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HomeMy WebLinkAboutBy-law 2847/88THE CORPORATION OF THE TOWN OF PICKERING BY-LAW [VO. 2847/$8 Being a by-law to authorize the execution of various utility easements in the Fairport Road/ Merritton Road/Sheppard Avenue area. WHEREAS pursuant to the provisions of the Municipal Act, R.S.O. 1980, chapter 302, section 193, the Council of a municipal corporation may pass by-laws for disposing of land and interests in land; NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. The h4ayor and Clerk are hereby authorized to execute the following documents: (a) Transfer of Easement, in the form attached hereto as Schedule A, between The Corporation of the Town of Pickering (herein called the "Town) and Bell Canada over, (i) those parts of the road allowance between Concession 1 and Range 3, Broken Front Concession, designated as Parts 69, 70, 71, 72, 74, 75, 76 and 77, Plan 40R-11259; and (ii) those parts of the road allowance between Concession 1 and Range 3, Broken Front Concession, and former King's Highway No. 2, designated as Parts 52, 53, 54, 55, 56, 57, 60, 61, 73, 78, 79 and 80, Plan 40R-11259. for telephone and telecommunications facilities; (b) Transfer of Easement, in the form attached hereto as Schedule B, between the Town and The Consumers' Gas Company Ltd., over, (i) those parts of Lot 26, Range 3, Broken Front Concession, designated as Parts 4, 5 and 6, Plan 40R-11259; and (ii) those parts of the road allowance between Concession 1 and Range 3, Broken Front Concession, designated as Parts 7, 45, 46, 47, 49, 69, 70, 71 and 72, Plan 40R-11259; and (iii) those parts of the road allowance between Concession 1 and Range 3, Broken Front Concession and former King's Highway No. 2, designated as Parts 48, 50, 51, 53, 54, 55, 56, 61, 73 and 79, for gas transmission facilities; (c) Transfer of Easement, in the form attached hereto as Schedule C, between the Town and The Regional Municipality of Durham, (herein called "Durham") over, (i) those parts of the road allowance between Concession 1 and Range 3, Broken Front Concession, designated as Parts 36, 38, 40, 45, 46, 47, 69, 70, 71, 72, 74, 75, 76 and 77, Plan 40R-11259; and (d) (e) (f) - 2 - (ii) those parts of the road allowance between Concession 1 and Range 3, Broken Front Concession and former King's Highway No. 2, designated as Parts 35, 37, 39, 41, 42, 43, 44, 48, 50, 51, 52, 53, 54, 55, 56, 57, 60, 61, 73, 78, 79 and 80, Plan 40R-11259; for sanitary sewer facilities; Transfer of Easement in the form attached hereto as Schedule D, between the Town and Pickering Hydro-Electric Commission, over (i) those parts of Lot 26, Range 3, Broken Front Concession, designated as Parts 17, 18, 19 and 26, Plan 40R-11259; and (ii) those parts of the road allowance between Concession 1 and Range 3, Broken Front Concession, and former King's Highway No. 2, designated as Parts 20, 33, 35, 43, 51, 60, 61, 79 and 80, Plan 40R-11259; for electricity transmission facilities; Transfer of Easement in the form attached hereto as Schedule E, between the Town and Tonalist Holdings Inc. over, (i) those parts of Lot 26, Range 3, Broken Front Concession, designated as Parts 2, 5, 10, 14, 18 an d 24, Plan 40R-11259; and (ii) those parts of the road allowance between Concession 1 and Range 3, Broken Front Concession, designated as Parts 40, 47, 71 and 76; an d (iii) those parts of the road allowance between Concession 1 and Range 3, Broken Front Concession and former King's Highway No. 2, designated as Parts 31, 41 and 48, Plan 40R-11259, for storm sewer facilities; Transfer of Easement in the form attached hereto as Schedule F, between the Town and Tonalist Holdings Inc. over, (i) those parts of the road allowance between Concession 1, and Range 3, Broken Front Concession, designated as Parts 36, 38 and 40, Plan 40R-11259; and (ii) those parts of the road allowance between Concession 1 and Range 3, Broken Front Concession, and former King's Highway No. 2, designated as Parts 37, 39, 41, 42, 43 and 44, Plan 40R-11259, for public bus transportation facilities. BY-LAW read a first, second and third time and finally passed this 2nd day of Au- gust, 1988. TOWN OF {' PICKERING � APPROVED LEGAL D'"cPT � nn �. �imer�oia, mayc�.�/ /, � G �� / / �--�-�` � �B ce Taylo , er c THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2847/8g Being a by-law to authorize the execution of various utility easements in the Fairport Road/ Merritton Road/Sheppard Avenue area. WHEREAS pursuant to the provisions of the Municipal Act, R.S.O. 1980, chapter 302, section 193, the Council of a municipal corporation may pass by-laws for disposing of land and interests in land; 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 the following documents: (a) (b) (c) Transfer of Easement, in the form attached hereto as Schedule A, between The Corporation of the Town of Pickering (herein called the "Town) and Bell Canada over, (i) those parts of the road allowance between Concession 1 and Range 3, Broken Front Concession, designated as Parts 69, 70, 71, 72, 74, 75, 76 and 77, Plan 40R-11259; and (ii) those parts of the road allowance between Concession 1 and Range 3, Broken Front Concession, and former King's Highway No. 2, designated as Parts 52, 53, 54, 55, 56, 57, 60, 61, 73, 78, 79 and 80, Plan 40R-11259. for telephone and telecommunications facilities; Transfer of Easement, in the form attached hereto as Schedule B, between the Town and The Consumers' Gas Company Ltd., over, (i) those parts of Lot 26, Range 3, Broken Front Concession, designated as Parts 4, 5 and 6, Plan 40R-11259; and (ii) those parts of the road ailowance between Concession 1 and Range 3, Broken Front Concession, designated as Parts 7, 45, 46, 47, 49, 69, 70, 71 and 72, Plan 40R-11259; and (iii} those parts of the road allowance between Concession 1 and Range 3, Broken Front Concession and former King's Highway No. 2, designated as Parts 48, 50, 51, 53, 54, 55, 56, 61, 73 and 79, for gas transmission facilities; Transfer of Easement, in the form attached hereto as Schedule C, between the Town and The Regional Municipality of Durham, (herein called "Durham" ) over, (i) those parts of the road allowance between and Range 