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Home My WebLink AboutBy-law 4295/93 THE CORPORATION OF THE TOWN OF PICKERINO BY-LAW NO. 4295/93 Being a by-law to authorize the acquisition of an easement for erosion control purposes over Part Lot 14, Concession 5, Pickering (Part 1, Plan 4OR- )from the Municipality of Metropolitan Toronto and the execution of the Transfer of Easement necessary to effect such acquisition. 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 acquiring land required for the purposes of the Corporation; and WHEREAS The Corporation of the Town of Picketing wishes to acquire an easement over Part Lot 14, Concession 5, Picketing (Part 1, Plan 40R- ) from the Municipality of Metropolitan Toronto for erosion control purposes; NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACI'S AS FOLLOWS: 1. The Corporation of the Town of Picketing shall acquire from the Municipality of Metropolitan Toronto, an easement over that part of Lot 14, Concession 5, Picketing, designated as Part 1, Plan 40R- at a purchase price of $2.00, for erosion control purposes. 2. The Mayor and Clerk are hereby authorized to execute a Transfer of Easement, in the form attached hereto as Schedule A, from the Municipality of Metropolitan Toronto to The Corporation of the Town of Picketing to effect the acquisition referred to in section 1. BY-LAW read a first, second and third time and finally passed this 4th day of August, 1993. Brace Taylo ,r~Clerk'~--''~ ~Ontar,oofProv'nce Transfer/Deed of Land A Form I -- Land Regietmlfon Reform Acl. 19~4 (1) Reglat~7 [] Land Tltlel [] 2) Page 1 of pages (3) Pr~oer~ BloCk ProperW Id~ltlfler(a) Addltionah see [] Scl3edule (4) Consideration Two Dollars $ '~.00 (5) Description Th~s is a Property Properly Divimon [] Consol~dahon [] Parr Lot 14, Concession 5, being New Property Idenhflers Pltrl~ 1, Plan 40R- Additional. See Schedule [] Executions Town of Picketing Add,bona] Regional Municipality of Durham See Schedule [] (6) This (a) Redescription (b) Schedule for (7) Interest/Estate Transferred Document New Easement Additional Fee Simple Contains Plan/Sketch []; Descr,phon [] Parties [] Other [] Easement Transfero~s) The transferor hereby transfers the land ~o the transferee and certifies that the transferor is at least e~ghteen years old and that Date of S~gnature THE MLri~I.CI!~ALIYFY .OIY ................................................................... ;... · METROPOIJTAN ~0R(~N.'.~O ................................................................... Spouse(s) of Transferor(s) I hereby consent to this transacbon Date of S,gnature TM Name(s) Signature(s) Y M D (10) Transferor(s) Address for Service 390 Bay Street, 5th Floor, Toronto, Ontario M5H 3Y7 Transleree(s) Date et B~rth Y M THE (20RPOIL~TIOH THE TOWN Wayne Arthurs, Mayor DF PICKER!NG ................................................................ ~ .......... :... .............................................. Bmc~'Taylo'r; Clerk ................: .......... :'-- (12) Transferee(s) Address for Service Pickering Civic Centre, One The Esplanade, Pickering, Ontario LIV 6K7 (13) Tranafero~(s) The transferor venfies that to the best of the transteror's knowledge and behef th~stransfer does not contravene sec1~on 49 of the Planning Act. 1983 Date of S*gnature Date of S~gnature Y M D Y M Solicitor for Transferor(s) I have explained the effect of section 49 of Ihe Planmng Act, 1983 to the transferor and I have made inqumes of the transferor : and belief, tb~s transfer does not contravene that sechon I am an Ontario solicitor in good standing. Date of S~gnature Name and ! Y , M D Address of , , Solicitor S~gnature. ~ (14) Solicitor for Transfem~,~s) I have investigated the tdle to this land and to abutting land where relevant and I am sabsfied that the title records ~.e ~l reveal no contravenbon as set out ~n subclause 49 (21a} (c) (ii) el the Planning Act, 1983 and that to the best of my knowledge and behef th~s ~ ~ I transfer does not contravene section 49 of the Planning Act 1983 I act independently of the sohcdor for tl~e transferor(s) and I am an On~ario e~c~I solicitor in good standing. ~ ~ I AddreSs of Y M D S~gnature .......................... ...... . ....... I )(16) Municipal Address of Property (17) Docum;nt Prepared by: not assigned C.M. Timothy Sheffield Town Solicitor Town of Picketing - -- One The Esplanade OlCll __ Pickering, Ontario L~,~[~r: -- · . LIV 6K7 Total 10173 (12/84) ~o'Pr°vince Schedule S Form 5 -- Land Regl~tmltlOn Refon~ Act, 1~ Page ~al P~ I~ntl~l) in.or Ot~r In~lt~n (7) INTEREST/ESTATE TRANSFERRED The Transferor hereby transfers an easement, or right and licence in the nature of an easement at any time to enter upon the lands of the Transferor described in Box 5 on page 1 (herein called the "Lands"), for the purpose of laying down and constructing, maintaining, inspecting, altering and repairing stabilization works and related appurtenances incidental thereto for the purpose of erosion control along and upon the Lands, and of keeping and maintaining the same at all times in good condition and repair and for every such purpose the Transferee shall have access to the Lands at all times by its servants, emp. loyees, workers, agents and contractors along with the necessary machinery, material, vehicles and eqmpmem. The Transferee shall fully indemnify and save harmless the Transferor in respect to any and all claims for damages, injury or loss of any nature, caused to any person or property resulting in any way either directly or indirectly from the granting of this easement or related works. The Transferee covenants with the Transferor that the Transferee shall at all times carry out any construction, maintenance or repairs required resulting in any way either directly or indirectly from the installation of the stabilization works, related appurtenances or use of the easement area. The Transferee covenants with the Transferor that the Transferee shall assume sole responsibility for the construction, maintenance and repair of the stabilization works and for any future erosion or deterioration of the Lands or adjoining land of the Transferor that may be caused by this work, and on completion of the stabilization work and after future repairs and maintenance, the Transferee shall restore the disturbed lands to the satisfaction of the Transferor's Director of Engineering. The rights, easements and privileges granted herein are subject to all prior rights, easements and privileges affecting the Lands and the Transferee agrees to be bound by all the terms and conditions of such prior rights, easements and privileges. For the purposes of constructing, maintaining, inspecting, altering and repairing the stabilization works and related appurtenances incidental thereto, for the purpose of erosion control, the Lands are to remain clear of and unencumbered by buildings, structures, improvements or expensive landscaping (other than approved in writing by the Transferee's Director of Public Works), no fill shall be deposited on the Lands without the written approval of the Director, nor shall any other thing be done which might injure or damage the works or render more costly the restoration of the Lands. The burden of this Transfer of Easement shall run whh the Lands and shall extend to and be binding upon the Transferor, its successors and assigns. The benefit of this Transfer of Easement shall run with the lands vested in the Transferee and shall enure to the Transferee, its successors and assigns.