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HomeMy WebLinkAboutBy-law 2667/88 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2667 Being a by-law to authorize the execution of a Transfer of an electric switching unit on Part Block 62, Plan 40M-1488, Picketing from The Corporation of the Town of Picketing to Picketing Hydro Electric Commission. WHEREAS, Picketing Hydro Electric Commission requires an electric switching unit easement over part of Block 62, Plan 40M-1488, Picketing, which block is owned by The Corporation of the Town of Picketing; and WHEREAS, pursuant to the provisions of the Municipal Act, R.S.O. 1980, chapter 302, section 193, the Council of The Corporation of the Town of Picketing may pass by-laws for transferring interests in its lands; 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 a Transfer of Easement in the form attached hereto as Schedule A, from The Corporation of the Town of Pickering to Pickering Hydro Electric Commission over that part of Block 62, Plan 40M-1485, Pickering, designated as Part 2, Plan 40R-10813. BY-LAW read a first, second and third time and finally passed this 1st day of Febru- ary, 1988. TOWN OF PtCKERING APPEOVED LEGAL DEPT. THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2667 /88 Being a by-law to authorize the execution of a Transfer of an electric switching unit on Part Block 62, Plan 40M-1488, Pickering from The Corporation of the Town of Picketing to Picketing Hydro Electric Commission. WHEREAS, Pickering Hydro Electric Commission requires an electric switching unit easement over part of Block 62, Plan 40M-1488, Picketing, which block is owned by The Corporation of the Town of Picketing; and WHEREAS, pursuant to the provisions of the Municipal Act, R.S.O. 1980, chapter 302, section 193, the Council of The Corporation of the Town of Picketing may pass by-laws for transferring interests in its 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 The Corporation of the Town of Picketing to Picketing Hydro Electric Commission over that part of Block 62, Plan 40M-1488, Picketing, designated as Part 2, Plan 40R-10813. BY-LAW read a first, second and third time and finally passed this 1st day of Febru- ary, 1988. TOWN OF PICKERING APPROVED L[G~L DEP3'. THE CORPORATION OF TilE TOWN OF PICKERING BY-LAW NO. 2667 /88 Being a by-law to authorize the execution of a Transfer of an electric switching unit on Part Block 62, Plan 40M-1488, Picketing from The Corporation of the Town of Picketing to Picketing Hydro Electric Commission. WHEREAS, Pickering Hydro Electric Commission requires an electric switching unit easement over part of Block 62, Plan 40M-1488, Picketing, which block is owned by The Corporation of the Town of Picketing; and WHEREAS, pursuant to the provisions of the Municipal Act, R.S.O. 1980, chapter 302, section 193, the Council of The Corporation of the Town of Picketing may pass by-laws for transferring interests in its 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 The Corporation of the Town of Picketing to Picketing Hydro Electric Commission over that part of Block 62, Plan 40M-1488, Picketing, designated as Part 2, Plan 40R-10813. BY-LAW read a first, second and third time and finally passed this 1st day of Febru- ary, 1988. ,/~'bhfi' El-. Anderson'; Maydr ~. TOWN OF PICKERING APPROVED _EGAL DEP~ SCHEDULE A o,"r°vinc' Transfer/Deed of Land A (1) R~W ~ L~dT~ ~ 2) Page 1 of 3 ~s (3) P~ Bilk Pr~ (4) ~n · wo Z.00 DolI~ $ (~) ~ This is a: Pro.dy Pro~ Division ~ Con~lidation s~Additi°nal: ~e~o~] M~cipa]~ty of Durham (6) Th~ (a) R~mcription ~ (b) Schedule for: ~ (7) In~l~e T~ D~nt New ~me~t A~itional J F~ Simp~ Con. Ins Plan/Sketch ~ D~i~ion ~ Pa~i~ ~ O~er ~ ~aseme~t ~(8) Tin.broil) ' The trans~ror hereby transfers the la~d to the transfe~ and ce~ifi~ that t~ tmns~ror is at I~st eigbt~n y~ old a~ that Name(s) Signature(s) (9) S~u~.) of Tran.f~o~.) I ~y con~t to tbi~ tran~ctio~ ~ate of Signature Name(s) Signatu~(s) Y ~ D ~or*~ Kingston Road~ Pickering~ Ontario L1V 1C7 ~(11) Transfers) Date of Bi~h Y M D P[CE~[HG HYDRO ~CT~[C COMMISSION ~ ]-988 0~ the corporation. , (12) T~d~) (13) Tr~fem~a) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene ~tion 49 of the Planning Act 1~. Date of Signature Date of Signature Y M D Y M D Signature ..... :. i : Signature.. Sollcl~r f~ Tmnafe~) I have explain~ t~ e~t of.~ction 49 of the Planning Act, 1~ to the transferor and I have made inquid~ of t~ tra~s~ror and ~l~f, this trans~r d~ not contravene that ~ion. I am an Ontario solicitor in g~ s~nding. Date of Signature (14) S~ ~ T~I) I ha~ inv~tigat~ the title to ~his land and to abuffing land w~m m~ant and I am ~ti~ t~t ~e title r~o~s r~al no ~ntra~ntion ~ ~t out in su~lau~ 49 21 a) (c) (ii) of t~ Planning Act 1~ and ~at to ~e ~ of my kn~ge and ~tief this transit d~s not contrav~e ~tion 49 of the Planning A~ 1~. I act inde~n~tly of the ~ c tot for ~e tran~ero~(s andl am an OnkYo ~licit~ in g~ standing. Name and Oate of Signature Solicitor Sign~ure .......................... ~ .............. (15) ~tn~lNum~r i C~. ~Mun,~ Map ~ Sub, Par. : I not assigned 1606 Major Oaks Road C.M. Timothy Sheffield ~ll~llLandTra~ferT~ Picketing, Ontario Town Solicitor _ 1710 Kingston Road L1V 1C7 T~ ~of Pr°vince Schedule Ontario S Form 5 -- Land Reglstratlo~ Reform Act, 1984 Page20~= 3 · Additional Property Identifier(s) and/or Other Information INTEREST/ESTATE TRANSFERRED 1. The Transferor hereby transfers to the Transferee the free, uninterrupted and unobstructed right and easement, subject to the terms and conditions hereof, to construct, place, operate and maintain a switching unit or load centre, together with any underground appurtenances thereto as may be required from time to time on, in and under the lands herein described, together with a right of the Transferee, its successors and assigns and its and their servants, agents and workmen, with all necessary equipment, machinery and vehicles to enter upon the lands at all times and to pass and repass thereon for replacing and maintaining the switching unit or load centre or any part thereof or appurtenances thereto situate on, in or under the lands. 