3, Broken Front Concession, Parts 36, 38, 40, 45, 46, 47, 69, 70, 71, and 77, Plan 40R-11259; and Concession designated 72, 74, 75, 1 as 76 (d) (e) (f) -z- (ii) those parts of the road allowance between Concession 1 and Range 3, Broken Front Concession and former King's Highway No. 2, designated as Parts 35, 37, 39, 41, 42, 43, 44, 48, 50, 51, 52, 53, 54, 55, 56, 57, 60, 61, 73, 78, 79 and 80, Plan 40R-11259; for sanitary sewer facilities; Transfer of Easement in the form attached hereto as Schedule D, between the Town and Pickering Hydro-Electric Commission, over (i) those parts of Lot 26, Range 3, Broken Front Concession, designated as Parts 17, 18, 19 and 26, Plan 40R-11259; and (ii) those parts of the road allowance between Concession 1 and Range 3, Broken Front Concession, and former King's Highway No. 2, designated as Parts 20, 33, 35, 43, 51, 60, 61, 79 and 80, Plan 40R-11259; for electricity transmission facilities; Transfer of Easement in the form attached hereto as Schedule E, between the Town and Tonalist Holdings Inc. over, (i) those parts of Lot 26, Range 3, Broken Front Concession, designated as Parts 2, 5, 10, 14, 18 and 24, Plan 40R-11259; and (ii) those parts of the road allowance between Concession 1 and Range 3, Broken Front Concession, designated as Parts 40, 47, 91 and 76; and (iii) those parts of the road allowance between Concession 1 and Range 3, Broken Front Concession and former King's Highway No. 2, designated as Parts 31, 41 and 48, Plan 40R-11259, for storm sewer facilities; Transfer of Easement in the form attached hereto as Schedule F, between the Town and Tonalist Holdings Inc. over, (i) those parts of the road allowance between Concession 1, and Range 3, Broken Front Concession, designated as Parts 36, 38 and 40, Plan 40R-11259; and (ii) those parts of the road allowance between Concession 1 and Range 3, Broken Front Concession, and former King's Highway No. 2, designated as Parts 37, 39, 41, 42, 43 and 44, Plan 40R-11259, for public bus transportation facilities. BY-LAW read a first, second and third time and finally passed this 2nd day of Au- gust. 1988. SCHEDULE A Province Transfer/Deed of Land of v Ontario Form 1— Land Rpltlndon RNO�m Act, 1984 (� � qpy�y � Land TNNs � I(4) Page 1 ot (4) > J Z O w � � w U LL LL � New PropeM Identitiers naar000ec s� �ScheAule E:seutbns Adtli�ionel: s� �Schetlule (8) Thb (a) Redescription (b) Schedule for: Doeument New Easement � Con4ins plan/Sketch � � Description � (8) Trsnsfe�or(s) The trensferor hereby transfers ihe lantl t� G�ppsrly Block Id�ntifllr(U PropeRy ove y ouaHnu co �iMi.Eo �o.m �+o era � pages Tw0 Dollars S Z• 00 AAAitionel: See � ScMtlule lkrlptlOn This is a: PrOperty Property � Division ❑ Consolida�ion ❑ o�Firstl those parts of the road allowance between sion 1 and Range 3, B.F.C., designated as Parts 69, 70, 71, 72, 74-77, Plan 40R-11259 Secondly those parts of the road allowance between Concession 1 and Range 3, B.F.C., and former King's Highway No. Z, designated as Parts 52, 53, 54, 55, 56, 57, 60, 61, 73, 78, 79 and 80, Plan 40R-11259 Town of Reeional Additionel F� Parties � Other � r transferea and certitiBS that the trens of Durham Easement is at least eig�teen years old and that . * Z� y , D�te of S�gneture Name(s� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S ature ) � OF PICKERING . . n �n, a o�' ' � 03 .. ...........i ......:...... THE RP RATIO N 8; 08 ; 1988 ; 08; 03 ...................................... � ;...;... � gruce 'TayIor; Clerlc ' (9) Spouae(a) 01 Tronslaror(s) I hereby consent to this transaction Date of Signature Name(s) Signature�s) v M o ' ' i (10) TranslxoHe) Addrese on or e ore ugus , - ings on oa , ic ering, n ario �o.servke after August 31, 1989 - One The Esplanade, Pickering, Ontario V M D BELL CANADA :......:...:.. for Servke (13) Trenderor(s) The transferor verities that to the best of the transferor's knowledge and belief, this trensfer tloes not contravene section 49 of the Planning Act, 7983. Date of Signature Date of Signature V M D V M D Signature . . . . . . . . . . . . . . . . . ' ' ' . . ; Signature. . . . . . . . . . . . . . . . . ' . . . . Solleitor lor Trsnsteror�s) I have explained the ettect of section 49 of the Planning Act, 1983 to the transferor anA I have made inquines of the transferor -� to determine ihat this iranster does not contravene that section and based on the information supplied by the transferor, to tha best of my knowledge Z and belief, this transfer does not contravene that section. I am en Ontario solicitor in good standing. Date of Signature � Name and v , �n . D a Address oi Signature . . . . . . . . . . . . . . . . . . . . . . . . . . ! . . . . . . �'�. . . ! O Solicitor ' ' ' � I ^u v (1�) SoNCllw lo� TramNrN(�) I have investigated the title to this land and to abutting land where �elavent and 1 em setisfietl that the title records a a� r reveal no contravention as set out in subclause 49 (21a) (c) (ii) of the Planning Act, 19&3 antl t�at to the best of my knowledge anA Deliei this � �,-01, transfer does not conirevena section 49 of the Planning Aq 1983. I act independently ot the solicitor tor the trensfe�or(s) and I am an Ontario 'c � A� solicitor in good standing. d y o- Neme and Date of Signature m Address N Y M D xo. Q'�,L SOIIGIOf y SIJ09[UfB. . . . . � ' .. . . . (15) Aswt�m�nt RWI NUTMf '; �N� '� Mun ; Mep ; Sub. Par � Faas sntl Tax 01 Property i i � � � ' Z Registretion Fee (18) Municipel Addrw ot PropeAy (11) Oxum�nt Pnpsnd by: O not assigned C.M. Timothy Sheffield � �andTransrerrax Town Solicitor w 1710 Kingston Road LL � Pickering, Ontario 0 L1V 1C7 ¢ � ToW 10173(12/84) � � �vro.�nu o� B@1� oou�m Schedule form 6— Und Rp4lrWOn RNoim Aal, 1�N rc �u.a �K uu Pp�� . "WHEREAS the 7Yansferee is �he owuer in (ee simple oF tl�ose lands and premises (hereinafter called the Transferee's lands) being composed of Pans of Town Lots 5 and 6 on the North side of Adelaide Slrcet Wesl according lo the Plan of the Town oP York and designa�ed as Pans I and 2, Plan 63R-545, City of Toronlo, Municipelity of Metropolitan Toronto" THE TRANSFEROR granls to �he �ransferee, its succcssors and assigns to be usnd and enjoyed as apQuctenant to lhe Traasferee's lai�ds, �t�e frce, uuinterrupted und unobs[ructed right und eusement in perpeluily over [hose lands described in lhe trans(er of easement io which thesc provisions are a schedule, hereinafter called "the Transfnror's lands". 