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HomeMy WebLinkAboutBy-law 1979/85THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1979 /85 Being a by-law to authorize the execution of a Transfer of Storm Sewer Easements between Bramalea Limited and The Corporation of the Town of Pickerlng over those parts of Lots 2, 3, 4, 6 and 7, P/an 40M- , designated as Parts 3, 4, 5, 8 and 9, Plan 40R- WHEREAS The Corporation of the Town of Picketing requires storm sewer easements over those parts of Lots 2, 3, 4, 6 and 7, Plan 40M- , designated as Parts 3, 4, 5, 8 and 9, Plan 40R- for the purpose of draining storm water from Subdivision Plan 40M- , 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 Pickering may pass by-laws for acquiring interests in lands; NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a Transfer of Storm Sewer Easements in the form attached hereto as Schedule A between Bramalea Limited and The Corporation of the Town of Pickering over those parts of Lots 2, 3, 4, 6 and 7, Plan 40M- , designated as Parts 3, 4, 5, 8 and 9, Plan 4OR- BY-LAW read a first, second and third time and finally passed this llthday of March, 1985. SC~IEI~ A LAND TITLES ACT BRAMALEA LIMITED the registered owner of the freehold land registered in the Land Registry Office for the Land Titles Division of Durham (No. 40) as Parcel Plan-1 in the Register of Section 40M- , Picketing in consideration of other good and valuable consideration and the sum of Two Dollars paid to it does TRANSFER to THE CORPORATION OF TNE TOWN OF PICKERING, 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 hereinafter described, namely: ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Picketing, in the Regional Municipality of Durham and Province of Ontario and being composed of those parts of Lots 2, 3, 4, 6 and 7, Plan 40M- , designated as Parts 3, 4, 5, 8 and 9, Plan 40R- being part of the said Parcel. 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 capaci- ty) and maintaining the storm drainage works or any part thereof or appurtenances thereto, whether or not such storm drainage works, part thereof or appurtenances thereto to be so constructed, reconstructed, examined, repaired, renewed, replaced or maintained are situate on the lands; TO }lAVE AND TO HOLD such right and easement in, under and across the lands unto the Transferee, its successors and assigns for its and their sole and only use forever, save as hereinafter specifically provided; AND 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; AND 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 fills 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 granted hereby; AND the Transferor covenants that it shall execute such further assurances of the right and easement granted hereby as may be required by the Transferee; AND the burden of this transfer and of all the covenants contained herein shall run with the lands and the benefit of this transfer and of all the covenants contained herein shall run with all other lands and interest in land owned, occupied or used by the Transferee, its successors and. assigns, for the purpose of operating and main- taining storm drainage works; - 2 - AND this transfer shall be binding upon and enure to the benefit of the Parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals. DATED at Picketing, March 5, 1985. SIGNED, SEALED & DELIVERED BRAMALEA LIMITED THE ROYAL BANK OF CANADA THE CORPORATION OF THE TOWN OF PICKERING O0