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Home My WebLink AboutBy-law 2668/88 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2668 /88 Being a by-law to authorize the execution of a Transfer of storm sewer easement from Duffin Developments Inc. to The Corporation of the Town of Picketing, over Part Lot 21, Concession 2, Pickering (Parts 5, 6 and 7, Plan 40R-10816). WHEREAS, The Corporation of the Town of Pickering requires a storm sewer easement over those parts of Lot 21, Concession 2, Picketing, designated as Parts 5, 6 and 7, Plan 40R-10816, for the purpose of draining storm water through Plan 40M-1512 and pursuant to the provisions of section 193 of the Municipal Act, R.S.O. 1980, chapter 302, the Council of The Corporation of the Town of Picketing may pass by-laws for acquiring interests in 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 storm sewer easement in the form attached hereto as Schedule A, from Duffin Devel- opments Inc. to The Corporation of the Town of Picketing over those parts of Lot 21, Concession 2, Picketing, designated as Parta 5, 6 and 7, Plan 40R-10816. BY-LAW read a first, second and third time and finally passed this 1st day of Febru- ary, 1988. TOWN OF PlCKERING APPRO VED LEGAL THE CORPORATION OF TIlE TOWN OF PICKERING BY-LAW NO, 2668 /88 Being a by-law to authorize the execution of a Transfer of storm sewer easement from Duffin Developments Inc. to The Corporation of the Town of Picketing, over Part Lot 21, Concession 2, Picketing (Parts 5, 6 and 7, Plan 40R-10816). WHEREAS, The Corporation of the Town of Picketing requires a storm sewer easement over those parts of Lot 21, Concession 2, Picketing, designated as Parts 5, 6 and 7, Plan 40R-10816, for the purpose of draining storm water through Plan 40M-1512 and pursuant to the provisions of section 193 of the Municipal Act, R.S.O. 1980, chapter 302, the Council of The Corporation of the Town of Picketing may pass by-laws for acquiring interests in 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 storm sewer easement in the form attached hereto as Schedule A, from Duffin Devel- opments Inc. to The Corporation of the Town of Picketing over those parts of Lot 21, Concession 2, Picketing, designated as Parts 5, 6 and 7, Plan 40R-10816. BY-LAW read a first, second and third time and finally passed this 1st day of Febru- ary, 1988. TOWN OF PICKERING APPR0=VED rEGAL 0;~P~ THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2668 /88 Being a by-law to authorize the execution of a Transfer of storm sewer easement from Duffin Developments Inc. to The Corporation of the Town of Pickering, over Part Lot 21, Concession 2, Pickering (Parts 5, 6 and 7, Plan 40R-10816). WHEREAS, The Corporation of the Town of Picketing requires a storm sewer easement over those parts of Lot 21, Concession 2, Pickering, designated as Parts 5, 6 and 7, Plan 40R-10816, for the purpose of draining storm water through Plan 40M-1512 and pursuant to the provisions of section 193 of the Municipal Act, R.S.O. 1980, chapter 302, the Council of The Corporation of the Town of Picketing 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 storm sewer easement in the form attached hereto as Schedule A, from Duffin Devel- opments Inc. to The Corporation of the Town of Pickering over those parts of Lot 21, Concession 2, Pickerlng, designated as Parts 5, 6 and 7, Plan 40R-10816. BY-LAW read a first, second and third time and finally passed this 1st day of Febru- ary, 1988. TOWN OF PICKER NG APPROVED LEGAL D~:P~. SCHEDULE A ova* ~,.^. ¢o o, TransfedDeed of Land ' Fo~ 1 -- Land Reglsl~ll~ Rel~ Act, 1~ (1) Reglll~ ~ L~dTIU~ ~ 2) Page1 of ~ (3) Pr~ . Ol~k Pr~y I~ll~l) A~I: i (4) Conlld~allon Two ....................... Do.sfaS 2.00 (5) Oe~rlpll[n This ts a: Pro.dy Pro.dy ParcelQ{,:~%n~ ~ ~%-%,Section Part of Lot 21, Concession 2, Town of Pickerinc N~ Prope~ Identifiers Add~t~na~: Regional Municipality of Durham, designated Sc~du.eS~ ~ as parts 5, 6 and 7, on Plan E~ut~n* S~ (6) This (a) R~criDtion ~ (b) Schedule for: (7) Inle~l~ltlte D~menl New Ea~ment A~itional ~R~-asemanb~ Conlain, Pla~Sketch ~ Description ~ Padi. ~ Othe, ~ (8) T~ansfem~s) The Iransfero~ hereby t[ans~ers Ihe land to the transferee and cedifies that lhe transferor Is al least elghl~n y~m old a~ Date o{ SIg~ture , Spouses) of Tranefero~s} I her~y consent to this tran~ction Date of Signature Name(s) Signature(s) Y M O (10) Transferor(s) A~ress ~ Transferee(s) Date of Bt~h .................................. ...... (12) Trmlfer~l) lot Se~e 1710 Kinaston Road, Pickerino, Ontario. LlV 1C7 (13) Transferors) The transleror verifies that to the best ol the iransferor's knowledge and belief this transler does not contravene ~11~ 49 of the ~ Planni~ Act. 19~. Date of Signature "·. Date of Signature I Y MI Oi "~ Y M D ~1 Name and ~ Y I M i O ~... ~ I ~ {14) S~clt~ ~ ~rlnl~l) I ha~ invesflgat~ Ihe title lo this land and to abutting la~ w~,e re~anl and I am satlsf~ Ihal ~ ~ I~ansfer d~s not contravene ~c~ion 49 of Ihe Planning Act 1~. I act i~e~n~ntly ol lhe ~llcltor for ~e t~ansfe~(s) a~ I am an Onlario / >(16) MunlclpilA~rellofP,o~y (17) D.um;nlPrepir~b,: Samuel Osak I~11 Osak and Osak'~'.