1. TO ENTER on and construct, rcpair, replace, operate, maintain, rencw and make additions to telephone and telecommunica�ions Pacilities (forming pari of its conlinuous lincs between the '[Yansferee's lands and uiher lands), including all necessary �ulw* cables and wires EbekM buried and aeriel), conduits, conduit struc�ures, markers, Lixwcec. and eyuipmem and all appurtenances �hereto as the TYansferee may from time to lime or at any �ime hereafter deem rcyuisile upun, over, under, along and across lhe 7}ansFeror's lands for Uie purpose of furnishing telecomwuuicaiions service to ihe premises of the Transferor and Io the premises of ihe Transferee's cusiomen fiom iim� �o �ime on lands adjoining or on oU�er lands; lo�elher wilh the righ� uF free unimpeded acecss io d�e'frau�l'erce, its ageni,, contractors, workroen, vehicles, supplies and equipmenl at all iimes and I'or all purpuscs und �hings necessury Ibr ur inciden�al �o lhr exercise and enjoyment of tlie righ�s hereby gr•rnted, over ihe Transl'eror's lands I'ran d�e highways or lands abwtin� thereon �o and from Ihe places where any u( �he saiJ iclecommunications (acilitics or ;iny parl or pans Iherwf arelo be constructed,repaired,replaced, operuled aud main�aiucd; 2. TO ATTACH uiher wires, cables, equipmcni and accessorits and lo permit the attachment of �he wires, cables, equipment and acceswries of auy uiher company or co�umission for ihe purpose only of supplying a service; 3. � 4. ' a�rtwlen-aed-a++�+lww-�ad-�a-ukunl� � isec. THE TRANSFEROR shall have the righi to fully use �nd enjoy the Transfcror's lands excepl as may be necessary for any oY'Ihe purposes hereby granted io ili� Transfercr piuvid�J il�w wi�liout ihe prior written consenl of �he Transferee, the Transferor shall nui excav;uc, drill, ins�all, erca or p�nnii to be excavated, drilkd, ins�alled or erected upon, over, iu, uuder and acruss ihe'1'ransl'eror's lands auy pi�, well, foundation, pavement, building or aher structure or insiallaiion. THE TRANSFEREL covenan�s and agrees wiih ihe Transle�or ihat ii shall be responsible for any damage caused by i1s agenls or employees lo ihe proper�y u( thc Transferor All(I SI18II i1S I8f :15 j�0551�IC replace at i1s own cost any soil or wrf removeJ in connec�ion wi�h any ol'the work above referred to. NOTW ITI{STANDING any rule of law or equiiy and cven il�ou�h any of tht Trunsferee's telecommunication facilities anJ appurtenances may become annexed or afl'ixed �o the real�y, iitle there�o shall nevertheless remain in the Transf'eree. THIS AGREEMENT including all righls, privileges and benefi�s herein con�ained ahall ex�end �o, be binding upon, and enure w ihn benefit o( �he parties heretu and their rcapactive hcin, execwors, adminislrators, successors and assigns. . ... .. u� - - - - -��8�� e. • C`�'"� �..,s.�.a�� � . .� SCHEDULE B �11 7rovince Transfer/Deed of Land af Y Ontario Form 1— Land Rpl�tntlon Ralorm Ac4 1984 DvE d �UPNtM CO UMREp Farm No 9l0 � (�) pylNry ❑ LanA TNNS � (2) Pe9e 1 ot pages (3) PropeAy BloCk Property �dantmer(.) naonan.c scMGub ❑ (4) Coraldawtbn Y Two oouars E Z• 00 J Z (5) D��eApNon This is a: Property Property O W Division ❑ Consolidation ❑ � �Fir�stl , those parts of L,ot 26, Range 3, B.F.C., � e�gnated as Parts 4, 5 and 6, Plan 40R-11259; and LL —Sec�on��d�lY , those parts of the road allowance between � NewPropertyldentifiers o�nd Range 3, B.F.C., designated as Parts 7, o S�+t�o�a� 45-47, 49, 69, 70-72, Plan 40R-11259; and scr�a�ie ❑ Thirdly, those parts of the road allowance between e■seueans Con. 1 and Range 3, B.F.C. and former King's Hwy. No. 2, designated as Parts 48, 50, 51, 53-56, noait�o�a�: 61, 73 and 79, Plan 40R-11259 sea scnae�ie ❑ Town of Pickering, Regional Municipality of Durham (8) 7his (a) Fedescription (b) Schetlule fon (7) InbmVEStNe Tnmhmd �ou+�^� New Easement � Additional Fee Simple ConNlm PIaNSketch �, Description � Parties � Othe� ❑ Easement (8) TrsnabroHe) The transfBror hereby trensfers the land to the Iransferee antl certifies ihat the irenstaror is at leeat eighteen yeers old and thet ............................................................................... ............ Date of Signeture . ��c�. . . .�. . i' . . . o Namels� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S �na�relsl v. . .' . . : THE CORPORATION OF THE TOWN 1988 ! 03 ;. 08' . OF PICKERING ....... ....................... 1988; 08; 03 ............................................. . . �......;...i... Biuce' TayIor,' 'CIerk ' ' ' ' ' ' ' ' ' ' ' ': � � (9) Spouse(e) ol Trsna�eror(s) I hereby consent to this transaction Date of Signature Name�s) Signature�s) v rot o ' i (10)Trsnsteror(s)Addrcu on and before July 31, 1989 - 1710 Kingston Road, Pickering, Ontario for Servke (11) Tranateree(s) Date of Birth V M D THE CONSUMERS' GAS COMPANY LTD. 7. 'I'dari'C'uthiIl',' Vice=Presid'erit.:......�... i.... ............................................... .....i......�...'... Way'ne 'C: ' C'urrie'r',' S'ec7'etary , � (12) Tren�lsrea(s) Addroa �orsenke p,0. Box 650, Scarborough, Ontario M1K 5E3 (13) TnNbror(�) The transferor verities that to the best of the transferor's knowledge and belief, this transfer aoes not contravene section 49 of ihe Planning Act, 1983. Date of Signature Date of Signature v M D � M D Signeture. . . . Signeture , , . . . �' ' ' . Soliclto� for Tranda�or(a) I have explainetl the eHect �of section�49 of the Planning Act, 1983 to the transieror and I have made inquiries oi tl�e trensteror� � to determine that this tran5fer Ooes not cont�avene that section and basetl on the information supplied by the transieror, to the best of my knowledge Z and belieL this iransfer does not contravene that section. I am an Ontario solicitor in good standing. ' Date of Signature � Name and , v ,, M. D a AOOress of Signature. . . . . . . . . . . . . . . . . . . ! . . . . . .'