HomeMy WebLinkAboutBy-law 3693/91THE COR_PORATION_OF THE TOWN OF PICKERING
BY-LA_W~O. 3693/9 1
Being a by-law to authorize the execution of a Tran.rfer
of Easement front The Corporation of the Town of
Pickering to The Durham Board of Education over that
part of Black 42, Plan M-1194, Pickering, designated as
Part 1, Plan 40R-12407, for storm sewer purposes.
WHEREAS The Durham Board of Education requires a storm sewer easement over that part of Block
42, Plan M-1194, Pickering, designated as Part 1, Plan 40R~12407, which block is owned by The
Corporation of the Town of PickeTing; and
WHEREAS pursuant to section 193 of the Municipal Act, R.S.O. 1980, chapter 302, the Council of the
Town may pass by-laws for disposing of 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 Easement, in the form
attached hereto as Schedule A, from The Corporation of the Town of PickeTing to The Durhtun
Board of Education, over that part of Block 42, Plan M-1194, PickeTing, designated as Part 1,
Plan 40R-12407, for storm sewer purposes.
BY-LAW read a first, second and third thne and finally passed this 2nd day of April, 1991.
Wayne ~'thur~, Mayor
'°Brace Taylor, ~erk
APPROv£D-
TO FOR,
~LE~AL D£PT.
New Property Identifiers
AdditiOnal:
See
Schedule
Additional:
See
Schedule
SC[-~DUT_E A
Transfer/Deed of Land
Form 1 -- L~nd Regfetmtlort Reform Ae~ 1~4
(1) A~ ~ LWT~ ~ )
(3) ~ Bilk Pr~
I~)
(4) ~at~
~wo
Division ~
P~ Parcel
Section ~- L ~94,
that of Bloc[ 42, t94,
Town of Pickerins,
Page I of 3 pages
Do.ars S 2.00
Properly
Consotidation []
(~) Thie (a) Redsecription (b) Schedule for: [ (7) Infem~VEslMe Treoefen~l
DooJmenl N~ Ea~ment ~ A~ional [ F~ Simp~
~ P~Sketch ~ ~ D~i~ion ~ Pa~i~ ~ O~r ~ Easement
(8) Tm~ro~l) The transferor hereby transfe~ the land to t~ transfer~ g;.~ ;g~Z'.~ ~:~ ~X: :.,:g~g: g.' :.: :~ '.~: g~;~:gg.. , ~1%
A
Bmcc Taylor, Clerk
(9) Spoul4~l) of Transfero~s) I hereby consent to this transection
Name(s) Signature(s)
Date of Signature
Name(s) Signature(s) ,,
:THE.COR. POEAI3ON .OF .']:HE ......................................................... i' · ·; · · ·
Wayne Arthurs, Mayor :
IO3~51.OF PICKERI151G ............................................................. i... i...
Date of
Y M D
(10) Trenaf~or(s) Addr~
for Serves une The Esplanade, Pickering Civic Centre, Picketing, Onta.rio L1V 6K7
11 ) Transferee(s)
<
Date of I:liMh
Y M O
.T. HE.DUKHAM BOARD.OF EDUCATION ........................................................
(12) Tr~oleree(s) Address
for SMYioe 555 Rossland Road West, Oshawa, Ontario LIJ 3H3
> (13) Trrmlferor{$) 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
Solicitor for Tcansferor(s) I have explained the effect of section 49 of the Planning Act, 1983 to the transferor and I have made mquinse of the transferor
.~ to determine that this transfer does not contravene that section and based on the information supplied by the transferor, to the best of my knowledge
z [ and belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature
_O Nanl~ af3d ! v ! M ; D
~' Address of ~ , , ,
D SoliCitor ~gnature ................................. ~ ....
~ [ ~ [ (14) Seac~tor kn Trlmlfell~(I) I have investigated the title to this land and to abutting land wbam 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. 1083 and that to the best of my knowledan~l am an Ontarioe and belief this
~--~ ~ transfer does not contravene section 49 of the Planning Act 1983. I act independently of the solicitor for the transferor(s)
~ I.,~- ~[-~ ~ solicitor in good standing.
~ I-= ~5~ I Nam-. -nd Date of Signature
(1S) AMe~ment Roll Number
of Proffer1(
~(18) Municipal Address of Property
Ut~nown
Ct/. i Mun. i Map j Sub Par.
i
(17) Documenl Pram by:,
C. M. Timothy Sheffield
Town Solicitor
Town of Pickering
One The Esplanade
Picketing, Ontaxio
I IVRK7
[~l Fees and Tax
~ Registration Fee
orl Tofel
~Ontar,o°fPr°vmc' Schedule
Fo~m 5 -- ~ Regletmt~n Refoml Act, 1~4
Page
S
2of 3
~Adcatkxtll Property Iclefltlltei~e) ~nd/or Other Information
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, togelher
with any appurtenances thereto as may be required from tL, ne 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 pa~ss 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 he
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 falls 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 he required by the Transferee.
The burden of this Transfer and of all the covenants contained herein shall run with the
lands herein described.
This Trmmfer 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 the lands
more particularly described as Block 98, Plan M-1207, Picketing.
Form 1 - Land Transfer Tax Act
Affidavit of Residence and of Value of the Consideration
Refer to ell instructions on reverse side
3of 3
,NpartTHE ~,~_,.~R ~Z:~)~F 'TH'~ CONVEyA~Eplan M-1194, OFpic~er lng
(Part 1, Plan 40R-12407)
Corporaticl% ~ the Town of Pickering
~ ~lr~%~ ~r~ of ~t/on
MAKE OATR AND SAY THAT:
[] {c) A transferee named in the above-described conveyance.
[] id) The authorized agent or solicitor acting in this transaction for (insert
described in paragraph(s) ia}, (b), (c) above; (~.ke out refe~e.ces to in~oplk:aZ~e paragraphs)
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 ..... $
2.00
nil
~i]
id} Securities transferred to the value of (m, tad below) $ ~i]
(e) Liens, legacies, annuities and maintenance charges to which transfer is subject $ rd~l
if) Other valuable consideration subject to land transfer tax (¢eta#beto~) $ n~l
(g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO
LAND TRANSFER TAX (Toralof(aJto(f)) $ 2.00 $ __2.00
ih)VALUE OF ALL CHATTELS items of tang~ble personal property
ii) Other consideration for transaction not included ,n Ig) or ih) above .... $ D~ ]
{i) TOTAL CONSIDERATION $ 2,00
NO relationship between transferor and transferee.
6. (f the cons~derat*on is nominal, is the land subject to any encumbrance? ~
7. Other remarks and explanations, ~f necessary Transfer of storm sewer eas~ent.
Sworn before me at the
in the
this day of
A Commissioner for tek lng Affidavits, etc
19
Property Information Record
Describe nature of instrument ~ra~.~fc~r/Dee~ of
ii) Address of property being conveyed (if ava#abM)
(ii) Assessment Roll No (#ava#a~e) n/a
C. Mailing address(es) for future Notices of Assessment under the Assessment Act for property being conveyed (see)nstructmn 7)
555 RDssla~t Road West, Oshawa~ Cntarin I,L7 3H3
D (1) Registration number for last conveyance of property being conveyed (if availat~ie)
(ii) Legal description of property conveyed: Same as inD(i) above Yes[]
E.Name(s) and address(es) of each transferee's solicitor
NO0 Not k nowr~ ~J
For Land Registry Office use only
REGISTRATION NO
Land Registry Office No
Registration Date