HomeMy WebLinkAboutBy-law 1316/81THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1316/81
Being a By-Law to authorize the execution of
Transfers of storm sewer easements between
the Corporation of the Town of Pickering
and Noel and Margaret Brown (Lot 17, Plan
814) and between the Corporation of the
Town of Pickering and Salvatore Misseri,
Corradina Misseri, George Misseri and
Margaret Misseri (Lot 1, Plan 432)
WHEREAS a proposed development of residential lands at the
north-east corner of Douglas Avenue and Old Orchard Avenue
necessitates the receipt by the Municipality of Transfers
of storm sewer easements across Lot 17, Plan 814 and Lot 1,
Plan 432;
NOW THEREFORE, the Council of the Corporation of the Town
of Pickering HEREBY ENACTS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute
a grant of storm sewer easement, in the form attached
hereto as schedule "A", between Noel Brown and Margaret
Brown and the Corporation of the Town of Pickering
respecting Part Lot 17, Plan 814 (Parts 1 and 2, Plan
40R- ).
2. The Mayor and Clerk are further authorized to execute
a transfer of storm sewer easement, in the form
attached hereto as Schedule "B", between Salvatore
Misseri, Corradina Misseri, George Misseri and
Margaret Misseri and the Corporation of the Town of
Pickering respecting Part Lot 1, Plan 432 (Parts 3
and 4, Plan 40R- ) .
BY-LAW read a first, second and third time and finally passed
this 6th day of July , 1981.
TOS4'N OI
PFCKERIN
AP:TOM
AS i 0 FOR
SCHEDULE "A"
THIS GRANT OF EASEMENT made the 8th day of June, 1981.
B E T W E E N:
NOEL BROWN and MARGARET BROFVN
both of the Town of Pickering
in the Regional Municipality of Durham
hereinafter referred to as the "Grantors"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter referred to as the "Grantee"
OF THE SECOND PART.
WITNESSETH:
1. The Grantors are the owners in fee simple of the lands and prem-
ises hereinafter described;
2. In consideration of other good and valuable consideration and the
sum of Two Dollars ($2.00) of lawful money of Canada, now paid by
the Grantee to the Grantors (the receipt whereof is hereby acknow-
ledged), the Grantors hereby grant, appoint and convey, in perpe-
tuity, unto the Grantee, its successors and assigns, the free,
uninterrupted and unobstructed right and easement,
(a) to enter and lay down, install, construct, maintain, open,
inspect, alter, repair and keep in good condition, remove,
replace, relocate, reconstruct, supplement and operate a
storm drainage system, or any part thereof, including all
appurtenances necessary or incidental thereto, on, in,
across, under and through the land (herein called "the strip")
described in Schedule "A" hereto;
(b) to keep the strip clear of all brush, trees and other obstruc-
tions of any nature whatsoever as may be necessary to the
exercise and for the enjoyment of the rights and easements
herein granted;
(c) for the servants, agents, contractors and workmen of and
other persons duly authorized by the Grantee, at all times
and from time to time to pass and repass Faith all plant,
machinery, material, vehicles and equipment as may be nec-
essary, along the strip for all purposes necessary or inci-
dental to the exercise and for the enjoyment of the rights
and easements herein granted;
- 2 -
(d) to enter on, use and enjoy the land described in Schedule "B"
hereto, for the purpose of facilitating the construction of
the works herein referred to, it being understood that this
right and easement shall constitute a temporary working
easement only, and terminate and have no further force or
effect upon the expiration of December 31st, 1982.
