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HomeMy WebLinkAboutBy-law 3673/91THE CORPORATION OF THE TOWN OF PICKERING BY_-LAW NO. 3673/91 Being a by-law to authorize the execution of a Tran~geer from The Corporation of the Town of Picketing to Ernest Arthur Coombs and Marlene Joan Coomb$ respecting those parts of Lot 1, Plan 410, Pickering, designated as Parts 10 and 11, Plan 40R-7284 (Twyn Rivers Drive). WHEREAS The Corporation of the Township of Picketing (of which The Corporation of the Town of Pickering is the successor) is the owner of those pans of Lot 1, Plan 410, Picketing, designated as Parts 10 and 11, Plan 40R-7284; and WHEREAS those lands are no longer required for the purposes of the Corporation, the lands having been stopped up as public highway by By-Law 1578/82, enacted November 22, 1982 and registered as Instrument No. D147750 on November 29, 1982; NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk axe hereby anthorized to execute a Transfer, in the form attached hereto as Schedule A, of those parts of Lot I, Plan 410, Picketing, designated as Pans 10 and I I, Plan 40R-7284, from The Corporation of the Town of Picketing to Ernest Arthur Coombs and Maxlene Joan Coombs, the owners of the lands abutting thereon on the north side. The Mayor and Clerk are hereby authorized to execute an Indemnification Agreement, in the form attached hereto as Schedule B, between Ernest .4dlhur Coombs and Maxlene Joan Coombs and The Corporation of the Town of Picketing, respecting the indemnification of the Town for any utility relocation costs which may be incurred as a result of the Transfer referred to in section I. 3. The sale price for the transfer of the lands referred to in section I shall be $2.00. BY-LAW read a first, second and third time and finally passed this 4th day of March, 1991. TOWN OF PlCKERING APPEOV[D AS TO FOR ' Wayne ,~rth~, Mayor THE CORPORATION OF THE TOWN OF PICKERING ]~-LAW NO. 3673/91_ Being a by-law to authorize the execution of a Tranffer from The Corporation of the Town of Pickering to Ernest Arthur Coombs and Marlene Joan Coombs respecting those parts of Lot 1, Plan 410, Pickering, designated as Parts 10 and 11, Plan 40R-7284 (Twyn Rivers Drive). WHEREAS The Corporation of the Township of Picketing (of which The Corporation of the Town of Pickering is the successor) is the owner of those parts of Lot 1, Plan 410, Picketing, designated as Parts 10 and 11, Plan 40R-7284; and WHEREAS those lands are no longer required for the pnrposes of the Corporation, the lands having been stopped up as public highway by By-Law 1578/82, enacted November 22, 1982 and registered as Instrument No. D147750 on November 29, 1982; NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor m~d Clerk are hereby authorized to execute a Transfer, in the form attached hereto as Schedule A, of those parts of Lot 1, Plan 410, Pickering, designated as Parts 10 and 1 I, Plan 40R-7284, from The Corporation of the Town of Picketing to Ernest Arthur Coombs and Marlene Joan Coombs, the owners of the lands abutth~g thereon on the north side. The Mayor and Clerk are hereby authorized to execute an Indemnification Agreement, in the form attached hereto as Schedule B, between Ernest Pmhur Coombs and Marlene Joan Coombs antl The Corporation of the Town of Pickering, respecting the indemnification of the Town for any utility relocation costs which may be incurred as a result of the Transfer referred to in section 1. 3. The sale price for the transfer of the lands referred to in section 1 shall be $2.00. BY-LAW read a first, second mid third time and finally passed this 4th day of March, 1991. Wayne ~th~, Mayor SCHEDULE A o, Transfer/Deed of Land New Property Identifiers See Schedule Additional: See Schedule [] (8) This (a) Redescription (b) Schedule for: Document New Easement ; Contllnl Plan/Sketch [] Description [] Form 1 -- Lind ReGistmtl<~ Reform Act~ 19~4 (1) ,,~,~ [] (3) Pr~ Bilk Pro~ (4) ConN~at~ Two Do,a~ S 2.~) (s) DeKHplmon This is a: Pro~y Pro~y Division Pa. Lot !, Plan 410, be~B P~s ]0 ~d I 1, Plan 40R-7284, subject to an c~emcnt in favou~ of ~e ReBion~ ~unicip~i~y of Durh~ over Para t0. Plan 40R-7~4, ~ set out in ~stmment No. Dt477fil. Town of Pickerels, Re~ion~ ~unicip~ity of Durham (7) Intem*~l~e Tm~fe~ A~itional F~ Simple Pa~i~ Page 1 of 2 pages Transferor(i) The transferor hereby transfers the ia d to the tra sfer¢ A Date of Signature Name(s) Signature(s) . THE CORPORATION. OF.THE ................................................... 