HomeMy WebLinkAboutBy-law 2680/88 CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 26B0~88
Being a by-law to provide for the exchange of
lands in Plan 228, Pickering and in Plan
40M-1320, Picketing, to provide for the establish-
ment of the Altona Road Storm Water Detention
Pond.
WHEREAS The Corporation of the Town of Picketing requires a storm water detention
pond located in part on Lots 10 and 11, Plan 228, Picketing, and in part on Block
37, Plan 40M-1320, 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 acquiring and disposing of interests in lands;
NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY
ENACTS AS FOLLOWS:
1. The Town Solicitor is hereby authorized, on behalf of The Corporation of
the Town of Picketing, to accept for the sum of $2.00, a Transfer in the
form attached hereto as Schedule A of that part of Lots 10 and 11, Plan
228, Picketing, designated as Part 1, Plan 40R-9567 for the purpose of
providing for the Altona Storm Water Detention Pond.
2. The Mayor and Clerk are hereby authorized, on behalf of The Corporation
of the Town of Picketing, to execute a Transfer in the form attached
hereto as Schedule B, transferring for the sum of $2.00, a temporary
access easement over that part of Lots 10 and 11, Plan 228, Picketing,
designated as Part 1, Plan 40R-10499, for the purpose of providing
temporary access to the adjacent owner.
3. The Mayor and Clerk are hereby further authorized, on behalf of The
Corporation of the Town of Picketing, to execute a Transfer in the form
attached hereto as Schedule C, transferring to the adjacent owner, for
the sum of $2.00, that part of Block 37, Plan 40M-1320, Picketing, des-
ignated as Part 1, Plan 40R-10500, which lands are not required for the
Altona Storm Water Detention Pond.
BY-LAW read a first, second and third time and finally passed this 15th day of
February, 1988.
I 5 ? rson; Mayor
~o 10 *'.2;.:¥:t ruce Taylor, l~k
I.E.(.' L ~ :.
TIlE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2680/88
Being a by-law to provide for the exchange of
lands in Plan 228, Pickering and in Plan
40M-1320, Pickering, to provide for the establish-
ment of the Altona Road Storm Water Detention
Pond.
WHEREAS The Corporation of the Town of Pickering requires a storm water detention
pond located in part on Lots l0 and 11, Plan 228, Pickering, and in part on Block
37, Plan 40M-1320, Pickering; 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 Pickering, may pass
by-laws for acquiring and disposing of interests in lands;
NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY
ENACTS AS FOLLOWS:
1. The Town Solicitor is hereby authorized, on behalf of The Corporation of
the Town of Picketing, to accept for the sum of $2.00, a Transfer in the
form attached hereto as Schedule A of that part of Lots 10 and 11, Plan
228, Picketing, designated as Part 1, Plan 40R-9507 for the purpose of
providing for the Altona Storm Water Detention Pond.
2. The Mayor and Clerk are hereby authorized, on behalf of The Corporation
of the Town of Picketing, to execute a Transfer in the form attached
hereto as Schedule B, transferring for the sum of $2.00, a temporary
access easement over that part of Lots 10 and 11, Plan 228, Picketing,
designated as Part 1, Plan 40R-10499, for the purpose of providing
temporary access to the adjacent owner.
3. The Mayor and Clerk are hereby further authorized, on behalf of The
Corporation of the Town of Pickering, to execute a Transfer in the form
attached hereto as Schedule C, transferring to the adjacent owner, for
the sum of $2.00, that part of Block 37, Plan 40M-1320, Picketing, des-
ignated as Part 1, Plan 40R-10500, which lands are not required for the
Altona Storm Water Detention Pond.
BY-LAW read a first, second and third time and finally passed this 15th day of
February, 1988.
