HomeMy WebLinkAboutBy-law 3692/91THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW ~.3692/? 1
Being a by-law to authorize the execution of Transfers of
storm sewer easements to The Corporation of the Town
of Pickering in Platt 40M-1457, Pickering.
WHEREAS The Corporation of the Town of Picketing requires storm sewer easements over parts of
Lots 4 and 5, Plan 40M-1457, Picketing, for the purpose of draining storm water through Plan
40M-1457, 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:
The Mayor and Clerk are hereby authorized to execute a Transfer of storm sewer easement, in
the form attached hereto as Schedule A, from Marlene D'Andrea to The Corporation of the
Town of Picketing, over that part of Lot 4, Plan 40M-1457, Picketing, designated as Part 1,
Plan 40R- 10349.
The Mayor and Clerk are hereby authorized to execute a Transfer of storm sewer easement, in
the form attached hereto as Schedule B, from James Ramsay Kennedy and Geraldine Maria
Kennedy to The Corporation of the Town of Picker'mg, over that part of Lot 5, Plan 40M-1457,
Pickering, designated as Part 2, Plan 40R-I0349.
BY-LAW read a first, second and third thne and finally passed this 2nd day of April, 1991.
Wayne .3~th~, Mhyo~
-TowN
,p?ROVi:U
AS TO
New Properly Identifiers
S(:~-~Db%E A
Transfer/Deed of Land
(4) Co~Io~
TWO --
Ooltam $
($) Deeadpllen This is a: Properly property
Division [] Consolidation []
A
2.00
Part of Parcel 4-1, Section 40M-1457,
designated as Part 1 on Plan 40R-10349
Town of Picketing,
Regional Municipality of Durham
Additional:
See
Schedule
Ex~.~ns
See
Schedule []
I TrlfllferO~(l) The transferor hereby transfem the land to the transferee and certifies that the transferor is et least eighteen years old and that
Date of Slgnstum
............................................................................... Y M O
Name(a) Signeture(~f ~,
Spouas(s) of Transferor(s) I hereby consent to this transection
10) Trensferoe(s)Addre~ 1268 Fawndale Road, Picketing, Ontario
for Se~ce ~
Date of Signature
Y M D
'
(11) Transferee(s)
· .~BE..C9,R~.O..I~.T.I.O.N. .O.E..'~HE. T.O..k~...o.~..P.T.CK~R. TN.G ...............................
~ayne .~.hu:s, Mayor
Bruce Taylor, Clerk
(lZ) T.m~s)addrese One The Esplanade Street, Picketing, Ontario L1V 6K7
f~ S~vk~
Date of Birth
Y M o
(13) Tra.afero~(s) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 49 of the
Planning Act, 1983. Data of Signature Date of Signetum
i netu
Sg re ............................................................. ..... ...............
Soll~tm' fro' Tr~nlfero~l) I have explained the effect of section 49 of the Planning .Act, 1983 to the transferor and I have made ~m:luinse of the transferor
to determine tt~t this tre~sfer does not co~tr evans that section ami based on the info~mation supplied by the trsnsf~or, to the best of my knowledge
and belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature
Nameancl ~ Y ~ M i D
Address Of
Solicitor :31gnature .........................................
-~ (14) ~ ~ Trle~feml(i) I have i~vesfigatad the title to this.!and and to strutting land where relevant and I am satisfied that the title rso..o.r.d...$
I~'~ a, reveal no contravention as set out tn subclause 49 (21 a) lc) (,) of the Planmng Act, 1 g83 and that to ~ best of my knowledge end belief th~a
~E~ ~ transfer does not contravene section 49 of the Planning Act lg83. I act independently of the solicitor for the transferor(s) and I am an Ontado
Ij~ ~ sollcito¢ in good standing.
,=...nd O.,e of s ne,ure
1~ Signature ................................... :..
(1S) ~__-,J~r~nl Roll Nun~er
et Prol~er~/
(16) Munk~lpal A~lre~ of Property
1268 Fawndale Road
Picketing, Ontario
L1V 4G3
j Cty. i Mu..i Map i SUb. ; Par.
i 81 oli olol 0 91 no 6:
{17) Document Prepir~l by:.
STROUD KAUFMAN
~RRISTERS AND S~I~
~6 KIN~TON ROAD
~K~G, ~TA~O
I' 11- --.nd
Lend Transfer Tax
Schedule
.Fm'm ~ -- Lind R~lltr*llofl RilO~m Act, 1~4
~n~ Pfo~ I~ntllle~l) an~ Olher Inflation
~zge_ 2 of 3
~NTI~REST/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 land~ Here~n d~cribed, 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 o~ larger size and
capacity) and maintaining the storm drainage works or any part thcreof or
appurtenances ~hereto 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 ar,}, part of the lands without the expres.~
written consent of tile 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 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 thc surfa~:e, 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 real/ be required by the Transferee.
