HomeMy WebLinkAboutBy-law 2648/88 TttE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2648/88
Being a by-law to authorize the execution of a
Transfer of certain storm sewer easements in Plan
40M-1509, Picketing, from Grand Oak Homes
(Eastern Division) Inc. to The Corporation of The
Town of Picketing.
WHEREAS, The Corporation of the Town of Picketing requires storm sewer easements
over certain lots and blocks in Plan 40M-1509, for the purpose of draining storm
water through Plan 40M-1509, 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 easements, in the form attached hereto as Schedule A, from Gr. and Oak
Homes (Eastern Division) Inc. to The Corporation of the Town of Picketing over
those parts of Lots 44 and 45, Plan 40M-1509, Picketing, designated as Parts 1
and 2, Plan 40R-10924.
2. The Mayor and Clerk are hereby authorized to execute a Transfer of storm
sewer easements, in the form attached hereto as Schedule B, from Grand Oak
Homes (Eastern Division) Inc. to The Corporation of the Town of Picketing over
those parts of Lots 51 and 52 and part of Block 71, Plan 40M~1509, Pickering,
designated as Parts 3-5, Plan 40R-10924.
BY-LAW read a first, second and third time and finally passed this 18th day of ;
January, 1988. :
/z~ 6hn E. A~fn~derso~, ~ayor .~
Bruce Taylor, ler~
TOWN OF
pi C V,!'77', ! !"t G "
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2648/88
Being a by-law to authorize the execution of a
Transfer of certain storm sewer easements in Plan
40M-1509, Picketing, from Grand Oak Homes
(Eastern Division) Inc. to The Corporation of The
Town of Pickering.
WHEREAS, The Corporation of the Town of Picketing requires storm sewer easements
over certain lots and blocks in Plan 40M-1509, for the purpose of draining storm
water through Plan 40M-1509, 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 easements, in the form attached hereto as Schedule A, from Gr. and Oak
Homes (Eastern Division) Inc. to The Corporation of the Town of Picketing over
those parts of Lots 44 and 45, Plan 40M-1509, Pickering, designated as Parts 1
and 2, Plan 40R-10924.
2. The Mayor and Clerk are hereby authorized to execute a Transfer of storm
sewer easements, in the form attached hereto as Schedule B, from Grand Oak
Homes (Eastern Division) Inc. to The Corporation of the Town of Picketing over
those parts, of Lots 51 and 52 and part of Block 71, Plan 40M-1509, Picketing,
designated as Parts 3-5, Plan 40R-10924.
BY-LAW read a first, second and third time and finally passed this 18th day of
January, 1988.
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2648/88
Being a by-law to authorize the execution of a
Transfer of certain storm sewer easements in Plan
40M-1509, Picketing, from Grand Oak Homes
(Eastern Division) Inc. to The Corporation of The
Town of Pickering0
WHEREAS, The Corporation of the Town of Pickering requires storm sewer easements
over certain lots and blocks in Plan 40M-1509, for the purpose of draining storm
water through Plan 40M-1509, 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 easements, in the form attached hereto as Schedule A, from Grand Oak
Homes (Eastern Division) Inc. to The Corporation of the Town of Picketing over
those parts of Lots 44 and 45, Plan 40M-1509, Picketing, designated as Parts 1
and 2, Plan 40R-10924.
2. The Mayor and Clerk are hereby authorized to execute a Transfer of storm
sewer easements, in the form attached hereto as Schedule B, from Grand Oak
Homes (Eastern Division) Inc. to The Corporation of the Town of Picketing over
those parts of Lots 51 and 52 and part of Block 71, Plan 40M-1509, Picketing,
designated as Parts 3-5, Plan 40R-10924.
BY-LAW read a first, second and third time and finally passed this 18th day of
January, 1988.
./'~6hn E. Andersoi~, Mayor
/ t -:?
/' t~ruce Taylor, ~lerl/
T OW I",1 OF
· Transfer/Deed of Land
Fon~ 1 -- Lend Regislmlk~ Refenfl Act, 1~
(4)
~o ~$ 2.00
(5) Oe~Hpl~e ~is Is a: Pro~ Pm~
~eSn~ pa=~ o~ ~s 44 afl~ 45, ?~an 40H-
N~Pr~ld~tlfl~ designated as Parts 1 and 2, on Plan 40~-10924
A~m~: in the Town of Picketing, in the Regional
sc~ ~ Municipality of Durham.
