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Home My WebLink AboutBy-law 3647/91THE CORPORATION OF THE TOWN OF PICKERLNG BY-LAW NO. 3647/91 Being a by-law to authorize the execution of a Transfer of storm sewer easement fi'om Varick Lee Shand to The Corporation of the Town of Picketing over Part Lot 63, Plan 40M-1515, Picketing (Part 2, Plan 40R-13237) WHEREAS The Corporation of the Town of Picketing requires a storm sewer easement over Part Lot 63, Plan 40M-1515, Picketing, for the purpose of drainh~g storm water through Plan 40M-1515, Pickering, 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: The Mayor and Clerk are hereby authorized to execute a Transfer of storm sewer easement, in the form attached hereto as Schedule A, from Varick Lee Shand to The Corporation of the Town of Pickering over that part of Lot 63, Plan 40M-1515, Picketing, designated as Part 2, Plan 40R-13237. BY-LAW read a first, second and third time and finally passed this 4th day of February, 1991. Wayne Arthur', Mayor TOWN CF FHCKERING APPROVED AS TO FORM LEGAL DEPT. THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3647/91 Being a by-law w authorize the execution of a Transfer of storm sewer easement fi'om Varick Lee Shand to The Corporation of the Town of Pickering over Part Lot 63, Plan 40M-1515, Pickering (Part 2, Platt 40R-13237) WHEREAS The Corporation of the Town of Pickering requires a storm sewer easement over Part I,ot 63, Plan 40M-1515, Picketing, for the purpose of draining storm water through Plan 40M-1515, Pickering, 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 Picker'mg HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby auflmrized to execute a Transfer of storm sewer easement, in the form attached hereto as Schedule A, from Varick Lee Shand to The Corporation of the Town of Picketing over that part of Lot 63, Plan 40M-1515, Picketing, designated as Pan 2, Plan 40R-13237. BY-LAW read a first, second and third time and finally passed this 4th day of February, 1991. Wayne Arthur., Mayor TOWN OF PICKERING APPROVED AS fO FORM LEGAl DEPT. New Pro~ly Identifiers See {e) _Th~ . (e) Redescripflon New Easement Cm~tel~ Plan/Sketch See Schedule [] (b) Schedule for: (3)~..~..~.) Transfer/Deed of Land (SC.EDU,.E A) From 1 -- Land R~ebalk~ Re~m~ Act, 1~ L~ T~ ~ ~2) P~ 1 d ~ ~ Bilk Pr~ (4) Cof~derltlon A Add~k~ nil ~$) Dll~rlptlon This ia e: Property Properly Division [] Consolidation [] Part. oE Parcel 63-1, Section 40H-1515 being [:'art of Lot 63, Plan 4OM-1515 now designated as Part 2 on Plan 40R-13237 Land Registry office for the Land Titles Division of Durham Additional Parties [] OthM [] (7) Inlersot/EsfMe Tm~termd Fee Simple Tren~#ro~(s) The transMror hereby transfers the lend to the transferee end certifies that the transferor ia et least eightesfl yesm old end thet I am not a spouse Date of Signslure Names) ~. ~ignature(s) t ~--" (3 ( I o ! ~ (10) Tronsten)r(s)A~reH 234 Hoover Drive, fM Se~4oe Sl~S) of Transferor(s) I hereby consant to this transaction Date of Signature Name{s) Signature(s) Y M O Picketing, Ontario Transferee(s) Date of Birth Y M D THE CORPORATION OF THE TOWN OF PICKERING .............................................................................. lg. l Wayne Arthurs, Mayor .............................................................................. ilg. l.i. ' Bruce Taylor, Clerk (12)?m. da~<a)addresa One the Esplanade, Pickering, Ontario, L1V 6K7 [13) Tran~feror(a) The Iransferor verifies that to the best of the transferor'a knowledge and belief, this transfer does not contravene saclion 49 of the Ptennlng Act, 1983. Date of Signature Date of Signature Y M DI [ Y ~ Mt O I i t ~ Signature .... i ; .l. Signature. I ..... t... j : .... SMk:Jlor for Transferor(s) I have explained the effect of section 49 of Ihs Planning Act, 1983 to the transferor and I have made inquiries of the transferor lo determine that this transfer does not contravene thai section and based on the