HomeMy WebLinkAboutBy-law 3886/91THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NQ. 3886/9
Being a by-law to authorize the execution of Transfers of
storm sewer easement from Bramalea Limited to The
Corporation of the Town of Pickering over those parts of
Lot 29, Concession 1, Picketing, designated as Part 1,
Plan 40R-13614 attd Parts 1 and 2, Plan 40R-13617.
(Amberlea Shopping Centre)
WHEREAS The Corporation of the Town of Pickering requires storm sewer easements over Part Lot
29, Concession 1, Picketing for the purpose of draining storm water through the Amberlea Shopping
Centre project, 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 Picketing 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 Bramalea Limited to The Corporation of the
Town of Picketing over that part of Lot 1, Concession 1, Picketing, designated as Part 1, Plan
40R-13614.
The Mayor and Clerk are hereby authorized to execute a Transfer of storm sewer easement, in
the form attached hereto as Schedule B, from Bramalea Limited to The Corporation of the
Town of Pickering over those paxts of Lot 29, Concession 1, Pickering, designated as Parts 1
and 2, Plan 40R-13617.
BY-LAW read a first, second and third time and finally passed this 18th day of November, 1991.
Wa~ Arth~rs, Mayor
TOWN OF
PICKERING
:APPROVED
AS TO
LL-C,&L
New Property Idenlifiers
Fo~ 1 -- L~d R~ltm~ Refo~ Act 1~
~1) aegisl~ ~ ~nd TIUe, ~ T(2) 1 Of ~ pages
Identifier(i)
Executions
Additional:
See
Schedule []
(4) Consideration
T~o ............................ Dollars $ 2.00
(5) Description This is a: Property Property
Division [] Consolidation []
Part of Parcel Plan 221-1-&, Section PickerioE,
bein8 part of Lot 29, Concession 1, ~ore
particularly described as Part 1, Plan 40E-13614,
in the Toys of Pickering, in the Regional
Hunicipality of Durham.
This ][li~[~i~[[~l~ i (bi Schedule for: (7) Inlere~VEilate Transferred
Document New Ea~me~t A~itional
Con~Ina ~ ~ De.riptiDe ~ Padies ~, ~r ~ ~ase~nt
Trens~ro~s) The transferor hereby transfers the land to t~ transfer~ -- - xx~
Date of Signature
Name(s) Signature(s)
S~us~s) of Translero~s) I ~r~y con~nt to this tran~ction Dale of Signature
Na~(s) Sig~tum(s) Y M O
(10) Transferor(s) Address
for Se~ice 1867 Yoage S:reet~ Toro~tos ~ta~lo ~S 1~5
<
Transferee(s) Y M O
· l'~t~ CORPORATION OF ~ TOWN OF PICKgRING [ 1991:10
: 1991 : :
' : 10:18
(12) Transferee(e) Address
for Service Pickering Civic Centre, One The Esplanade, Pickering, Ontario LI¥ 6117
~ (13) Transferorfs) The transferor verifies that to the best of the Iransferor's knowledge and belief, this transfer does nol conlravene seclion 49 of Ihs
Ptannlng Ac1. 19153 Dale of Signature Date o! Signalure
] Solicitor for Transferor(I) I have explained the effect of section 49 of the Planning Act, 1963 In the transferor and I have made inquiries of the transferor
~ I to determine thai this transfer does not contravene that section and based on the information supplied by the transferor, to the best of my knowledge
Z I end belief, this transfer does sol contravene that sechon. I am an Ontario solicitor in good slandmg. Date of Signature
Om , Y , M O
- I Name and , ;
0 [ SolicitGr v ~ ............................................
~ } ~ [ t141 Solicitor for Translereelsl 1 have investigated the title In this land and to abutting land where relevant and t am setished that the title records
'~ [ ~>.[ ' ' reveal no contravenlion'a~ set Out in subclause 49 (21a) (c) (il) of Ihs Planning Acl, 1g~3 and that to the besl of my knowledge and belief th~s
: ~l Address of
(15) Assessment Roll Numbe;
of Properly :
06i Municipal Address o! Properly :
NOT ASSIGNED
Mun.; Map Sub Par
: NOT ASSIGNED
(17) Do~umefll Prepared by:
BORDEN & ELLIOTT
SCOTIA PLAZA
40 KING STREET WEST
TORONTO, ONTARIO
M5H 3Y4
ATTENTION: Doris L. Baughan
...nd T.