-- ~'6hh E..~t-~rson, Mayo/r/f/
TOWN OF I ~ ~"
~o 10 ~ .~.:'. J ~ruce Toy or, ]~k
SCHEDULE A o~.~.~co ~,~,,~o
~,~ O.tarlo°fProvince Transfer/Deed of Land A
Form 1 -- t~nd Re~stratlon Reton'n Ac~ 1~
(1) R~IW ~ L~dTI~ ~ ~(2) Pagal of ~ ~
(3) P~ 61~k Pr~
E
(4) C~M~n ~
Two g. 00
Dollam $
(5) Oe~pl~n This is a: Pro.dy Pro.dy
Division ~ ~lldation ~
Part of Lots 10 and Il, Plan 228, being
Part 1, Plan 40R-9567
New Properly Identifiers
Town of Picketing
Regional Municipality of Durham
see
(6) Tlfll (e) Redescrlptlon (b) Schedule for: (7) Fee Simple
Doeumertt New Easement Additional
; Description [] Parties [] Other []
ConlMns Plan/Sketch []
t Transferer(a) The transferor hereby transfers the land to the transferee and carttties that the transferor ia et I~mt eighteen years old end that
· .w.~ .a.r.e. ppppp~.s..o~..o.p~ .a.~gt.h.e.z: .............................................................
Date of Signature
............................................................................... Y M D
Name(s) Signature(s)
· Ha.c.~.g..Op.,. ~qr.g.e..1~qy ....................................................... .17.88...~.
· ~a.c.~.gp.,. !p~.n. Ru.t.h. ........................................................ .~?.8.8 ........
.a.~. jo.t¢/t. ~e.n. ~m~ .............................................................
~ $1~a) el Transleror{a) t hereby consent to this transaction Date of Signature
Name(s) Signature(s) Y M D
(10) TranaiMm(a) Addmes
for Sen4ee
11 ) Traeeferee(a) Date o! Birth
THE CORPORATION. OF THg TOWN OF P[CKER[NG i 1'
(12) Tran~fMs) lddmes
Ior$;.-.~; 17~0 Kingston Road, Picketing, Ontario ~V 3G2
Trl~lfe~oe[I) The transferor verifies that to the bast of the translator's knowledge end ballet, thle transfer does not contravene section 49 of the
Planning Act, 1983. Date of Signature Date of Signature
~ ¥ ~ o I ~ ~ o
$1gnatora ......................... ! ...... I... I...] Signatora ..................................... ]...
?mn~fero~(~) I have explained the effect of section 49 of the Planning Act, 1983 to the transferor end I have made Inquiries of the trensfero¢
to determine that this transtar does not contravene that section and based on the Information aopplled by the tmr~feror, to the beet ol my knowledge
end belief, this transfer does not contravene that section. I am an Ontario solicitor In good standing. Date of $ignetu~
Name and j Y M , O
Addraes of
Solicitor Signature ...... -.- ................... fi ...... !... J...
'~ I (14) $ctlndm for Tlre~s) I have investigated the title to this land end to abutting land where relevant end I em eetlafled that the title records
~'~. reveal no contravention a~ est out in subclauee 49 (21e) (c) (il) of the Planning Act, 19~,3 end that to the beM of my knowledge end ballet thla
~ ~Jl transfer does not contravene section 49 of the Planning Act 1983. I act indebande~tly of the solicitor for the transferor(s) end I am an Onferfo
.~. I Name and Date of Signature
~j{ $otlcltor
~ Signature .......................... ! ...............
(,., i ...,, $... .I ,;,.,
!, ,i ,, not as.i ned
ti) Munk:lpel Addre~ of Property (17) Document prap~red by:.
not assigned C.M. Timothy Sheffield
Town Solicitor
1710 Kingston Road
Pick*ring, Ontario
·,
Affidavit of Residence and of Value of the Consideration
~ mE MCatt Lots l0 and Il, Plan 228~ Picketing (Part 1, Plan 40R-9567)
. George Roy MacLeod and Joan Ruth MacLeod, a~ joint tenant~
The Corporation of the Town of Picketing
G.M. Timothy Sheffield
T,he Corporation of the Town of Pigkering
None
(ii) Given back to vendor
(g) VALUE OF LAND, BUILDING. FIXTURES AND GOODWILL SUBJECT TO
LAND TRANSFER TAX [Totalof(a]to(f)) ................ $
Ii) TOTAL CONSIDERATION
No relationship. Municipal storm detention pond.
