HomeMy WebLinkAboutBy-law 1162/80THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1162/80
Being a By-Law to authorize the execution
of a Grant of Easement between the Corpor-
ation of the Town of Pickering and the
Regional Municipality of Durham over part
of Block M, Plan M-12, Pickering
(Parts 1, 2, 3 and 4, Plan 40R-5977)
WHEREAS, the Corporation of the Town of Pickering is the owner
in fee simple of Block M, Plan M-12, Pickering; and
WHEREAS, the Regional Municipality of Durham has requested an
easement over that part of that block designated as Parts 1,
2, 3 and 4, Plan 40R-5977, for the purposes of the construction
of, operation and maintenance of a sanitary sewer or sewers;
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 Easement in the form attached hereto as
Schedule "A' between the Corporation of the Town of
Pickering and the Regional Municipality of Durham
respecting that part of Block M, Plan M-12, Pickering
designated as Parts 1, 2, 3 and 4, Plan 40R-5977.
BY-LAW read a first, second and third time and finally passed
this 7th day of July, 1980.
r
C1 rk
Tc??t:r, <?PICtt':r': °J
f
SCHEDULE "A" TO BY-LAW NO. 1162/80
THE LAND TITLES ACT
The Corporation of the Town of Pickering,
the registered owner of the land registered in the Land Titles
office for the Registry Division of Durham (No. 40) at Whitby
as Parcel M-11-C-1
in the Register for the Town of Pickering
in the Regional Municipality of Durham
in consideration of other good and valuable consideration and
the sum of TWO ($2.00) DOLLARS of lawful money of Canada, now
paid by the Transferee to the Transferor (the receipt whereof
is hereby acknowledged) the Transferor hereby grants and con-
veys unto the Regional Municipality of Durham the right and
easement to construct, operate and maintain such sanitary
sewer or sewers together with any and all appurtenants thereto
as may be required from time to time on, in, across, under
and through the land more particularly described in Schedule
"A" attached hereto;
TOGETHER with the right of the Transferee, its successors and
assigns and its and their servants, agents, contractors and
workmen with all necessary materials, equipment, machinery
and vehicles to enter upon the said lands at all times and
to pass and repass thereon for the purposes of installing,
constructing, reconstructing, examining, altering, repairing,
renewing or replacing (including replacement with a sanitary
sewer or sewers of larger size or capacity) and maintaining
the said sanitary sewers or any part thereof whether or not
any part to be so constructed, installed, repaired, renewed,
altered, replaced or maintained is situate on the land des-
cribed above.
SUBJECT TO a reservation to the Transferor of a similar right and
easement to construct, operate and maintain storm drainage
facilities on, in, across, under and through the said lands,
together with a similar right of the Transferor, its successors
and assigns, and its and their servants, agents, contractors
and workmen to enter upon the said lands for similar purposes
relating to such storm drainage system.
TO HAVE AND TO HOLD the said easement or right in the nature
of an easement on, in, across, under and through the lands
described herein unto the Transferee, its successors and assigns
for its and their use forever, subject to the provisions
hereof.
AND each of the Parties hereto, for itself and its respective
successors and assigns, covenants with the other Party, and
its successors and assigns, not to do or suffer to be done any
thing which may or might injure or damage any of the works of
the other Party.
AND the Transferor covenants with the Transferee that it has the
right to convey the said rights and easements to the Transferee,
notwithstanding any act of the Transferor.
AND the Transferee shall have quiet possession of the said rights
and easements, free from all encumbrances, save as aforesaid.
AND the Transferor covenants with the Transferee that it will execute
such further assurances of the said rights and easements as may
be requisite.
- 2 -
AND the Transferor releases to the Transferee all claims upon the
estate herein conveyed for the rights granted by this indenture,
save as aforesaid.