~ I negistr.lio~ Fee
Land Transfer Tsx ~
Total :
O,onterioPr°vince Schedule
Form 5 -- Land Regl.tration Reform Acl, 1984
Page
2of 3
~Addltlona~ Property Identifier(a) and/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 here-
by, 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 practi-
cable 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 assurances 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 tn land owned, occupied or used by the
Transferee, its successors and assigns for the purpose of operating and main-
taining storm drainage works.
^,......,g., Affidavit of Residence and of Value of the Consideration
Form 1 - Land Transfer Tax Act
Refer to a/I instructions on reverse side,
IN THE MATTgR OF TH.[,C(gNVEyANCiE
Bart Lot 29~ Uoncesslonl, rlcKerml~ (tart 1, l'lan 4DR-13b14)
Brmnalea Lnmted
The Corporatmn of ~e ~own of Pmkermg
C.M. '~'V~othy §~effield
MAKE OATH AND SAY THAT:
[] (b) A trustee named in the above,described conveyance to whom the land is being conveyed;
[] (d,~he a~thorized a~Jent or o icit acting in t i~ t ans~.ction for (Insert oarn~fa) ofprlnclpM~$))
de~ribed in par~raph~ ~ ~, (c) above;
~ (e) The President, Vice President, Manager, Secretary, Director. or Treasurerauthoriz~ ~oact for (In~
__ described in paragraph(s) fa), (b). (c) above; fstrlke out ~elerences to inappliCabl@ paragraphs)
None
4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS~ 00
fa) Monies paid or to be paid in cash $ '
(b) Mortgages ( i) Assurned (show prlnclpal and inl~rest to be credited against purchase prlce) ...... $.Nil
{ii) Given back to vendor ............................ $ Nil
(c) Propertv transferred ir) exchange (data#below) ......................... $
(d) Securities transferred to the value of (detail below) ..................... $ Nit
(e) Liens, legacies, annuities and maintenance charges to which transfer is subject
LAND TRANSFER TAX 4Total of (a} to
fi) TOTAL CONSIDERATION .............................................. $
No relatlon~hip ~ed~wee~cl tr',m,qfere_e ....
Tran~fer~ff_st~n~ .~e~zea:~asm~ent pumuant to Development Agreement requimment.~.
$ Nil
Sworn before me at the Town of Pickering
~n ~he Regional Municipality of Durham
this 18th day et October 19
A Commissioner for taking Atfidavits, etc
91
C.M. Timothy
Property Information Record
Transfer/Deed of Land
(i) Address of property being conveyed fit~v~ltat~t~) IllR
{ii) Assessment Roll No (ttava#able)
Ma Ing add ess(es) for fu ure No cee of Assessment under he Assessment Act for property being
conveyed see instruction 7) --. One TLI:t~, Piclcering, Ontario L1V 6K7
C.M. Timothy Sheffield, Town Solicitor
Town of Picketing, One The Esplanade
Picketing, Ontario, LIV 6K7
For Land Registry Office Use Only
Registration Pale
n/a
Not known ~
School Tax Support (Voluntary Election) See reverse for explanation
(a) Are all individual Iransterees Roman Calhohc ? Yes [] NO []
(b) I[ Yes. do ail md~wrlual translerees w~sh Io be Roman Calhohc Separale School Supporters ? Yes [] No []
(c) Do all iflchw(¢ua} Iranslerees have Ftc.ch Ianguage Educallon R~ghls ? Yes[~} No L~
New Properly Identifiers
I liilli]l~'lll./~'GU VI I. iill~,l
Fon~ I -- L~nd R~glstrellofl Reform Act 1~4
(1) Reglltry ~ Land Titles [] T(2) Page 1 of _.~
(3) Properly Block Pro~yl'
Ideollfle~(e)
(4) Coneldemtlon
pages
'r~o ............................ o~sre $ 2.00
(5) De~rlptlon This is s: Propady Probady
Division [] ConselidslionJ-~
Part of Parcel 221ol-4, Section Pickerin&,
being part of Lot 29, Concession 1, more
particularly described as Parts 1 and 2,
Plan 40R-13617, in the Torn of Pickeriug,
in the Regional Nunicipality of Durham.