�. . . i . . . Solicita I y (U) SoNdlp lo� TantNrw(t) I have investigated the title to this land end to abutting land where relevant and I am satisfied thet the title raeords � a d�. reveal no contrevention as set out in subclause 49 (21a) (c) (ii) ot the Planning Act, 1983 an0 that to the best of my knowledge entl belief this a��' transter daes not contravene section 49 of the Planning Act 1983. I act independently of the solicitor for the transferor(s� and I em en Onterio �c E`� solicitor in good standing. � :� S' a y_o= Name and Date of Signature z o d Add/BSS Of � M D Q��c Solicitor 'o y Signature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . (15) Aue��m�nt Roll NumWr '; Cry. �, Mun; Mep ; Suo. Pac Y Fees an0 Te: of Propsrty � � ' � Registration Fee (18) Munklpel Addreu ol P�operty (17 Oxument P rodby not assigned �.M. Timontkwiy Sheffield y LandT�ansfarTax Town Solicitor � w 1710 Kingston Road v LL Pickering, Ontario 0 L1V 1C7 �x � TotN IV1/J�IC/tl9) � Pmvincs Schedule A � o' \ On[ario , Fam b— L�nd RpMUNIa� RMam Ael, 1!N 2 0 f 5 � Fps SCHEDULE Form 5-Land Registration Reform Act, 1984 INTEREST/ESTATE TRANSFERRED 1. The Transferors hereby transfer, sell, grant and convey in perpetuity to the Transferee its successors and assigns, a free and unencumbered easement in, under and/or through the Easement Lands to survey, lay, construct, operate, use, inspect, remove, renew, replace, alter, enlarge, reconstruct, repair, expand and maintain pipelines and all works, appurtenances, attachments, apparatus, appliances, markers, fixtures and equipment which the Transferee may deem necessary or convenient thereto for the transmission of natural and/or manufactured gas, together with a right-of-way to the Transferee, its successors, assigns, servants and agents for ingress and egress at any time and from time to time over, along and upon the Transferor's lands abutting the Easement Lands on foot and/or with vehicles, supplies, machinery and equipment necessary or incidental to the exercise and enjoyment of the easement hereby transferred. 2. The Transferee shall have the right at any time and from time to time to remove by blasting or otherwise any boulder or rock and to sever, fell, remove or control the growth of any roots, trees, stumps, brush or other vegetation on or under the Easement Lands. 3. The rights of the Transferee herein shall be of the same force and effect as a covenant running with the Easement Lands and shall be appurtenant to the lands and premises described in this Schedule as the Transferee's Lands. 4. The Transferee shall have the absolute and unfettered right to assign or transfer its rights hereunder in whole or in part and shall not be bound to give notice thereof to any party. 5. This Transfer shall extend to, be binding upon and enure to the benefit of the respective heirs, executors, administrators, successors and assigns of the parties hereto. If the Transferors are not the sole owners of the said lands, this Transfer shall bind the Transferors to the full extent of their interest therein and shall also extend to any after-acquired interest but all monies payable or paid to the Transferors hereunder shall be paid to the Transferors only in the proportion that their interest in the said lands bears to the entire interest therein. The Transferors hereby agree that all provisions herein are reasonable and valid and if any provision herein is determined to be unenforceable, in whole or in part, it shall be severable from all other provisions and shall not affect or impair the validity of all other provisions. 6. The Transferors shall have the right to use and enjoy the surface of the Easement Lands except that such use and enjoyment shall not interfere with the rights of the Transferee hereunder. Without limiting the generality of the foregoing, the Transferors shall not without the prior written consent of the Transferee, place or erect on the Easement Lands any building, structure or fence and shall not excavate, alter the grading, drill, instAll thereon any pit, well, foundation and/or pavement which will obstruct or prevent the exerc9se and enjoyment by the Transferee of its rights hereunder. 7. Notwithstanding any rule of law or equity, any pipeline constructed by the Transferee together with all works, appurtenances, attachments, apparatus, appliances, markers, fixtures and equipment shall be deemed to be the property of the Transferee even though the same may have become annexed or affixed to the Easement Lands. 8. The Transferee shall at its own expense as soon as reasonably possible after the construction of its pipeline or other exercise of its rights hereunder, remove all surplus soil and debris from the Easement Lands and restore them to their former state so far as is reasonably practicable. C0.02] WqINT.06RE� ���1jj Provinca Schedule , d� ol o��„�o Form 6— W�d Rpw4�tlon R�fom� Ael, 19M 3 of 5 Fps 9. The Transferors covenant that (i) they have the right to convey this easement and right-of-way to the Transferee; (ii) the Transferee shall have quiet enjoyment of the rights, easement and right-of-way hereby transferred; (iii) the Transferors or their successors and assigns will execute such further assurances of this easement and right-of-way and do such other acts (at the Transferee's expense) as may be reasonably required; and (iv) the Transferors have not done, omitted or permitted anything whereby the Easement Lands is or may be encumbered (except as the records of the land registry office disclose). TRANSFEREE'S LANDS FIRSTLY: In the City of Oshawa in the Regional Municipality of Durham, formerly in the 7ownship of East Whitby in the County of Ontario, being composed of Part of Lot 5, Concession 5 and which said parcel of land containing by admeasurement 0.238 acres be the same more or less, is more particularly described as follows: PREMISING the bearing of the westerly limit of the road allowance between Lots 4 and 5, Concession 5, assumed to be North 16° 00' West and relating al] bearings herein thereto. COMMENCING at a point in a line drawn parallel to and distant 20.00 feet measured westerly at right angles from the easterly limit of Lot 5, said point of commencement is located as follows: S7ARTING at the south-east corner of Lot 5, Concession 5; THENCE North 16° 00' West along the easterly limit of Lot 5 also being the westerly limit of the road allowance between Lots 4 