AND the Transferee covenants and agrees with the Transferor that it
will fill in all excavations and, as far as is practicable,
restore the lands and premises to the condition existing prior
to any entry thereon, to exercise the rights hereby granted,
including, but not necessarily limited to:
(a) the re-grading of those ditch slopes
affected by construction to a 3 to 1
slope;
(b) the sodding of all re-graded ditch
slopes;
(c) the re-grading, seeding and application
of mulch to the general work area; and
(d) the erection of 44 feet, more or less,
of chain link fence, 6 feet high, at
the Colmar Avenue property line.
AND the Transferee covenants and agrees with the Transferor that it
shall save harmless and indemnify the Transferor from and against
all claims and demands, in respect of or in any way resulting
from the construction, operation or maintenance of the said
sanitary sewer or sewers, or the restoration of the lands, and
from and against all damages, losses, costs, charges, and
expenses which the Transferor may sustain or incur or be liable
for in consequency of any such claims and demands.
IT IS UNDERSTOOD and agreed by and between the parties hereto
that the burden of this indenture and all of the covenants
herein contained shall run with the lands hereinbefore des-
cribed and the benefit of this indenture and of all 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 maintaining the
said sanitary sewer or sewers and that this indenture shall be
binding upon and enure to the benefits of the parties hereto
and their respective successors and assigns.
IN WITNESS WHEREOF the Parties hereto have hereunto affixed
their respective Corporate Seals, duly attested by their
respective officers, as of the 7th day of July, 1980.
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Clerk
THE REGIONAL MUNICIPALITY OF DURHAM
Chairman
Clerk
Form 128 AfRd.,It R. PI-nEIPC Act
UNITED 6TA71ONCRY CO. L .AIUO, LrOAL FORM OLPI.
30 PRODUCr1UN DRIVE, :CANROR000H
The lanb Titim Z(ct
IN THE MATTER of the PLANNING ACT (as amended)
AND IN THE MATTER of the TITLE. TO Part Block M, Plan M-12,
Pickering (Parts 1, 2, 3 and 9, Plan 40R-5977)
TT...fer.ch.Teo, AND IN THE MATTER OF A Transfer of Easement
C.I.H... Le"R
THEREOF, FROM The Corporation of the Town of Pickering
TO The Regional Municipality of Eurham
DATED July 7th, 1980
I, C. M. Timothy Sheffield
of the Town of Pickering in the
Regional Municipality of Durham
MAKE OATH AND SAY AS FOLLOWS:
L I am the Solicitor for the Transferor
named in the above mentioned Instrument, and have knowledge of the matters hereinafter
sworn.
2. The said Instrument, and the conveyance or other dealing with land affected thereby, do
not contravene the provisions of The Planning Act, as amended, because
Delete (?,} Tlec-prescrit-?c?ister?c?atener•-dv¢snort-retnirr-ti»'fee-m^th>T-egmttraf-rerlerm?stto>t-ttr,?ir-n
s not - >"OfT("?fI'Y7T ^14'Rf-f!JSt^/r Dr'C'1?/7;1SL"Q
.vvllc.ble ?? b n r ?n"Pl't7fYtJIJJ07 R17lT'CIIC'fCfCIT'7L'S}TLrCf"LLf'(717Cf?Zflfn
QI%ttf{Tltj? f?7C'?[l7ff?'¢f fCCfLT}'}fif{i'TC
sate The interest in the lands is being disposed of by a
other
re..oR municipality.
if any
SWORN before me
at the Town of Pickering
in the Regional Municipality of Durham
this 7th
Psy of April
19 81 .
C. M. Timothy Sheffield
A Commissioner for Tnking Affidavits, etc.
SCHPDULE "A"
ALL AND SINGULAR that certain parcel or tract of lan3 anA
premises, situate, lying and being in the Town of Picker-
ing in the Regional Municipality of Durham (formerly in
the Township of Pickering in the County of Ontario) and
being composed of those parts of Block M, according to a
plan registered in the Land Titles Office for the Registry
Division of Durham (No. 40) as Plan M-12, designated as
Parts 1, 2, 3 and 4 on a plan of survey deposited in the
said office as Plan 40R-5977; Parts 3 and 4 being subject
to an easement as in Instrument No. 2165.