~nd Titles Division of Durham (~. 40)
Additlon.l:
Schedule []
(5) Thll fa) Redsecripfion ! (b) Schedule for: (7) InfemaVIEalMI Trltlfefred
Document New Easement Addilio~ll
Contil~ Plan/Sketch [], Description [] P&rtles [] Other [] Easement
)(5) Tren~fero~s) The transferor hereby transfms the land fo the transferee ~ c_~.!f!~ ~h-_: ~ *.:2a~f:::-- k st ..... :. ~.:::: '=:--- =_
....................................................... ~ ·. l/J~ ............... Y ~ o
Name(s) Signature(s) ~"~/ // I I
GRAND OAK HOMES (EASTERN DIVISION) INC.
............................................. :. ha.~e, a~t~.Ly..*~ .... ~, ....... ~ ...... I .....
>(9) Spous~s) of Tranltaror(s) I hereby consent lo IhJs transection Dele of Signature
Name(s) Signature(s) Y M D
(I0) Trsostaror(s) Address
forSm, vloe 283? Yonge Street, Suite il01, ?oronto, Ontario, M4N 236
11) Transferee(s) '~R /)' /~ //~ Dale of Birlh
.......................................... .... i !"'
(12) Trsosfere~s) Addmu
forServlce l?10 ~ingston Road, Pickering, Ontario, ;.1v lC7
(13) Transferor(s) The transferor verities that io the best of the transteror's knowledge and belief, thts transfer does not contravene section 49 of the
Planning Act. 1983. Date of Signature Date of Signature
Signature ......................... [ ...... ~... :...I Signature ........................... ~ ...... ;,.. , ;...
I Sollcllot Ior Tranlferor(s) I have explained the effect o! section 49 of the Planning Act, 1983 to the tre~feror end I have mede irlqulrtee of the transferor
~ ID det~rmioe that thls transfer does nol contravene that section and based on the information supplied by the tmnstafor, iD the basf of my knowledge
Z and belief, this transfer does not contravene that section. I am an Ontario solicitor In good standing. Dale of Signature
~J Nameand I Y I M D
~. I Address of e~ , ~ !
O ~ So~clto~ ~.gna.ure .........................................
~1 .;~ I (14) SoSc.or far Tren.feree(.) I have investigated the title to this land and to ebuttlng ,.nd where re.nt and I .m satisfied ,hat the title record.
i=~{~1 reveal no contrevenflon as set out in subclause 49 (21a (c (il)olthePlenningAcl. lg63 and thet to lhe best of my knowled~l? and belief this
~1;'; ~1 transfer does nol contravene section 49 ol the Planning Act t963. I act Independently of the solicitor far the transferor(s) and I am an Ontario
~li~ solicitor in good standlng.
a. la;s_ I Name and Date of Signalure
Iai signa, re ................................ , ........
I I
(15) Assent Roll Numberj Cry. ' Mun.' Map ' Sub. I Par.i Ill;~ Fee~ and
of Property ! i ! NOT ASSIGNED ~11
(15) Municipal Addre~ of Prope~y (17) Donuroent Pre, Ired by:. I mil------r-_
NOT ASSIGNED GOLDMAN, SPRING, Icel~LandTransfe, T"~
SO ARTZ I 11
40 Sheppard Avenue West,
Suite ~00. I~11
North York, Ontario, M2N 6K9 I~zll
% ,. (Allan Goldman) , J~]l TOfol
Schedule ""'
Ontario S
Form $ -- Lind Reglllratlon Reform A~, 1~
II~I~R~ST/~S TAT~ TRANS~-m~R]~
The Transferor hereby transfers to the Transferee the free, uninterrupted
and unobstructed right and easement to construct, operate and maintain such
storm drainage works, together with any appurtenances thereto as may be
required from ti~e to time £n, under and across the lands herein
described, together wi th 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 t/mes 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
maintained situate on the lands.
The Transferor covenants that it shall not erect aJly 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 frc~ 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 or operation of the
storm drainage works, provided the Transferee fills in all excavations and
as far as ia practicable, restores the surface to the cor~ltion existing
prior to any entry thereon to exercise the right hereby granted.
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 TYansfer shall be binding upon and shall enure to the benefit of the
parties hereto and their respective successors and assigns.
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 maintaining storm drainage works.