Information supplied by the transferor, to the best of my knowledge I and belief, this transfer does not contmveno that section. I am an Ontario solicito~ in good standing. Date of Signature Name and Y f M ~ D Address of Sotlcito~ Signature .......................... -' ...... ~. · . J. · · ~ i (14) 8(xNeffor for Transferee(I) I have Investigated the title to this lend and to abutting land where relevant end t am satisfied that the title recoil ~ ~.][ reveal no contravention es set out in aubclause 49 (21a) (c) (ii) of the Planning Act, lg~3 end that to the best of my knowledge end belief this ~'~ ill transfer does not contravene section 49 of the Planning Act lg~3. I act independently of the solicitor for the transferor(s) end I am en Ontario j~ll so~icitor in good standing. ~el Ao~ , ~ J Signature .......................... ; ...... i... J. · · I ICky. i Mun.; Map Sub. Par. ~ ii l!. 1, I ' not assigned '~ll,~'s're''on'es (1S! Asa~esmeflt RMI Number of Propedy / Y(16) Munlc~alAWreesofPrope~ ' (l?)O~um~ntPreflared ~ Stephen H. Farber not assigned BOWMAN, FARBER & CERESNE¥ ~110 - 2100 Ellesmere Rd. Scarborough, ON M1H 3B7 o.,.,,o Schedule S - Fomt S -- Land Reg;.~.~.~'-, RelOfllt A~, 19~4 PM 2 of 3 ' Adclfliond Pmpef~y Id~ntlfl~,) ,md/ac Othe~ INTEREST/ESTATE TRANSFERRED The Transferor hereby transfers to the Transferee the free, uninterrupted 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, it successors and assigns and it 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. 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. 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. The burden of this Transfer and of all the covenants contained herein shall run with the lands herein described. e 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) The benefit of this Transfer and all of the covenants contained herein shall run will 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 . Land Transfer Tax Act Affidavit of Residence and of Value of the Consideration Page 3 of 3 The Corporation of the Town of Picketing C.M. Timothy ~heffield MAKE OATH AND SAY THAT: [] (d) Th.~ aut.~horiz~:l ageqt or soljcLtOr ~ting in th.[s~rpn~,actipn for (in~n na,t~$) olpn~ipa~,)) I ne ~orporatlon o! the lOWll or l-'lcKermg described in paragraph(si fa), (bi, (c} above; [] (fi A transferee described in paragraph( )(inseff~nly~eof~arae~aph(a),(b)or(c)abo~,a~ap~llca~l~) andammakingthisaffidavitonmvownbehalfandon [] containsatleastoneandnotmorethantwosinglefamilyresidences Note: Clause 2(1) (d) imposes an additional tax at the cale of one-helf of one per None 4 THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid or to be paid in cash (g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO LAND TRANSFER TAX (Toral of (a) ro lf)) $ Nil Nil Nil Nil Nil Nil Nil Nil s Nil TOTAL CONSIDERATION ................... $ Nil No relationship between transferor and transfcn~e. 6. If the consideration is nominal, is the land subiect to any encumbrance? No 7. Other remarks and explanations, if necessary Transfer of storm sewer easement to a municipality, pursuant to s0bdivision agreement requirements. Sworn before me at the Town of Pickcring m the Regional Municipality of Durham this 21st dayof January m 91 A Commissioner for taking Affidavits, etc. Property Information Record Transfer/Deed of Land (i) Address of property being conveyed (it~veilaPce) One ~ne ,~splanade, Pickering, Ontario LIV 6K7 fi) Registration number for last conveyance of property being conveyed f#ava#~ble) (ii) Legal deSCription of property conveyed Same as in D.(i) above Name(sD and address(es( of each transferee's solicitor I~M Timn~'hy Sheffie!d .Town ~o!i_c!tor _ T~ of o~ckerLng -- Pick~rin~, ~tnr;O I.IV 6K7 Yes I~l NO[--] Not known [-~r For Land Registry Office use only REGISTRATION NO. Land Registry Office No :n "o ALTO NA ~ ROAD The Town of Pickering LEGAL SERVICES DEPARTMENT 557351 Ontario Limited - Plan 40M-1515, Pickering - Transfer of Storm Sewer Ea~