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HomeMy WebLinkAboutBy-law 3263/89 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO.3263/89 Being a by-law to authorize the execution of a Transfer of easement to The Corporation of the Town of Pickering respecting a storm sewer easement in Plan 40M-1529, Picketing. WHEREAS The Corporation of the Town of Pickering requires a storm sewer easement in Plan 40M-1529, Pickering, for the purpose of draining storm water, and pursuant to the provisions of section 193 of the Municipal Act, R.S.O. 1980, chapter 302, a municipal council may pass by-laws fc 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/Deed of Land, in the form attached hereto as Schedule A, from J.E.T.N. Investments Limited to The Corporation of the Town of Picketing, respecting a storm sewer easement over Part Lot 3, Plan 40M-1529, Picketing (Part 1, Plan 40R-I2492). BY-LAW read a first, second and third time and finally passed this lSth day of September, 1989. Wayne Ar.t.J~ars, Mayor Bruce Tayhlr, Clerk TOWN OF PICKER!FIG LEGAL D£TPt~ THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO.3263/89 Being a by-law to authorize the execution of a Transfer of easement to The Corporation of the Town of Picketing respecting a storm sewer easement in Plan 40M-1529, Pickering. WHEREAS The Corporation of the Town of Pickering requires a storm sewer easement in Plan 40M-1529, Pickering, for the purpose of draining storm water, and pursuant to the provisions of section 193 of the Municipal Act, R.S.O. 1980, chapter 302, a municipal council 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/Deed of Land, in the form attached hereto as Schedule A, from J.E.T.N. Investments Limited to The Corporation of the Town of Pickering, respecting a storm sewer easement over Part Lot 3, Plan 40M-1529, Pickering (Part 1, Plan 40R-12492). BY-LAW read a first, second and third time and finally passed this 18th day of September, 1989. TOWN OF PICKER!NG APPROVED LEGAL D[~P~ Transfer/Deed of Land SCHEDULE^ A Folm I -- Lind Regtltmllm~ Reform A~ E ~%: ~ of Pic~r~g (8) T~ (a) R~ri~i~ lib) Schedule 10~: I ~ aut~rity to b~ >(9) S~u~) of T~*~o~,) I ~y con,hi to Nam(s) lO) ~n.~mr(~) ~dm~ (11) Tmna~me(~) THE CORPORATION OF THE TO~ OF PICKERING D~uce~vlo~, (~2) ~n~leme(~) ~dmee I Planning ~t. 1~. Date of Sig~tu~ Date of ~natu~ ~[ Na~and ~ Y ~ M ~ D ~ ~ ~ (141 Solicitor for Transferee(s} I ha~ investigat~ t~ title to ~ S~nature ........................ '... ~ .... o,p~..y ' zs{ 0z~ ~zd 040 ~ O~04e ~ ,,z,, ' 568 ~lia Crescent ~iffiths & P~ll Pickering, ~t~io 50 ~ais ~i~, Suite 505 Schedule FormS--I.~dR~R~o~m~.~4 2 of 3 ~ Propedy ~*) ~,'or Ot~ ~nt~tlon INTEREST/ESTATE TRANSFERRED 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 he 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 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 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 tt 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 aa far aa is practi- cable restores the surface to the condition existing prior to any entry thereon to exercise the right 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 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 and main- taining storm drainage works. Affidavit of Residence end of Value of the Conlideretion Page 3 of 3 IN THE MATTER OF THE CONVEYANCE OF Part Lot 3, Plan 4C~-1529. PickerinR (Part 1. Plan &OR-12492) .I.E.T.]~. Investments I~TLmited The Corporation of the Town of Picketing C. M. Timothy Sheffield ', The Corporation of the Town of Pickering None {al Monies oaid or to be paid in cash ........................ $ LAND TRANSFER TAX (Tote~of[alto[fl/ ........................ $ No relation.~hi.n between transf~rnr and trannfer~- Transfer of storm sewer easement to a municipality pursuant to SubdiviSion Agreement requirements. S,~o~. t~o,. ~e e~ ~e Town of Picketing ~.~e Regional Municipality of Durham ~h~ 18th d.¥ot September ~ 89 ACommislionerfortaklngAffldavits, e~c. Ce Me TJmothy'*"~'~fleld Property Information Record A. Descrlbenatureotinstrument: Transfer/Deed of Land 1710 Kingston Road, Pickering, Ontario LIV (ii) Legal descriotion of ~'ooer tV conveyed: Same as in D,(i} above. Yes [] No [] Not known [] C. M. Timothy Sheffield Town Solicitor REGISTRATION NO. Town of PickeTing La,nd Registry office No, 1710 Kingston Road Picketing, Ontario Registration Date LIV IC7