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Home My WebLink AboutBy-law 2573/87THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO~q57B /$7 Being a by-law to authorize the execution of Transfers of Storm Sewer Easements in Plan 40M-1473, from Bramalea Limited to The Corpo- ration of the Town of Pickering over Parts Lots 5 and 6, Plan 40M-1473, (Parts 1 and 2, Plan 40R-10531 and Part Lots 60 and 61, Plan 40M-1473, (Parts 1 and 2, Plan 40R-10532). WHEREAS, The Corporation of the Town of Pickering requires storm sewer easements over those parts of Lots 5, 6, 60 and 61, Plan 40M-1473, Pickering, designated as Parts 1 and 2, Plan 40R-10531 and Parts 1 and 2, Plan 40R-10532 for the purpose of draining storm water through Plan 40M-1473, and pursuant to the provisions of sec- tion 193 of the Municipal Act, R.S.O. 1980, chapter 302, the Council of The Corpo- ration 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 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 Bramalea Limited to The Corporation of the Town of Pickering over those parts of Lots 5 and 6, Plan 40M-1473, Pickering, designated as Parts 1 and 2, Plan 40R-10531. The Mayor and Clerk are hereby authorized to execute a Transfer of Storm Sewer Easement, in the form attached hereto as Schedule B, from Bramalea Limited to The Corporation of the Town of Pickering, over those parts of Lots 60 and 61, Plan 40M-1473, Pickering, designated as Parts I and 2, Plan 40R-10532. BY-LAW read a first, second and third time and finally passed this 21st day of September, 1987. TOWN OF P~CK~R/NG APPRO~/~'3 New Properly Identifiers 6) Th~ (a) R~secriptton Additional; See 3) Prol~rtY Block Property Idenlliler(s) (4) Co~kt~atto~ ~MO .................... ~lar~ $ 2.0 0 pages {I} I)e~cflglJolt This ia a: Property Property Division [] Consolidation [] Part of Parcel Plan-l, Section 40M-147~ being part of Lots 5 and 6, Plan 40M-/~7~ more particularly described as Parts 1 and Plan 40R-105~1 in the Town of Pickering, in the Regional Municipality of Durham. i (b) ScheduLe for: (7) InteLsat/Estate Trsem~ ; A~itional ~ ~ ~ ~m~n ~ Pa~ ~ Ot~ ~ Easement J The tra~tor h~y tra~f~ the land to t~ transfer~ *-~ ---;':~ *~.t .~ ...... '---' ~: 1: 5~ cfgh~ccz L'~= '" ~" ' ................. c-- =~- _.:_ Additional: s. [] Date of Signature ............................................. '~G6A' Kerr, Vlce-Pres-'-*'-:-"'-"--'-~a~*~! ...... i**'[ .... Land and Urban DevelopmentJDivi~io~ :1987: Cy~rth~a~reen, General Man&,ger ! Land an~ Urban DevelopmentiDlvl$,lo Spousa(s) of Transf~oe(s) I hereby consent to this transaction Date of Signature Name(s) Signature(s) y M D (lO) Trlmsfm'o~s)&ddrese 1867 Yonge Street t~Serace TORONTO. Ontario M4S 1Y5 .................... ........ ................ J}mT 0s[04L..i {1~11~11~8 1710 Kingston Road, PICK~RI~G, Ontario (13) Tr~femd~) T~ transferor verifies that to the best of the transferor's knowl~ge and belief, this transfer does not contravene section 49 of the Planning ~t, 1~. Date of Signature Date of Signature S~r f~ Tr~e) I have explatn~ t~ eff~t of ~ti~ 49 of the Planning Act, 1~ to the tre~feror ~ I ~ve made inqulnm of t~ transferor to ~t~ine t~t this tm~f~ ~ ~t c~tra~e that ~i~ and ~d on the information sup~ by t~ transferor, to t~ ~st of my knowledge and ~l~f, this transf~ d~ not contrave~ that ~tion. I am an Ontario solicitor in g~ s~nding. Date of Sig~tum ~4t~ S,gnature .......................... ~ ...... , ....... ~ ]; ~ - " ~"n~ " -t ~ ~n ~" 49 (21~) (~) (i~) ~f ~ P~nn~ Act~1~ .nd th~t t~ the -t ~f my k~e ~ "~e~ tn~ ~ (14) ~ ~ T~t) I ha~ Inv~ti~t~ ~ tiUe to ~is ~nd ~d to ~uthng I~ w~m m~ant ~d I ~ ~usf~ t~t ~c title r~ords tr~a~r d~ ~ contrav~e ~tion ~ of the P~nning Act 1~, I act indecently of the ~licilor for ~ transfers(s) and I am a~ On~rio (15) mt Roll Numl~r o! Prof~riy ~(16) Mu~clpaI Ad~'m el Ptope~y NOT ASSIGNED ; ! !NOT ASSIGNED BORDEN & ELLIOT 250 UNIVERSITY AVENUE TORONTO, ONTARIO MSH 3E9 ATTENTION: Doris L. Baughan II ll ,_ ami Tax /~ll La.d Tre__~fer Tax 2 The Transferor transfemto the Transferee the right, interest and easement on, over, under and through the described lands of the Transferor al the servient tenement for the following purposes, namely The free uninterrupted and unobstructed right and easement in per~etuity to construct, operate end maintain stor~water run-off includinq the installation and nmintenance of catch basins, together with any and all appurtenances thereto es may be required from tl~e to time in, under end across the lands described herein. _TOGETHZ_R. with the 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 said lands at all times and to pass and repass thereon for the purpose of constructing and reconstructing, exemining, repairing, renewing or replacing and maintainin, the said storm water run o~f and catch basins or any part thereof whether or not any part to be so constructed, recaired, renewed, replaced or TO HAVE AND TO HOLD. the said easement in, under and across the lands described herein unto the Transferee, its successors and assigns for its and their sole and only use forever. AND the Transferor covenants that it will not erect any buildings or structures, place or remove any fill on any part of the lands herein. AND the Transferor hereby releases the Transferee from any and every claim which may or might arise out of the exercise by the Transferee of any of the rights granted by this indenture or which may arise out of the existence or operation of the storm water run off and catch basins and accep~the consideration above-mentioned in full satisfaction of all such claims, 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 rights thereby granted. assurances o~ ~:he said riqhts as may be required by the Tgansferae. ~T ia understood and agreed by and between the parties hereto that the burden of this indenture and all of the covenants herein contained * shall run wi~h the lands hereinbefore delcribed and the benefit of this Indenture and all of the covenants herein contained shall run with all-other lands and interssmin land owned, occupied or used by the and maintaining the said sto=m water run o~f and c&~ch basins, an~ ~hat this indenture shall be binding u~on and enure to the benefit of the parties hereto, their respective heirs, executors, administrators, New Property Ide~tifiem Executions Transfer/Deed of Land FOnlt I -- Lind R~gl.lmllon RiIMm Act, (1) R~g"try [] (3)~d~r~m~da) SCHEDULE B Lind TIUel [] T(2) Page 1 of 4 Block Properly (4) Con~dltallon TWO ...................... Dmm~$ 2.00 A pages (S)D~dpll~ his is a: Pm~ Pro~ Division [] Con~lidaU~[~ Part of Parcel Plan-l, Section 40M-1473 being part of Lots 60 and 61, Plan 40M-1473 more particularly described as Parts 1 and 2, Plan 40R-IOg~ in the Town of Pickering, in the Regional Municipality of Durham. [6) Tldl (a) Redsecriptio~ i (b) Schedule for: (7) InIi~IUEiIIII TrlMllf~ld ~1 N~ E~nt., A~itt~al ~ P~Sketch ~ ~ ~i~lon ~ Pa.i~ ~ Other ~ Easement Tra~ro~a) The tre~or hereby tra~feffi the land to t~ trans~r~ t Oate o( Signature Name(s) Signat.ur.(,) '~ .... :' / { , , ............... Land and 3J~%~an Devel.o/~ment Divis.~on:: Land and(~rban Development ~ivis..~on~ el Transte¢o~(a) I hereby consent to this transection Date of Signature Name(s) Signature(s) Y M O (lO) Tra.aWe,(a)add~4 1867 Yon~e Street f~r8~ TORONTO, Ontario M4S 1Y5 THE CORPORATION OF THE TOWN OF PICKER~.~nde~s.~o~,r.,._. !)987 08 i04 (12) Trmdew,(s)addmM 1710 Kingston Road, Pickering, Ontario L1V 1C7 for Se~dce (13) TrMt~fero,(i) The transferor verifies thai to the ~st of t e transferors knowl~ge and ~lief, this transfer does not contravene ~ti~ 49 of the Planning ~t, 1~. Date of Sig~ture Date of Signature Y , M ( O Y M D Sign~ure ......................... l ...... {... J...