The burden of this Transfer and of all the covenant.~ 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 BEN]~F1TED (DOMINANT TENEMENT)
The benefit of this Transfer and all o£ 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,
Form 1 - Land Transfer Trax Act
Affidavit of Residence and of Value of the Consideration
ATT R 0 E C Y . ~i~ef ~n ~
IN THE ~al~ ~ot ~, ~v~all ~,~-t~,°l~ic~rlllg~r~ [',~arl 40K-1034V)
TO~., '~e dorporation .,o ~,, ,~ ,~.~o~t~wn~,~,, of Bickering
MAKE OATH AND SAY THAT:
described in paragraph~ (c) above; (,~.~e
J'~ (e) The President. Vice-President. Manager. Secretary. Director. or Treasurer authorized to act for 8,~e~ name~s) of comocaoon($))
aescribed tn paragraph(s} (a), (b), [c) above; [atnkeoutre~renc~to,na~able~arag~a~i~$)
E~ (f) A teansferee described ~n paragraph( ) (inset1 only one of paragraph (a), (b) ~ (c) a~ov~, as ~liCab~) and am reek lng this affidavit an my own behalf and on
[] contains at least one and not more than two single family residences Note: Clause 2(1) (d) imposes an additional tax at the rate of one-half of one per
~on~
4 THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS:
(a) Monies paid or to be paid in cash
(ii) Given back to vendor $
(g) VALUE OF LAND. BUILDING. FIXTURES AND GOODWILL SUBJECT TO
LAND TRANSFER TAX (7'oralof{a) to(f)) ....... $
Nil
Nil
Nil
Nil
Nil
Nil
2.00 $
(i) Other consideration for transaction not included in (gj or (h) above ....... $
s. ~d~ r~atlo~s~lp ~tween transferor an~ ~ans~ree.
No
7. 0ther~mark~and e~pl~nations, if neces~ry
i r~s~er ot sto~ sewer easement pu~u~t to Subdivision As~ement requffements.
2.00 w~,.
Nil
Nil
2.00
s Town ot Pickering
wornb ore [ne at , , .
,. the ~eg~on~lumctpaltty of Durham
this 2nd dayof April 19 91
A Commissioner for tak ing Affidavits. etc
Property Information Record
Transfer/Deed of Land
C.M. Timothv Sheffield
n/a
(i) Address of pro0erty being conveyed (if available)
n/a
(ii) Assessment Roll No. (If available)
MaiJ~ad~J,r~ss(~ for.future Nc~Lce%of ~ssessrJ~nt under [h~ ~k~se~S~p~nt Act for property being conveyed ulle I ne t~splalla(le, r'lclcerulg, L)ntarlo LIV O/~__ /
(1) Registration number for last conveyance of property being conveyed (if available)
(ii) Legal description of property conveyed Same as in D.(i) above
Name(s) and address(es) of each transferee's solicitor
C.M. Timothy Sheffield
Town Solicitor
Town of Pickering
One The Esplanade
Picketing, Ontario
LIV 6K7
Yes• NoO Not known [~
For Land Registry Offict~ use only
{EGISTRAT(ON NO
Land Registry Office No
Registration Date
Property ~denUfiars
S~
See
Transfer/Deed of Land A
From 1 -- Land R~l~tmtkxt Ref~m A~, 1~4
(4) Con~deratlon
(5) De~cdplk)n
Doilnm $ 2.00
This is a: Property Property
Division [] Consolidation []
Part of Parcel 5-1, Section 40M-1457,
designated as Part 2 on Plan 40R-10349,
Town of Picketing,
Regional Municipality of Durham
{G) Tldl (e) Redescription '(b} Schedule for: (7) IIlte~VEMate Trl~lfenld
~t N~ E~ment ; A~io~l F~ SimpM
, ~iption ~ Pa~i~ ~ Ot~r ~ Eas~ent
~IM P~ketc~ ~ :
Date of Signature
~) ......................................... ~'g;~i,i ..... ~'.~'? ....... ?":~'~i ~ i "i °
. .
... ~.~,. ~.~a,ne. ~a~** ................ ~. ~ .... ~.~0.~.//
of Transfero~) I ~r~y con~nt to this tran~ction Date of Signature
Na~(s) Sig~tum(s) Y M D
for$~ 1270 Fawndale Road, Picketing, Ontario
Transfers) Oate 0f 8i~h
·...'rH.~..c. 0aP0.~..TZ. 0.N, .OF..TI~E, TOW~...0F. ~];c..~E.~.z. NG .................................
Wayne AL~.hurs, Mayor
(12) Tran~fMs) Addmtl
fm' ~en~ce · ·
One The Esplanade Street, Pzckerin~, Ontario L1V 6K7
~(13) Tr~lfe~l) The transferor verifies that to the best of the transferor's knowledge and ~fief, this transfer does not contravene ~tion 49 of the~
~snni~ Act 1~. Date of S~gnatum O~te of Signatu~
to ~t~mine that this tra~f~ d~ not contravene that ~ion and ~ on t~ information suppl~ by t~ transferor, to the ~st of my know.ge
and ~l~f. this transfer d~ not ~ntmve~ that ~tion. I am an Ontario solicitor in g~ s~nding. Date of Sig~tum
Na~and j Y ~ M i D
~gne[ure ...........................................
