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HomeMy WebLinkAboutBy-law 3150/89 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3150/89 Being a by-law to authorize the execution of a Transfer of part of Block G, Plan M-1162, Picker- lng, from The Corporation of the Town of Picker- ing to Erin Amelia Investments Ltd. (Parts i and 3, Plan 40R-11728). WHEREAS, pursuant to section 50 of the Planning Act 1983, S.O. 1983, chapter 1, The Corporation of the Town of Picketing entered into a Subdivision Agreement dated October 17, 1988 with Erin Amelia Investments Ltd. respecting the development of Draft Plan 18T-8701Z, a provision of which Agreement provides for the Transfer by the Town to Erin Amelia Investments Ltd. of those parts of Block G, Plan M-1162, Picketing, designated as Parts 1 and 3, Plan 40R-11728; WHEREAS pursuant to section 19S of the Municipal Act, R.S.O. 1980, chapter 302, the Council of a municipal corporation may enact by-laws to dispose of lands no longer required by it; 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, in the form attached hereto as Schedule A, from The Corporation of the Town of Picketing to Erin Amelia Investments Ltd. of those parts of Block G, Plan M-1162, Pickering, designated as Parts 1 and 3, Plan 40R-11728. BY-LAW read a first, second and third time and finally passed this 15th day of May, 1989. Wayne Ar~urs Mayor Brude Taylor, Clerk TOWN OF PICKERING APPROVEO LEGAL THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3150/89 Being a by-law to authorize the execution of a Transfer of part of Block G, Plan M-1162, Picker- ing, from The Corporation of the Town of Picker- lng to Erin Amelia Investments Ltd. (Parts 1 and 3, Plan 40R-11728). WHEREAS, pursuant to section 50 of the Planning Act 1983, S.O. 1983, chapter 1, The Corporation of the Town of Picketing entered into a Subdivision Agreement dated October 17, 1988 with Erin Amelia Investments Ltd. respecting the development of Draft Plan 18T-87012, a provision of which Agreement provides for the Transfer by the Town to Erin Amelia Investments Ltd. of those parts of Block G, Plan M-1162, Picketing, designated as Parts 1 and 3, Plan 40R-11728; WHEREAS pursuant to section 193 of the Municipal Act, R.S.O. 1980, chapter 302, the Council of a municipal corporation may enact by-laws to dispose of lands no longer required by itl 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, in the form attached hereto as Schedule A, from The Corporation of the Town of Picketing to Erin Amelia Investments Ltd. of those parts of Block G, Plan M-1162, Pickering, designated as Parts 1 and 3, Plan 40R-11728. BY-LAW read a first, second and third time and finally passed this 15th day of May, 1989. TOWN OF PICKERING APPROVEO LEGAL DE~~. ~OntarroOtProv'nce Transfer/Deed of Land A Fomt -- Lend Registration Reform Act, 1984 (1) fleglMW [] Lend Tllfe~ [] ~2) Page 1 of 2 pages (3) property Block Property Id~ltltifel~l) Additional: (41 Coa~l~'ef fen TwO Dctlars $ 2. O0 '{S) Description This is a: Property Property Division [] Consolidation [] Part of Parcel Plan-l, Section M-1162, Picketing, being those parts of Block G, Plan M-1162, New Proped.¥1dentifiers designated as Parts 1 and 3, Plan 40R-11728 Additional: Executions Town o£ Picketing Additional: see Regional Municipality of Durham Schedule [] (6) This (a) Redescription (b) Schedule for: I (7) Inler~lt/Eetate Tranefel~d Oocumerd New Easement ' Additional ] Fee Simpfe Contains Plan/Sketch [] Description [] parties [] Other [] (8) Transferor(s) The transferor hereby transfers the land to the transferee and certifies that the transferor is at Isest eighteen years old and th'at Date of Signature Name(s) Signature(s) i Wayne Arthurs, Mayor i: OF PICKERING ................................ l Bruce Taylor, Clerk '(9) SpouSe) o~ Transferor(s) ~ hereby consent to this transection Date of Signature Name(s) Signature(s) Y M (10) Transf~'or(s)A~draseon or be£ore October I5, 1089 - ].710 Kingston Road, Picketing, Ont. L1V for Sen~loe >(If)Transferee(s) after October I5~ 1980 - One The Esplanade~ Pickering~ Ontario LIV 6K7 Date of Birth / ERIN AMELIA INVESTMENTS LTD. (t~) Tt~sf~s) Add.se let $~loe ~ 85 West Beaver Creek Road. #2. Richmond Hill. Ont. L4B 1K4 f (13) TraneferO~l) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 49 of the I Planning Act, 1983. Date of Signature Date of Signature [ Y ] U ~ Di . i Y !Mi D I Solicttor for Transferor(s) I have explained the effect of Section 49 of the Planning Act, 1983 to the transferor and I have mede inquirise of the transferor ~ to determine that this transfer does not contravene that section and based on the information supplied by the transferor, to the bast of my knowledge Z J and belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature O[ Name and I Y ! M ; O ~.1[ -- I (14) SoacJtor for Tranefasee(e) I have investigated the titte to this land and to abutting land where relevant and I am satisfied that the title records < .