Loading...
HomeMy WebLinkAboutBy-law 3606/90 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3606/90 Being a by-law to attthorize the execution of a Transfer of storm sewer easements to The Corporation of the Town of Picketing in Platt 40M-1643, Pickering. WHEREAS The Corporation of the Town of Picketing requires storm sewer easements over parts of Lots 3-13 and Blocks 19-21, 25-28 and 31, Plan 40M-1643, Picker'mg, for the purpose of draining storm water through Plan 40M-1643, Picketing, 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 Picketing 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 Landlord Erin Developments Ltd. to The Corporation of the Town of Pickering over those parts of Lots 3, 4 and 5, Plan 40M-1643, Picketing, designated as Parts 1-3, Plan 40R-13285. 2. The Mayor and Clerk are hereby authorized to execute a Transfer of storm sewer easement, in the form attached hereto as Schedule B, from Frank Fisico to The Corporation of the Town of Picketing over those parts of Lots 6, 7 and 8 and Blocks 25, 26, 27, 28 and 31, Plan 40M-1643, Pickering, designated as Parts 1-8, Plan 40R-13224. 3. The Mayor and Clerk are hereby authorized to execute a Transfer of storm sewer easement, in the form attached hereto as Schedule C, from Landlord Erin Developments Ltd. to The Corporation of the Town of Picketing over those parts of Lots 14 and 15 and Blocks 19, 20, and 21, Plan 40M-1643, Picketing, designated as Parts 9-13, Plan 40R- 13224. BY-LAW mad a first, second and third time and finally passed this 3rd day of December, 1990. W~yn~-~Arthu~, Mayor TOWN CF i PICKERING APPROVED AS TO FORt LEGAL DEP7 ~' THE CORPORATION OF THE TOWN OF PICKERING I~Y-I.-AW ]NO. 3606/90 Being a by-law to authorize the execution of a Transfer of storm sewer easements to The Corporation of the Town of Pickering in Platt 40M-1643, Pickering. WHEREAS The Corporation of the Town of Picketing requires storm sewer easements over parts of Lots 3-13 and Blocks 19-21, 25-28 and 31, Plan 40M-1643, Picketing, for the purpose of draining storm water through Plan 40M-1643, Picketing, 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 Picketing 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 Landlord Elm Developments Ltd. to The Corporation of the Town of Picketing over those parts of Lots 3, 4 and 5, Plan 40M-1643, Picketing, designated as Parts 1-3, Plan 40R-13285. 2. The Mayor and Clerk are hereby authorized to execute a Transfer of storm sewer easement, in the form attached hereto as Schedule B, from Frank Fisico to The Corporation of the Town of Picketing over those parts of Lots 6, 7 and 8 and Blocks 25, 26, 27, 28 and 31, Plan 40M-1643, Pickering, designated as Parts 1-8, Plan 40R-13224. 