Executions
Additional:
See
Schedule []
(6) This X][l[g[~J[~ i(b) Schedule for:
Doc~me~l-- New Easement
In#mll/EilMe TreMfe~ed
(7)
: Additional
Cofllalr~ ~ [] i Description [] Parties [] Other [] ]Easement
Data of Signature
Name(s) Signature(s)
'(9) Spouse{I) of Trensle~or(s) I hereby consent ID this iran_section Date
Name(s) Signature(s) Y
ot Signature
(10) Transferor(s) Address
for Service
>(11) Transferee(s)
1867 Yonge Street, Toronto, Ontario N&S IY5
Date of Birth
M D
Wayne s, Mayor . ': :
~ ~ !1991 ilO ;18
............................................. .............. it'"""
(12) Transferee(s) Address
torSarvice Pickering Civic Centre, One The Eslanade, Picketing, Ontario LIV 6K7
> (13) Transferor(a) The transteror verifies that to the best o! the Irensferor's knowledge and belief, Ihis transfer does nol contravene section 49 of the
Planning Act, 1983. Data ot SignaIure Date ot Signatore
Y , M D , Y , M D
I Solicitor Ior Transferor(I) I have explained the effect of section 49 of the Planning Act. 1983 to the transferor and I have made Inquines of the transferor
~! to determine that this transfer does not contravene that section and based on the information auppth~d by the transistor, to the best o( my know~edge
Z ] end belief, this transler does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature
Oi Name and [ Y i M i D
~' ~ Address of qi" .t.... } ;
O [ Solicit(X ~ un ................................................
reveal no contravention as set out in subclause 49 (21a (c (ii of the Planning Act, 1983 and that to the best of my knowledge and behe th~s
se,c,tor ,n goo stanO ng
1~ ~l Address of Y . M
I~:~[ So,,c,tor i !
I ~ I . Signature .......................... " ...... : ....i...
(15) Assessment Roll Number of Property
>(15) Municipal Address of Property
NOT ASSIGI~D
Sub : Per
[ NOT ASSICNED
(17) Document Prepared ~:
BORDEN & ELLIOT[
SCOTIA PLAZA
40 KING STREET WEST
TORONTO. ONTARIO
M5H 3Y4
ATrENTION: D.L. Baughan (Jr)
Land Trenster Tax
of Pr°vince Schedule S
Form 5 -- Land Reglslrall°~ Reform Act, 1984
Page
2of 3
~Addltlonal Property Idenllfler(a) end/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 ]ands 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 here-
by, 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 practi-
cable 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 assurances 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.
6. This Transfer shall be binding upon and shall enure to
parties hereto and their respective successors and assigns.
the benefit of the
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 main-
taining storm drainage works.
DyE & DURHA~ CO INC. Form NO. 500
.^m..,.d,,gt Affidavit of Residence and of Value of tho Consideration
' Form I - Land Transfer Tax Act
Refer to' all instructions on reverse side.
