HomeMy WebLinkAboutBy-law 2649/88 THE CORPORATION OF TttE TOWN OF PICKERING
BY-LAW NO.2649 /88
Being a by-law to authorize the execution of a
Transfer of certain storm sewer easements in Plan
40M-1510, Picketing, from Grand Oak Homes
(Eastern Division) Inc. to The Corporation of The
Town of Picketing.
WHEREAS, The Corporation of the Town of Pickering requires storm sewer easements
over certain lots in Plan 40M-1510, for the purpose of draining storm water through
Plan 40M-1510, 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 Pickering
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 Grand Oak
Homes (Eastern Division) Inc. to The Corporation of the Town of Pickering over
those parts of Lots 13 and 14, Plan 40M-1510, Pickering, designated as Parts 1
and 2, Plan 40R-10920.
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 37 and 38, Plan 40M-1510, Picketing, designated as Parts 1
and 2, Plan 40R-10922.
BY-LAW read a first, second and third time and finally passed this 18th day of
January, 1988.
f ~:il~n ~E~-Anderson, [vlayor
Br'uc'e Taylor, Cl~rk/
TOWN OF
~ICKERING
APPROVED
S TO FORM
'.. .EGAL DEP'~
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO.2649 /88
Being a by-law to authorize the execution of a
Transfer of certain storm sewer easements in Plan
40M-1510, Picketing, from Grand Oak Homes
(Eastern Division) Inc. to The Corporation of The
Town of Picketing.
WHEREAS, The Corporation of the Town of Pickering requires storm sewer easements
over certain lots in Plan 40M-1510, for the purpose of draining storm water through
Plan 40M-1510, 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 Pickering
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 13 and 14, Plan 40M-1510, Picketing, designated as Parts 1
and 2, Plan 40R-10920.
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 Pickering over
those parts of Lots 37 and 38, Plan 40M-1510, Pickering, designated as Parts 1
and 2,-Plan 40R-10922.
BY-LAW read a first, second and third time and finally passed this 18th day of
January, 1988.
TOWN OF
PlCKERING
APPROVED
S TO FORM
LEGAL D EP"~.
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2649 /88
Being a by-law to authorize the execution of a
Transfer of certain storm sewer easements in Plan
40M-1510, Pickering, from Grand Oak Homes
(Eastern Division) Inc. to The Corporation of The
Town of Pickering.
WHEREAS~ The Corporation of the Town of Pickering requires storm sewer easements
over certain lots in Plan 40M-1510, for the purpose of draining storm water through
Plan 40M-1510, 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 Pickering
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 13 and 14, Plan 40M-1510, Picketing, designated as Parts 1
and 2, Plan 40R-10920.
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 Pickering over
those parts of Lots 37 and 38, Plan 40M-1510, Pickering, designated as Parts 1
and 2, Plan 40R-10922.
BY-LAW read a first, second and third time and finally passed this 18th day of
January, 1988.
~'6n' ~E f-Ander son, IViayor
;/' Bruce Taylor, Cl~rk/
TOWN OF
PICKERING
APPROVED
iS lO FORM
_EGAL D r_ P~/
des$~na~ed as Par~s ~ and 2 on P~an q0R-
~ E Land Titles Division of Durham (No. 40)
(e) Th~ (a) R~cdpt~ [(b) Schedule for: I (~ InM~ T~
C~ Pm~ketch ~ :1 O~i~n ~ Pa.i. ~ Ot~ ~ ~sement
GRAND OAK HOMES EASTERN DIVISION) INC. . ~...~.~ ...... ~. ~.~ 09
' <Oats o~ S~netu~
>(9) S~u~e) of Tmnsf~o~e) I ~y con~nt to this tran~cti~
Na~(s) $ig~tu~s) Y M
forS~ 2837 Yonge S~ee~, Suite ~102, To~on~o, On~a~to ~N
" ' Date of Bi~h
<. John E. Anderson, Mayor {.1988t 01~
(12) Trmef~l) Ad~
(13) Tr~lfiro~l) The transferor verifies that to the best of the translator's knowl~ge and ~lief. this transfer do~ not contravene ~ti~ 49 of the
Plennl~ ~. 1~. Oate of SIg~tum Date of Signature
Sollcll~ f~ Tranllemf(i) I have explain~ t~ eff~t ~ ~tl~ 49 of the Planning Act 1~ to the tra~f~ a~ I ~ m~e I~ulflM of t~ transfer~
to ~t~lne that this tra~f~ d~ ~t contravene thM ~1~ a~ ~ on t~ information au~l~ ~ t~ tm~f~or, to t~ ~t of ~
and ~l~f, this transfer d~ ~t ~travene Ihat ~tion. I am an Ontario solicitor In ~ s~ndl~. Date of SIg~tum
Addr~ ~ Signature ........................................