3. The Mayor and Clerk are hereby authorized to execute a Transfer of storm sewer easement, in the form attached hereto as Schedule C, from Landford Erin Developmems Ltd. to The Corporation of the Town of Picketing over those parts of Lots 14 and 15 and Blocks 19, 20, and 21, Plan 40M-1643, Pickering, designated as Parts 9-13, Plan 40R-13224. BY-LAW read a first, second and third time and finally passed this 3rd day of December, 1990. TOWN CF PICKERING APPROVED AS TO FOR~ LEGAL OEPT~ lmnmer/o m L.nd A (4) ~ IMPOSED PURSUANT TO SUBDIVISi~G~MENT NIL NewPropedyldemJfiem Part of Parcel Plan-2, Section 40M-1643, being ~=,,,l: Part of Lots 3, 4 and 5 on Plan 40M-1643, s,, designated as Parts 1, 2 and 3 on Plan 40R-13285, ~ Town of Pickering Ex~ Regional Municipality of Durham ' ~"~ P~ ~ ~ Easement l) T~8) T~ tranB~mr ~mby tm~t~ the Mhd to t~ ~rans~ I/We have authority to bind the ~ : : Corooratign I ~y c~t to ~is tran~on Date of S~tum w~ 70 Leek Crescent, Richmond Hill, Ontario, L4B 1H1 (11) lm~l) Date of Bi~ THE CORPORATION OF THE TOWN OF PICKERING ~, ~Y~q.qn~. ~ 1990} 12 Bruce Taylor, Clerk Pickering Civic Centre, One The Esp]anade, Pickering, Ontario, LIV 6K7 ~nfli~ ~ 1~. Date of Sig~tum Date of Sig~lum Y M O Y M O M~ Y M O~ , , : NOT ASSIGNED ~nd T~ T~ NOT ASSIGNED ROBINS, APPLEBY & TAUB 130 Adelaide Street West Suite 2500 Toronto, Ontario M5H 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, together with a right of the Transferee, its successors and assigns and its End 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 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 arise out of the existence or operation of the storm drainage works, provided the Transferee fills in all excavations and as far as is 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. $. The burden of this Trans-~er and of all the covenants contained herein shall run with the lands herein described. 6. This Transfer shall be binding upon and shall enure to the benefit of the parties hereto and their respective successors and assigns. LAND BENEFITED {DOMINANT TENEMENT) 7. The benefit of this Transfer and all of the covenants contained herein shall run with all other lands and interests in land owned, occupied or used by the Transferee, its successors and assigns for the purpose of operating and maintaining storm drainage works. form I - Lind Trlnsfer T~x Act Affid~it of R~iden~ a~ of Value of t~ ~nsi~.ti~ ~.f.. m ~# i.,~,~., on ~v~ ~. Page IN THE MATTER OF THE CONVEYANCE OF ~a~ ~o~s 3-5~ Plan 40~-1643, (Pa~s 1-3~ Pla~ 40~-13285) ~M, Timot~ ~E 0A~ ANO ~Y THAT: ~ {d~ a~horiz~ a~t or ml~}tor ~ in this~t~0~tioq for ~ ~N ;aa ~orattoa o[ ~e ~o~ de~rlb~ in Dare,aDh(s) lek {b). (c) ~ove; ~ contain/el lea~ o~ a~ not more t hen two single family residences. 4. ~HE TOTI[ CONSID[RAT~ON FOR THIS TRAN~CTION 18 ALL--TED l$ (ii) Given ~k to ve~or ............................... (~) S~uriti~ transf~r~ to the value of (~M ~) ...................... $ (e) Liens. I~. annulti~ e~ mainte~nce charges to w~ich ;ransfer is ~)~t ....... $., If) Oth~ valuable consolation ~bj~t to land transfe; tax (~t=l ~ ........ S (g) VALUE OF LAND. BUILDING. FIXTURES AND GOOOWlLL SUBJECT TO LAND TRANSFER TAX (ToMIoffaIte(f)) ..................... $ N~ ih) VALUE OF ALL CHATTELS - items of tangible ~rsonal DrO~rly (j) TOTAL CONSIOERATION ................................. No relationship bc~e=n tra~feror and transferee, 7, Othmre~rksa~exDlenatio~.