HomeMy WebLinkAboutBy-law 4076/92 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 4076/92
Being a by-law to authorize the acquisition of a Storm
Drainage System Easement over Lots 7, 8, 19, 20 and 45
and Block E, Plan 406, Pickering (Parts 1, 2, 3 and 7,
Plan 40M-6718) and Part Lot 15, Range 3, Broken Front
Concession, Pickering (Part 2, Plan 40R-6719, except
Part 1, Plan 40R-13780)from the Metropolitan Toronto
and Region Conservation Authority, 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 a Storm Drainage System
Easement over Lots 7, 8, 19, 20 and 45 and Block E, Plan 406, Picketing (Parts 1, 2, 3 and 7, Plan
40M-6718) and Part Lot 15, Range 3, Broken Front Concession, Picketing (Part 2, Plan 40R-6719,
except Part 1, Plan 40R-13780) from the Metropolitan Toronto and Region Conservation Authority for
storm water management purposes; and
NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS
FOLLOWS:
1. The Corporation of the Town of Pickering shall acquire from the Metropolitan Toronto and
Region Conservation Authority a Storm Drainage System Easement over,
(a) all of Lots 7 and 8, Plan 406, Picketing, now designated as Part 7, Plan 40R-6718;
(b) all of Lot 19, part of Lot 20 and part of Block E, Plan 406, Pickering, now designated as
Part 3, Plan 40R-6718;
(c) part of Block E, Plan 406, Pickering, now designated as Part 2, Plan 40R-6718;
(d) part of Block E and all of Lot 45, Plan 406, Picketing now designated as Part 1, Plan
40R-6718; and
(e) part of Lot 15, Range 3, Broken Front Concession, Pickering, now designated as Part 2,
Plan 40R-6719, save and except that part thereof designated as Part 1, Plan 40R-13780
at a purchase price of two dollaxs, for storm water management 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 Metropolitan Toronto and Region Conservation
Authority 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 f'mally passed this 4th day of Augnst, 1992.
SCHEDULE ~o,m ~, ~0
Province Transfer/Deed Land
Ontario A
Form 1 -- Land Registration Reform Act, 1984
(1) Registry [~ Land Titles [] '~2) Page 1 of pages
(3) Property Block Property
) ~el~t~fler(a) AddRional
See
Schedule
(4) Consideration
Two Dollars $
(S) Description This is a: Property Property
Division [] Consolidation []
See Schedule Attached
New Property Identifiers
Additional:
See
Executions Town of ?ickerins
Additional: Regional Municipality of Durham
See
Schedule []
(6) This {a) R~:[escr[ption ' (b) Schedule for: (7) Interest/Estate Transferred
Document New Easement Additional Fee Simple
Contains Plan/Sketch [] Description [] Parties [] Other [~ Easement
r (8) Transferor(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
THE METROPOLITAN .TOROI~Q AND ............................................, .... i, .. i...
REGION CONSERTfATION AUTTHQRATY.
(9) Spouse(s) of Transferor(s) I hereby consent to this transacbon Date of Signature
Name(s) Signature(s) Y U D
(10) Transferor(s) Address
for Service 5 Shoreham Drive, Downsview, Ontario M3N 1S4
{11) Transtereeis) Date of Birth
THE CORPORATION OF THE lOB{lC.
Wayne Arthurs, Mayor
OF PICKERING.
.............................................. Bmbb'T~iylb~'; CIe]CE ..............................
(12) f'l'orra,~f~[~ee(S) Address Pickering Civic Centre, One The Esplanade, Pickering, Ontario L1V 6K7
! (13)pT~:~:~n~;OAr(c~! 1Tghs~3 transferor verifies that ,o th: be[~;t~. oti,~;itM~aicuf reiOi'S, knowledge and belief, this transfer does not contrav:neDs;tCetioOfys41;~aft tuhr~
Signature ......................... i ...... I., . ~... i Signature .......................... i ...... ! ! ....
nF' I Address of
iOI Solicitor ~lgnature ........................... ' ...... ' .......
,'E I = c~ ~ { sohcttor m ~3od standing.
I
~- I~= I Name and Date of Signature
~[ Solicitor
(15) Assessment Roll Number i Cb/ i Mun i Map ' Sub Par I~ Fees and Tax
ef Properly i : I
not assigned C.M. Timothy Sheffield _ Land Transfer Tax
Town Solicitor c
Town of Pickering
One The Esplanade
Pickering, Ontario
~om .2/~,~) ,~, L1V 6K7 Total
Province S
o, Schedule
...... Ontario
Form 5 -- Lam] Reg~trat[o~ Reform Act, 1~4
Page
rAddltlonel Property Identifier(s) and/or Other Infomtatlon
(5) DESCRIPTION
(a) all of Lots 7 and 8, Plan 406, Pickering, now designated as Part 7, Plan 40R-6718;
(b) ail of Lot 19, part of Lot 20 and pan of Block E, Plan 406, Pickering, now designated as
Pan 3, Plan 40R-6718;
(c) pan of Block E, Plan 406, Picketing, now designated as Pan 2, Plan 40R-6718;
(d) pan of Block E and all of Lot 45, Plan 406, Pickering now designated as Pan 1, Plan
40R-6718; and
(e) pan of Lot 15, Range 3, Broken Front Concession, Picketing, now designated as Pan 2,
Plan 40R-6719, save and except that pan thereof designated as Part 1, Plan 40R-13780
(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 I (herein called the "Lands"),
for the purpose of laying down and constructing, maintaining, inspecting, altering and repairing storm
sewers and related appurtenances incidental thereto, and for the purpose of overland storm drainage,
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, employees, workers, agents and contractors along with the necessary machinery, material,
vehicles and equipment.
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 ail times carry out any
construction, maintenance or repairs required resulting in any way either directly or indirectly from the
installation of the sewers, related appurtenances or use of the easement area.
The rights, easements and privileges granted herein are subject to al/ 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 storm sewers and
related appurtenances incidental thereto, and for the purpose of overland storm drainage, 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 shail 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 cosily the restoration of the Lands.
The burden of this Transfer of Easement shall mn with the Lands and shall extend to and be binding
upon the Transferor, its successors and assigns.
The benefit of this Transfer of Easement shall mn with the lands vested in the Transferee and shau
enure to the Transferee, its successors and assigns.