HomeMy WebLinkAboutBy-law 3885/91THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3885/91
Being a by-law to authorize the execution of a Transfer
of storm sewer easement from John Boddy Developments
Ltd. to The Corporation of the Town of Pickering over
Part Lots 1 and 2, Plan 40M-1652, Pickering (Parts 1
and 2, Plan 40R-13446).
WHEREAS The Corporation of the Town of Picketing requires storm sewer easements over Part Lots 1
and 2, Plan 40M-1652, Pickering, for the purpose of draining storm water through Plan 40M-1652,
Pickering, 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 Picketing may pass by-laws for acquiring interests in
lands;
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 Transfer of storm sewer easement, in
the form attached hereto as Schedule A, from John Boddy Developments Ltd. to The
Corporation of the Town of Picketing over those parts of Lots 1 and 2, Plan 40M-1652,
Picketing, designated as Parts 1 and 2, Plan 40R-13446.
BY-LAW read a first, second and third time and f'mally passed thisl. 8 th day of November, 1991.
Bruce Taylor, ~lerk
AS 'fO
New Prope~b/ Identifiers
Exee~tlen~
Additional;
See
Schedule []
I IClll~IICllkt'~'CU 1,71 L-tlIIU
SCHEDULE A
Fo~ 1 -- Lend Reglslmtlen Reform Act, 1~4
La~td Tltle~ t) Pege 1 of _~',2,./
~ages
~3) Propm'ty Block Property
Id~ntl~er(s)
(4) ~etk)n
Ten .................... OD.are $10.00
(5) Delcdptlofl This is a: Property Property
Division [] Consolidation
Firstly: Part Parcel 1-1, Section 40M-1652,
Town of Pickering, Regional Municipality of Durham,
Being Part Lot 1, Plan 40H-1652 more particularly
described as Part 2 on Reference Plan 40R-13446;
Part Parcel 2-1, Section 40H-1652,
ickering, Regional Municipality of Durham,
Being Part Lot 2, Plan 40H-1652, ~re particularly
described as Part 1 on Reference Plan No. 40R-13446.
(6) Thll (a) Rede~cription (b) Schedule for: (7) Inlem~L/Ellate Tmmferred
D~ N~ Ea~nt A~ional F~ Simp~
~m P~ketch ~ ~ ~ri~ion ~ Pa.i. ~ ~r ~ Easement
(8) Trens~ero~l) The trans~ror hereby tre~fem the land to t~ transfer~ ~
.............................................. Erica.~..Erlach ................ ~ ...... ~ .....
(c/s) Co~t roller ~
'19) S~u~) of Tmnl~ro~s) I ~y con~nt 1o this tran~ion Date of Signature
Name(s) Signature(s) Y M D
:10) Transferor(i) Adclre~
forS~ 20 Bamburgh Circle, Suite 100, Scarborough, Ontario, M1W 3Y5
(11) Transferee{a) Date of Bi~lh
Y M
Uayr, e Arthurs, Mayor ''' :; ...... ?'' ~'''
Bruce Taylor, Clerk 'i' ' :'''
12) Tran~ef'ee~s) Addre#
forSaf'vtce 1710 Kingston Road, Pickering, Ontario, L1V 1C7
<
(13) Trllnlfero~l) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene sechon 49 of me
Planning Act, 1~. Date of Signature Date of S~gnature
O Y M D
Signaure ......................... ~ ...... L.. ~... Signature ........................... ~ ...... ~... ~
~ J (14) ~ ~ Tm~) I ha~ investigat~ t~ title to this land and to abuffing lend...w~m~ ~ relevant and I am ~tisf~ t~t the t~tle r~ords
~l A~r~ of Y . M D
~I [ Signature .......................... ~ ...... ; .... . · -,
Box 25, Co~erce Court ~est
Toronto, ~tario -
173 {12/84)
Fo~I $ -- Land Registration Reform Act, 19~4
I~ro~erty I~tentlfler(a) amt/or Other Information
INTEREST/ESTATE TRANSFERRED
The Transferor hereby transfers to the Transferee the
free, uninterrUpted and unobstrUcted right and
easement to constrUct, operate and maintain such storm
drainage works, together with any appurtenances
thereto as may be required from time to time in, under
and across the lands herein described, together with a
right of the Transferee, its successors and assigns
and its and their servants, agents and workmen, with
all necessary equipment, machinery and vehicles to
enter upon the lands at all times and to pass and
repass thereon for replacing (including replacement
with storm drainage works of larger size and capacity)
and maintaining the storm drainage works or any part
thereof or appurtenances thereto to be constructed,
reconstructed, examined, repaired, renewed, replaced
or maintained situate on the lands.
