- - - ---- -- - - -------- - - - - -
SWORN before me at the City
of Toronto
in the Municipality
------------------of Metropolitan Toronto Stephen Altwerger --------------
this 17th.day of April 1978
•CO.•.M ISS'OI,t ?TQM I.nING .IrID.V115 [lC
BETTY WOOD, e Cornmdsf'Wer, etc.,
1' JuCic:al DSUict of YorVc,l rowich, 6?rristorn
Fl:narper, Lzpowich8 W.
EIPIIL, 1..ay 10, 1979.
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Thr Ila.il Sd,+ T.. All a S.O. IV:n 1 n..mr n'bd !',.r J,r „f '111 lyd 1 ir'.rvr . .,thr ild, p, rh.n e4, the on.l ..I ur „r .. tu-h m rhr ,.r. 1 d lLe
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rl f
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