3. The aforesaid rights and easements are herein granted on the
following terms and conditions which are hereby mutually coven-
anted and agreed to by and between the Grantors and the Grantee:
(a) Upon the completion of the construction of the aforesaid
storm drainage system and of any installation, replacement,
maintenance, inspection, repair, alteration or removal work
subsequent thereto, the Grantee shall fill in all excavations
in the strip and as far as practicable restore the surface
thereof to the same condition as that in which it was found
prior to the commencement of the work and shall remove all
equipment and rubbish;
(b) The Grantors shall not excavate, drill, install, erect, build
or permit to be excavated, drilled, installed, erected, or
built, on, in, over, through or under the strip any pit,
well, pavement, building, structure or other obstruction of
any nature whatsoever without the prior written consent of
the Grantee, which written consent shall not be unreasonably
withheld but otherwise the Grantors shall have the right
fully to use and enjoy the strip subject always to and so as
not to interfere with the rights and easements hereby granted
to the Grantee;
(c) Notwithstanding any rule of law or equity, the storm drainage
system and all other equipment and appurtenances brought on
to, laid on or erected upon, or buried in or under the strip
by the Grantee shall at all times remain the property of the
Grantee notwithstanding that the same may be annexed or
affixed to the freehold and shall at any time and from time
to time be removable in whole or in part by the Grantee or
its successors and assigns;
(d) The rights and easements hereby granted are and shall be of
the same force and effect to all intents and purposes as a
covenant running with the land and this grant, including all
the covenants and conditions herein contained, shall extend
to, being binding upon and enure to the benefit of the heirs,
executors, administrators, successors in title and assigns of
the parties hereto respectively, and all covenants herein
contained shall be construed to be several as well as joint,
and wherever the singular or masculine is used, it shall be
construed as if the plural or the feminine or the neuter as
the case may be, had been used, where the context or the
party or parties hereto so require, and the rest of the
sentence shall be construed as if the grammatical and termin-
ological changes thereby rendered necessary had been made.
9. The Grantors covenant with the Grantee that they have the right to
convey the said rights and easements to the Grantee notwithstanding
any act of the Grantors.
5. The Grantee shall have quiet possession of the said rights and
easements, free from all encumbrances.
6. The Grantors covenant with the Grantee that they will execute such
further assurances of the said rights and easements as may be
requisite.
- 3 -
7. The Grantors covenant with the Grantee that they have done no act
to encumber the said land.
IN WITNESS WHEREOF the persons comprising the Party of the First
Part have affixed their hands and seals and the Party of the Second
Part has affixed its corporate seal duly attested by its proper author-
ized officers.
SIGNED, SEALED & DELIVERED
In the presence of
NOEL BROWN
MARGARET BROWN
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
SCHEDULE "A"
EASEMENT IN PERPETUITY
ALL AND SINGULAR that certain parcel or tract of land and premises
situate, lying and being in the Town of Pickering, in the Regional
Municipality of Durham and Province of Ontario and being composed of
that part of Lot 17, Plan 814, designated as Part 1 on a plan of survey
of reference deposited in the Registry Office for the Registry Division
of Durham (No. 40) as Plan No. 40R-
SCHEDULE "B"
TEMPORARY EASEMENT
ALL AND SINGULAR that certain parcel or tract of land and premises
situate, lying and being in the Town of Pickering, in the Regional
Municipality of Durham and Province of Ontario and being composed of
that part of Lot 17, Plan 814, designated as Part 2 on a plan of survey
of reference deposited in the Registry Office for the Registry Division
of Durham (No. 40) as Plan No. 40R-
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SCHEDULE "B"
THE LAND TITLES ACT
SALVATORE MISSERI, CORRADINA MISSERI,
GEORGE MISSERI and MARGARET MISSERI,
the registered owners of the land registered in the Land Registry
Office, for the Land Titles Division of Durham (NO. 40) as Parcel Plan
432-1-1, in the register for Section Town of Pickering
in consideration of other good and valuable consideration and the sum
of TWO DOLLARS ($2.00) paid to it doth TRANSFER TO THE CORPORATION OF
THE TOWN OF PICKERING the free, uninterrupted and unobstructed right
and easement,
(a) on and after September 1st, 1981, to enter and lay down,
install, construct, maintain, open, inspect, alter, repair
and keep in good condition, remove, replace, relocate, recon-
struct, supplement and operate a storm drainage system, or
any part thereof, including all appurtenances necessary or
incidental thereto, on, in, across, under and through the
land (herein called "the strip") described in Schedule "A"
hereto;
(b) to keep the strip clear of all brush, trees and other obstruc-
tions of any nature whatsoever as may be necessary to the
exercise and for the enjoyment of the rights and easements
herein granted;
(c) for the servants, agents, contractors and workmen of and
other persons duly authorized by the Grantee, at all times
and from time to time to pass and repass with all plant,
machinery, material, vehicles and equipment as may be nec-
essary, along the strip for all purposes necessary or inci-
dental to the exercise and for the enjoyment of the rights
and easements herein granted;
(d) to enter on, use and enjoy the land described in Schedule "B"
hereto, for the purpose of facilitating the construction of
the works herein referred to, it being understood that this
right and easement shall constitute a temporary working
easement only, and terminate and have no further force or
effect upon the expiration of December 31st, 1982.
