HomeMy WebLinkAboutBy-law 872/78THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 872/78
Being a By-law to authorize the execution
of a Grant of Easement between Jack
Jacobsen Construction Limited and the
Corporation of the Town of Pickering
respecting Part of Lot 1, Bostwick's
Plan (Parts 1 and 2, Plan 40R-4307).
WHEREAS, pursuant to the provisions of Item 1, Schedule "B",
of a Subdivision Agreement dated October 3, 1977 and registered
in the Registry Office for the Registry Division of Durham on
May 1, 1978, between Jack Jacobsen Construction Limited and
the Corporation of the Town of Pickering, Jack Jacobsen
Construction Limited is required to grant to the Town such
easements as are deemed necessary for the provision of storm
sewer services for the said Subdivision;
AND WHEREAS it is deemed necessary that Jack Jacobsen Con-
struction Limited grant to the Town an easement for such
purposes across part of Lot 1, Bostwick's Plan (Parts 1 and
2, Plan 40R-4307);
AND WHEREAS it is agreed that such easement may be con-
current with a similar easement for sanitary sewer purposes
granted in favour of the Regional Municipality of Durham;
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
attached hereto as Schedule "A", between
Jack Jacobsen Construction Limited and the
Corporation of the Town of Pickering res-
pecting a storm sewer easement across part
of Lot 1, Bostwick's Plan (Parts 1 and 2,
Plan 40R-4307) pertaining to Plan of
Subdivision M-1141.
BY-LAW read a first, second and third time and finally passed
this 8th day of August , 1978.
TOWN OF
PICKERING
APPROVED
AS TO FORD
1 LEGAL '[SEPT. I
??
Clerk
SCHEDULE "A" TO BY-LAW NUMBER 872/78
LAND TITLES ACT
JACK JACOBSEN CONSTRUCTION LIMITED, A Company
duly incorporated under the laws of the Province
of Ontario,
the registered owner of the land registered in the
Office of Land Titles at Whitby
as Parcel
in the register for the 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 it does TRANSFER to THE CORPORATION OF THE TOWN OF
PICKERING the free uninterrupted and unobstructed right and easement to
construct, operate and maintain such storm sewer or sewers together
with any and all appurtenances thereto as may be required from time
to time in, under and across land hereinafter particularly
described namely:
ALL AND SINGULAR that certain parcel or tract of land and premises
situate, lying and being in the Town of Pickering, (formerly Township
of Pickering) in the Regional Municipality of Durham, and being
composed of Parts of Lot 1, G and A, Bostwick's Subdivision Plan,
and more particularly described as Parts 1 and 2, on a Plan of
Reference registered at the Office of Land Titles at Whitby as
Number 40R-4307.
TOGETHER with the right of the transfw •c, its
successors and assigns and its and their servants, agents
and workmen with all necessary equipment, machinery and
vehicles to enter upon said lands at all times and
to pass and repass thereon for the purposes of constructing,
reconstructing, examining, repairing, renewing or replacing
(including replacement with storm sewer or sewers of
larger size or capacity) and maintaining the said sewer or
sewers or any part thereof whether or not any part to be so
constructed, repaired, renewed, replaced or maintained is
situate on the land above described.
TO HAVE AND TO HOLD the said easement in, under and
across the lands described herein unto the transferee, its
successors and assigns for its and their sole and only use
forever.
AND the transferor covenants that it will not erect
any building or structure, place or remove any fill on any part
of the lands herein.
AND the transferor hereby releases the transferee from
any and every claim which may or might arise out of the
exercise by the transferee of any of the rights granted by this
indenture or which may arise out of the existence or operation
of the said storm sewer or sewers and accept the consideration
above mentioned in full satisfaction of all such claims, provided
the transferee fills in all excavations and as far as is
practicable, restores the surface to the condition existing
prior to any entry thereon to exercise the rights thereby
granted.
AND the transferor covenants that it will execute
such further assurances of the said rights as may be required
by the transferee.
IT is agreed between the parties that this easement
hereby granted is concurrent with a sanitary sewer easement granted
in favour of the Regional Municipality of Durham, and the rights hereby
granted and the rights granted to the Regional Municipality of Durham,
for its purposes are concurrent and of equal effect and status
regardless of the order in which the documents creating those
rights are registered.
- 3 -
IT is understood and agreed by and between the
parties hereto that the burden of this indenture and of all
the covenants herein contained shall run with the lands
hereinbefore described and the benefit of this indenture
and of all the covenants herein contained shall run with all other
lands and interests in land owned, occupied or used by the
Transferee, its successors and assigns, for the purpose of
operating and maintaining the said sewer or sewers and that
this indenture shall be binding upon and enure to the benefit
of the parties hereto, their respective heirs, executors,
administrators, successors and assigns.
IN WITNESS WHEREOF the parties hereto have hereunto
set their hands and seals.
