HomeMy WebLinkAboutBy-law 3269/89 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO.3269 /89
Being a by-law to authorize the execution of
Transfers of easement to The Corporation of the
Town of Picketing respecting storm sewer ease-
ments in Plan 40M-1603, Picketing.
WHEREAS The Corporation of the Town of Picketing requires storm sewer easements
in Plan 40M-1603, Picketing, 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 Picketing 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 Sereno Holdings Limited
to The Corporation of the Town of Picketing, respecting a storm sewer ease-
ment over Part Block 26, Plan 40M-1603, Pickering (Part 1, Plan 40R-12535).
2. The Mayor and Clerk are hereby authorized to execute a Transfer/Deed of
Land, in the form attached hereto as Schedule B, from 770373 Ontario Limited
to The Corporation of the Town of Picketing, respecting storm sewer easements
over Part Lots 16, 17, 20, 21 and 25, Plan 40M-1603, Picketing (Parts 2, 3, 4,
5 and 6, Plan 40R-12535).
BY-LAW read a first, second and third time and finally passed this 2nd day of October,
1989.
Wayner Art/h~,rs, ayor - ~. 7
/' B~ce Taylor,/ C16rk
TOWN OF'
PICKER~NG
APPRgVED
LEGAL DEPT.
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO.3269 /89
Being a by-law to authorize the execution of
Transfers of easement to The Corporation of the
Town of Pickering respecting storm sewer ease-
ments in Plan 40M-1603, Picketing.
WHEREAS The Corporation of the Town of Pickering requires storm sewer easements
in Plan 40M-1603, Picketing, 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 Sereno Holdings Limited
to The Corporation of the Town of Pickering, respecting a storm sewer ease-
ment over Part Block 26, Plan 40M-1603, Pickering (Part l, Plan 40R-12535).
2. The Mayor and Clerk are hereby authorized to execute a Transfer/Deed of
Land, in the form attached hereto as Schedule B, from 770373 Ontario Limited
to The Corporation of the Town of Picketing, respecting storm sewer easements
over Part Lots 16, 17, 20, 21 and 25, Plan 40M-1603, Pickering (Parts 2, 3, 4,
5 and 6, Plan 40R-12535).
BY-LAW read a first, second and third time and finally passed this 2nd day of October,
1989.
TOWN OF'
PICKERING
APPROVED
LEGAL DEPT.
Transfer/D d of Land
(3) P~ Bilk Pr~
approval TWO ...... ~1~$ 2.00
' Parcel - Part of Parcel Plan-l,
Section 40M-1603,
being part of Block 26,
N~ Pr~ 14~tif~ Regis tered Plan 40M- 1603,
A~,~,: being designated as Part 1 on
~u. E Reference Plan 40R-12535
E~e Town of Pickering,
Regional Municipality of Durham.
(I) Tr~r~l) T~ trans~ror here~y frans;ers t~e ;and to t~ transfer~ ~~~ . ....
Date of Signature
............................................. I. have· au f'~ority..to, bind· th~. co~:por~ti<
Pau clocchl - Pres~ent :
I have authority to bind th~ co.r~or.ati~
>(~) s~<~s) of Trenaf~o~s) I ~ .onsent to this transaction Data of Si~mamre
N~(S) S~g~tu~e(s) Y u D
,
(~O)~.)a~ 4000 Steeles Avenue West, Suite 200, Woodbridge, Ontario.
fmS~ L4L 4V9
>(11) Tre~,~.) Y~o~,
Wayne Arthurs, Mayor
[ 9s9 [09
Bruce Taylor, Clerk :
'
(~2}T~,)~dm~ 1710 Kingston Road, Pickerin9, Ontario L1V 1C7
> % T I Tn't ~ f mtt m ~t fmt ~ ~ ~ t
~ ~anning A~, 1~, Date of Sig~ture ~ ~ Date of Signature
I ~r ~Tm~(~) I ~ve ~plain~ t~ eff~t ~ ~ction 49 of the Planning Act. 1~ to therefor a~ I ~ve ~de inqul~ of t~ transferor
~l tO ~ine t~t this tm~f~ ~ ~t c~tra~ne lhat ~i~ and ~d ~ t~ Inf~tion s~p~by t~ tmnsfmor, to t~ ~st of my kn~dge
Z[ ~ ~. this t~ ~ ~t ~t~ve~ t~t ~tion. I em an Ontario ~l~it~ in ~ s~n~. . Date ot
tr~ ~ ~ c~tr~ ~ti~ 49 of t~ P~nning A~ 1 ~. I ~t i~n~ntly of the ~l~itor for t~ transf~or(s) and I am an On~rio
~= I N~e ~ Date of Signature
Barristers and Solicitors,
Suite 902, 50 Burnhamthorpe
Road W., Mississauga.