- Sched
o, ule
Fort. 5 -- Land R~gMr~lon Refo~ Act. 19~4 ~
ADDZTZONAL SZGNATORZ~
AND THg BANK OF NOVA SCOTZA, being ~he reglsbe~ed o~ne~ o~ a Cha~e ~e~s~e~ed as
Zn~umen~ Numbe~ gT 21~73~ on ~he 11Lh day o~ September, 198~, hereby consents ~o and
a~ee5 ~n ~he ~ans~e~ he~e~n and ~o~ i~selC, t~ successors and assigns, hereby
subordinates and postpones all es~aLe, ~t~h~, ~le and inLere~ in ~he lands he~eSn
~o ~he T~ans~e~ee ~o~ ~he ~h~ and ea,emen~5 he~e~n con~aSned.
Po~e~ o~ ALSo,ney ~e~$sbe~ed on Apr~l 28, 1986 a~ Zns~umenL LT268167 tn ~he Land Re~ts~Py
O~ice ~o~ ~he Land T~les Division o~ Durham (No. ~0).
The ALLo~ney s~a~es ~haL ~o ~he besL o~ ~be aLSo,ney's knowledge and bel~e~, ~he Po~e~
o~ A~Lo~ney ~ s~ill ~n ~o~ce and e~ec~.
The A~o~ney s~a~e3 LhaL ~he a~o~ney Ss, a~ ~he ~ime o~ execuLion o~ ~h~s ~ns~umen~,
~he ho~de~ o~ ~he o~ce ~e~e~ed ~o be~o~.
Date of Signature
THE BANK OF NOVA SCOTIA - ENCUMBBANCER Y D M
Lja~,~nt. Ge~em$ M[~ ...............
Schedule
Ontario S
Fonm S -- Lind Rqblm#on Refoml A~ 1~
p~ 4 of 5
AND NORTHLAND BANK, In Liquidation, being the registered owner of a Debenture
registered as Instrument Number LT 214737 on the 11th day of September, 1984,
hereby consents to and agrees in the transfer herein and for itself, its
successors and assigns, hereby subordinates amd postpones all estate, right,
title and interest in the lands herein to the Transferee for the rights and
easements herein contained.
TOUCHE ROSS LIMITED has been appointed liquldator of the estate and effects of
Northland Bank under The Winding-up Act, R.SoCo 1970, Co W-10, a~ amendments
thereto pursuant to an Order of the Court of Queenes Bench of Manitoba dated the
20th day of January, 1986, a certified copy of which Order was registered in the
Land Registry office for the Land Titles Division of Durham on the 13th day of
May, 1987 as Instrument LT 324335.
Date of Signature
NORTM/~AND BANK, In Liquidation - ENCUMBRANCER Y
by its Liquidator .
Touche Ross Limited
M.W. ?i11~
Form 1 - L.nd Trensf.r T~x Act
Affidavit of Residence and of Value of the Consideration
IN THE~MATTER~o~.OF TH4__~ CONVEY~ ~,CE
Pickering
(Parts 1 and 2~ Plan 40R-10924)
Grand Oak Homes (Eastern Division) Inc.
The Corpo~s~[o. o[ ~he To~n o[ P~cke~nK
C. M. Timothy fihe[field
MAKE OATH AND SAY THAT:
The CorDoraUon of ~he Town of Pickerin~
Is) Monl~ pa~ or to ~ ~e~ tn cmh ' S 2.
(blMort~ (I) A~m~ ~~t~c~~.~) ....... $ nil
UI) G~en ~k to ve~or ............................... $ nil
(g) VALUE OF LAND. BUILDING. FIXTURES AND GOODWILL SUBJECT TO
LAND TRANSFER TAX ITotalof(a) to (fl) ........................ $
Nn relatinns~p h~een trnq~Rrnr~nrl
T:ans[e: of s[o:m se~e: easements [oa mun~c~pa[~[v Gu:sueR: [q Subdivision
Aq:eemen: :equ~:emen[s.
Swo~lore~atthe TOW~ of Picketing
I~the Regional Municipality of Durham
tha ll~h dayof January, m 88
Commissioner ,0, teklng A,fidavits. etc. C.M. Tlmoth~l'field
Property Information Record
A. ~e~:rlbe nature of instrument: Transfer/Deed of band
n/a
1710 Kln~[ston Road, Pickering, Ontario LI[V 1(~7
Ill) Legal description of prooerty conveyed: Same as in D.(i) above. Yes F'~ No O Not known
C. M. Timothy Sheffield For Lamd R~ll~i~y Offlee
Town Solicitor REGISTRATION NO.
Town of Pickering Land RegistryOfflceNo.