The Transferor covenants that it shall not erect any
building or structure nor place or remove any fill on
or from any part of the lands without the express
written consent of the Transferee.
The Transferor hereby releases the Transferee from any
claim which may arise out of the exercise by the
Transferee of the right and easement granted hereby,
or which may arise out of the existence or operation
of the storm drainage works, 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 right hereby
granted.
The Transferor covenants that it shall execute such
further ~ssurances of the right and easement granted
hereby as may be required by the Transferee.
The burden of this Transfer and of all the covenants
contained herein shall run with the lands herein
described.
This Transfer shall be binding upon and shall enure to
the benefit of the parties hereto and their respective
successors and assigns.
LAND BENEFITED (DOMINANT TENEMENT)
The benefit of this Transfer and all of the covenants
contained herein 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 storm drainage works.
0147w/37
Affidavit of Residence and of Value of the Consideration
Pnrt I rite 1 nnd ?, Plan d.01~.l 6~i?, Pi~kerin~ (Part~ J_ and 2, Plan
Inhn Rnddy I'~veln,nmenrs I
C_M_. Ti_mothy Sheffield
MAKE OATH AND SAY THAT:
T~,, Co~or,_t,_'on ,,f the To~ of P~ckering
None
4 THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS:
(a) Monies pa~d or to be pa~d ~n cash $
(g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO
LAND TRANSFER TAX (Totalof(a) to [f]) $
10f~)
Nil
Nil
Nil
Nil
Nil
Nil
$ 10.00
Nil
Nil
101~
No relationship between transferor andxzansferee
~er of storm sewer easement pursuant to ~uhdivi~ioQ._Agmement reqnirement~
Sworn before me at the Town of Pickering
~o th, Regional Municipality of Durham
this 15th day ot October ~9
91
C.M. Timothy S~effield
Property Information Record
Describe nature of instrument Transfer/Deed of Land
(i) Address of property being conveyed (ffavaflabte) ~a
(ii) Assessment Roil No (ifavaaat)te) [~a
Mailing address(esl for future Notices of Assessment under the Assessment Act for property being conveyed (see instruction
One The Esplanad~PJ. ckering, Ontario LIV 6K7
(ii) Legal description of property conveyed Same as in Oil) above Yes []
C.M. Timothy Sheffield. Town Solicitor
Town of Picl~ering, One ThLE~planad¢
Picketing. Ontario. LIV 6K7
NO [] NOt k~own []
For Land Registry Office use only
REGISTRATION NO
Land Registry Office No
Registration Date
SUBJECT
PROPERTY
of Pickering PLANNING
De~,io~Jo. PART LOTS 25 8~ 26, CONC. 2
JOHN BODDY DEV. I o.to NOV. 5/87
~. A64/87~ 18T-87071' I s~,,~,, I' 7500
DEPARTMENT
IDrawn By S. 8
Checked 8y
The Town of Pickering
LEGAL SERVICES DEPARTMENT
John Boddy Developments Ltd.
Plan 40N-1652
- Transfer of Storm Sewer Easements
PART OFLOTS 2_5 AND 26 Ct~CESSION
TOWN OF 'PICKERING
REGIONAL MUNICIPALITY OF DURHAM
, ( FORMERLY TOWNSHIP OF PICKERING, COUNTY OF ONTARIO )
~1 SCALE hlO00
/ Marshell Macklin Monaghon
/' Ontario Limited
~ .....~/
The To~n o~ Picketing