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Home My WebLink AboutBy-law 4337/93 THE CORPORATION OF THE TOWN OF PICKERING ~Y-LAWNO, 4337/93 Being a by-law to authorize the transfer of an access easement over Part Lot 19, Concession 8, Picketing (Part 4, Plan 40R-9448) from The Corporation of the Town of Picketing to Claremont Estates Ontario lnc. and the execution of the Transfer of Easement necessary to effect such transfer. 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 interests in lands owned by it; and WHEREAS The Corporation of the Town of Picketing wishes to transfer an access easement over part of Lot 19, Concession 8, Picketing (Part 4, Plan 40R-9448) to Claremont Estates Ontario Inc. to enable pedestrian and vehicular traffic to move between Old Brock Road and that part of Lot 19, Concession 8, Picketing, designated as Part 1, Plan 40R-11412 (except that part of Part 1, Plan 40R-11412 being Part 1, Plan 14953); NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: 1. The Corporation of the Town of Pickering shall transfer an access easement over part of Lot 19, Concession 8, Picketing (Part 4, Plan 40R-9448) to Claremont Estates Ontario Inc. to enable pedestrian and vehicular traffic to move between Old Brock Road and that part of Lot 19, Concession 8, Picketing, designated as Part 1, Plan 40R-11412 (except that part of Pan 1, Plan 40R-11412 being Part 1, Plan 14953). 2. 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 Claremont Estates Ontario Inc. to effect the Transfer referred to in section 1. BY-LAW read a first, second and third time and finally passed this 1 st day of November, 1993. Wayne A,(a. hurs, Mayor Brace Taylor, Clerk TOWN OF PICKERING APPROVED AS TO FORM L~E~GAL DEPT. ACORN LANE I CON. 8 LOT 20 LOT I~ I BOViNGDON PL. I I AREA TO BE .... RETAINED LD 119/93 I The Town of Pickering ] Pickering Transfer to Clar~nont Estates LEGAL SERVICES DEPARTMENT] ont~io xnc. Part Lot 19, Con. 8, Pickering ~C3-~Dur_,g A ~Ontar.ooIProvmce Transfer/Deed of Land A Form I -- Lend Registration Reform Act, 1984 (1) Registry [] Land Titles [] T(2) Page 1 of pages (3) Properly Block Property Identifier(s) Additional see (4) Consideration Dollars $ 2.00 (5) Description This ~s a' Properly Property [~vision [] Consolidation [] Part Lot 19, Concession 8, being New property Identifiers Part 4, Plan 40R-9448 Addibonal See Schedule Exe~cutionl ~ of Picketing AddlhOnal: Regional Municipality of Durham (6) This (a) Redescription (b) Schedule for: (7) Inteml[/£state Transferred Contains Plan/Sketch [] Description [] Parties [] Other [] (8) Transferors) The Iransferor hereby transfers the land to the transferee and certdies that the transferor is at least eighteen years old and that Date of Signature Wayne Arthurs. Mayo]: ·.. OF .~ICKERING .............................................................................. .............................................. Bruce' T&y]_o~ ~ ' Clerk ............. : ......... ! · · ' :'(9) Spouse(s) of Transferor(s) I hereby consent to this transacbon Date of Signature Name(s~ S~gna!ure(s) Y M (10) Tranlteror($) Address for Service Pickerino Civic Cu~lex. One The EsPlanade. Pickerin(~. Ontario (11) Transferee(s) Date 0t B,rth ¥ M CIAREMONT ESTATES ONTARIO INC. I have the authority to T,ansferee~s) Address (~2) for Service 5012 Brock Boad, Clare'~Dnt, Ontario L1Y lB3 (13) Transferor(s) The transferor venhes that to the best of the transferor's knowledge and belial, th~s transfer does not contravene section 49 of the J Planning Act. 1983. Date of S~gnature Da~e of S~gnafure i Y i u i O: S~gna ure . . . . Y M D Signature ......................... : ...... . ....... : ........................... : ...... . . . ~... J Solicitor for Transfero~(s) I have explained the effect of section 49 of the Planmng Act. 1983 to the transferor and I have made ~nqumse of the transferor I1. A~dr~s of : : ~ ~ ~ >- reveal no contravenbon as set oul ~n subclause 49 (21a) (c) 0,) of the Planmng Act. 1983 and that to the besl of my knowledge and behef this · E I~ ~ E I solicitor ,~ good ~tand,og. ' j m~ ~ Address of ¥ M D ~: SOhCltOr I I (15) Asse.mentRollNumb.r ,C~y Mun ' Map , SubI' Par ,~., FeesandTax of Propelly i 18 :: 01 020[ 029i 8601 Jlz Registration Fee Not Assigned C.M. Timothy sheffield Land fer Ta~ Town Solicitor Tc~n of Pickering One The Esplanade Pickering, OD~-io ~~. Ontlrro O' Provinc. Sched u le S Form 5 -- Land Regllhl~t Refom~ Act, 1~ Page (7) INTEREST/ESTATE TRANSFERRED 1. The Transferor hereby transfers a free, uninterrupted and unobstructed right and easement for the Transferee, its successors and assigns, and its and their agents, employees, contractors, tenants. invitees, and licensees to enter upon the lands of the Transferor described in Box 5 on page 1 (herein called the "Lands"), for the purpose of providing vehicular and pedestrian access, until such time as the Lands are dedicated as public highway, between, (a)the road allowance between Lots 18 and 19, Concession 8, Picketing, (Old Brock Road), and (b) that part of Lot 19, Concession 8, Picketing, designated as Part 1, Plan 40R-11412 (except that part of Part 1, Plan 40R-11412 being Part 1, Plan 14953), and for such purpose the Transferee shall have access to the Lands at all times. 2. 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. 3. The Transferee covenants with the Transferor that the Transferee shall at all times carry out any construction, maintenance or repairs required in any way to provide for proper access across the easement on the Lands and for the installation of works related thereto, to the satisfaction of the Transferor. 4. The Transferee covenants with the Transferor that the Transferee shall assume sole responsibility for the construction, maintenance and repair of the access and the related 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 access and the related works. 5. 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. 6. For the purposes of constructing, maintaining, inspecting, altering and repairing the access and the related works, the Lands are to remain clear of and unencumbered by buildings, structures, improvements or landscaping (other than approved in writing by the Transferor'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 Lands or render more costly the restoration of the Lands. 7. The burden of this Transfer of Easement shall run with the Lands and shall extend to and be binding upon the Transferor, its successors and assigns. 8. The benefit of this Transfer of Easement shall run with the lands vested in the Transferee, namely, that part of Lot 19, Concession 8, Pickering, designated as Part I, Plan 40R-11412 (except that part of Part 1, Plan 40R-11412 being Part 1, Plan 14953), and shall enure to the benefit of the Transferee, its successors and assigns. 10178 (12./84)