Sworn before me at the Town of Picketing
in the Regional Municipality of Durham
this day o~ February ~9 88
Property Informetion Record ......
(iii Assessment Roll No (#avalteb~) not =reliable
_~]~J~J~Igs~ll~ickering: Ontario T,1V 1C7
C.M. Tim~hy Shefgield
Town S01icit~ REGISTRATION NO
Town of Pi~ering Land RegistrV Office No
1710 Kingston Road
P[c_k~xi~ On~rjo __ Repistr~t,on Oa~e
L1V 1C7
SCHEDULE B
o, Transfer/Deed of Land
Form 1 -- Land Reglatratfon Relorm Act, 1984
(1) Registry [] CandTItles [] T(~) Page 1 ot 3 pages
Sc' E
(4) Coll~ldetalicn
Two 2.00
Dollars $
tS) Daesrtl~gofl This is a: Property Property
Division [] Consolidation []
Part of Lots 10 and ll, Plan 228, being
Part 1, Plan 40R-10499
New Property tdentlfie~a
Schedule []
Town of Picketing
Regional Municipality of Durham
This (a) Redescrlpticn Schedule for: (?) Inlemat/EiIMa
Doeumenl New Easement i Additional Fee Smple Easement
; Description [] Parties [] Other []
ConMIn~ Plan/Sketch []
Date of Signature
I ~ '
(~11 Spouts) of T~anafetor(s) I hereby consent to this transection Date of Signature
Name(s) Signature(s) Y M
forSMvice Kingston Road, Pickering, Ontario L1V lC7
11) Tranmle~a) Date of Birth
Y M
557351 ONTARIO LIMITED
(12) Tranaferl~a) Addmse
Ior
(13) TnmaferoKa) The transferor verifies that to the best of the translator's knowledge and belief, this transfer does not contravene section 49 of
Planning Act, 1983. Date of Signature Date of Slgneture
S~gnature ....................................... g .......................................
Name and tY I MI O
~ I (14) ~ fM l'm~se(I) I have investigated the title to Ihla land and to abutting lend where relevant and I em ~atl~fied thai the lille recoeda
~.[ reveal no contraventicn es set out in subclause 49 (21a) (c) (Il) of the Planning Act, lg83 and mat to the best of my knowledge and bMlef thla
;'~l[ tt~lef does not co~t~aver~ sect{on 49 of the Pfer~ctng Act 19~3. I ~ct In--try of Ihe solicitor fo~ the tmnaleror{$) e~ f am an O~t~rlo
(1K) Aaee~me~l Roll NumbM i Cry. Mun. MaD i Sub. i Par. i I1~1~ FW llt~ TlS
. I ~llLand Transfer Tax
not assigned C.M. Ttmothy Sheffield I~11
Town Sohcitor loll
1710 Kingston Road [~[[
Picketing, Ontario Il=Il
o,P'°v'"" Schedule
Ontario
Form 5 -- Last Rc~lstratlo~ Reto~n Act,
~ ~ddlt~n~ Pr~ I~ntl~s) ~or Ot~r Inflation
INTEREST/ESTATE TRANSFERRED
1. The Transferor hereby transfers to the Transferee the free, uninterrupted and
unobstructed right and easement to construct, use and maintain such driveway,
together with any appurtenances thereto, as may be required from time to time
on and across the lands herein described for the purpose of providing private
vehicular'and pedestrian access between Altona Road and that part of Lot 10,
Plan 228, Picketing, designated as Part 3, Plan 40R-9567, 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 driveway or any part thereof or appurtenances thereto.
2. (1) 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, which consent shall not be
unreasonably withheld.