} Signature ........................... ; ...... :... ~ .... to ~t~ine t~t this tmmf~ ~ ~ ~a~ ~t ~n a~ ~ on t~ infor~tion suppl~ by t~ tra~feror, to t~ ~t of my know~dge ~d ~l~t. ~is tra~r d~ not ~ntmv~ that ~ti~. I am an On~rio $olic~or in g~ s~di~. Date Ne~ and J Y I M ; D Sohcit~ 3~na[ure .......................... ~ ...... ~ ....... ~ I (14) ~ ~ ~1) I ~ Inv~t~ t~ title Io th~ ~nd a~ to a~i~g land w~m m~ant and I ~ ~Usf~ I~t the title r~ords ~ ~ J tr~s~ d~ ~ c~trav~ ~1~ ~ of the Planning A~ 1~. I act i~n~ntly of t~ ~l~itor for t~ ~ ~,lcltor .......................... , ...... ; ...... I I ~(1~) Munk~pal Add.se of Properly (1S) AMesement R MI Nund)ir cry' =MunJ Map I Sub' it Pat' il Fm and Tax < I NOT ASSIGNED ! J I Reglatratio~ Fee (17) D~ument Palmed by:. Land Transfer T~ NOT ASSIGNED BORDEN & ELLIOT 250 UNIVERSITY AVENUE TORONTO. ONTARIO M5H 3E9 ATTENTION: Doris L. Baughan Newsom~ and Gilbert, Limlt~ Term Schedule ...a~ i - i..w~ ~ Ikon-. 4~m. ~,1~ 2 S The Transferor trane£ez~to ~he Transferee the right, interest and easement on, over, under and through the described lands of the Transferor al the servient tenement for the foll~inq pu~oses, n~ely = The free uninterrupted and unobstructed right and easement in perpetuity to construct, operate and maintain storm water run-off including the installation and maintenance of catch basins, together wl~h any and all appurtenances thereto aa may be required from time to time in, under and across the lands described herein. .TOGETH___F._R. with the 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 said lands at ali times and to pale and repeal thereon for the purpose of constructing and reconstructing, examining, repairing, renewing or replacing and maintainin. the said atom water run off and catch basins or any part thereof whether or not any part to be so constructed, reOaired, renewed, replaced or maintained iS SitUate on the lands described herein. TO HA.VE ~ TO ~OLD the said easement in, under and across the [ands described herein unto the Transferee, its successors and assigns for its and their sole and only ule forever. AND the Transferor covenants that it will not erect any buildings or structures, place or remove any fill on any part of the lands herein. AND the Tranlferor hereby releases the Transferee from any and every claim which may or might arise out of the exercise by the Transferee of any of the rights granted by this indenture or which may arise out of the existence or operation of the storm water run off and catch basins and accepm the consideration above-mentioned in full satisfaction of all such claims, 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 rights thereby granted. AND the ?~nl£aror covanantl that it will execute such further allur&ncel of the laid rightl al may be required by the ?ransferee. IT Il underltood and agreed by and between the parties hereto that the burden of thil indenture and all of ~he covenants herein contained Ihell ~ with the Lands herainbe£ore delcribed and the benefit of thil indenture and all of the covenants herein contained shell run with ell othlr landl and lntaraem in lend owned, occup£ed or used by the Tranlferee, i~l luccellorl and assigns for the purpola of operating and maintaining the la~d Itor~ water run off and catch basinl, and that thil indenture shall be binding upon and enure to the benefit of succelsorl and asliqnl. ROAD BETWEEN LOTS 30 ~ND 3~,~.,~1~E_$1.,,'~"" " c BLOCK 115 N I 7' 09~ O0*W N t?°09' O0"W I} NIT 0900 w 9.220 N I?eO~'30"W 15.240 17~.G24 U~ U~ N 7°09'00' W(<l" ~ 42.0621P.~t Bramalea Limited - Transfer of Storm Sewer Easements - Part Lots 5, 6, 60 & 61, Plan 40M-1473 m N 15