2. No switching unit or load centre shall be constructed, placed, operated, main- tained or replaced on the lands unless it conforms to the following requirements: (a) the unit or centre shall be totally enclosed, except for necessary air vents; (b) the unit or centre shall conform to all applicable CSA Standards and Specifications in effect when it is constructed or placed on the lands and shall be maintained in accordance therewith thereafter; (c) the unit or centre shall not be more than 2 metres in height above grade; (d) no above or on-ground cables or wires shall be attached to the unit or centre; (e) no below-ground cables or wires attached to the unit or centre will gain access to the lands except across the boundary of the lands abutting Major Oaks Road. 3. The Transferee hereby indemnifies and saves harmless the Transferor, its officers and employees and their respective heirs, executors, administrators, successors and assigns, of and from all actions, causes of action, accounts, claims, debts, damages, demands, and costs associated therewith, arising, to arise or which may hereafter be brought against them, or any of them, by or on behalf of any person as a result of the granting of this easement, or of the construction, placement, operation, maintenance or replacement, or lack thereof, of any switching unit or load centre and appurtenances thereto on, in or under the lands. 4. The Transferor covenants that it shall execute such further assurances of the right and easement granted hereby as may be required by the Transferee. 5. The burden of this Transfer and of all the covenants contained herein shall run with the lands herein described. 6. This Transfer shall be binding upon and shall enure to the benefit of the parties hereto and their respective successors and assigns. LAND BENEFITED (DOMINANT TENEMENT) 7. The benefit of this Transfer and all the covenants contained herein shall run with all other lands and interests in land owned, occupied or used by the Transferee, its successors and assigns for the purpose of operating and main- taining electrical power distribution systems. 10178 (12/84) Form 1 - Land Transfer TaxAct OYE&OURHAMCO LIMITE[~ Form NO Affidavit of Residence and of Value of the Consideration f~,,,..d,~ ~W. ,. Refer to ali instructions on reverse side Page IN THE MATTER OF THE CONVEYANCE OF (ihsert brl~f descnptlOnoffend) Part Block 62, Plan 40M-1488, Picketing (Part 2, Plan 40R-10813) BY (~rint names of all transferors in full) The Corporation of the Town of Picketing Picketing Hydro Electric Commission John Wiersma MAKE OATH AND SAY THAT: [] lb) A trustee named in the above described conveyance to whom the land is being conveyed; [] (d} The authorized agent or solicitor acting in this transaction for insert name(s otprincipal(s)) Picketing Hydro Electric Commission described in paragraph~)Z~,a~,x~, (c) above; (sidLe out references to inappl~.eble paragraphs) I have read and considered the definition of "single family residence" set out in clause 1 ( 1 ) (jo) of the Act. The land conveyed in the above-described conveyance None 4 THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: la) Monies paid or to be paid in cash $ 2- (ii/ Given back to vendor $ lc) Property transferred in exchange (detailbelow) $ rl~J (d) Securities transferred to the value of fdeta# below) $ ]"ti] Must Ele {e) Liens, legacies, annuities and maintenance charges to which transfer is subject $ (f) Other valuable consideration subject to land transfer tax [detail below) $ (g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO LAND TRANSFER TAX (Totalof(aJto(f)) ............ $ 2.00 $ __ ~..~N Where (h) VALUE OF ALL CHATTELS items of tangible personal property Applicable (i) Other consideration for transaction not included in (g) or (h) above $ (i) TOTAL CONSIDERATION $ 2 No relationship - conveyance of ease_m_e_nt from_municipality to utility. 6. If the consideratton is nominal, is the land subject to any encumbrance? Sworn before me at the in the th~s day of 19 88 Property Information Record A Describe nature of instrument Transfer of Easement B. (i) Address of property being conveyed fif available) 1606 Major Oak~ Road~ PJ~k~,~; (ii) Assessment Roll No. (if available) N/A 1920 Bayly Street, Pickering. Ontario L]W 3R6 rd) Legal description of property conveyed: Same as in D Ii) above Yes [] No [] Not known REGISTRATION NO ~ ~ II~- ~---=--.-=_~_~.. _ .~'~-~ - _ ~ ~ ~ ~ - I ~rr~' / ~ ~ / T - - ~'~ '.--~ ' '.-'~1 ~ of Pickering , The Town '' LEGAL DECARTMENT -~.~ ~ .' Grand Oak Homes (Eastern Division ~ ,". Electric Switching Unit Easement ~ ,/~/~ Part Block 62, Plan 40M-1488 (~rt 2, P~an 40R-10813)