HomeMy WebLinkAboutBy-law 4048/92 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 4048/92
Being a by-law to authorize the execution of a Transfer
of Easement from Ontario Hydro to The Corporation of
the Town of Pickering over that part of Lot 29,
Concession 2, Pickering, designated as Part 1, Plan
40R-13958.
WHEREAS The Corporation of the Town of Pickering requires a storm sewer easement over that part
of Lot 29, Concession 2, Picketing, designated as Part 1, Plan 40R-13958, for the purpose of draining
storm water through Plan 40M-1312, 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 Picker'mg may
pass by-laws for acquiring 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 Ontario Hydro to The Corporation of the Town of
Picketing, over that part of Lot 29, Concession 2, Picketing, designated as Part i, Plan
40R-13958.
BY-LAW read a first, second and third thne and finally passed this 29th day of June, 1992.
TOWN OF
PICKERING
APPROVED
AS 10 FORM
LEGAL DEPT.
o, Transfer/Deed of Land
Form I -- Lend ReOiltmtlon Retom~ Act, 1~84
(1) Registry [] Lend Titles [] ~2) Page 1 of pages
(3) Property Block Property
Id~ttlfler(s) Additional:
see
ScheOule
(4) Coneld~atlon
Four Hundred and Fifty Dollars $ $450.00
(5) Description This is a: Property Property
givis{on [~ Consolidation []
Part of Lot 29, Concession 2, designated
as Part 1, Plan 40R-13958.
New Property Identifiers
Addibonal:
See
Schedule ~
Executlona
Additionak Town of Pickering
See
Schedule [] Regional Municipality of Durham
(6) Thle Ia) Redescription (b) Schedule for ~ (?) In~VEeta~ Tfan~f~n~¢l
nocumeat New Easement Additional Fee Simple
Conlalee Plan/Sketch [] Description [] Parties [] Other [] Easement
i
(8) Translero~(s) The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years old and that
Date of Signature
· ONTARIO HYDRO .................................................................. i .......
'{9) Spouse(s) of Transferor(s) I hersOy consent to this transaction
Date of Signature
Name(s) Signature(s) Y M D
(10) Tranaferor(a) Address
for Service 700 University Avenue, Toronto, Ontario MSG
>(11) Transferee(s)
THE .CORPORATIOlg OF THE 7tOWN.
Maurice Brenner, Acting Mayor
OF PICKERLNO ....................................................................... i'" ::-"
(12) Transferee(s) Address
for S~rvice Picketing Civic Centre, One The Esplanade, Pickering, Ontario LtV 6K7
[ Planning Act, 1983 Date of Signature Date of Signature
Signature ................................................................... , , ~, S gna ure , ...... : .......
} Solicitor for Transferor(s) I have explained the effect of section 49 of the Planning Act, 1983 to the trensferor and I have mede inquiries of the transferor
_0 Name and I ¥ , M , D
0~] Solicitor ~,gnature .......................... , ...... .......
~ I ~- (14) $o11¢1t0~ for Tran~fem~(s) I have investigated the title to this land and to abutting [and where relevant and I am satisfied that the title records
~: ~,~ 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
~t-~ transfer does not contravene section 49 of the Planning Act 1983 I act independently of the solicitor for the transferor(s) and I am an Ontario
~ I ~ ~ solicitor in good standing.
~' ]-~,~_~ Name and Date of Signature
~ Address of Y .
~ Solicitor i '
[ ~ Signature .......................... ; ...... ! ......
(15) A~esement Roll Number , Cb/ Mun ,: Map i Sub i Par I~ I Fees and Tax
cf Property i i ! :
:(16) Municipel Addre~ of Propafty (17) Document Prepared by: --
Not assigned C.M. Timothy Sheffield ~[[Land Transfer Tax
Town Solicitor ~]~[ --
Town of Picketing
One The Esplanade
Picketing, Ontario Total
, ,~ LIV OK7
o, Schedule
Ontario
Form 5 -- Lend Re~trafloo Reform Ac~, 1984
Page
'Additional Prof)erty Identille~(I) end/or Other Information
(7) IN i't~REST/F_,STATE TRANSFERRED
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 (herein called the "works") in,
over, along, across, upon and under the land described in Box 5 (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 andpass 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 shaH, 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 ns is reasonably
possible.
2. Upon completion of any work, the Transferee shall fill in aH excavations, restore fences,
and restore the surface of the ground by restoring aH topsoil and grass cover disturbed
thereby, and do necessary grading to ensure soil and slope stability, and remove all
equipment.
3. The Transferor shaH not erect any building or structure (except n fence) on the lands,
and shaH not place or remove any fill on or from any part of the lands without the
previous written consent of the Transferee.
4. The right and easement granted herein shaH 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.
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 aH of the terms and conditions herein.
6. The Transferor shaH 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 the terms and conditions contained herein shall
mn 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 BENEFHTED (DOMINANT TENEMENT)
9. 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
for the purpose of operating and maintaining storm drainage works.
10178 (1~/~4)
I
The Town of Picketing IOntario Hydro
LEGAL SERVICES DEPARTMENTI Part Lot 29, Concession 2, Pickering
Transfer of Storm Sewer Easement