1710 Kingston Road
Pickering, Ontario neglslralion Date
LIV IC7
SCHEDULE B o,~ ~ ~,~., co ..~-~o
o, Transfer/Deed of Land
..... Omario
Feat I -- L~ RegMm~ Rd~ A~ 1~
(11 R~tq ~ L~d TIll ~ ~21 P~l 1 ~ 5 ~
(3) Pr~ 81~k Pr~
(4) C~II~I~ ~
~O Doll.s $ 2 . 0 0
(5) DlKdptlon This la a; Pfo~dy Pro~y
Division ~ ~lidation ~
Part of Parcel Plan-1
Section 40M-1509
New Properly ldantifiers being part of Lots 51 and 52, and part of BlockX 71
^~it~na~: ~, Plan 40M- 1509 designated as Parts 3, 4,
S~um E 5 ~ on Plan 40R- 10924
in the Town of Pickering, in the Regional Municipality
Es~ouf~M of Durham.
Additional: Land Titles Division of Durham (No. 40)
(61 This fa) Redescriptio~ ~ (b) Schedule for: I (71 Inlarest/Eltata Transfer'ed
Document New Easement ; Additional I
Conlafns Pla~,'Sketch [] i Description [] Ps,rise [] Other [] Easement
~(81 Transfero~(s) The transferor hereby translers the land to the transferee ~.7.-~ ......... " ..... ::--=cfc:c: :; c.: .ccc: ;: %.:_;.. ;;;; ;:_~ ;.-.~
'///~ / ~ Dam ~ Signature
GRAND OAK HOMES (EASTERN DIVISION) INC. ./~---/ I 11987 12 icg
........... . ............................. ......... ] ...... i -
I have authority to bi~ ] ! .
the Corporation : ~ '
?(g) Spouse(s) el Transleror(=) I hereby consent to this transaction
Name(s) Signature(s) Y M D
(10) Transferor(s) Address
lo, Servel 2837 Yonge Street, Suite 1101, Toronto, Ontario, M4N 2J6
>(111 Translates(s) .. r ~/' // ~ Date of
Bruce Taylort Clerk ~ .... ~ ....
(121 Translerse{s) Address
forServlce 1710 Kingston Road, Picketing, Ontario, L1V lC7
(131 Transferor(s) The transferor verifies Ihat to the best of the transistor's knowledge and belief, this Ira~sfer does not contravene section 49 of the
Planning Act, 1983. Date of Signature Data of Signature
-OI Name and ! Y : M i O
~ I Address of _. = t :
~1 SOhcltOl' ~lgnsture .........................................
I ~'~, reveal no contravention as set out in subclause 49 (21 d) (c) (ii) of the Planning Act. 1983 s~d that to the best of my knowledge and belief thi~
;= I ~ ~ solicito~ in good standing.
I~J S'gnature ........................... . ..... ~ ........
lB) ~uok;INI A44rese ol Proi~rt~ (17) Donumenl Pre~a~ bF.
NOT ASSIGNED SCHWARTZ & KICHLER
40 Sheppard Avenue West,
Suite 700,
North York, Ontario, M2N 6K9
· %(Allan Goldman) ~'~'JJ. Tot~
~MT~Um?/~STATB TRAHSF~RR]~
!. The Transferor hereby transfers to the Transferee the free, uninterrupted
and unobstructed right and easement to construct, operate and maintain such
storm drainage works, together with any appurtenances thereto as may be
required from time to time in, under a~d across the lands herein
described, together with a right of the Transferee, its successors and
assigns a~d l~s and their servants, agents and workmen, with all necessary
equipment, machinery and vehicles to enter upon the lands at all ~/mes 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 ~ be
constructed, reconstructed, examined, repaired, renewed, replaced or
maintained situate on the lands.
2. The T~ansferor covenants that it shall not erect any building or structure
nor place or remove any fill on or fr0~ any part of the lands without the
express written consent of the Transferee.
3. The Transferor hereby releases the Transferee from any elsie 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 or ogeration of the
storm drainage works, provided the Transferee fills in all excavations and
as far as is practicable, restores the surface to the condition existing
prior to any entry thereon to exercise the right hereby granted.
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 u~on and shall enure to the benefit of
parties hereto and their respective successors and assigns.
LMm m~mFx'rm (noeu:t,tMrr 'rmea,m~r)
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 maintaining storm drainage works.
Schedule
F~m ~ -- Land R~lmtlml Relon'n A~ 1~4
3 of 5
~AddllJon~Propedyl~ntl~) ~orOIherlnloematlo~.
