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Home My WebLink AboutBy-law 4213/93 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 4213/93 Being a by-law to authorize the execution of a Transfer of storm sewer easement from Stanley Max Deans and Gwendoline Mary Deans to The Corporation of the Town of Pickering over that part of Lot 1, Plan 40M-1427, Pickering designated as Part 1, Plan 40R-14553. WHEREAS The Corporation of the Town of Picketing requires a storm sewer easement over that part of Lot 1, Plan 40M-1427, Picketing, designated as Part 1, Plan 40R-14553, for the purpose of draining storm water through Plan 40M-1427, Picketing, and 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 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: 1. The Mayor and Clerk axe hereby authorized to execute a Transfer of storm sewer easement, in the form attached hereto as Schedule A, from Stanley Max Deans and Owendoline Mary Deans to The Corporation of the Town of Pickering over that part of Lot 1, Plan 40M-1427, Picketing, designated as Part 1, Plan 40R-14553. BY-LAW read a f~rst, second and third time and finally passed this 3rd day of May, 1993. Wayne Artb~s, Mayor Brace Taylor~lerk RTC372 TOWN OF PtCKERtNG APPROVED AS TO FORM _ LEGAL DEPT. prov, . Transfer/Deed of Land A ~ Form I -- Land Regl~tratlo~ Reform Act, 19~4 (1) ;legl~try [~ L~ndTItlee ~ 2) Page1 ot 3 pages ('~)/~tlflePr~n'Yr(s) Block Property (4) Conllde~ollon Nil Do,ars $ Nil (5) DasoHp#on This is a: Property Property Division [] Consofidatiort Part Parcel ]-I, Section 40M-[427 bain; Part of Lot ], Plan 40M-! 497 designated Identifiers as Part 15, on 40R-14553 Town of Pickering Additional: Regional Municipality of Durham (~) Thle (a) Redescription (b) Schedule for~ (?) InferasVEstafe Trim,ferrari OoctJmen! New Easement ' Additional Fee Simple Contains Plan/Sketch [~ ; Oescriotion [] Pa~es [] Other~-'] Easement ; (0) Transferor(s) The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years old and that · '~e. arc.spouses of 0~1¢ andther. ' ' date of Signature Name(s) Signature(s) DEANS Stanley Max · DEANS, Gwcndoli~e.Ma.nj ................................................................ ;... 9) Spouse, s) of Transferor(s) I her~Oy consent to this transection Date of Signature Name(s) Signature(s) Y M D : (10) Transfe¢or(s) Addre~ for Sennoe 4881 Brock Road, Clarernont, Ontario LOll lEO r'(11) Transferee(s) Da:{ of Birth THE CORPORATION OF THE TOWN .19.9,3 .;.04 J .13 OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk ," ,' 112) Trensfm'ee(s) Address Pickering Civic Centre, One Thc Esplanade, Pickcring, Ontario LIV 6K) ' Ior Service (13) Transferor(s) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 49 of the Planning Act, 1983. Date of Signature Date of Signature Signature .........................ii ...... :... ~... ] Signature ........................... ; ...... I....' .... [ Solicitor for Transferor{s) ~ have explained the effect of section 49 of the Planning Act, 1983 to the transferor and I have made inquiries of the transferor ,~ to determine that this transfer does not contravene that section and based on the information supphed by the transferor, to the best of my knowledge Z[ and belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature ~ I Address of ~. - 0 ~ Solicits' ~lgnature ........................... ~ ...... : ......... < [~.~,[ 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 this ¢°~ _~--,, transfer. . does. not contravene section 49 of the Planning Act 1983. I act independently of the solicitor for the transferor(s) and l am an Ontario '~ t~l sohcltor In good stand,ng. ~-1~,~1 N~e end Date o, S~.ature ix B ~l Addrees of Y , M O I~;z I Solicitor ] ~ ] Signature .......................... , ...... ' .... i... I I (15) Aese~mer~lRollNumber i Cry. iMun[ Map i Sub Par. III FeesandTax otP,o,,.,~, i ' i i ~(15) Municipal Addrees of Property ' (17) Oocumenl Prepared by: Rsgistration Fee 488 ! Brock Road C.M. Timothy Sheffield La~d Transfer Tax CIaremont, Ont~io Town Solicitor LOH 1Ed Town of Picketing One The Esplas~ade Picketing, Ontario 'r,,,o, (7) INTERF_.~T/F_,STATE TRANS FERP~D Subject to the 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 therein 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 ~vork, the Transferee shall fill in ali 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. 3. The Transferor shall not erect any building or structure (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. The right and easement granted herein shall be subject to ail leases, licences, and a~y 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 urffeasonabiy 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 the 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 th~ 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 BENEFITFED (DOMINANT TENEMENT) 9. The benefit of this Transfer and all of the terms and conditions contained herein shall nm 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. 10178 (12/84) I I I 1 The Town of Pickering ~ack Cons~ction - P~ of ~t 1, Pl~ 40M-1427, Picking LEGAL SERVICES DEPARTMENT - Tr~sf~ of S~o=~ S~ Eas~n~