and 5, Concession 5, 2,821.50 feet to a survey monument; THENCE South 72° 43' West 20.01 feet more or less to the point of commencement; THENCE South 72° 43' West 81.96 feet to a point, said point being distant 101.97 feet measured South 72° 43' West from the last mentioned survey monument in the easterly limit of Lot 5. THENCE South 16° 00' East 125.56 feet; THENCE North 74° 06' East 81.95 feet more or less to the aforementioned described parallel line; THENCE North 16° 00' West along the said line being parallel to and distant 20.00 feet measured westerly at right angles from the easterly limit of Lot 5, 127.51 feet to the point of commencement. SECONDLY: In the Town of Newcastle in the Regional Municipality of Durham, formerly Township of Clarke in the former County of Durham, and being composed of part of Lot 29, Concession 4 of the Geographic Township of Clarke, containing by admeasurement one hundred and sixty-three one-thousandths of an acre (0.163 ac.) be the same more or less, more particularly described as follows: BEARINGS HEREIN are referred to the Westerly limit of the King's Highway No. 35 as widened by Instrument Number 16260, registered in the Registry Office for the Registry Division of Newcastle, assumed to be North eighteen degrees two minutes thirty seconds West (N 18° 02' 30" W) and relating all bearings herein thereto; III$� CO.M] WB�INTpbBl) S � Prorinca Schedule , � ol � Onterio . Fam 6— Land RpMtrMbn RNam Acl, 1Nt 4 of 5 p� COMMENCING at a survey monument planted in the Westerly limit of the King's Highway No. 35 as widened by Instrument Number 16260, registered in the Registry Office for the Registry Division of Newcastle, said point of commencement is located as follows: STARTING at the South-west corner of Lot 29, Concession 4; THENCE North seventy-two degrees seven minutes thirty seconds East (N 72° 07' 30" E) along the Southerly limit of said Lot 29, also being the Northerly limit of the road allowance between Concessions 3 and 4, a distance of one thousand three hundred and seven and ninety one-hundredths feet (1307.90") to a point; THENCE North seventeen degrees thirty-six minutes West (N 17° 36' W) a distance of two thousand one hundred and fifty-nine and eight one-hundredths feet (2159.08") to a point; THENCE South seventy-one degrees thirty minutes West (S 71° 30' W), a distance of fifty-nine and eleven one-hundredths feet (59.11') to the intersection with the said Westerly limit of the King's Highway No. 35 as widened by Instrument Number 16260; THENCE North eighteen degrees two minutes thirty seconds West (N 18° 02' 30"W) along the said Westerly limit of the King's Highway No. 35 as widened, two hundred and eight feet (208.00') to the point of commencement; THENCE South seventy-one degrees thirty minutes West (S 71° 30' W), one hundred and two feet (102.00') to a survey monument planted; THENCE South eighteen degrees two minutes thirty seconds East (S 18° 02' 30" E) along a line parallel to the said Westerly limit of the King's Highway No. 35 as widened, sixty-nine and fifty one-hundredths feet (69.50') to a planted survey monument; THENCE North seventy-one degrees thirty minutes East (N 71° 30" E), one hu�dred and two feet (102.00') to a planted survey monument in the said Westerly limit of the King's Highway No. 35 as widened; THENCE North eighteen degrees two minutes thirty seconds West (N 18° 02' 30" W) along the said Westerly limit of the King's Highway No. 35 as widened, distant sixty-nine and fifty one-hundredths feet (69.50') to the point of commencement. w.m�.marc�.oe,ae� - � ----• -- � SCHEDULE C 7l Province Transfer/Deed of Land of V On�ario Fo�n 7- L�nd Rpitlrado� Reform Aet, 198� ovE e ouAnnu co uM�*Eo Form No 9�0 � (1) RpMry � LanE Tidn � (2) Page 1 of pe9es (3) Props�ty Block Property IdN�tlfl�r(�) AECitbnal: ScheCUle � (1) CorulMnlbn � Two Donersi Z•00 J Z � (S) Ds�eriplbn This is a: Property PropeAy W Division ❑ Consolidation ❑ � Firstly, those parts of the road allowance between � Concession 1 and Range 3, B.F.C., designated as Parts LL 36, 38, 40, 45, 46, 4?, 49, 69, 70, 71, 72, 74, 75, 76, 0 New PropeM Identifiers and 77, Plan 40R-11259; and o5����o^a�: Secondly, those parts of the road allowance between sor»e�� ❑ Concession 1 and Range 3, B.F.C., and former King�s ex«utwne Highway No. 2, designated as Parts 35, 37, 39, 41-44, 48, 50-57, 60, 61, 73, 78, 79 and 80, Plan 40R-11259 Additionel: See scneauie ❑ Town of Pickering, Regional Municipality of Durham (8) Thie (a) ReCeacription (b) Schedule for: (7) InNn�VEsfale Tn�uhmd Doeument New Easement � pdditional Fee Simple Contains p�gn/Sketch � �� Description � PaRies � Other ❑ Easement (8) TransMror(s) The transferor hereby transfers the land to t�e transferae anG certifies that the transieror is at leest eighteen ye9rs old and thet ................................................_.............................. ............ Date ot Signature V M D Name(s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ignat e(s)j � OF PICKERINGTION OF THE TOWN o n E�°��.'fi�e'rso`"ii,' Ma� .',.1988 i 08i 03 ............................ i988; 08, 03 � �...;... .B'ru'c'e' Taylor; 'CIerk ............:' , , (9) Spouss(n) of Tronsleroqa) I hereby consent to this transaction Date of Signature Name(s) Signature(s) v �n o (io)T�rasslerkes)Adtlmu after July 31, 1989 - One The Esplanade, Pickering, Ontario � (t7) Transieree(s) Date of Birth V M D TH�. R�GIONAL .MUAII.CIP.ALITX. QF. .D(IRHAM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : �;.48 . . . . 1988.' G. Herrema, Chairman i 08.;.... 1988.. C.W. Lundy, Clerk (12)Transferse(s)AddrB�S ROSSland Road East, Whitby, Ontario L1N 6A3 for Servke (13) Tnntleror(�) The transferor veri�ies that to the bes[ of the transfeior'S knowledge and belief, this transter does not contravene section 49 of the Planning Act, 1983. Date of Signatwe Date of Signature Y M D Y M D Signature .........................i......'...!.. Signature... .. ... ' . '.. Solieitor tor Trensferor�s) I have explainetl t�e eNect of seytion 49 ot the Planning Act. 1983 to the trensferor and I have made inquiries of t�e transieror Q to determine that this transfer Coes not contravane that sedion and Desed on the into�mation supplied by the trensferor, to t�e best of my knowledge Oand beliet, this transfer does not contrevene that section. I am an Ontario solicitor in goo0 standing. Dete of Signature - Name a�d , v M, D ~a Address of Signature . . . . . . . . . . . . . . . . . . . . . . . . . . ! . . . . . .'