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HomeMy WebLinkAboutBy-law 3188/89 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3188 /89 Being a by-law to authorize the execution of a Transfer of easement for sanitary sewer purposes from The Corporation of the Town of Picketing to The Regional Municipality of Durham over that part of Block 3, Plan 40M-1591, Picketing, designated as Part 1, Plan 40R-12248. WHEREAS, The Corporation of the Town of Picketing is the owner of Block 3, Plan 40M-1591, Picketing, and, pursuant to the provisions of section 193(1) of the Munici- pal Act, R.S.O. 1980, chapter 302, the council of a corporation may pass by-laws for disposing of 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 easement for sanitary sewer purposes, in the form attached hereto as Schedule A, from The Corporation of the Town of Picketing to The Regional Municipality of Durham, respecting a sanitary sewer easement over that part of Block 3, Plan 40M-1591, Picketing, designated as Part 1, Plan 40R-12248. BY-LAW read a first, second and third time and finally passed this 19th d'ay of Jun~,, 1989. Wayne Ar~tfurs, -Mayor .~, l/~uce Taylor ('Clerk TOWN OF PICKERING APPROVED THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3188 789 Being a by-law to authorize the execution of a Transfer of easement for sanitary sewer purposes from The Corporation of the Town of Picketing to The Regional Municipality of Durham over that part of Block 3, Plan 40M-1591, Pickering, designated as Part 1, Plan 40R-12248. WHEREAS, The Corporation of the Town of Pickering is the owner of Block 3, Plan 40M-1591, Picketing, and, pursuant to the provisions of section 193(1) of the Munici- pal Act, R.S.O. 1980, chapter 302, the council of a corporation may pass by-laws for disposing of 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 easement for sanitary sewer purposes, in the form attached hereto as Schedule A, from The Corporation of the Town of Pickering to The Regional Municipality of Durham, respecting a sanitary sewer easement over that part of Block 3, Plan 40M-1591, Picketing, designated as Part 1, Plan q0R-12248. BY-LAW read a first, second and third time and finally passed this 19th day of June, 1989. TOWN OF PICKERING APPROVED LEGAL DEP] o, Transfer/Deed of Land A Forte I -- tam] R.gl~tmtlon Reflxm Act, 1~4 (4) (S) D~Hp~n ~is is a: Part of Bl~k 3, R~i~ter~ Plm ~1591, dosi~at~ as Part ~, Pi~ ~R-I~ being Part of Parcel T~ of~'~i~al ~ici~li~ of ~rh~. ................................................ ~&~: ............................... ~... ~... )(9) S~u~s) of Tmnll~o~l) I ~y con~nt to this tran~ction Data of S~nature Name{s) Sig~tum(s) Y M D O0)T~e)A~710 Kingst~ Road, ~~tarlo ~(11) Tren~l) D~ ~ ~ ~~ ~ ~ Per: Y ~ o Per: : ................................................. ~*W*. ~Y~. Clerk 1121 r~t)~05 Rossl~d Road ~st, ~itby, ~tario L~ 6~ for S~ (13} Tr~fe~9) The transferor verifies that to the best of the transferor's knowledge a~d ~fief, this tran~er Planning Act 1~. Date of Signature Date of S~matum S~nature. . ~, : ' Signature ................... 8~r I~ Tmnefe~(~) ~ ha~ explain~ the eff~t of ~cti~ 49 of the Plannl~ Act, 1~ to ~e tm~f~r a~ I ~ to ~t~ t~t t~ tra~fer ~s ~t contra~ne t~t ~ion and ~ on t~ info~flon ~1~ ~ t~ t~r, ~ ~ ~ ~ ~ k~ and ~f, this trans~ d~ not contmve~ that s~tion. I em an Ontario sol~it~ in ~ s~ndl~. Na~ ~ Y I M j O ~it~ , 11) Mu~ ~ ~ ~ (1~ ~ P~ ~ I Not available 605 Rossl~d R~ E. ~itby, ~tario L~ 6~ IOll , .__-149-88/aA~ .- ,173 (12/84) o, Schedule Ont~zlo S From $ -- L.nd Regletm~mn RefOmt Act, 1~4 ~DIT~ ~ ' ~ T[~feror8 hereby tr~femto tho Troffers, ~t~ ~cee,or~ ~d as~[~,, the fre~, ~intermpt~ ~d ~bstmcted right ~d eas~t to cmstmct, o~rate ~ maintain ~ch s~tta~ ,~ or ~ers togo~or ~th ~y ~d all a~rt~ce, thereto ~ ~y ~ r~tr~ rrm tim~ to t~m~ in, aeros,, md~r ~d rhr~ eho l~d~ ~ro p~r~f~l~rly de~ert~ fn ~x 5 h~r~f. TOGETHER with the right of the Transferee, its successors amd aastgns and its amd their 8errants, agents, contractors and workmen with all necessary materials, equipment, machinery and vehicles to enter upon the said lands at all times 8~d to pass and repass thereon for the purposes of installing, constructing, reconstructing, ex~mining, altering, repairing, renewing or replacing (including replacement with sanitary sewer or sewers of larger size or capacity) and maintaining the said sanitary sewer or sewer8 or ~ part thereof whether or not any part to be so constructed, installed, repaired,' reviewed, altered, replaced or maintained is situate on the land described in Box 5 hereof. TO HAVE AND ID HOLD the said easement or right in the nature of an -_-9Ement o~, in, across, under and through the lands described in Box 5 hereof unto the Transferee, it successors and assigns for its and their sole and only use forever. AND 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 fro~ any end 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 operatien of the sanitary sewer or sewers and accept the consideration mentioned herein in full satisfaction of all such claims, provided the Transferee fills in all excavations and as far as is practicable, restores the surface to the condition existing prior to any antry thereon to exercise the rights hereby granted. AND 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 Tran8feror. AND the Transferee shall have quiet possession of the said rights and easements, free fro~ all encumbrances, save as hereinafter mentioned. AND the Transferor covenants with the said Transferee that it will execute such further assurances of the said rights and easement8 as may be requisite. STU. ^~ / / \ / \ / ...~<¢., ~" \, Photocopy of portion of engineering drawing showing relocated .sanitary sewer.