ADDITIONAL SIGNATORIES
AND THE BANK OF NOVA SCOTIA, being the registered owner of a Charge registered as
Instrument Number LT 214734 on the llth day of September, 1984, hereby consents to and
agrees in the transfer herein and for itself, its successors and assigns, hereby
subordinates and postpones all estate, right, title and interest in the lands herein
to the Transferee for the rights and easements herein contained.
Power of Attorney registered on April 28, 1986 as Instrument LT268167 in the Land Registry
Office for the Land Titles Division of Durham (No. 60).
The Attorney states that to the best of the attorney's knowledge and belief, the Power
of Attorney is still in force and effect.
The Attorney states that the attorney is, at the time Of execution of this instrument,
the holder of the office referred to below.
Date of Signature
THE BANK OF NOVA SCOTIA - ENCUMBRANCER Y D M
Schedule
Form 5 -- Land Regalia#on Refrain A~ 1~ 40 ~ ~ S
AND NORTHLAND BANK, In Liquidation, being the registered owner of a Debenture
registered as Instrument Number LT 214737 on the 11th day of September, 1984,
hereby consents to and agrees in the transfer herein and for itself, its
successors and assigns, hereby subordinates an~ ~ostpones all estate~ right,
title and interest in the lands herein to the Transferee for the rights and
easements herein contained.
TOUCHE ROSS LIMITED has been appointed liquidator of the estate and effects of
Northland Bank under The Winding-up Act~ R.S.C. 1970, c. W-10, and amendments
thereto pursuant to an Order of the Court of Queen's Bench of Manitoba dated the
20th day of January, 1986, a certified copy of which Order was registered in the
Land Registry office for the Land Titles Division of Durham on the 13th day of
May, 1987 as Instrument LT 324335.
Date of Signature
NORTHLAND BANK, In Liquidation - ENCUMBRANCER Y
by its Liquidator
Touche Ross Limited Per:
Form t - L.nd Tremfor Tax Act
Affidavit of Residence and of Value of the Con~ider~lon
IN THE MA~TER OF T~E COnVeYaNCE ~F
Part ~ts 5~ an~ ~z.an~ part of Block 71, Plan 40M-1509~ Pickerin~
(Parts 3, 4 and 5, Plan 40R-10929)
(Eastern Division) Inc.
The Corporation o[ the Town of PickerJnR
C. M. Timothy Shefff~e~d
MAKE OAtH AND ~Y THAT:
The CorooratJon o[ the Town o[ PJcker}n~
~ contel~ st Iee~t one ~.d no~ more than ~wo si~e f.mlly red.encee. ~e: Cia~e 2(~) (d) Im~s an
NOn=
4. THE TOTAt CON~lOERAT~ON FOR THIS TRANSACTION ~ A[tOCATEO A~ FOt~O~:
H~t G~en ~k m ve~o~ ............................... $ nil
(g) VAtUE OF tANO. BU~tOING. FIXTUR~S ANO GOOd, ti SUSJSCT ?O
[ANO TRANSF~8 TAX fToMI of (~; ~ (~) ........................ ~ ~-~
(I) Oth~ com~at~n for tran~t~n ~t includ~ In (g) or (h) eb~e ...........................
Nn rRI.tlnn;hip h~tw~n tr~n~[~rnr ~nd tr~n~;~r~R.
· =ans~e= o[ s~o=m se~e= ease~en[s [o a mun~c~pa[~[y p~=suan[ [o S~d~v~s~on
~=eemen[ =eq~=e~enbs.
Swo;n~lore~eit~ TOW~ of Pickerin;
i~ihe Regional Municipality of Durham
this 12th dayof January lo 88
C. M.
Property ~n~orm.tion Re.rd
n. O*~r~ nm~u,eo~n,~,ume.~: Transfer/Deed of Land
n/a
1710 Kl.gston Road, Pickering. Ontario L[V
D. ~1) R~ist~etlon .um~ for lest conv~ence ol Dro~rtV ~i.g co~ R~;
{lit L~al de~H~t~, of ~,omrty coneyS: Some es I. D.{Ii ab~. Y~ ~ No ~ Not k~.
E. Ns~{s) ~ ~ress(es) of e~h trensfer~'s ~l~ilo~ For La~ R~I~
C. M. Timothy Sheffield
TOWR Solicitor REGISTRATION NO.
Town of Pickerlng L.~
1710 Kingston Road
PJckerJng, Ontario ~,tr.tlo.
LIV IC7
~JECT L~NDS
[ ~' , ,
/
/
The Town of Piclering
LEGAL DEPARTMENT
Grand Oak Homes
Storm Sewer Easements
Plan 40M-1509, Pickering