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HomeMy WebLinkAboutBy-law 3205/89 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3205/89 Being a by-law to authorize the execution of a Transfer of storm sewer easement to The Corporation of the Town of Picketing from John Boddy Developments Ltd. over those parts of Blocks 30 and 31, Plan 40M-1569, Pickering, designated as Part 1, Plan 40R-11865. WHEREAS, The Corporation of the Town of Picketing requires a storm sewer easement over parts of Blocks 30 and 31, Plan 40M-1569, Picketing, for the purpose of draining storm water through Plan 40M-1569, 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 Picketing 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 easement, in the form attached hereto as Schedule A, from John Boddy Developments Ltd. to The Corporation of the Town of Picketing over those parts of Blocks 30 and 31, Plan 40M-1569, Picketing, designated as Part 1, Plan 40R-11865. BY-LAW read a first, second and third time and finally passed this 19th day of June, 1989. erk --TOWN OF PICKERING APPROVED .EGAL D£PT~ THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3205/89 Being a by-law to authorize the execution of a Transfer of storm sewer easement to The Corporation of the Town of Picketing from John Boddy Developments Ltd. over those parts of Blocks 30 and 31, Plan 40M-1569, Picketing. designated as Part 1, Plan 40R-11865. WHEREAS, The Corporation of the Town of Pickering requires a storm sewer easement over parts of Blocks 30 and 31, Plan 40M-1569, Picketing, for the purpose of draining storm water through Plan 40M-1569, 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 easement, in the form attached hereto as Schedule A, from John Boddy Developments Ltd. to The Corporation of the Town of Pickering over those parts of Blocks 30 and 31, Plan 40M-1569, Picketing, designated as Part 1, Plan 40R-11865. BY-LAW read a first, second and third time and finally passed this 19th day of June, 1989. Wayne Ar~t'hurs; Mayor ~ruce ~aylor ,/Clerk / TOWN OF PICKERINO APPROVED Parcel P~-1, Section 40M-~, ~g t~se ~ts of BI~ 30 & 31, P~ 4~-1569, ~ Na~s) Sig~s) Y (lO)~m)l~ 245 Yorkland Boulevard, Suite ~306, Willowdale, Ontario, ~2~ 4W9 Y THE CORPO~TION OF THE TOWN OF PICKERING UlT~d~i)~ 1710 Kingston Road, Picketing, Ontario, LlV 1C7 A~rm M Blake, Cassels & Graydon not assi~ 100 York Boulevard Richmond Hill, Ontario L4B 1J8 (DT) Nature of Easement Tr~ns.~rred The free, uninterrupted and unobstTucted right and easement for the Transferee, its suc- cessors and assigns, and its and their agents, employees ~nd contractors to use the lands described in Box 5 (the "Lands") for the purpose of constructing, reconstructing, examin- ing, repairing, renewing or replacing and maintaining a storm sewer system or shy part thereof whether or not any part to be so constructed, repaired, renewed, rep]aced or maintained is situate on the Lands, subject to the covenants set out below. Covenants,, RelatinE to Easement Transferred 1. The Transferor and its successors and assigns shall keep the Lands free and clear of all buildings and structu~ee, except fences, and shall not place or remove any fill on or' from the Lands, nor do or permit to be done any other thing which may injure or damage any of the Tranaferee's works thereon. 2. The Transferee shall as far as is practicable restore the Lands to the condition existing prior to any entry thereon to exercise the rights hereby granted. 3. The burden of this indenture and of ~l the covenants, terms and conditions herein contained shall run with the Lands and with all other lands and interests in lands owned, occupied or used by the Transferee, its successors and assigns, for the pur- pose of operating and maintaining the storm sewer system and this indenture shall be binding upon and enure to the benefit of the pa,-ties hereto, their respective successors and assigns. ,n.~M ~d G,~n. u.~t~ Page 3 Form JIM (~M~ Form 1 - ~ Trimfer Tax Ad Affid~it of R~idence a~ of Value of ~l ContiM~ion Part of Sl~ 30 ~ 31, P~ 4~-1569, 40R-11865. SY~~,~ J~ ~DDY D~LO~ L~. TO(M.~.,~.~.~ ~ CO~TI~ OF ~ ~ OF PIC~RI~ ~K! Ok~ kNO bY ~AT: . ~ contlins ~t Ill~ One ~nd not more t~n two ~ingle f~mily re~idences. 4. THE TOTAL CO~IDERATT~ ~OR THIS TAAN~CTtON ts AL~ATED A~ (a) Moni~ ~lid or to =e Deid in c~h .......................... $ ~, 00 (il) Given ~k t0 vezot .............................. S R~ ~ ~C) Pro~rty tr~r~ in exchl~ M W ......................... $ ~ ~ ] M (d) S~rlties trln~T~ t0 the vllul of (~ ~ ........................ S ~ If) Oth~ velul~ll co~;~ll~n ~bj~ to II~ trlnsf~ tax (~ ............ S ~ ] (g) VALUE OF LAND, BUIL01NG. FIXTURES AND GOODWILL SUSJECT TO LAND TRANSFER TAX ~O~o~(4J~ff)/ ....................... ~ ~.~ S 2.0~ (h) VALUE OF ALL CHA~E~ · itKl of ta~ible ~nll ~r~rty (j) TOTAL CONSIOERATION ................................................. S between Tr~sferor ~d Tr~sferoo, Tr~sf~r 0f Ease~nt to ~icipalitv (~nt'd ~ ~7) Sworn before me lt the Town of Pickering i. th, Regional Municipality of Durham this o dayof 19 ~8. A Comml~ion~ for t~i~ Aff~itt, ItC. *~, ~fer of ~ 7 ~ ~ ~drm(fl) for future ~oti~ of (ii) L~I d~i~t~fl of ~r~y C.M. Tl~thy ~effield To~ Of Picketing 1710 ~neston Road L,~ R~t,ryOff~No. Picketing. ~tario L1V 1C7 R~iltrltion Oltl The Town of PickeringJ LEGAL DEPARTMENT John Boddy Developments Ltd. Storm Sewer Easement - Part Blocks 30 & 31, Plan 40M-1569 - (Part 1, Plan 40R-11865)