The aforesaid rights and easements are herein granted on the following
terms and conditions which are hereby mutually covenanted and agreed to
by and between the Transferors and the Transferee:
(a) Upon the completion of the construction of the aforesaid
storm drainage system and of any installation, replacement,
maintenance, inspection, repair, alteration or removal work
subsequent thereto, the Transferee shall fill in all excava-
tions in the strip and as far as practicable restore the
surface thereof to the same condition as that in which it was
found prior to the commencement of the work and shall remove
all equipment and rubbish;
(b) The Transferors shall not excavate, drill, install, erect,
build or permit to be excavated, drilled, installed, erected,
or built, on, in, over, through or under the strip any pit,
well, pavement, building, structure or other obstruction of
any nature whatsoever without the prior written consent of
the Transferee, which written consent shall not be unreason-
ably withheld but otherwise the Transferors shall have the
right fully to use and enjoy the strip subject always to and
so as not to interfere with the rights and easements hereby
granted to the Transferee;
- 2 -
(c) Notwithstanding any rule of law or equity, the storm drainage
system and all other equipment and appurtenances brought on
to, laid on or erected upon, or buried in or under the strip
by the Transferee shall at all times remain the property of
the Transferee notwithstanding that the same may be annexed
or affixed to the freehold and shall at any time and from
time to time be removable in whole or in part by the Trans-
feree or its successors and assigns;
(d) The rights and easements hereby granted are and shall be of
the same force and effect to all intents and purposes as a
covenant running with the land and this grant, including all
the covenants and conditions herein contained, shall extend
to, being binding upon and enure to the benefit of the heirs,
executors, administrators, successors in title and assigns of
the parties hereto respectively, and all covenants herein
contained shall be construed to be several as well as joint,
and wherever the singular or masculine is used, it shall be
construed as if the plural or the feminine or the neuter as
the case may be, had been used, where the context or the
party or parties hereto so require, and the rest of the
sentence shall be construed as if the grammatical and termin-
ological changes thereby rendered necessary had been made.
The Transferors covenant with the Transferee that they have the right
to convey the said rights and easements to the Transferee notwithstanding
any act of the Transferors.
The Transferee shall have quiet possession of the said rights and
easements, free from all encumbrances.
The Transferors covenant with the Transferee that they will execute
such further assurances of the said rights and easements as may be
requisite.
The Transferors covenant with the Transferee that they have done no act
to encumber the said land.
IN WITNESS WHEREOF the persons comprising the Party of the First Part
- 3 -
have affixed their hands and seals and the Party of the Second Part has
affixed its corporate seal duly attested by its proper authorized
officers.
SIGNED, SEALED & DELIVERED
In the presence of
SALVATORE MISSERI
CORRADINA MISSERI 4
RGE MISSERI
MARGARET MISSERI
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
Clerk
SCHEDULE "A"
EASEMENT IN PERPETUITY
ALL AND SINGULAR that certain parcel or tract of land
situate, lying and being in the Town of Pickering, in
Municipality of Durham and Province of Ontario and be
that part of Lot 1, Plan 432, designated as Part 3 on
of reference deposited in the Registry office for the
of Durham (No. 40) as Plan No. 40R-
SCHEDULE "B"
TEMPORARY EASEMENT
ALL AND SINGULAR that certain parcel or tract of land
situate, lying and being in the Town of Pickering, in
Municipality of Durham and Province of Ontario and be
that part of Lot 1, Plan 432, designated as Part 4 on
of reference deposited in the Registry Office for the
of Durham (NO. 40) as Plan No. 40R-
and premises
the Regional
ing composed of
a plan of survey
Registry Division
and premises
the Regional
ing composed of
a plan of survey
Registry Division
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