~Le"dT~a~ferT~ not assigned Barristers and Solicitors, 1000 Finch Avenue West, - Suite 904, DOWNSVIEW, Ontario. ~ ~3J 2V5 TOl.I Schedule S INTEREST/ESTATE TRANSFERRED l. The Transferor hereby transfers to the Transferee the free, uninterrupted and unobstructed right %nd easement to construct, operate and maintain such storm drainage works, together with any appurtenances thereto as may be required from time to time i9, under and across 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 (including replacement with storm drainage works of larger size and capacity) and maintaining the storm drainage works or any part thereof or appurtenances thereto to be constructed, reconstructed, examined, repaired, renewed, replaced or maintained situate on the lands. 2. The Transferor covenants that it shah not erect any building or structure nor place or remove any fill on or from any part of the lands without the express written consent of the Transferee. 3. 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 here- by, or which may ar~se out of the existence or operation of the storm drainage works, provided the Transferee fills in all excavations and as far as is practi- cable restores the surface to the condition existing prior to any entry thereon to exercise the right hereby granted. 4. The Transferor covenants that tt 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 shah 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 of 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 storm drainage works. Sd-che-ule - ' ' From 5 -- ~ R~btmi~on R~omt A~ lm ~,~ P~ ~DDZ~IOH~ AND CITIBANK CANADA beihg the registered o~er of a: (a) Debenture registered on October 16, 1984 as Instrument No. LT 217280; (b) Assignment of Rents registered on Dece~er 6, 1984 as Instrument No. LT 221488; (c) ~benture registered on Dece~er 4, 1986 as Instr~ent No. LT 300917; {d) Debenture registered on August 5, 1987 as Instr~ent No. LT 341730; (e) Debenture registered on August 5, 1987 as Instr~ent No. LT 341753; and (f) Assignment of Leases and Rents registered on August 5, 1987 as Instr~ent No. LT 341760 hereby consents to and agrees in the transfer herein and for itself, its successors and assigns, hereby subordinates and ~stpones all estate, right, title and interest in the land herein to the Transferee for the rights and easements herein contained. Date of ~ ~ Signature CITIBANK CANADA '~' ~{~9 Il I 0 I have authority to bind the Corporation. AND DONALD ANNAN, being the registered o~er of a Charge registered on Nove~er 2, 1972 as Instr~ent No. 230985 hereby consents to and agrees tn the transfer and for himself, his heirs, administrators, successors and assigns, hereby subordinates and postpones all estate, right, title and interest in the land herein to the Transferee for the rights and easements herein contained. Date of / Affidavit of Residence and of Value of the Consideration The CorDoraklon of &he TOWn ~r PIckerin~ C, M. Timothy Sheffield , .. The C~r~ratlen er the Town ~f PIck~rln~ None Iai ~onl~ pg~ or to be pa~ In CAsh .................. . ............. f 2.00 fill GIven b~k Io vendor ............................... f lO~ VALUE OF LANO. BUILOING, FIXTURES AND GOO~ILL SUBJECT TO LANO TRANSFER TAX (Tot.t of fei to fl)l $ 2.~ (J) TOTAL CONSIDERATION ' No relaHonshlp between transferor end kransferee. No S~n ~fo~e me el the TOWR Or Pickerln~ ~,~h. Realon81 Municipality or Durham ~ ~.. ~ Property Information Re.rd A. Oe~fl.tufeoflnltrumen/: Transfer/Deed of Land B. (I} Addreu of ~o~rty ~1~ ~nvey~ ~,~) (11} As~s~nt Roll No. ~) ~/A 17)0 Kingston Road, Plckerlng, Ontario LIV (il) L~al d~r~t~n of motor ty conveyS: Same as In O.(l} above. Ye~ No~ Nol kn~n~ C. M. Timothy SheHield Far L~ Town Solicitor REOISTRATI~ NO. Town of Pickertng 1710 Kingston Road Plckerln&~ Ontario R~lltratlon Date ~IV IC7 'S3 82' GREENMOUNT ST, ~ C4'2 '* G S3 subject Lands ~.~ ~ The Town of Pickering LEGAL DEPARTMENT Duffin Developments Inc. - Storm Sewer Easements - Parts 5-7, Plan 40R-10816