�. . . � O Solicitor ' ' I � (14) SoNcHw tor TrnqNn�(s) I have investgated the title to this land and to abutling land wt�ere relevent anC I am safisfied that the title records �n� Z reveal no contravention as set out in subclause 49 (21 e) (c) (ii) of the Planning Act, 1983 and that to the best of my knowletlge and belief this c � y Iranefer doas not contravene section 49 oi the Planning Act 1983. I act indepentlently of the solicitor for the transferor(s) and 1 am an Ontario �c €,�, � solicitor in good standing. c � a y o- Name end Date of Signature v Atldress of v n�t D Q y� Solicitoi y Signature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (15) Annsm�nt Rdl NumMr '; Cry. �, Murt; Mep ; Sub. I Per. � Feat ind TaX m n � ol Proqrty • ; I � ' � � Z Registration Fee (18) Munieip�l Adtlna ol Prop�Ay ' �17) Dxumant Pnqnd by: O not assigned C.M. Timothy Sheffield � LandTransfer7ac Town Solicitor � 1710 Kingston Road LL Pickering, Ontario o L1V 1C7 � ToW wiro I�zroa� PrOVmte Schedule ot Y Onterio Porm 5— Land ReqNtradon Reform AM, 1984 Page h Ident111sAs) anNor Other Inlormatlon ADDITIONAL COVENANTS o+e a ounHnM co urnrtEo �O�m Na 33p S The Transferors hereby transfer to the Transferee, its successors and assigns, the free, uninterrupted and unobstructed right and easement to construct, operate and maintain such sanitary sewer or sewers, watermain or mains, or both of them, together with any and all appurtenances thereto as may be required from time to time in, across, under and through the lands more particularly described in Box 5 hereof. TOGETHER with the right of the Transferee, its successors and assigns and its and their servants, agents, contractors and workmen with all necessary materials, equipment, ma- chinery and vehicles to enter upon the said lands at all times and to pass and repass there- on for the purposes of installing, constructing, reconstructing, examining, altering, repair- ing, renewing or replacing (including replacement with sanitary sewer or sewers, watermain or mains, or both of them of larger size or capacity) and maintaining the said sanitary sewer or sewers, watermain or mains, or both of them or any part thereof whether or not any part to be so constructed, installed, repaired, renewed, altered, replaced or maintained is situate on the land described in Box 5 hereof. TO HAVE AND TO HOLD the said easement or right in the nature of an easement on, in, across, under and through the lands described in Box 5 hereof unto the Transferee, its successor and assigns for its and their sole and only use forever. A ND the Transferor covenants that it will not erect any buildings or structure, place or remove any fill on any part of the said lands described in Box 5. AND the Transferor hereby releases the Transferee from any and every claim which may or might arise out of the exercise by the Transferee of any of the rights granted by this indenture or which may arise out of the existence or operation of the sanitary sewer or sewers, watermain or mains, or both of them and accept the consideration mentioned herein in ful] satisfaction of all such claims, provided the Transferee fill in all excavations and as far as is practicable, restores the surface to the condition existing prior to any entry thereon to exercise the rights hereby granted. A N D the Transferor covenants with the Transferee that it has the right to convey the said rights and easements to the Transferee, notwithstanding any act of the Transferor. AND the Transferee shall have quiet possession of the said rights and easements, free from all encumbrances, save as hereinafter mentioned. A ND the Transferor covenants with the said Transferee that it will execute such further assurances of the said rights and easements as may be requisite. > J Z O W N � 70178 (12/84) Province of Y On�Orio SCHEVIILE D Transfer/Deed of Land Form 1— Land Rpistntlon RNorm Act, 1984 ovE s ouan�M co �iMrtco Fo�m Ho a�o � (1) Rpbtry [] land Tid„ � (2) Page 1 ot pages (3) Propsrty Block Property IdentlMr(�) ACtlitbnec S�chetlub � (4) ComW�nlbn Y T�'� Douars S Z• 00 J Z (5) D��eNptlon This is a: Property PrOperty O w Division ❑ Consolidation ❑ � �Firstl , those parts of Lot 26, Range 3, B.F.C., � ed signated as Parts 17-19 and 26, Plan 40R-11259; and � � � New Property Identifiers Secondly, those parts of the road allowance between o S�ino�ec Concession 1 and Range 3, B.F.C., and former King's sm,aa�ia ❑ Highway No. 2, designated as Parts 20, 33, 35, 43, ex«m�om 51, 6�9 and 80, Plan 40R-11259; ACtli�iona�: TOWri o Pickering See scnea�ia ❑ Regional Municipality of Durham (8) This (a) Redescription (b) Schedule for: (� InbmVEshb Tnnshmd Documenf New EasBment � Additional Fee Simple ConLlns p�n/Sketch � �. Description � Parties � Other � (8) TransferoHs) 7he transferor hereby transiere the lantl to the Iransferee and certifies that the transferor is at leest eighteen years old enC thet ............................................................................... ............ . dHn' ' ' . . ' er'son�. . . : . .DVte of SM neture ............... ........................ ' ,f Neme(s�) S atur ) THE CORPORATION OF THE TOWN 1988 i O8; 03 OF PICKERING ..................... 1988i 08, 03 Y �. ..i.. . . . . B'ruce' Ta ' Ior, CIerk . . . . . . . . . .. ' , (9) Spouse(s) ol Transferor(e) I hereby consent to this transaction Date of Signature Name�s) SignaWre(s� v rot o ' � i (10) Transixor��) Addrost . . � rorserv�ce after July 31, 1989 - One The Esplanade, Pickering, Ontario (11) Tranaleree�s) Date of 8irth V M D PICKERING HYDRO-ELECTRIC COMMISSIOI3 (12) Trandarae(e) AGOreu �o�sery+ce 1920 Bayly Street, Pickering, Ontario L1W 3R6 (13) TnMleror(�) The transferor verifies that to ihe best of ihe transferor's knowledge and belief, this transfer does not contravene section 49 of t�e Planning Act, 1983. Date of Signature Date of Signature V M D V M D Signature . . . . . . . . . . . . . . . . . . . . . . . . i ; Signatura. . . . Sollcitor lor Tronsleroqe) I have explained the aBect�of section�49 of the Plenning Act. 1983 to the trensferor and I Aave made inquirias of the transfero�� � to determine that this transfer does not contravene that section and base0 on the information supplied by the Iransferor, to the best of my knowledge Z and belief, this transfer does not contravene that section. I am an Ontario solicitor in gootl stanCing. Date of Signature � Neme end i V , M. D � Address of Signature. . . . . . . . . . . . . . . . . . . i . . . . . .'