35B 3C2 (B. W. Tinsley)
INTEREST/ESTATE TRANSFERRED
1. The T~ansferor 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 requited from
time to time in, under and across the lands herein described, together with a tight of
the Transferee, its sueeassors and assigns end 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 (Ineuding replacement
with 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 hereby, or
which may a~lse out of the existence or operation of the storm drainage works,
provided the Transferee fills in all excavations and as far as if practicable 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 all covenants contained herein shall run with the
lands herein described.
6. This Transfer shal! be binding upon and shall enure to the benefit of the parties
hereto and their respective successors and assigns.
LAND BENEFITED (DOMINANT TENANT)
?. The benefit of this Transfer and all of the covenants oontained 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 maintaining storm drainage
works.
Affidavit of Residence and of Value of the Consideration (4"~'~ *w- ~, "#~
Refer ~o eli instructions oN ,ever$~ side. Page 3 o f 3
IN ~HE MA_T_TER OF .THE .~ONVE, Y~C~QF
raft Block 2~, Plan ~um-~ou3, PickeTing
(Part 1, Plan 40R-12535)
~ereno ~ol"'"4'~ngs Limzted
The Corporation of the Town of PickeTing
C. M. Timothy Sheffield
MAKE OATH AND SAY THAT:
The Corporation of the Town of PickeTing
N~ne
4 THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS:
{a) Mon,es paid or to be paid in cash . . $
(g)VALUE OF LAND. BUILDING. FIXTURES AND GOODWILL SUBJECT TO
LAND TRANSFER TAX (Toralof
(i) TOTAL CONSIDERATION
No relationship between trmnsfer~r and transferee.
~ran~r ~ ~orm ~ewer e~semen~--V6 a munlc~palzty pur~ to ~ub~lvislon Agreement
requirements.
Swornbeforemeattne Town of PickeTing
,.t~e Regional Municipality of Durham
t~i~ 20th da~of September ~ 89
Commissioner for taking Affidavit,, etc C.M. Timothy ~e[field
Property Information Record
A Describe nature of instrument Transfer/Deed of Land
(i) Address of property being convey~ (If availS) ~/~
1710 Kingston Road~ Picketing, Ontario LIV IC7
(ii) Lega~ description of Orooerty convey~ Same as
C, M. Timothy Sheffield
Town Solicitor
Town of PickeTing Lan~ a~s~r~ Office ~o.
1710 Kingston Road
Picketing, Ontario
LIV
: -" Transfe/Deed
.v -.,o, r of Land
Ontirio
FMm 1 -- Lind Regllb'lllan Reform Act. 1~4
(1) a..k~/ [] L.nd Tm. [] ~]~2)
(s) r~,) mo~k
(4) C on~Meretlon imposed as a ¢ond±tion of development
approval TWO ...... Do4mrs $ 2.00
(S) De~cdp~n This is e: F~ope~y Prepare/
Divisio. [] Con.Dilation []
~ Parcel Part of Parcels 16-1. 17-1. 20-1.21-1.25-1
Section 40M-1603,
,Identifiers being Part of Lots 16, 17, 20, 21 and 25,
A~ Registered Plan 40M-1603,
~ ,
Sch~duk. [- being designated as Parts 2, 3, 4 5 and 6 on
Reference Plan 40R-12535
~a.~m Town of Pickering,
A~i~.a~: Regional Municipality of Durham.
I) ?~ (N Red~rlption i(b) Schedule for ~ (7) In~m~t/Est~le
~t New Easement ! Aed~ional
Ce.~.~ Pan/Sketch [] i De~rimion [] Pe,ies [] Other [] EASEMENT
?~kro~s) The trens~ro~ ~eredy tm~fe~ the lan~ to t~ tranafer~
Date of Signature
Name(s) Signature(s) ~ I t
................... P?.r.... .... i ......
Joseph Tarquini/~resident i '' !''
