HomeMy WebLinkAboutBy-law 4099-92 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO.4099/92
Being a by-law to authorize the execution of an
Agreement Postponing Easement between The
Corporation of the Town of Picketing and Bramalea
Limited respecting a storm sewer easement over those
parts of Lot 29, Concession 1, Picketing, designated as
Parts 1-8, Plan 40R-14410.
WHEREAS pursuant to 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 respecting its interest in land required for the
purposes of the Corporation;
NOW THEREFORE the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS
FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute an Agreement Postponing Easement, in
the form attached hereto as Schedule A, between The Corporation of the Town of Pickering and
Bramalea Limited to postpone the Town's interest in Transfer of Easement LT568174 in favour
of Bramalea Limited respecting part of Lot 29, Concession 1, Picketing, designated as Paris
1-8, Plan 40R-14410.
BY-LAW read a first, second and third time and finally passed this 19th day of October, 1992.
Wayne Acchur,~Iayor
~B~ce TaylOr, Clerk
Schedule A ' --& ~
o, Document General
~--'~o Fo~m 4 -- ta~l Re~latr~fle~ Refom~ ~L 1~
(3) Pr~ 81~k Pr~
Id~)
AGRE~T ~OST~O~[~G EASEHE~T
(S[C~[O~ 78~6) O~ ~D T[T~[S ACT)
(5) Con~ratmn
Do,am S
Parc of Parcel Plan 221-1-4, Section Picketing,
being
FIRSTLY: Part of Lot 29, Concession I (Picketing),
designated as Parts 1, 2, 3, 4 and 5,
Plan 40R-14410
SECO~LY: Part of Loc 29, Concession 1 (Picketing),
NewP~m,t~e~ designated as Parts 2, 3, 4, 6, 7 and 8
A~: Plan 40R-14410
s~
~ ~ In the To~ of Picketing, Regional Municipality of Durham
~SubJect to easements as attached
A~it~l: ~ ~ E~t A~
See Schedule attached [o~ Aggeeae~c ~osCpo~i~g Easement
Continued on Schedule ~-'
Thl~ Doeume. t mtatee lo In~lnzment numl:ze~s)
LT 568174
Pa~/~lee) (Set out Status or Interest)
Name(I) Sig~ltur~s) Date of Signature
Y M O
THE CORPORATIOR OF THE TOk~ OF
PZCKERI~G ................................................................... .1~.97 .......
(postponing easement holder) T have authority to bind the
.............................................. Corparar, ion ...................... ,, ...... . .....
forServlce Picketing Civic Centre, One The Esplanade, Pickering, Ontario L1V 6K7
tSet out Status or Intere~t)
Na~e(s} Signature(s) Date of Signature
RPANALKA LIMITED ,
(13) Add~esl
forSet~ice ~L Queen Street East, ?oronto, Ont:ar±o HSC 2Y9
Municwal Addrell ol Properly (15) Document Prepared by:, 3LC 92-2113 F~ and Tax
.~berlea Shoppsng Centre Reads{ration Fee
(not assigned) /VIcLEAN & KERR
BARRISTERS & SOLICITORS
TORONTO. C~NADA
Total
Schedule
Fof~t ~ -- Lancl Re~l~etl~l Reform A~
~Addlt~nM Prog~rty i~ntltil~l) Midi/or OthM' Inf~
LEGAL Dg$CgI?TIO~
Part of Parcel Plan 221-1-4, Section Pickering, being
FIRSTLY: Part of Lot 29, Concession [ (Picketing), designated as
Parts 1, 2, 3, 4 and 5, Plan 40R-14410, Town of Picketing,
Regional Municipality of Durham
SUBJECT TO an easement over Part of Lot 29, Concession l,
(Pickering), designated as Part 1, Plan 40R-13614 for
purposes set out in Instrument No. LT-568174.
SECONDLY: Part of Lot 29, Concession I (Picketing), designated as
Parts 2, 3, 4, 6, 7 and 8, Plan 40R-14410, Tow~ of
Picketing, Regional Municipality of Durham
SUBJECT TO an easement over Part of Lot 29, Concession 1
(Picketing), designated as Part 1, Plan 40R-13614 for purposes
set out in Instrument No. LT-568174.
Page 3 of
POSTPONEMENT AGREEMENT
THIS AGREEMENT made the day of 1992, between
BRAMALEA LIMITED
("Bramalea")
- and -
THE CORPORATION OF THE TOWN OF PICKERING
(the "Town")
WHEREA~:
A. Bramalea granted an easement over lands legally described as
Part of Parcel Plan 221-1-4, Section Pickering, being Part of
Lot 29, Concession i (Picketing), more particularly described
as Part 1, Plan 40R-13614, in the Town of Picketing, in the
Regional Municipality of Durham (the "Storm Sewer Easement")
to the Town on August 12, 1991 and registered in the Land
Registry Office for the Land Titles Division of Durham (No.40)
(the "Registry Office") on October 23, I991 as Instrument No.~
LT 568174~
B. Bramalea conveyed its interest tn the lands pertaining to the
Storm Sewer Easement to Halloway Holdings Limited ("Halloway")
bye transfer/deed dated and registered in the Registry Office
on September 30, 1992 as Instrument No. LT ;
C. Halloway granted easements tn favour of Bremalea over the
lands described in Box (6) and on the Schedule of the attached
Document General (the "Fill Easement and the Working
Easement") registered in the Registry Office on September 30,
1992 ae Instrument No. LT ; and
D. the Town has agreed to postpone the Storm Sewer Easement to
the Fill Easement and the Working Easement.
NOW THEREFORE the parties hereto agree as follows:
1. The Town hereby postpones the Storm Sewer Easement to the Fill
Easement and the Working Easement.
2. This Agreement shall enure to the benefit of and be binding
upon eaoh of the parties hereto and upon their successors and
permitted assigns to the same extent as they are binding upon the
parties hereto.
IN WITNESS WHEREOF the parties hereto have duly executed
this Agreement as of the date first set out above.
THE CORPORATION OF THE TOWN OF
PICKERING
Per:
Name:
Title:
I have authority to bind the
Corporation.
BRAMALEA LIMITED
Per:
Name:
Title:
I have authority to bind the
tCorporation.
ROAD
The Town of Picketing Bramalea Limited
- Part of Lot 29, Concession 1, Pick,
LEGAL SERVICES DEPARTMENT - Amberlea Shopping Centre