(2) The Transferee 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 Transferor, which consent shall not be
unreasonably withheld.
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 arise out of the existence or operation of the driveway
provided the Transferee fills in all excavations and as far as is practicable
restores the surface to a safe condition following any entry thereon to exercise
the rights 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 Transferee shall reconvey to the Transferor, its successor or assign, the
rights and easements hereby granted upon the dedication of public road access
to that part of Lot 10, Plan 228, Picketing, designated as Part 3, Plan
40R-9567.
6. The burden of this Transfer and of all the covenants contained herein shall run
with the lands herein described.
7. 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)
8. The benefit of this Transfer and all of the covenants contained herein shall run
with the adjacent lands 9wned by the Transferee, namely that part of Lot 10,
Plan 228, Pickering, designated as Part 3, Plan 4~)R-9567.
Form I - Land Transfer Tax Act
Affidavit of Residence and of Value of the Consideration
Refer to all instructions on reverse side.
IN THE MATTER OF THE CONVEYANCE OF (in~ertb~efdescr*ptlonolland) .
Part Lots 10 and llt Plan 228~ Picketing (Part [, Plan 40R-[04991
The Corporation of the Town of Picketing
557351 Ontario Limited
None
(ii) Given back to vendor ........................ $ nil
(g) VALUE OF LAND, BUILDING. FIXTURES AND GOODWILL SUBJECT TO
LAND TRANSFER TAX (Totalof(a) ro(f}) ................... $ 2.00
(j) TOTAL CONSIDERATION
No relationship. Temporary access easement over munlct?al lancl~.
Sworn before me at the
in the
this day of 19
A Commissioner for taking Affidavits, etc. ~)
Property Information Record .....
A. Describe nature of instrument: Trans~er ~ Easement
B. (1) Address of property being conveyed (if available) not available
(ii) Assessment Roll No (Ifa~elfJbte) not available
C. Mailing address{es) for future Notices of Assessment under the Assessment Act for property being conveyed (m/~u~/o. 7)
(ii Registration number for last conveyance of property being conveyed (ifavalaete) r~nt available,
(ii) Legal description of property conveyed Same as in D.(1) above. Yes [] No [] Not known
Name{si and address(es) of each transferee's solicitor For Land I~tstry Offir~ use only
S.H. Farber
Barrister & Solicitor REGISTRATION NO
Bowman~ Father and Cere_sney Land Registry Office No.
2100 E]]esmere Road, Suite i10
Scarborotlgh, Ontario Registration Date
M1H 3B7
SCHEDULE C
.... Transfer/Deed of Land
-- Land Reglstmfl~ Refo~ Ac~ 1~
(1) R~W ~ L~d TI~ ~ T<2) Page I of
(3) P~ Bilk
(4) Co--alan
Two O~lam $ 2.00
(S) De~I~ This is a: Pro~ Pro~dy
Part of Parcel 37-~, Section 40M-1320, being that part
of Block 37, Plan 40M-1320, designated as Part 1, Pla~
N~ P~ Id~tiffem 40R-10500
Town of Picketing
Regional Municipality of Durham
$) Th~ (a) R~criptlon ~ (b) Schedule for: [ (7) I~ T~
I
(8) Tm~) The transferor hereby tra~fera the land to the transfer~ ~d ::X~fi= ~c: :X= L_...:_,_: ~ g: :~: .:..~:..,.
...........................................
Bruce Taylor, Clerk [ 1987I 02
~(g) Spouse(a) of Transferor(s) I her~oy consent to this transaction Date of Signature
Name{s) Signature(a) Y M D
(10) Trana~oe(a) A~m.1710
IorSe~4ee Kingston Road, Picketing, Ontario L1V 1C7
¢
11) Transferee(a) Date of B;rth
Y M O
o. ^ io
12) Transits)
for Ser,~co
(13} Tranaf®ror(a) The transferor verifies that to the best of the translator's knowledge and belief, this transfer does not contravene section 49 of
Planning Act, 1983. Date of Signature Date of Slgnatura
Y M D Y M D
Signature ....................................... g ..................................... J..
