HomeMy WebLinkAboutBy-law 3671/91THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW {NO. 3671/91
Being a by-law to authorize the execution of a Tran,grer
of a storm sewer easement to The Corporation of the
Town of Pickering in Plan 40M-1515, Pickering.
WHEREAS The Corporation of the Town of Pickering requires a storm sewer easement overpart of Lot
21, 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 3{)2,
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 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 Stanley Byers and Lee Kathryn Byers to The
Corporation of the Town of Picketing, over that part of Lot 21, Plan 40M-1515, Picketing,
designated as Part 2, Plan 40R-13236.
B Y-LAW read a first, second and third time and finally passed this 4th day of Marcia, 1991.
Wayne .~'thu~, Mayor
TOWN CF;
PICKERING
APPROVED
AS ,TO FORM
THE CORPORATION OF THE TOWN OF PI(2KE~
]~'-LAW_~IO. 3671/91
Being a by-law to authorize the execution of a TranL~eer
of a storm sewer easement to The Corporation of the
Town of Picketing itt Plan 40M-1515, Pickering.
WHEREAS The Corporation of the Town of Pickering requires a storm sewer easement over part of Lot
21, Plan 40M-1515, Picketing, for the purpose of draining storfn water through Plan 40M-1515,
Picketing, and pursuant to the provisions of section 193 of the Municipal Act, R.S.O. 1980, chaplet 31)2,
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 Stanley Byers and Lee Kathryn Byers to The
Corporation of the Town of Picketing, over that part of Lot 21, Plan 40M-1515, Picketing,
designated as Part 2, Plan 40R-13236.
BY-LAW read a first, second and third thne and finally passed this 4th day of March, 1991.
Wayne ~a~hu~-, Mayor
TOWN. GF~
PICKERING
APPROVED
· ,TO FORM
LIEGAL DE P'~.
SCHEDULE A
New prol~ Identifiers
Execullon~
Transfer/Deed of Land
Fon11 1 -- Lind Reglstmll~l Relotm Act, 19~4
T ((1) Rlgieby [] LlndTitl~ [:~2)
3) ~.de.~.) B,ock pro~.y
~(4) Cm~kl.~aUon
See
nil
Page 1 of ..~.~ pages
Dollars $
(S) Descdp~n This is s: ~oparty Propa~
DiviNon [] Co~l~ation []
Part of Parcel 21-1, Section 40M-1515
being Part of Lot 21, Plan 40M-1515
now designated as Part 2 on Plan 40R-13236
Land Registry Office for the Land Titles
Division of Durham
' I Iofer~l/EatMe Trer4fermd
(~) This (a) Redescrlptlon ~(b) Schedule for: (7) Fee Simple
· AddRionei
~ New Eaesment ~ De~xlptlon [] Parties [] Osha' [~
I
c.~*-tm Pie~Sketch [] i
>(I) Treeefero~s) The transferor hereby transfers the land to the transferee and certifies that the transferor Is at least eighteen years old End that
We are spouses of one another
Date of Signature
BYERS, Stanley __ ~-~/~-~
'* ' ' ' ' ' ' ' ' ' * ' ' ' 'BYERS, Lee Kathryn' ' ' ' ' ' ........ ' ......... ~:~~..: .~-~. :~,/.~. ''' , '' ' '' ' '''' · ' ' · J,' ' ' ' ' 'r '': ' '' '
(g) Spouse{s) Of Trensfexo~(s) I hereby co~esnt to this transaction Data of Signature ·
Name(s) Signature(s) Y M
(lO)?renaf~s)&dd~ 206 Hoover Drive, Pickering, Ontario
for Ser~tce
~(11) Trensfexee(s) Date of Birth
Y M D
THE CORPORATION OF THE TOWN OF PICKERING
.........................................................
.............................................................................. ]1991 .~.
Bruce Taylor, Clerk
,r
(12) Tren*fe~e(s) Addmes
for~ One the Esplanade, Pickering, Ontario, LiV 6K7
13 Tree·faro s The transferor f the bast f th t a f
( )
Planning Act. 1983. Date of Signature Date of Signature
Signature ......................... : ............... Signs ure .......................... .,, ..............
$oitell~r Ira' Transferor(s) I have explained the effect of section 49 of the Planning Act, 1983 to the transferor and I have mede Inquiries of lbs transferor
to determine that this transfer does not contravene that section end based on the Inf(xmetlon supplied by the transferor, to the best of my knowledge
end ballet, this transfer does not contravene Ihat section. I am an Ontario solicitor in good standing. Date o! Signature
9IN·me·nd I Y ~ u i o
Address of
Solicitor ~gne[ure .........................................