'IN THE r~ATT~R OF TH.~. CONVEyANC, E ~.[' On$o~brlefd~+~crlp#ollo~lar~d)
yart Lot 29, COllCeSslonI, .VlcKern'lg (~'~'t$ ! allQ z., Flail q-Ul~-l~Ol I)
~rmnalea J~lm~te{~
T[~e ~orporat,_on o~e Town of P,ckermg
- C.M. ~othy §~effield
MAKE OATH ANO SAY THAT:
[] (at A person in trust for whom the land conveyed in the above-described conveyance is being conveyed;
[] (bt A trustee nar'ned in the above-described conveyance to whom the land is being conveyed;
[] (ct A transferee named in the above described conveyance;
[] (cjJc.~he ~l~thorized agent or.$oJicitp, qacting in~t~$ t~ans~ction for (Inse~t name(s)ofpclnclpa¥*J))
t ne corporation otthe ]own or ~'lCKermg
de$cribed in paragraph~. ~1~, '~, {ct above; tstrl~e ~uf retem~ce$ Ia ~nappiicabte paragraphs)
[] (et The President, Vice President, Manager, Secretary, Director, or Treasurer authorized to act for Onset1 noires) of ccrporetlon($)t
described in paragraph(s) (at, (bt, (ct above; (strike out references to inap~#cableparagraphs)
[] (f) A transferee described in paragraph( ) fi~sert o~iy one of paragraph fa), lb) ~' (ct above, as applicable) and am mak lng this affidavit on my own behalf and on
THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS~ 00
(al Ma~ies paid or to be paid in cash ........................ $ '
(bt Mortgages (1)Assumed (show prtnclpet anci inierest to be credtted against purchase price) .......
(ii) Given back to vendor .............................. $
(ct Property transferred ir) exchange (detaitbelow) ....................... $ Nil
fO) Securlties transferred to thevalue of (detatlbelow) ...................... $
(el Liens, legacies, annuities and mainteaance charges to which transfer is subiect .......
(t) Other valuable consideration subject to land transfer tax (data#below) ........... $
(g) VALLIE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO
LAND TRANSFER TAX (Totalof (al to (f)] ....................... $ 2.00 $
(h)VALUE OF ALL CHATTELS items of tangible personal property
(it Other consideration for transaction not included in (g) or (h} above ......................... $ Nil
fi) TOTAL CONS[OEBATION .............................................
~]SklJe, lafionship bet w~ellXrans fer~e.
~Irazksfe, r~f slorllLSe-2~er2ggaement4ZttrSKaDti~Development A~reement reqnimmenLS.~____
Sworn before me at the Town of Picketing
in the Regional Municipality of Durham
this 18th claver October ~9 91
A Commissioner for taking Affidavits, etc
Property information Record
A. OescriDe nature of instroment Transfer/Deed of Land
(ii) Assessment Roll No. Otaveilat~le)
C Mailing address(es) for future Notices of Assessment under the Assessment Act for property being
conveyed (see instruction 7)_ _One The_Esg[a~de, Picketing, Ontario LIV 6K7
C.M. Timothy
Fo~ Land Registqt Office Use Ooly
RagiSlration No.
D. {it Registration number for [asf conveyance of property being conveyed (#avallabte) n/a I
(ii) Legal description of property conveyed: Same as in D.(i) above, Yes [] No [] Not known ~
E Name(s) and address(es) of each transteree's solicitor
C.M. Timothy Sheffield, Town Solicitor
Town el Y~ckermg~ One ~lhe Esplanade
Picketing, Ontario, L1V 6K7
School Tax Suppo~ (Voluntary Election) ~e reverse t~ explanation
(a) Afc all mdrvldua~ Iranslerees Roman Calhohc ? Yes ~ No ~
(b) If Yes do all mdiwdual ~ranslorees w~sh to be Roman Ca[hohc Separate ~hool Suppoders ? Yes~ NO ~
(c) DO all pnchvrdual transferees havo French Language Educahon R~ghls ? Yes~ NO ~
(d) If Yes, do al~ individual transfer~s w~sh to suppod the French Language ~h~l ~rd (where esla~ished)? Yes ~ No ~
SUBJECT PR {T
i~l IIIIII111111
C. N.
SHERPARD AVE.
::~ J ]_ ~
Town of Pickering
PLANNING DEPARTMEN
Properly D~scrlplkxl
PART LOT 29, CON I.
Application No. Applicant
Sl2/84 BRAMALEA LT
Date Scale
OCT. II, 1984 I, 7 500
Drawn By
G.D.
Checked By
I
The Town of Picketing
I
LEGAL SERVICES DEPARTMENT
I
Bramalea
Storm Sewer Easements