(14) ~ ~ T~e) I ha~ I~stiget~ t~ title to this Fend a~ to a~fllng la~ W~m re~ a~ I em ~tlsf~ t~t ~ t~e
~ ~ ~tra~nti~ as ~t ~t in su~lause 49 (21a) (c) (11) of t~ Pianni~ ~t, 1~ ~ that to ~ ~ of ~ kn~ a~ ~lief thle
trans~ ~s ~ c~tr~ ~tl~ 49 of the Planning A~ 1~. I act I~e~n~t~ of ~ ~ltor f~ t~ trenef~(s) e~ f im Iff
Name a~ Data of 5~nature
A~r~ ~ Y M O
Signature. . '
M Pr~ (17) D~u~nt P~r~ ~
NOT ASSIGNED Goldman, Spring, Schwartz
-~ and Kichler
60 Sheppard gvenue
"~ Su~e
~0~73 (~2~4)
o, Schedule
' ' Form S ~ Land Reglllrl~tofl Refon~ Act, 19~4
page2 of 5
~Ad~lUonal Property Identlfle~.) end/or Olher Infarmellon
1, The Transferor hereby transfers to the Transferee the free, uninterrupted
and unobstructed right and easement to constructt operate and maintain such
storm drainage works, together with any appurtenances thereto as may be
required from ti,~ to time in, 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 shall 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.
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 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 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 upon and shall enure to the benefit of the
parties hereto and their respective successors and assigns.
7. The benefit of ~ls ~ansfer and all of ~e covenants con~ained herein
shall r~ wi~ all o~er lands a~ lnteres~ in la~ o~ed, occupied or
used by ~e ~ansferee, its successors and assigns for ~e ~r~se of
operating a~ maintaining sto~ drainage works.
Form 5 -- Land R~tmtlon Refomt Act, 19~4
Pege 3 of 5
ADDITIONAL SIGNATORIES
AND THE BANK OF NOVA SCOTIA, being the registered owner of a Charge reEistered as
Instrument Number LT 21~734 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 contain~d.
Power of Attorney registered on April 28, 1986 as Instrument [T268167 in the Land Registry
Office for the Land Titles Division of Durham (No. 40).
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
Ass~ton~Gene Fo14~cmc~;e/
· o, Schedule
Form ,S -- Llfld Iq~blrMlofl Reform Act, 1~ 4
geqi.[eged a~ ~n.~en[ Numbe= ~Z 214737 on [he 11~ ~ay o~ Sep[embeg, 1984,
hereby consents ~ and aqrees in ~e transfer ~rein ~d for itself, its
successors and assiqns, hereby subordinates a~ ~stpones all es~te, riqht,
title ~d interest in ~e lands herein to ~e ~ansferee for ~e riqhts
easemen~ herein contained.
~UCHE BOSS LIHITED has ~en ap~inted liquidator oi ~e estate and effects of'
Northla~ Ba~ under The ~indinq-up Act, R.S.C. 1970~ c. ~-10~ a~ amendments
thereto pursuant to an Order of ~e Court of ~een~s ~nch of ~nito~ dated
20~ day of January, 1986, a certifi~ co~y of vhich Order ~as reqister~
~nd Reqistry Office for ~e ~nd Titles Division of ~rh~ on ~e 13th day of
Hay~ 1987 as Instrument LT 324335.
Date of
NORTHL~D BANK, In Liquidation - ENCUMB~NC~ Y /~
Touche Ross Limited ~~ "'"
.................. er: ....
H.W. Pilli~
Form I - Lind Trlnsf~r ~lX Act
Affidavit of Residence and of Value of the Consideration
Refer
THE MATTER OF TIlE CONVEYANCE OF
(Parts 1 an~ 2~ ~lan 40R-10920} .