. . . i O Solicitor ' � ' ' ' ' ' ' ' I y� (14) SoNCitor for TlamNn�(�) I have investigeted the title to this land antl to abutting land where relevant and I em sa[isfied that the title recorOs � a a�, reveal no contravention as set out in subclause 49 (21a) (c) (ii) of the Planning Act. 1983 and that to the best of my knowledge end belief this � �°—' � transfer does not contrevene section 49 of the Plenning Act 1983. I act independently of the solicitor fo� the trensferor(s) and I em en Ontario "c E W;, solicitor in good standing. 3� =� � a y_`- Name and Date of Siqnature d Address of v M o Q �L SOIICIIOI � Signature...... ' ' (15) M�sum�nt Rdl NumWr I Cry. �, Mun.; MaD 1 SuD. Par. Fem �nd Ts: 01 Prop�rty � � ' � ' � Registration Fee (18) Municipal Addroa ot PropeAy (17) Document Pnpand by: W lantl Transfer Tax N not assigned C.M. Timothy Sheffield W Town Solicitor � 1710 Kingston Road p Pickering, Ontario ¢ L1V 1C7 � 70� IU1l311!/84) Province Schedule ol Y Ontano Form 5— LsnC Rpbirotion Refo,m Act, 1984 Page Addltbnal Proparty IMntiflsHs) and/or INTEREST/ESTATE TRANSFERRED OvE 6 �UFNFM CO LI4i*ED Porm Na 99p S 1. T he Transferor hereby transfers to the Transferee the free, uninterrupted and unobstructed right and easement to construct, operate and maintain such under- ground power cables, together with any appurtenances thereto as may be required from time to time 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 (including replacement with underground power cables or larger size and capacity) and maintaining the underground power cables of any part thereof or appurtenances thereto to be constructed, reconstructed, examined, repaired, renewed, replaced or maintained situate in or under the lands. 2. T he 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. 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 hereby, or which may arise out of the existence or operation of the underground power cables, provided the Transferee fills in all excavations and as far as is practica- ble restores the surface to the condition existing prior to any entry thereon to exercise the right hereby granted. 4. T he 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. r J Z � W y � 10178 (12/B4) SCHEDULC E Province Transfer/Deed of Land of V ONerio Form 1— Land Raylstntlon RNorm Act, 1981 DVE 6 DURXRM CO LIMITE� GOrm No 9)0 � (1) Rpbtry � Land TNNs � (2) Page 1 of peges (3) P�opsrty Block Property IMntIMr(�) AEtlitwnal: SCMAuIe � (4) Con�IMratbn � Two Dollars E Z• 00 J Z (5► D�scrlptlon This is a�. Property Property � Division ❑ Consolidation j Firstiy those parts of Lot 26, Range � B.F.C., desig. W as Parts 2, 5, 10, 14, .18 and 24, Plan 40R-11259; and LL Sec� those parts of the road allowance between � NewPropertyldentifiers Concession 1 and Range 3, B.F.C., designated as � Parts 40, 47, 71 and 76; and Atlditional'. ° S� � Thirdly those parts of the road allowance between scnee�ie Concession 1 and Range 3, B.F.C, and former King's ex«uuons Highway No. 2, designated as Parts 31, 41 and 48, neemonnc Plan 40R-11259; s� � Town of Pickering, Regional Municipality of Durham St�edule (6) This (a) Redescription (b) Schetlule foi: (7) In1�mVEs4ts Tnnshmd Document New Easement � Additional Fea Simple ConGins plan/Sketch � � Description � Parties � Other ❑ Easement (8) Tren�feroK�) The transferor hereby transfers the IanO to the transferee antl certifies that the transferor is at leest eighteen years old and that ... ........................................................................... ............ Date of Signature ...................................... ..... ..... ...................... y Name(s) Signature(s) � � TON.ALIST. H.QLDING.S .INC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; . . . . . .!. . . { . . . (9) Spouse(s) of Trensleror(a) I hereby consent to this transaction Date of Signature Name�s) Signature(s) v M o (10) 7rsnsieror(s) Addrea for Servke (11) Transieree�s) YDete otµ irth o ��E. GOi2PQRA�'.IQN.OF. T.HE TQWL�I ............. �,�� 1988.;.08;.03. John E. nderson, �9ayor I OE. PICKERING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i . . . . . .!. . . ; . . . 1988 ; 08 ; 03 ;...;.... Bruce Taylor, Clerk ; (t2} 7rens�eree{s) nddross on or e ore ugus , - mgs on oa , ic ering, n ario torservice after August 31, 1989 - One The Esplanade, Pickering, Ontario (13) Trenderor(t) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 49 of ihe Planning Act, 1983. Date of Siqnature Dete o� Signature V M D � M D Signature . . . . . . . . . . . . . . . . . . . . . . . . i � Signature, . ' ' , Solicitor lor Transle�or(a) I have explained tha eHect�of section�49 oi the Planning Act, 1983 to the transieror anC I have maCe inquiries oi the trensferor Q to dete�mine that thi5 tra�sfer does not contravflne that section anA based on the iMOrmation supQlied by the tra�steror, to tha Oest ot my k�owl8dgfl Z and beliei, this transter tloas not contravane that section. I am an Ontario solicitor in good standing. Date of Signature � Name and , � , M� D a Address of Signature . . . . . . . . . . . . . . . . . . . . . . . . . . ! . . . . . .'�. . . i O SoliCitOr ' ' I � d (11) SdkHw lor TnmAn�(�) 1 have investlgeted the title to this IanO end to abutting land where ralevant and 1 am sa[isfied that the tltle recor05 Ty reveal no contravention as set out in subclause 49 (21a) (c) (ii) of the Planning Act, 1983 entl that to the best ot my knowled e anC beliaf Mis � n= � iransfer does not contrevena section 49 ot the Planning Act 1983, I ect intlependently of ihe solicitor for tha trensferor(s) an I em an Onterio �c E q"w 5olicitor in good stantling. �` vr � a yo_ Nemeand DateofSignature .