~fn~e~ry ~a~S~ o~ s[o~ se~e= easements Sworn ~efo,! me at mTOWll, of Pickering ~n ,., Regional Mumcipality of Durham roll 4th aa¥of December~ ~9 90 Commi~aionm- for la{< ing Affidavit,. etc. C.M. Timothy Sh~d P~ope~¥ Info~m~ion ~ri~ nalure of in~rument: Transfer/Deed of ~nd i) ~dr~ of pro~rty ~J~ convey~ ~ ~1 One ~e ~pl~de~ P;ckenng~ Ontario LIV 6K7 (ii) L~I d~tiption of ~o~rtv conveyS: Same as in D.(i) abo~. Y~ ~ No ~ Not kn~n ~ To~ Soli~t6r REGISTRATION NO. SCHEDULE B o, Transfer/Deed of Land (~)IWW'm) ~ P~ (4) ~ IMPOSED PURSUANT TO SUBDIVISION AGREEMENT N~L Part of Parcel Plan-l, Section 40M-1643, being Part of Lots 6, 7 and 8 and Part of N~Prop4~yldenUfie~ Blocks 31, 28, 27, 26 and 25 on Plan ~.,~. ~ 40M-1643, designated as Parts 1, 2, 3, 4, 5, 6, 7 and 8 respectively on Plan 40R-13224, ~ Town of Pickertng ~.~,: Regional Municipality of Durham ce 'titles t~at one transferor is at ~east eighteen years old and that I am a spouse. rom me, as our family residence. N~S) S~m) Y (%e)~,)~ c/o dos~ph.~cgi~r,.Ba~r~ste~ ~ Solic~qr,.2810 Victoria Park Avenue, Y THE CORPORATION ~ THE TOWN OF P~CKER]NG (la)~m)~kering--~ ~ Civic Centre, On~ The Esplanade, Picketing, O~aKlo, L1V 6K7 ~MiN~ j : NOT ASSIGNED F~TM ~OBE~S. APPL~BY & TAUB NOT ASSIGNED 130 Adelaide Street West Suite 2500 Toronto. Ontario MSH 2M2 (Gary H. Harris/sw) , . ule 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, 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 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 arise out of the existence or operation of the storm drainage works, provided the Transferee fills in all excavations and as far as is practicable restores the surface to the condition existing prior to any entry thereon to exercise the right hereby granted. ¢. 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 6ENEFITEO (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 maintaining storm drainage works. Form 1 - lend Transfer Tax Act Affidlvit of R~iden~ a~ of Value of the Consideration Page 3 of 3 Part Lots 6, 7, 8 and Blocks 25. 26. 27. 28 & 31. Plan 40M-1643~ Plckerlng (Parts 1-8. Plan 40R-13224) Frank Fisico MAKE Oi~ AND ~Y THAT: ~ (d~ e~or~z~ ~gt or m~;or ~n; ~ t~i~t~9~;~io~ for ~ 4. THE TOTAL ~NSIOERATION FOR THIS TRANSACTION IS ALL~ATEO ~ FOLLY: ~) Moni~ ~.~ or ~o ~ ~ in cash ..................... S iii) Give~ ~k to ve~o~ ........................... $ N~ ~c] Pretty trlnsf~r~ i~ exchange ~) .................... $ N~ {f} Ot~er valuable cons~era~ion ~bj~ to lan~ transfer lax (~t~ ~ ....... $ ~i] ~~-~-.~s.o ,~.~.~.~/ ......................... s Nil H) Ot~ co~s~eretlon fo~ t~e~t~ ~t i~clu~ i~ <g) or ~) above ...................... {~) TOTAL CONSIDERATION ............................. ' ........ No relationship be~een ~ra~feror and transferee. 7. Oth~remarksa~explanations. ifn~e~rv. Transfer of sto~ sewer easements to a municipality pursuant to S~division Agreement requirements. Sworn before, me a! ,hTOW]] of Picketing ~. the Regional Municipality of Durham ,h~, 4 th ."ay or December, ~9 9 0 Commiltion.r for taking Aff~.