, I have authority to bind th~ cor~oratio
l) S~I) of T~n~f~o~l) I ~y c~nt to this ~an~ction Date of
Sig~ture(s) Y M D
110)~)~ 139 Pemberton Road Richmond Hill Ontario. L4C 3T6
T~.~)
W~ '~d~,' '~6~ ...... ~ ...... F ' ' i' '
~1989 D9 ~20
.................................................... ~ '~--"--Taylor ,' 'C~ ............ ~' '
<12)T~,)~. 1710 Kingston Road Pickering, Ontario. L1V 1C7
(13) T~I) The transferor verifies that to the ~st of the transferor's knowledge and belief, this transfer does not contravene ~ction 49 of me
~ ~a~ni~ ~t, 1~. Date of Signature Date of Signature
I ~ ~ Tm~ll~l) I ~ve ~ai~ t~ eff~t of ~ti~ 49 of t~ Planning Act, 1 ~ to t~e tra~fero[ a~ ~ ~e i~uid~ of t~ transferor
~[ to ~t~i~ t~t thil trl~f~ ~ ~ ~tra~ne that ~i~ a~ ~ on t~ infor~tion suppl~ by t~ transferor, to t~ ~st of my kn~ledge
· 1 ~d ~f, thil troffer d~ ~t c~tmv~ that ~tion. I mm an Ontario solicitor in g~ s~nding. , Date of Signature
~1 ~d~ of -. ! : r
O ~i~ ~gnature ................................. ,. ........
[~ I ~ I (t41 ~ ~ T~.) I nam i~t~ tM title to this IBM aM to a~ffing land wMm m~ant and I am ut~ tMt tM title
I~{~1 ~11 ~ ~l~tl~ u ~ ~t In lu~ua 4g (21a) (c) (ii) of t~ Pmflnl~ ~t 1~ a~ ~at ~ me ~t of my kn~e aM ~lief
[.}.1 Nell. Date of Signature
I
(15) ~tR~u~ C~ ~Mun~ ~.p Sub Pir
11) M~M AW M P~ (1~ ~t PW~ ~:
not assigned W~IR & FOULDS, DAVIS, WEBB, ~~~~ndTrl~t.rT~
Barristers and Solicitors, '
Suite 902, 50 Burnhamthorpe
Road West, Mississauga.
L5B 3C2 (B. W. Tinsley) '
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 be required from
time to time In, under and across the lands herein described, to~ether 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 (inoudlng replacement
with 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 reJeases 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 ~lse out of the existence or operation of the storm drainage works,
provided the Transferee fills in all excavations and as far as if practicable restores
the surface to the condition existing prior to any entry thereon to exercise the right
hereby ~'anted.
4. The Transferor covenants that it shall execute such further assurances of the right
and easement g~anted hereby as may be required by the Transferee.
5. The burden of this Transfer and all covenants conta{ned 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 TENANT)
?. 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 ma{ntaining storm drainage
works.
Affidavit of Residence and of Value of the Consideration ~-,~,~ aw. ,. ,m~
Refer to all instruct~ohs on rever~ ~ide. Page 3 o~ 3
(P~r~s 2, 3, 4, 5 and b, Plan 4OR-1ZSBS)
The Cor~r~on of the To~u o~ P~cker~mg
MAKE OATH ANd ~Y THAT:
The Corporation of the Town o[ P[ckerm;
N~n~
{a) Monmes pard or tO be paid in cash . $ ~.00
(ii} G,van back to vendor $ R~I
(g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO
LANd TRANSFER TAX {~otalof[a) to{f)) .............. S ~_O~ $ ~.~ ~
(i) TOTAL CONSIDERATtON $ ~
No relationship between trnnsferor and trnn~fer~e.~
~ans~e~ of stosm sewe~ easements to a municipa11Cy pussuan~ to Subdivision AB~eemen~
requirements.
Sworn be 0 e me at the Town of Picketing
in ~t~e ResJonal ~u.JcJpalJ~y o[ Durham
~,~ 20th darer SeptemSer, ~g 89
Commissioner for taking Affidavits. etc Co M. Timoth~V~&'[field
Property Information Record
Describe nature of instrument' Transfer/Deed of Land
(i) Address of property being conveyed/~'mvm#mb,'~/ n/a
1710 Kingston Road, Pic~er[n~, Ontario L[V [C7
(H) tegatdescriDtionofprope~tyconveF~ Same as in O.(i) above Yes~ NO~ go~knowm~
Town Solicitor .E~ST.AVm..0
1710 Kingston Road
Picketing, Ontario R~,st~B~,on Dam
LIV