HomeMy WebLinkAboutBy-law 4422/94 THE CORPORATION OF THE TOWN OF PICKERIN(3
BY-LAW NO, 4422/94
Being a by-law to authorize the execution of a Transfer of
Easement from The Corporation of the Town of Pickering
to The Regional Municipality of Durham over those parts
of Lot 18, Concession 2, Pickering designated as Parts 1
and 2, Plan 40R-15394.
WHEREAS, The Regional Municipality of Durham requires a sanitary sewer and watermain easement
over those parts of Lot 18, Concession 2, Pickering designated as Parts 1 and 2, Plan 40R-15394, which
lands are owned by The Corporation of the Town of Picketing; and
WHEREAS, pursuant to section 191 of the Municipal Act, R.S.O. 1990, Chap. M.45, the Council of the
Town may pass by-laws for disposing of interests in lands;
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 of Easement, in the form
attached hereto as Schedule A, from The Corporation of the Town of Picketing to The Regional
Municipality of Durham over those parts of Lot 1 g, Concession 2, Picketing designated as Parts 1
and 2, Plan 40R-15394.
BY-LAW read a first, second and third time and finally passed this 3rd day of May, 1994.
Wayne Artl~urs, Mayor
~uce Taylor, Clerk
TOWN OF'
PICKERING
APPROVED
AS TO FORM
LEGAL D E"~T.
o, Transfer/Deed of Land
Form -- Land Regletretlon Reform Act
(1) Regbtr~ [~ L~'~d TI~ ~ 2) Page 1 of 3 pages
(3) Pr~ Bilk Pro~y
(41 Co~at~
Two ....................................... 2.00
Dollsr~
(S) De~flpllon Th~s is a Pro~dy Pro~y
D~ws~on
Part of ~t 18, Concession 2, Geographic To. ship
of Pickering, now in the Tom of Pickering, in the
.~i~=~.,. Regional Municipali~ of Durham, desi~ated as
$~sC~Ule ~ Parts 1 and 2, Plan 40R-15394.
($) Thla (a) R~cription ~(b) Schedule for I (Il
D~menl New Ea~ment [ A~onal ~ Sim~e ·
Con.in, Plan/Sk,tch ~ ~ o~,v,,o. ~ Panies ~ ot~ ~ Samta~ wer & Waterma]n easement
(8) Tran~fero~=) The Iransteror hereby transfers the~and ~o the transfer~~~~~R~k
eagement
Na~(s) Signature(s)
.......... ~.~O~ON. OF ~ TO~ .OF PI~.R~G ................
~1994 ~04
Wayne ~thurs Bruce Taylor
.......................... not applicable ....
(10) ~ranlf~or(~)
>111) Transfereels) I The F.~pl~nade. pjckerin~. O.tario_ I-1V 6K7
IHE REGIONAL MUNICIPALI~ OF DURUM
! 1994
.................. Regio'nal 'Chair .............. CiW. 'tundy; 'Regional' Clerk' :,
I
(12) Transferee(s)Addre~* 605 Rossland Road East, Whitby, Ontario, LIN 6A3
for Se~'k:e
> h n nnn <
(13) Trer~efer~r~e)Thelransfer~rver~esthatt~hebes~f~h~transfer~r~skn~w~edgeandbehef~t slansferd~notcontravenesecto 50ofthePla gAct
Date of Signature Date of S.gnature
_O Name and I ¥ ,, M : D
~ Address of ~ ! j.. .
~ I E [ (14) Solicitor for Transferee(e) I have ,nvest,gated the title to th,s land and to abutt,ng land where relevant and I am sahsf,ed mat Ihe bile records
~: ~ ti reveal no contravenbon as set out in subclause 50 (22) (c) (.) of the Plann,ng Acl and that to the best el my knowledge and belief Ibis transfer
~l ~ ~ I does not conlravene s~;tion 50 of the Plann,ng Act r acl independently of the SOllc~or for the transferee(s) and I am an Ontano solicitor in good standing
~ _o= Sohc,tOr i :
(~5) A~es~me~ll Roil Number i Cf,/ i Mun , Map ~ Sub Par ~ Fe~$ end
of Property i : ! :: not available
)(16) Municipal Addre~ of Property ' (17) Pre,derail b~:
LegalDepartment,of Durham i [
Region _ __
605 Rossland Road E.
not available Whitby, LIN 6A3 RE-9-94 ~ll
o,"'°v'"G' Schedule
Form 5 -- Land Registration Reform Act, 1984
Page
('AddltlonM Proper'q Identifier(a) and/or OIhM' Infon,natlon
ADDmONAL COVENANTS
The transferor hereby grants, transfers and conveys unto the transferee the free, uninterrupted and
unobstructed right and easement to construct, operate and maintain such sanitary sewers and
watermains together with any and all appurtenances thereto as may be required from time to time
on, in, across, under and through the lands described in Box (5) hereof (the "Lands");
TOGETHER WITH the right of the transferee and its servants, agents, contractors and workmen
with all necessary materials, equipment, machinery and vehicles to enter upon the Lands at all times
and to pass and repass thereon for the purposes of installing, constructing, reconstructing,
examining, altering, maintaining, repairing, renewing or replacing the said sanitary sewers and
watermains or any part thereof whether or not any part to be so constructed, installed, repaired,
renewed, altered, replaced or maintained is situated on the Lands;
TO HAVE AND TO HOLD the said easement or right in the nature of an easement for the
transferee's sole use forever;
AND the transferor covenants with the transferee (i) to keep the Lands free and clear of any
buildings, structures or obstructions; (ii) not to deposit on or remove any fill from the Lands, and (iii)
not to do or suffer to be done any other thing which may or might injure or damage any of the
works of the transferee herein;
AND the transferor covenants with the transferee that it has the right to convey the said rights and
easement to the transferee, notwithstanding any act of the transferor;
AND the transferee shall have quiet possession of the said rights and easement, free from all
encumbrances;
AND the transferor covenants with the transferee that it will execute such further assurances of the
said rights and easement as may be required;
AND the transferor hereby releases to the transferee all claims upon the estate herein conveyed for
the rights hereby granted;
AND the transferee covenants and agrees with the transferor that it will fill in all excavations and, as
far as is practicable, restore the Lands to the condition existing prior to any entry thereon to
exercise the rights hereby granted;
IT IS UNDERSTOOD and agreed by and between the parties hereto that the burden of this
easement and of all the covenants herein contained shall run with the Lands and that this easement
and all the covenants herein contained shall be binding upon and enure to the benefit of the
transferor and the transferee and their respective heirs, executors, administrators, successors and
assigns.
y~z ,~ I~ O(~IVINO .JO AJ.N~03) SAVh~HOIH 019
The Town of Pickering I Drektor Realty Corporation
- 18T-87079
LEGAL SERVICES DEPARTMENT - Transfer of Easement