~ J (14) S~ ~ T~S) I ha~ investigat~ the title to t~is la~ and to abuffing land w~m m~ant and I am ~ti~ that the title r~ords
~1 ~al no ~n~a~ion as ~ o~ in su~tau~ 49 (21a) (c) (ii) of the Planning A~, 1~ a~ th~ to the ~ ~ my know.ge a~ ~ef thts
~ ~J trans~r d~ ~ contravene ~tion 49 of the Planning A~ 1 ~. I a~ ind~n~ntly of ~e ~licitor for the tran~eror(s) andl am an Onmdo
~:1 N.m..nd Date of Signature
(15)
~16) Mun~l~l A~re~ of Prope~
1270 Fawndale Road
Pickering, Ontario
Fee~ a~ Tax
Registration Fee
Ad~tlona~ Properly I(~enUffef~l)
2of 3
[NTERIgST/£STATI:~ TRANSFERRED
The Transferor hereby transfers to the Transferee the free, uninterrupted and
~nobstrt~cted 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 e(luipment~ machinery and
vehicles to enter upon the lands at all times and to pass ~nd repass thereon for
replacing (l~cl~fling replacement with storm drainage works o~ 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 Transistor covenants, that it shall not erect any building or structure nor
place or remove any fill bn or from any part of the lands without the express
written consent of the Transferee.
The Transferor hereby releases the Transfcrce from Rny claim which may arise
out of the exercise by the Transferee o£ the right and easement granted here-
by, or which may arise out of the existence nr operation of the storm drainage
works, provided the Transferee fills in all excavations and as far as is practi-
cable restores thc surf,,~: to the condition existing prior to any entry thereon
to exercise the right hereby granted.
The Transferor co~enattts that it shall execute such Iurther assurances of the
right and easement granted hereby as may be required by the Transferee.
The burden of tiffs Transfer and of all the covenant.~ contained herein shall run
with the lands herein described.
This Transfer shall be binding upon and shall enurc to the benefit of the
parties hereto and their respective successors and assigns.
[,AND BENI.iFITED (DOMINANT TI.;NEblI.:N3')
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.
Form 1 * Land Transfer Tex Act
Affidavit of Residence and of Value of the Consideration
IN THE MA TER F '[ ONV ~ ~l )
BY~ ~j~al~e~,~say~ ~o Kennedy and Geraldine' Maria' Kennedy
trt¢ ~orporatton ot uae town of Ptckermg
~'~.~?l~is~o t ~y~ he ~e Id
MAKE OATH AND SAY THAT:
~ (d) T,~,~ autJ~rized agen. t or sol~c.i~or Wing in th~t[~n~action for OrmertnatW~slof~nr~lpa~s# t ne tJorporatton pi me l owrl oIt'lcKermg
described in paragraph(s) (al, lb), lc) above;
[~ (fl A transferee described in paragrabh( )(insenonlyoneotparagrapn(al,(b)O~(C)~o~,~aaAo~A~b~I andammakingthisaffidavitonm¥ownbehalf~ndon
D contains at least one and not more than two single family residences Note: Clause 2(1) (d) imposas an additional tax at the rale of one~alf of one per
4 THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS:
2.00
(al Monies paid or to be paid in cash $
NQ
{ii) Given back tO vendor $ Nil
Nil
(g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO
LAND TRANSFER TAX (Toralof (al to fl)] $ 2.00
TOTAL CONSiDERATiON ............. $ 2.00
~ r~attons~p ~tween transferor and transferee.
2.00
Nil
Nil
'i~ans~er o{ storm sewer easement pursuant to Subdivision Agreement requirements.
Sworn before me at the Town of Pickering
in t,e Regional Municipality of Durham
this 2nd dayof April ~9 91
A Commissioner for taking Affidavits, etc.
Property Information Record
A. Describe nature of instrument Transfer/Deed of Land
B. (i) Address of property being conveyed (If evader,,e) l~a
(ii) Assessment Roll No. (ifava#ab~)
C, Mailj~.g ad~ss(e~ for, future~No~.pes, of Assessr~nt un(~er
Ulle I lie l~.SplanaQe, vlcKerlng, L~ntarlo L,I¥ Olk /
C.M. Timothy Sheffield
(ii) Legal description of property conveyed: Same as in D,(i) above Yes [] No [] Not known
C.M. Timothy Sheffield
Town Solicitor
Town of PickerinE
One The Esplanade
Pickerine. Ontario
LIV 6K~
For Land Registry Office use only
REGISTRATfON NO
Land Registry Office No
Reg:stration Date