~ ~. reveal no contravention as set out in subclause 49 (21 a) (c) (ii) of the Planning Act, 1983 and that to the best of my knowfedge and belief this ~ ~ ~J [ transfer does not contravene section 49 of the Planning Act 1983. I act independently of the solicitor for the transferor(s) and l am an Ontario 'F ~[ solicitor in good standing, ~. I.2. I Name and Date of Signature [ I~ ~ ~ AddreSs of Y M O (15) Aa~e~ame~lRo~lNumber icky. Mun. i Map ! Sub Par H] F andTax ' ~ , Registrstio~ Fee >(16) Municipal Addre~ of Propa~/ (17) Document Prepared by:. Picketing, Ontario L1V 1C7 I'mll lO~J Total 10173 (12/84~ notification be without effect within 10 clear days after such notice, then in that case, the Director of Public Works shall thereupon have full authority to purchase such materials, tools and machinery and to employ such workmen as in his opinion shall be required for the proper com- pletion of the said work at the cost and expense of the Owner or his surety, or both. (2) In cases of emergency, in the opinion of the Director of Public Works, such work may be done without prior notice but the Owner shall be forthwith notified. (3) The cost of such work shall be calculated by the Director of Public Works whose decision shall be final. (4) It is understood and agreed that such costs shall include a management fee of twenty per cent (20%) of the labour and material value, and fur- ther, a fee of thirty per cent (30%) of the value for the dislocation and inconvenience caused to the Town as a result of such default on the part of the Owner, it being hereby declared and agreed that the assuming by the Owner of the obligations imposed by this paragraph is one of the considerations, without which the Town would not have executed this Agreement. 22. DEDICATIONS The Owner shall dedicate Gloucester Square, Lydia Crescent and Ridgewood Court as public highways upon the registration of the plan. 23. TRANSFERS - CONVEYANCES (1) Within the 30 days immediately following the registration of the plan, the Owner shall convey to the Town, free and clear of all encumbrances, and for the nominal price of $2.00, in each case, (a) Block 7? (open space); (b) Block 78 (parkland); (c) Block 79 (walkway); (d) Blocks 89 and 90 (Dixie Road reserves); (e) Blocks 85 and 86 (fire hall site expansion); (f) Part Lot 37 (Part 2, draft 40R Proiect No. 88-65-2 361.7mZ; storm water drainage). (2) Within the 30 days immediately following the registration of the plan, the Town shall convey to the Owner, free and clear of all encumbrances, for the nominal price of $2.00, in each case, those parts of Block G, Plan M-1162, designated as Parts 1 and 3, Plan 40R-11728. (3) Despite any other provision of this Agreement, the transferee in each conveyance referred to in subsections (1) and (2) shah pay any land transfer tax payable with respect to that conveyance. (4) Despite the provisions of subsections (1) and (2), above, a transfer required therein shall not be deemed to be subject to an encumbrance if that encumbrance relates in any way to the existence or maintenance of a public utility in operation as of the date of this Agreement. 24. TRANSFERS - EASEMENTS (1) The Owner shall arrange at no cost to the Town for granting to the Town such easements as the Director of Public Works or his designate shall deem necessary for the provision of storm water drainage and management facilities both within the boundaries of the plan of subdivision and across lands adjacent thereto but outside its boundaries. (2) Such easements shall be subject to the approval of the Director of Public Works or his designate as to their location and width. 7 FINCH AVENUE ~L0~ 171 " I I, I~l #.' ,~, ( ROAD ALLOWANGE KTW~# CONCESSIONS 1 A~f 2 ) ILOUC~ITER I 74 { ~ ~ BLOCK 21 Gl OUCESTER SGUA~ DETAIL A ~ ~o, ,~ ~ ~ Ci OVC6s/ER m $' 31 SO I RIDGEWOOD I I I BLOCK V, PLAN M-1039