1.9. 91.~i 0.3 ! 0 4. Wayne Arthurs, Mayor . TOSVlq. OF. PICKERING .............................................................. i ........ ............................................................................... 1.9.9 1 .'~ 0.3 i04. Brace Taylor, Clerk , of Transferor(s) I hereby consent to this transaction Date of Signature Name(s) Signature(s) Y M (10) Tranlleror(s) Addre~/~ .... for Se~e UI]e I nc ~spl~aae, Picker~g Civic Cent~, Pickerhag, Ont~io L1V 6K7 Trenste~s) Date o~ B~h ~ O / COOMBS Ernest Arthur COOMBS, Marlenc Joan ·. e:~ j.qig[ t~9~m[s ................................................................ (12) Transferee(s) Address fo, sew~oe 44 Twyn Rivers Drive, Picketing LI V 1 E2 < (13) Transferor(s) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 49 of the Planning Act, 1983 Date of Signature Date of Signature Signature' ................................ , ' ....... , " S'g nature ........................... : ...... i'...'j .... } Solicitor tel Transferor (s) t have exptained the effect o~ section 49 of the Planning Act, 19~3 to the transferor and t have made inquiries of the tTansteror ,~ I to determine that this transfer does not contravene that section and based on the information supphed by the transferor, to the best of my knowledge ZI and belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature ~-I-OI Name and ~'l ~ I (14) Solicitor' for Tren~lree(.)I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records ¢ I~'~ ~. reveal no contravention as set out in subclause 49 21a) (c) ii of the Planning Act, 1983 and that to the bast of my knowled~[le and belief th.is ~ [E~ ~J I transfer does not contravene section 49 of the Planning Act 1983. I act independently of the solicitor for the transferor(s) an(Il am an Ontario ~. )~ ~ ~l solicitor in good standing. ~- J~ ~5~ I Name and Date of Signature I,<~ | Addres~ of Y M D ~ Signature .......................... ! ...... ~ .... :. · · 44 Twyn Rivers Drive Picketing, Ontario LIV IE2 (15) A~eMmentnoilNumber jCl-/, iMun. i Map i Sub. Par. of Proptrty i : r%(16) Municipal Address of Property ; ' ' I , , (17) Documenl Prepared by: C. M. Th~mthy Sheffield Town Solicitor Town of Picketing Ooe The Esplanade Pickeriltg, Ontario LIV6K7 Fee~ emi Tax SCHEDULE B THIS INDEMNIFICATION AGREEMENT made March 4, 1991, BETWEEN: ERNEST ARTHUR COOMBS and MARLENE JOAN COOMBS (hereinafter collectively called the "Owner") OF THE FIRST PART, THE CORPORATION OF THE TOWN OF PICKERING (hereinafter called the "Town") OF THE SECOND PART, WHEREAS, by Instrument dated Division of Durham as Instrument No. Town of Picketing; and registered in the Registry Office for the Registry , the Town has conveyed to the Owner certain land in the NOW THEREFORE, THIS AGREEMENT W1TNESSETH THAT, in consideration of the conveyance by the Town to the Owner of that land and of the covenants contained herein, the Parties hereto agree as follows: The land affected by this Agreement (herein called the "Land") are those parts of Lot 1, Plan 410, Picketing, designated as Parts 10 and 11, Plan 40R-7284. The Owner shall save harmless and indemnify the Town from and against all claims and demands in respect of the conveyance by the Town to the Owner of the Land, anti from and against all losses, damages, costs, charges and expenses which the Town may sustain or incur as a result of the location or re-location of any public or quasi-public utility or service necessitated by, caused by, or resulting in any way from the above-mentioned conveyance. This Agreement and everything contained herein shall enure to the benefit of and be binding upon the Parties hereto and their respective heks, administrators, successors mid assigns. IN WITNESS WHEREOF, the persons comprising the Patty of the First Part have hereunto set their hands and seals and the Party of the Second Part has hereunto affLxed its corporate seal, duly authorized by its proper officers. SIGNED, SEALED AND DELIVERED In the presence of ERNEST ARTHUR COOMBS In the presence of MARLENE JOAN COOMBS THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Brace Taylor, Clerk