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Home My WebLink AboutBy-law 3734/91THE CORPORATION OF THE TOWN OF PICKERING ]~Y-I.~AW N0,3734/9 ! Being a by-law to authorize the execution of a Transfer of a storm sewer easement from Nugget Construction Co. Limited to The Corporation of the Town of Picketing over that part of Lot 7, Plan 282, Picketing, designated as Part 2, Plan 40R-12958. WHEREAS The Corporation of the Town of Picketing requires a storm sewer easement over that part of Lot 7, Plan 282, Pickering, designated as Part 2, Plan 40R-12958, for the purpose of draining storm water through Plan 40M-1630, 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 Nugget Construction Co. Limited to The Corporation of the Town of Picketing, over that pm of Lot 7, Plan 282, Pickering, designated as Part 2, Plan 40R-12958. BY-LAW read a first, second and third time and finally passed this 3rd day of June, 1991. Wayne Arthur, May~ '~ Brace Taylo~ TOWN OF AS TO ~EGAL DEPT. of Ontario New Property Identifiers (6) Thia (a) Redescription Document New Easement Contain~ Plan/Sketch SCHEDULE A Transfer/Deed of Land Fom~ -- Land Registration Reform Act, 1984 Addihonal: See Schedule [] Additional See Schedule A (1) Registry [] Land Tltt~ [] 2) Page 1 of 3 pages (3) Property Block Property I~ltlfle~(s) Add,bonal: s~ (4) Two Dollars $ ~-~ (5) Oe~pllon This ~s a: Pro~y Pro~y Division ~ Consolidation ~ Part of Parcel Picketing Con. 1-33-2, Section Town of Picketing. being that part of Lot 7, Plan 282, designated as Part 2, Plan 40R-12958 Town of Pickering, Regional Municipality of Durham, subject to easement in Instrument LT503226. . (b) Schedule for: (7) Intent/Estate Tra~fe~ted Additional F-ee=64w~ll~ Easement Description [] Pa~ies [] Other,~ Transleror(s) The transferor hereby transfers the land to the transferee ............ that ...: .::n=.=:=: .... '.__'. ~:=h ..... , ..... ///~'--~. ~ Date of Signature Na~ ........................................................... :'g:t::::.c,dc'm~~'-.:~~/.. v GGET CONSTI~UCTION CO LIMITED l~,r , Pres I have the authority to '~' bind the corporation. '(9) Spouse(s) of Transfero~(s) I hereby consent to th,s tranSaction Date of S*gnature Name(s) Signature(s) Y M (10) Transtacor(i) Addre~$~, r, forServlce r.u. t~ox 1240, Stouffville, Ontario 1AA 8A2 ~>(11) Transferee(s) Date of B~rth D Y M D · . .THE CORPORATION. OF.THE ~ 19 91.i. 0 4 . . . Wayne Arthurs, Mayor : : .............................................. BmceTaylor,.Clerk ~ 1.991" 04 (12) Transferee(s) Addre. l~ for Service %./ne The Esplanade, Picketing Civic Centre, Picketing, Ontario LIV 6K7 > ] (13) Tranaferol~a) 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. [)ate of S~gnature Date of Signature J Solicitor for Transferor(s) I have explained the effect of section 49 of the Planning Act, 1983 to the transferor and I have made inquiries 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 befief, this transfer does not contravene that section I am an Ontario solicitor in good standing, Date of Signature O_ Name and I Y ! M ; D ~ I Address of O ~ Solicitor b~gnature ............... ; J ~ I (14) So0clfo~ for mran~feme(a) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records < [~ ~.[ reveal no contravention as set out in sub~:lause 49 (21 a} (c) (ii) of the Planning Act, 1983 and that to the best of my know~edge and belief this ¢c~l~. ~ transfer does not contravene section 49 of the Planning Act 1983. I act independently of the solicitor for the transferor(s) and I am an Ontario '~ ]~ ~1 sohc~tor in good standing IL I .a eand Date of S,gnature I-;~lAddress of Y M O (15) mtof Prope~tyR°~l Number i cry (16) Municipal Addrees of p~operly not ~signed Muni Map [ Sub : Par (17) Document Pr%oared by: C. M. Thnothy Sheffield Town Solicitor Town of Picketing One The Esplanade Picketing, Ontario Schedule .. Ontario Fo~n 5 -- Lend RegMtra~on Relofl~l Act, Page 2 of 3 ~Addl~ Property Identifier, s) ~td/or Olfler Into~m~tm IHTERESTI 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 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 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. 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 Consideralion Form 1 - Land Transfer Tax Act Refer to all mstruchons On reverse side. Pa(~6 3 of 3 Pa~t Lot 7. Plan 282, P~c~¢rmg (,t'ar~ z, t'la~ ,*v~-i,;y3o) Nugget Construction Co. Limited The Corporation of the Town of Plckermg C.M. Tiraothy Sheffield MAKE OATH AND SAY THAT: The Corporatfon of the Town of P~ckermg 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 (Totalof (a) to (fi) . $ NH $ Nil $ Nil $2.00 {!) TOTAL CONSiDERATiON _MO rel*t~c,_n_$h!rn _li~_!we~n tral~fero~ 7 Other remarks and exp~anal~ons, if n<essary ~<~fer of ~ ~z~t ~ S~ivisi~ Sworn before me at the T~cr~ of Pickeri~g ,n the ~gional Municipality of Durham ~h~s 3rd day of June :9 91 Property Information Record A Oesc¢ibe nature of instrument Transfer/Deed of [ar~ (ii) Assessment Roll No Of available) mia Mading address(es} for future Notices of Assessment under the Assessmerlt Act for property being conveyed (see instructio~ 7} One ~ ~la_nade t Pz- 'cke.rJng, O~tarzo ~]V 6K7 (,ii Legal description of property conveyed: Same as in D fi) above Yes[] No~ C.M. T~-rot_h~ She£~±e16¢ ~ The Corporation o~ the Town o~ PicKering One The Esplanadet Pickering, Ontario L1V 6K7 School Tax Support (Voluntary Election) See reverse for explanation C.M. Timothy For Land Registr~ Office Use Only Registrmlon No. Not known ;OT 'II()()I)V!I:.W (BY REGISTERED PLAN AVl",\' U F' T P' ~hl ~- ')B ') o~ , I Iiugget ¢onstruct±o~ ~o. ~J.~±ted The Town of Pickerill[ - Part ~ot '7, pl~ :;z~2, picke~±ng LEGAL SERVICES DEPARTMENT (Part 2, Plan 40R-12958) Transfer of Storm Sewer Easement