Grand Oak Homes (Eastern Division) Inat
The Corporadon of ~he Town of
C. M. Timothy Shefiield
The Corvoration of the Town o[ Pickerin!
{Ill Given ~k lo ve~or ............................... $ nil
(gl VALUE OF LANO, BUILDINg, FIXTURES ANO GOO~ILL SUBJECT TO
LANO TR~SFER TAX ~T~I~w/1~ ~ ........................
Nd rRl~tlnn~j~ hetw~n trmm[erdr
~wo~n~io~m~l I~ Town of Picketing
In lhe Regional Municipality o[ Durhmn '
o,~, 12~ d~yo~ January, m88
ACommll,looa¢lorlaklngAIIklovll,..,c. C, M. Tlmoth~"tfleld
Property Information Record
A. DeK;rl~NInSlurlol In$lrumenl:. Transfer/Deed of Land
a. (ti Add~ea il proper ly being conveyed (# ~ n/a
(11) Al.tallmant Roll.No. [a,~ n/a
17[0 KInRston Road. PIckerinR. Ontario LIV [~7
C. M. Timothy She[~ield
Town Solicitor REGISTRATION NO.
Town o[ PIckering La~R~isl;yOnlceNo.
1710 Kingston Road
Pickering~ Ontario R~lstratlon Dale
LIV IC7
SCHEDULE B
~ e,o.,nc. A
, o, Transfer/ueea o[ Land
E
(4)
~1~$ 2.00
(5) DeK~pl~n ~is is a: Pro~.y Pro~y
Division ~ Con~l~atioa ~
Pa~t of Parcel Plan-l, Section ~0M-1510
bein~ pa~t of Lots 37 and 38, Plan 40M-1510
N~Pr~d~ti~e~ designated as Pa~ts ~ and 2, on Plan 4OR- 10922
A~I~I: TOUR Of Picketing, ReEional Municipality of Durham
Land Titles Division of Durham (No. 40)
(e) T~ (a) R~ipt~ ~ b Schedule for: (T) In~l~iMle
Con~ Pm~Sketch ~ ~ ~lpt~n ~ Pa.i. ~ Ot~ ~ EASEMENT
>(81 TimOroUs) The tra~fer~ hereby tra~fem the ~nd to .............................
GRAND OAK HOMES (EASTERN DIVISION) INC. ~/. Z~ ...... X, ] 1987 I 12! 09
)(9) S~s) of Transf~o~s) I ~y contra to this tran~cfi~
Date of
(101 TmilMo~)
for8~ 2837 Yonge Street, Suite ~01, To~onto, Ontario. N~N 2J6
[1988 01 11
(121 Tr~if~) A~
for8~ 1710 Kingston Road, Pickering, Ontario. L1V 1C7
> (13) ~r~slero~l) The transferor vedfles thai to lhe best of the transferors k~wledge and belie[ Ibis lra~sfer does aot contravene ~tl~ 49 of
I ~i~ ~' 1~. Date of Si9~ture Date o; Signalure
~ ~d ~lm~. ~i~ transfer d~ .o~ c~tmve~ Ih8~ ~11~. I am a~ Ontario solicitor in ~ standing. Date of Sig~tum
~ I~l N~e ~ Date ol Smnature
~(16) Mun~ A~ ol Pr~ (17) D~I Pr~ ~
~ , .~(Allan Goldman) ~-dl To~
Schedule
Ont~io
Fonu S -- Land Regllballon Reform Act, 19M q~
Page 2 of 5
· Addltk~l Properly Idenlllt~l) m14/or OIh~' Inlomlallos
Z~TER~ST/ESTAT~ T~ANS FERR~D
The Transferor hereby transfers to the Transferee the free, uninterrupted
and unobstructed right and easement to construct~ operate an~ maintain such
storm drainage works, together with any appurtenances thereto as may be
required fro~ time to time in, under and across the lands herein
described, together with a right of the Transferee, its successors and
assigns and its and thet£ 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 capac£ty) 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 shall not erect any building or structure
nor place or remove any fill on or frcx~ any part of the lands without the
express written consent of the Transferee.
The Transferor hereby releases the Transferee fr~ 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 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 the
parties hereto and their respective successors and assigns.