'~ I (14) lelcltol' for Tnmlflme(i) t have investigated the title to this ;and and to abutting ;and where relevant end I am satisfied that the flue records
I~'~. ~1 rev~ei no contravention as set out in subclauea 49 (~le) (c) (il) of the Planning Act, 1083 and that to the best of my knowledge and belief this
~'~1 transfer does not contravene section 49 of the Planning Act 1 g83. I act independemly of the solicitor Ior the transferor(s) andl am an Ontario
I~~= I Name and Date O[ Signature
I~x'e I Address of Y M D
~ Signature .......................... ! ...... ' .......
of Property
>(16) Muofolp~l Addre~ of Prol~rty 17) Document Prepared by:.
Stephen H. Farber
not assigned BOWMAN, FARBER & CERESNEY
~110 - 2100 Ella·mere Rd.
Scarborough, ON M1H 3B7
Schedule
From $ -- Land Reg~.'~-.; Refrain A~t. 1~4
p.~;~ 2 of 3
to.al Prt~x,~ty Id~ntl~e~t) MM' Oth.~ Infmmatl~n
INTEREST/ESTATE TRANSFERRED
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.
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 Fight 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 as far as is practi-
cable restores the surface to the condition existing prior to any entry thereon
to exercise the right hereby granted.
/'he 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,
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
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 and of Value of the Consideration
Page 3 of 3
"~e'~orporanon ~ Town of Pxckermg
C.M. Tunothy Sheffield
MAKE OATH AND BAY THAT:
[] (d) Th~ au~orized agegt or so.Li~itor ~qting in th.~s~.r, an~sactipn for 0~ea M.,~s)
I ne ~.orporatlon ot tne lown Ol ylcKermg
deScribed in paragraph~'~[~.X~l~ (c) above. ¢~t,k, out ~terence~ to
r'J (el The President. Vice-President. Manager. Secretary. Director. or Treasure~Xu~'~L~]~]Jact for (tr~ea name(s)of
described ~n paragraph(s) (a). (b). (c) above: (stoke out ~,~c*~ to~n~ica~e~regra~M)
[] (fl A transferee described in paragraph( ) (interiorly ~ of~aragrap~ (al. (b) or (c) above, as ~licable) and am mak lng this affidavit on my ow~ behalf and on
[~J contains at least one and not mo~e than two single family residences Note: Clause 2(1) (d) imposes an additional tax at the rate of one-half 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) to[f)) ............. $
(h)VALUE OF ALL CHATTELS - items of tangible personal property
Nil
Nil
Nil
Nil
Nil
Nil
Nil
Nil $ Nil
Other consideration for transection not included in (gl or (h) above ........... $ Nil
TOTAL CONSIDERATION $ NJJ
No relationship between transferor mid transferee.
6. If the consideration is nominal, is the land subject to any encumbrance~ NO
7. Other.~emark~.and e~planations, if necessary
, ransmr o~ storm sewer easement pursuant to Subdivision Agreement requirements.
Sworn before me at the Town of Picketing
inthe Regional Municipality of Durham
this 13ih day of February to 91
A Commissioner for takin9 Affidavits. etc.
Property InJotmatlon Record
Transfer/Deed of l_.~d
I~ M Timnthv ~h,.Ft';~.14
B. (i) Address of property being conveyed (Ifavaile,~le)
(ii) Assessment Roll No. (#ava.c~) n/a
C, Mail. ling adj;~ss(e~ fo[ futura No.t~e%of ~ssessm~.nt un~er the Assessment Act for property being conveyed (see it~ruct~ ;3
~ne toe ~sptana(te, t-tcKermgt Unt~m LtV 6K7
(il Registration number for last conveyance of property being conveyed (if availed)
(ii) Legal description of property conveyed Same as in D.(i) above
Name(s) and address(esl of each transferee's solicitor
C.M. Timothy gheffi,-ld
Town golicitnr
PickerlnE; ~'.rio
I.IV ilK?
Yes[] NoD Not known ~j~
For Land Registry Offlee use only
REGISTRATION NO
Land Registry Office No
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The Town of Pickering I ss?3Sl Ontario Lzmited
Plan 40Z4~1515, Pxckerin
LEGAL SERIFICES DEPARTMENT I - ' g
j- Transfer of Storm Sewer Ease