¥H., etC. C.M. Timothy Sh'~i~ze~d Property Information Recard ~,i~ nature o, }nstrumen, Transfer/Deed of ~nd i) ~re~ of pro~r~y ~i~ convey~ ~*v*~) ~/a (ii) A~nt Roll NO. One ~e ~planade~ P~ckering~ Ontario LIV 6K7 Part of Parcel Plan-2, Section 40M-1643, being Part of Blocks 21, 20 and 19 and NewPropeflyidemtifier~ Part of Lots 15~'~14 amd==5, on Plan 40M-1643 s,, designated as ~rts 9, 10, 11, 12~.1~ ~ ~ respectively on Plan 40R-13224, ex~ Town of Pickering Regional Municipality of Durham (4) ~ (a)~ ~h~uie for: ~ I~ T~ ~ ~K ~ ; ~i~n~ Pa~ ~ ~ Easement , 8) T~I) T~ trans~r~ ~y tm~f~ the land lo t~ trans~ ~~i~K~~ ~t I/We have authority to bind the Corooration ' Date o~ Smn~tum ~/A ~ 70 Leek Crescent, Richmond Hi11, Ontario, L4B IH] ~11) l~m) THE CORPORATION OF THE TOWN OF PICKERING j 1990) 12(04 ~ayne ~thuss~ Mayo= Bruce Taylor, Clerk Pickering Civic Centre, One The Esplanade, Pickering, Ontario, L1V 6K7 l(13) T~I) The transferor verifies {hat to the ~St Of the transferor's k~wl~ and ~lief, this transfer d~ not contmv~e ~tion 49 of ~i~ ~, 1~. Date of Sig~lum Date of S~natu~ { Y i u, o . Y { u ~ o A~ ~ -. : : l~i ~ ~ ~ ~ ~ ~ in ~u~ 49 (21a) lc) (ii) ot ~ ~ni~ ~ 1~ ~ ~ ~ ~ ~ M I ~ ~ .......................... ~ ...... ~... ~... ASSIGNED ROBINS, APPLEBY & TAUB,.mi NOT ]30 Adelaide Street West Toronto, o, Schedule Iron'n S -- LJflcl ReglBlrmllm Rdomt Ad. i~4 ' Addllo~d Pm,10edy IdsfllM~.) .nd~Vo.-OIIm, Irmmndkm 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, together with a right of the Transferee, its successors and assigns and its and their servants, agents and workmen, with al) 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 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 arise out of the existence or operation of the storm drainage works, provided the Transferee fills in all excavations and as far as is 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. S. 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 maintaining storm drainage works. r~m I . L~nd T~far T~x Act Affi~vit of R.ide~ ~ of VIlut of ~ Con~lt~ THE MATTER OF THE CONVEYANCE 0; ~~ , Part Blocks 19~ 20 & 21~ and Part Lots 14 a~d 15. Plan 40M-164~: (Parts 9~ 10~ 11~ 12 and 13~ Plan 40R-13224) ~K! OA~ AND ~Y ~AT: zne ~orat]on O[ mc J9~ OZ ricge~g (ii) Given ~ to ~r ............................... S LAND TRANSFER TAX (Tot~/of(~)toff)) ...................... $ N~ S Ii} Ot~ co~a~n f~ tr*n~t~n ~ i~l~ in Ig) or Ih) *hove ........................ S Ii) TOTAL CONSIDERATION ' S No relationship ~een tra~feror and Oth~ r/~rksl~explenet~, if n~e~ry. Transfer of storm, sewer easements to a municipality ~ursuant to S~division Agreement requir~ents. :,,o,. ~f~: m.,, t~.Town.of.P, ickering t~ Regional Munic~pahty of Durham 4th d.¥of December, ~9 90 Commluion~' fo, tieing Afflclavitl. ~tc. !: C.M. T~moth¥ S~d Property InformatiOn Raco~d o..=,a= ~.t.,. of ~.,,um..t: Transfer/Deed of Land (il Addra~ofpro0~tyl~eingconveyed~b~f ' (ii) A~e~tn~nt Roll No. ~4m~l~) Mailing ~ddrell(el) for futura Notic~ of One The Esolanade. Pickerine. Ontario L1V 6K7 (ii) Legal delc¢~tiO~ of I~'o~'W ¢orwayed: S~rr~ ~ in O.(i) M)ov~. Yet ("'~ NO~ Not k~ CM. ~mothv Sheffield ~EGISTRATION NO. To~ Soli~t~r.