SIGNED, SEALED AND DELIVERED
in the presence of
JACK JACOBSEN CONSTRUCTION LIMITED
THE CORPORATION OF THE TOWN OF
PICKERING
c,
No 615
IN THE MATTER OF SUBSECTION 3 OF SECTION 5 OF
THE LAND SPECULATION TAX ACT, 1974
AFFIDAVIT
Gordon H. Hall
(print name)
of the Town of
Markham, in the Regional Municipality of York
(print address)
MAKE OATH AND SAY THAT:
1. I verily believe that the disposition of designated land evidenced in the
attached instrument or writing is exempt from the tax imposed by subsection
1 of section 2 of the above Act by virtue of the disposition being:
describe nature A disposition of designated lands to a municipality
of disposition
as provided for by section 4 clause i , subclause , of
the above Act.
2. ?4?k1i3tF??fa?1s§fiTi1{t13tY?CiXAf?rt?tKt?Gi4?§?pF$23K
delete thisi c?4xace arxiitCtlannCntexestctw2ki?19ss1gYX???aii4?Fic?tt}r§ De?ei?e19 425
paragraph if Xxl4arbgr24ptxkiaevx?fitatu9z4k2t 4?Me4VGgtg{1f95 c3 AfkS?tfiA ffar#FeY?Ya25te1?
inapplicable xasfxpaffiLtcrcMxxXffiecuDSdTiACgtXD§ItsfPicYrKSvMMYSrS9cXt§QD??f
xfesi g»eascidatxhtxas xus¢tscoe??rxCOx 1(dct'F7? %iti's{3g4ft+i?rKf4>'R74? trr13 ?k,'F?f2?
3. 1 am authorized in writing by the transferor making the disposition referred
to in paragraph 1 hereof to make this affidavit.
Since the acquisition of the interest of the transferor in the designated land
delete this that is referred to in paragraph 1 hereof and that is being disposed of to the
paragraph if transferee named in the attached instrument or writing, no disposition with
inapplicable respect to such designated land has occurred prior to the disposition to the
said transferee.
Sworn before me at the Town
of Markham
in the Regional Municipality
of York
this
day of 4 19 78-1
t I ? f
A Commissioner, etc,
Gordon H. Hall
MCHOLAS EDWARD GEHL_ a Ccen N,tpr?
etc., Pmvince of Ontado, 1w Cattenack a
Hmdson, Surlon A Hall, Berrisier%
Expires dune 27, 1 BBQ
Anended, Jnn. 1975
TIjennb 'Transfer Zttx Act, 1974
AFFIDAVIT OF VALUE OF THE CONSIDERATION
Identify
the ".fide.
u, the
aw?eyance
IN THE MAT'T'ER OF THE CONVEYANCE made
by; Jack Jacobsen Construction Limited
a
443
^'6' ?^ca c cn o
]ae 7
, n n
to: The Corporation of the Town of Pickering
on the... day of vu _ 19 78.
1,_ Gordon H. Hall
of the Town of Markham
inthe Regional Municipality of York
ulttke na111 anD sag T1jai :
Thla a ffida, it may 1. lam the Solicitor for the Transferor
............
+e mode h> the
onrrnnser or vend., named in the within (or annexed) conveyance.
,r h)' anyone
sting for them
„^. erur 2. I have a personal knowledge of the facts stated in this affidavit.
attorney or by an
.cent....... lied in
writing by the 3. (1) The total consideration for this transaction has been allocated as follows:
frv rcher.u odor
.1 b) the en, or of $ 2.00
either.,,h, em or by (a) Land, building, fixtures and goodwill
r o neraon
epprved ed by the
Mtni,terorRavenue (b) Chattels -items of tangible personal property (see note) $ nil
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) $ nil
(c) Securities transferred to the value of (Detail Below) $ nil
(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? n/a
5. If so, what is the relationship between Grantor and Grantee? n/a
6. Other remarks and explanations, if necessary Granted as. a, condition of a
Subdivision Agreement,
SWORN before me at the Town
of Markham, in the Regional
Municipality of York
(signature)
this IL'? day of } V 19 78. Gordon H. Hall
I ` .I NICHOLAS ECYARD GEHL, n commissioner,
etc., Piuvoce of Ontario, for Cattan?A
/'JIf.Cxl `,' y?11 Hindson on, Sutton 8 Hail, Barristers
-( F Tres June 27, 1 BB4
A Commissioner, etc.
NOTE TO PARAGRAPH 3(1) (b) : Chattels: Retail sales tax is payable on the valuation of items
shown in 3(1) (b) unless otherwise exempted under the provisions of The Retail Sales Tax Act,
R.S.O. 1970, c.415, as amended.
For the purpose of this affidavit insert above only the value of chattels, the total value of which in
the opinion of the deponent exceeds $100.00. This does not exonerate a purchaser from the pa' ment
of Retail Sales Tax on any tangible personal property as part of this transaction. When chattels are
purchased as part of this transaction with a value of less than $100.00, the applicable tax should be
paid by the purchaser to the Treasurer of Ontario and remitted to the Minister of Revenue.
All
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