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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