HomeMy WebLinkAboutBy-law 4394/94 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO, 439494
Being a by-law to authorize the execution ora Transfer of
Part Block 16, Plan 40M-1653, Picketing from The
Corporation of the Town of Picketing to Marlo
DeRocchis and Santina DeRocchis (Part 5, Plan 40R-
1530S)
WHEREAS, The Corporation of the Town of Picketing is the owner of Block 16, Plan 40M-1653,
Picketing, being a reserve adjacent to Fiddlers Court, Picketing, and no longer requires that part of the
block designated as Part 5, Plan 40R-15308; and
WHEREAS, pursuant to the provisions of subsection 191 (1) of the Municipal Act, R.S.O. 1990, chapter
M.45, the Council of The Corporation of the Town of Picketing may pass by-laws for disposing of lands
no longer required for its purpose;
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 Transfer, in the form attached hereto as
Schedule A, of that part of Block 16, Plan 40M-1653, Picketing, designated as Part 5, Plan 40R-
15308, from The Corporation of the Town of Picketing to Marlo DeRocchis and Santina
DeRocchis (LD 46/93).
BY-LAW read a first, second and third time and finally passed this 21st day of February, 1994.
Bruce Taylor, Clerk
TOWN OF
PICKERING
APPROVED
AS TO FORM
LEGAL DEPT
Transfer/ Land
Form I -- Land Registration Reform Act, 1984
(1) Registry [~ Land Titles L~ 21 Page I of pages
(3) Properly Block Property
Identifier(a) Adddlonal
4) Consideration
Dollars $
Diwsion ~] Consolidabon []
Parcel
Section Plan 40M-1653, being
New Proper%,ldentifiers Part Block 16, Plan 40M-1653, designated
A~,t,o~a~ as Part 5, Plan 40R-1530B.
Town of Pickaring,
A00,,,on.I Regional Municipality of Durham
Contains Plan/Sketch [] Description [] Parties [~ Other El
T~E CORPORATION OF THE : :
............................................. ~Y~e '-' '"' '---,' '-'- '---Art~urs Mayor ............ : ......i: ......
TOWN OF PICKERITNG :
.............................................. ~6~ '~yi6~,' '~i~-~k ............. : ......... :"'
>(9) Spouse(s) ; " <
(10) Transferor(s) Address
forService One The Esplanade, Pickering Civic Centre, Pickering, Ontario LiV 6K7
(12) T~a~steCe~{s) Address
for Service
> (13) Transferor(s) The transferor verifies that to the best of the transferor's knowledge and behef. Ihls transfer does not contravene sechon 49 of lhe
Planmng Act. 1983 Date of Signature Date of Signature
Y M D Y M D
Solicitor for Transferor(s) I have explained the effect of section 49 of the Planning Act. 1983 to the transferor and I have made inquiries of the transferor
Signature ......................... : ...... I, , . ; , , , : Slgnalure ........................ : ....... , .......
~ to determine that this transfer does not contravene that section and based on the reformation supplied by the transferor, to the best of my knowledge
Z~ and behef, this transfer does not contravene that section I am an Ontario solicrtor ~n good standing Date of Signature
~ Nameand ¥ , M
O Solicitor
~: ~ ~- 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 belief th~s
~1-~ ~1 trans er does no contravene sec on 49 of he Planning Ac 1983 I act independentlv of the solicitor for the transferor(s) and I am an Ontario
e I~1 solicitor ,n good stand,rig. '
I
~- I-~8 = I Name and Date of S,gnature
~ ~ Address Of ¥ M
~ Signature ......................... : ...... i .......
(15) A~e~sment Roll Number iCty
cf Property : ; ; : ' Fee
~(16) Municipal Address of Property (17) Document Prepared by:
C.M. TinDthy Sheffield - -I'~11Land~ransfer'rax
Town Solicitor
Town of Pickering
Once The Esplanade
Picketing, Ontario L1V 6K7
Form 5 -- Lend Regl~tmtlo. Reform Act, 1~4
Page
~ Additional Prop~Hy Identlfler(~) and/or Other Information ·
(7) INTEREST/ESTATE TRANSFERRED
Subject to thc following terms and conditions, the free, uninterrupted and unobstructed right
and easement to lay, construct, operate, maintain, inspect, alter, repair, replace, reconstruct and
remove storm drainage works together with appurtenances thereto {herein called the "works")
in, over, along, across, upon and under the land described in Box $ (herein called the "lands"),
together with the right to the Transferee, its servants, agents and contractors with all necessary
vehicles, supplies and equipment to enter onto the lands and pass and repass over the lands for
the purpose of exercising or enjoying any of the rights granted herein.
The terms and conditions which the parties hereto covenant and agree to observe and be bound
by are as follows:
1. The Transferee shall, except in case of emergency, before commencing any work
authorized hereby, give to the Transferor forty-eight hours previous written notice
thereof, and in cases of emergency such previous notice thereof as is reasonably possible.
2. Upon completion of any work, the Transferee shall lrdl in all excavations, restore fences,
and restore the surface of the ground by restoring all topsoil and grass cover disturbed
thereby, and do necessary grading to ensure soil and slop~ stability, and remove all
equipment.
3. The Transferor shall not erect any building or struclure (except a fence) on the lands, and
shall not place or remove any fill on or from any part of the lands without the previous
written consent of the Transferee.
4. The right and easement granted herein shall be subject to all leases, licences, and any
rights of use or occupation existing at the date hereof, and the Transferor may from time
to time renew or extend these or make new ones, so long as they do not interfere
unreasonably with the right and easement herein granted.
5. 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 thc existence, operation or non-operation of the storm drainage works provided the
Transferee has complied with all of the terms and conditions herein.
6. The Transferor shall execute such further assurances of the right and easement granted
hereby as the Transferee may reasonably request in writing.
7. The burden of this Transfer and of all the terms and conditions contained herein shall run
with the lands.
8. This Transfer and all of the terms and conditions contained herein shall enure to the
benefit of and be binding upon the Transferor and the Transferee and their respective
heirs, executors, administrators, successors and assigns.
LAND BENEF1TFED (DOMINANT TENEMENT)
9. The benefit of this Transfer and all of the terms and conditions contained herein shall run
with all other lands and interests in lands owned, occupied or used by the Transferee for
the purpose of operating and maintaining storm drainage works.
~0176 {12/84)
D~iVE~ t CANA~AN
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The Town of Pickering I Fiddlers Court
LEGAL SERVICES DEPARTMENTI ?~304.256