$ofkdlor for Trerttforor(a) I have explained the effect of section 49 of the Planning Act, 1983 to the tra~feror and I have made indulrise of the transferor
to determine that this transfer does not contravene that section end ba~ed on the information supplied by the trar~feror, to the beet of my knowisdge
end beifef, tiffs transfer doe~ not contravene that section. I am en Ontario solicitor in good standing. Date of Signature
Name end Y M i D
Address of
Soflcitor Signature ...... = = ........................
(14) 8offett~ Ior Tram~e) I have inveatlget~t the title to this fend and to el0uttlng ~nd where r~levent and I am ~atiM~ed that the tRte recorde
r~/eel no contravention as set out in aubcleuae 49 (21e} (c) (ii) of the Pisnning Act, lg83 ~KI that to the beat of my knowMdge lind belief this
transfer does not contravwne section 49 of the Pisoning Act lg63. I act Indepondently of the ~oflcltor for the transferor(s) and I em an Ontario
so~iclto~ in good standing.
Name end Date of Signature
A~lrase of Y M D
so,, .or I .
Signature ........................ I ........
(la) ~t.offNunta'er i Cty. JUu..j Map j Sub. i Par. i F~TiI[
~lP,~l~,t~ [ i ! i ; ~ not assigned
Munfell~l A~lre~ of Property (17) Dnoument Pm~amd by:
not assigned C.M. Timothy Sheffield Land Tranafer Tax
Town Solicitor
1710 Kingston Road
Picketing, Ontario
L1V 1C7
Total
10173
Affidavit of Residence and of Value of the Consideration
Part Block 37, Plan 40M-1320, Pickering. (Part 1. Plan 40R-10500~
The Corporation of the Town of Picketing
557351 Ontario Limited
MAKE OATH AND SAY THAT:
~- described in paragraph S) (a), (b), (c) above;
None
4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOW~:
la) Monies paid or to be paid in cash $ ~-.
(ii) Given back to vendor ..................... $ nil
(d) Securities transferred to thevalueof (~eta#bek~w) ................... $
(f} Other valuable consideration subject to land transfer tax ~deta# ee~ ...... $ nil
LAND TRANSFER TAX (Totalof(o) to(f)) ............... $ ~.00
(i) Other consideration for transaction not included in (g) or (h) above ..................
(j) TOTAL CONSIDERATION
No relationship. Municipal storm detention pond boundary adju~trnant.
this day of 19
Commissioner for teeing Affidavits, etc
Property Iflformetion Record
A. Describe nature of instrument Transfer of Land
Ii) Address of property being conveyed (It ava#ab~) nO~
(ii) As~ssment Roll NO, (itav~a~) ~Ot available
M~iling address(es) for fotura Notices of Assessment under the Asmssment Act for Dropertv ~ing convev~
D. (i) Registration number for last conveyance of property being conveyed fttava~lable) no~: ,,'~]=hle
(ii) Legal description of property conveyed Same as in D.(i) above Yes [] No [] Not known []
E. Name(s) and address(es) of each transferee's solicitor
S. H. Farber For Land Registry Office use only
Barrister & Solicitor REGISTRAT)ON NO
Bowman~ Farber and Ceresney~ Land Regis ry Office No
2100 Ellesmere Road, Suite 110
Scarborough_ t On[ariD Registration Date
M1H 3B7
pART 1 PLAN 228~~
40R-10500
~ ~,~-~ ~ B I_~CK 37
~ 40M-1320
PLAN 40M-1320
..~-- ~ The Town of Pickering
LEGAL DEPARTMENT
~ ~'~'~ ~ Altona Detention Pond Land Exchange
~ - Part Lots 10 & 11, Plan 228;
- Pt. Block 37, Plan 40M-1320, Picketing
/ - ~cLeod and 557351 Ontario Limited