7. The benefit of this Transfer and all of the covenants contained herein
shall ru~ with all other lands and interests in land o~ed, occupied or
used by ~e ~ansferee, its successors and assigns for ~e ~r~se o~
operatin~ a~ maintaining sto~ d~ainage works.
. o.,. Sched u le
Form S -- Lind R~b~l#on Reform Act, 1984 11~
3 of 5
'XdMllonM Pro~n~ Idenllh~il ~M Other Inhx'matMn
ADDZTIONAL SIGNATORZES
AND TNE BANK OF NOVA SCOTIA, belng the registered owner o£ a Charge registered as
Instrument Number LT 2iq73~ on the [ith day o£ September, 198q, hereby consents to and
agrees ~n the transfer hereSn and ~or ~tse~, ~t$ successors and assSgns, hereby
subordlna:es and postpones a~i estate, rSght, t~tle and Snterest Sn the iands here~n
to the Trans£eree ~or the rights and easements here~n contained.
Po~er o£ Attorney registered on Apr~ 28, ~986 as ~nstrument LT2~8167 ~n the Land Reg£stry
O££ice ~or the Land Titles D~v~a~on or Durham (No. 40).
The Attorney states that to the best o£ the attorney's knowledge and bel~e£, ~he Power
o£ Attorney is stol! ~n £orce and e££ect.
The Attorney states that the a~torney is, at the t~me o£ execution o£ th~s tn~trument,
the holder o£ the o££ice re£erred to below.
Date of Signature
THE BANK OF NOVA SCOTIA - ENCUMBRANCER Y D M
ADD!T!ONAL SI GNA_TOR I ES
AND NORTHLAND BARK, In Liquidation~ being the registered o~er of a Debenture
registered as Instrument Number LT 214737 on the 11~h day of September, 1984,
hereby consents to and agrees in the transfer herein and for itself, its
successors and assigns~ hereby subordinates and post~ones all estatet 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 a~d effects of
Northland Ba~k under The Winding-up ~¢~, R.S.C. ~970, c. %4-10, and amendments
thereto pursuan~ ~o an Order of the Cour~ of Queen's Bench of Manitoba dated the
20th day of January, 1986, a certified copy of ~hich Order was registered in the
Land Registry Office for the Land Tit~ee Division of Durham on the 13th day of
May, 1987 as Insrrumen~ LT 324335.
Date of Signature
NORTHLAND BANK, In Liquidation - ENCUHBRAHC~ Y /~ D /~ M/~
by its Liquidator
Touche Ross Limited ~.,-~T~,,,~_.,~
................. Fvr ...........
~.~. Pill£~"
Affidavit of Residence and of Value of the Consideration
Part LOts 37 and 38. Plan 40M-1510~ Pickerlng
(Parts 1 and 2, Plan 40R-10922) .
Grand Oak Homes (EasterR Division) ThC.
'~ Corporation of the Town of Picketing
C. M. Timothy Sheffield
The Cornoration of the Town of Pickering
None
(ti) Given back to vendor ............................... $
J~[o_EelatJ~trlshlp~e. Lween transf~rl~r -nd_tnsn.nferee.
Transfer o~ storm sewer easements to a municipality pursuant to s~b~iviaion
Agreement requirements.
Sworn before me at the Town of Picketing
~.the Regional Municipality of Durham
this l 1 th day of January ~988
ACommlssioner,orteklngAffidavlts. etc. C.M. Timoth~e'[fleld
Property Information Record
A. Describe nalure ol Instrument: Transfer/Deed of Land
l?lO K~n~ston Road, Picketing, O~tario ~IV IC7
Iii) [~el de~riDtlon of ~o~ly ~vey~: Same as in ~.(i) above. Yes ~ No ~ ~ot kn~n ~
C. M. Timothy Sheffield
Town Solicitor REGISTRATION NO.
Town of Pickering L~ R~is~ry OUl~ No.
1710 Kingston Road
Picketing, Ontario R~istrstto. O.~e
~IV IC7
SUBJECT LAN~S
r- ~'
'o ~ ~
~ ' " The Town of Piclmring
....'"""""'""-'"" - LEGAL DEPARTMENT
Grand Oak Homes
Storm Sewer Easements
Plan 40M-1510, Pickering