� Address of v M D Q �L SOIICAOf b y Sign8tuf8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (15) AusumNlf Rdl Numbsf j Cry. �, Mun.', Mep ; SuD. Per. Y Fses anC Tex olPropsAy t i i � ' Z Registration Fee (16) Munlelpal Addrou ol Propsrty (17) Oxumsnt Pnp�rW by: � not assigned C.M. Timothy Sheffield j LandTrensterTax Town Solicitor w U 1710 Kingston Road LL Pickering, Ontario � L1V 1C7 o row iui„n<,e», ProvinCe � oi onta�io Schedule Form 5— Land RpMndon RNorm Acl, 1984 Page AAONIonN Propary INTEREST/ESTATE TRANSFERRED O�E 6 DURNAM CO LIMITEO Porm No 9d0 2 of 3 � 1. 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 and across the ]ands 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 ]ands 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. 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 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 E � The Transferor covenants that it shall execute such further assurances of the right and easement granted hereby as may be required by the Transferee. The burden of this Transfer and of all the covenants contained herein shall run with the lands herein described. This Transfer shall be binding upon and shal] 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 al] of the covenants contained herein shall run with all other ]ands 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, �. ioi�e (iziea� y7A_} ProvinCe i��i7� of �V Ontefm SCHEDULF. F Transfer/Deed of Land Form 1— L�nd RpINnNon Ralorm Ac4 1984 ��E 6 DVRNAM CO tIMIiEO Fwm No WO � (1) HepMry ❑ LendTltMs � (2) Page 1 ot Pages (3) IMn�t�Hs) Block Property AOOitbnal: Schetlub � (4) Comldudbn , Two oo��a,�a z.00 J Z � (5) Dsreriplbn This is a: Property Property Division ❑ ConSOlidetion ❑ � Firstl those parts of the road allowance between � oncession 1 and Range 3, Broken Front Concession, ,� designated as Parts 36, 38 and 40, Plan 40R-11Z59; and LL � New Properry Identifiers ¢ noa�no�ai: Secondl those parts of the road allowance between � snaauie ❑ Co�nd Range 3, B.F.C., and former King's Highway No. 2, designated as Parts 37, 39, 41, 42, 43 and 44, exscutbns Plan 40R-11259 AEtlitional' S� � Town of Pickering, Regional Municipality of Durham Schetlule (6) This (e) Redescription (b) Schedule �or: (7) Int�mVE�4h TroroMrrW �owmeni New Easement � qdditional fee Simple Con4lnt Plan/Sketch � Desc�iption � Perties � Other ❑ Easement (8) Trsniferohs) The transferor hereby transfers the lantl to the transferce and certifies that the transteror is at least eighteen years oltl and that ............................................................................... ............ Date of Signeture Name�s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signature(sj . . . . . . . . . . . . . . . . . . . . . . . . v , M D T0�3A�,IST HOLDINGS INC� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :. . . . . .i. � . . . (9) Spousa(s) ol Transfe�or{a) I hereby co�seat to this trensaction Date of Signature Name�s) SignaWre(s) v M o (10) Tnnslarorys) Addreu for Service (11) Troasferee�s) rth � ���"a+.� v �oM ' • 03� THE GORPORATION OF THE TOWFV ��- 1988e; 08� � John E. Anderson, Mayor OF PiCKERFNG . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � . . . . . .'.. . ! 08i 03 ; 1985 , Bruce Taylor, Clerk (12) Translerae(s) AAdmss on or e ore ugust , - ingston oa , ic ering, ntario iorservice after Au ust 31, 1989 - One The Esplanade, Pickering, Ontario (13) TraoabroKf) The transferor verities that to the best ot the transferor's knowledge antl 6elief, this tra�sfer does �ot co�travene sectio� 49 ot the Planning Act. 1983. Date of Signature Date o( Signature V M D � M D Si nature . . . . . . . . . . . . . . . . . . . . . . . . . . i � Signatura. . . . . Solicito� for Traneleror(e) I have explained the effect�of seCtionf49 of the Planning Act, 1983 to Ihe transferor anA I have made inquiries of the Iransferor� � to determine that this transtar Aoes noi contravene that secBOn and based on tha information supplled by the transfaror, to the best of my knowiedge Z and belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Dete of Signature � Name and , � � M� D a Address of Siqnature . . . . . . . . . . . . . . . . . . . . . . . . . . ! . . . . . .'�. . . ; . . . � Solicitor I � (11) SoNCltq lor Tnn�Nr�s) I have investigated the title to this land and to abutting IanO whare relevent and I am setisfieC that the tiUe records � o a� reveal no contravenhon as set out in subclause 49 (21a) (c) (ii) of the Planning Act, 7983 and thet to the best of my knowtedge end belief this �-= � transfer does not contravene section 49 Of the Planning Act 1983. I act independently of the solicito� for the transieror(s) and I am en Ontario 2� �F� solicito� in good standing. a y_`o- Name and Date of Signature K � d AGtlf8S5 Of Y M D Q�t Solicitor ySignature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (15) Auastm�nt Roll NumW� j Cry. �, naun.l, Mep ; Suo. Per. � Faes and Tax ol Prop�rty � � � ! Z (18) Munitlpsl Address ol Property (17� Doeument Pnpand by: p Registration Fce W Land Trensfer Ta�c not assigned C.M. Timothy Sheffield � Town Solicitor cwi 1710 Kingston Road o Pickering, Ontario ¢ L1V 1C7 0� Taw ia, �31, zroa� Province Schedule of Y Ontano Form 5— Lanc! Rpbtndon Retonn AM, 1984 Pege snd/or Other Inlamation INTEREST/ESTATE TRANSFERRED ovE y ounH�M co uMirEo ro�m uo sso S 1. The Transferor hereby transfers to the Transferee the free, uninterrupted and unobstructed right and easement to operate its public bus transportation system, together with any vehicles or other appurtenances thereto as may be required from 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 their passengers, servants, agents and workmen, with al] necessary equipment, machinery and vehicles to enter upon the lands at all times and to pass and repass thereon in the course of or for the purpose of using or operating such system. 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. 3. T he 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 operation of the public bus transportation system or existence of any vehicles or other appurtenances thereto. 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 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 its public bus transportation system. io»e ��zra4