HomeMy WebLinkAboutBy-law 5459/99THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 5459/99
Being a by-law to authorize the execution of a Transfer of
Easement from The Corporation of the Town of Pickering
to 563259 Ontario Limited over that part of Lot 17, Plan
43, Pickering, designated as Parts 3 and 4, Plan 40R-
18850.
WHEREAS, pursuant to the provisions of section 191 of the Municipal Act, R.S.O. 1990, Chap. M.45,
the Council of The Corporation of the Town of Pickering may pass by-laws for disposing of interests in
lands owned by it;
WHEREAS, The Corporation of the Town of Pickering wishes to transfer an easement over that part of
Lot 17, Plan 43, Picketing, designated as Part 3 and 4, Plan 40R-18850 to the abutting owner of that Part
of Lots 16 and 17, Plan 43, Pickering, designated as Part 6, Plan 40R-18850 for the purpose of sharing
the water from the drilled well located thereon;
WHEREAS, The Corporation of the Town of Pickering is willing to grant an easement over that Part of
Lot 17, Plan 43, Pickering, designated as Parts 3 and 4, Plan 40R-18850, Picketing subject to certain
terms and conditions; and
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 Easement from The
Corporation of the Town of Picketing to 563259 Ontario Limited over that part of Lot 17, Plan
43, Picketing, designated as Parts 3 and 4, Plan 40R-18850 for the purpose of sharing and
maintaining water services which transfer shall be subject to the terms and conditions, more
particularly set out Schedule A attached hereto.
BY-LAW read a first, second and third time and finally passed this 1 st day of March, 1999.
RE9620 & ILE9619
Schedule A
INTEREST/ESTATE TRANSFERRED
Subject to the following terms and conditions, the Transferor hereby transfers to the Transferee, its successors
and assigns, the free, uninterrupted and unobstructed right and easement to use the existing drilled well for the
supply of water under the lands described in Box 5, together with the right to enter onto the lands and pass and
repass over the lands for the purpose of exercising 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:
The Transferor and Transferee, their successors and assigns, shall have a right to draw water from the
well with each party to bear the expense of any equipment, plumbing, pipes or pumps installed by such
party. All maintenance, repair or replacement costs to such equipment, plumbing, pipes or pumps would
be at the expense of the party that installed same.
The cost of the necessary maintenance and repairs to the well itself shall be borne equally by the parties
from time to time and the parties agree to do all reasonably necessary maintenance and repairs.
Neither party shall interfere with the other party's right to the use of the well and a continuing supply of
water from the well.
The parties shall have a right of access to the well for the purposes of enabling each party to enjoy the
supply of water as herein provided and such right of access shall include a right of entrance by a party on
the other property if reasonably necessary and incidental to obtaining a supply of water.
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.
Upon completion of any work, the Transferee shall fill 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 slope stability, and remove all equipment.
The Transferor shall not erect any building or structure 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.
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.
The Transferor shall execute such further assurances of the right and easement granted hereby as the
Transferee may reasonably request in writing.
10.
The burden of this Transfer and of all the terms and conditions contained herein shall run with the lands,
until such time as local water services are provided.
11.
This Transfer and all of the terms and conditions contained herein shall ensure to the benefit of and be
binding upon the Transferor and the Transferee and their respective heirs, executors, administrators,
successors and assigns.
LAND BENEFITED (DOMINANT TENEMENT)
12. 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, namely that Part of Lots 16 and
17, Plan 43, Picketing, designated as Part 6, Plan 40R-18850.
18/9619/9621