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HomeMy WebLinkAboutBy-law 1170/80THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1170/1980 Being a By-law to authorize the acceptance of an offer made by J.D.S. Investments Ltd. to grant an easement over Part Lot 21, Concession 1, (parts 5 & 6, Plan 40R-1096) to the Corporation of the Town of Pickering, Regional Municipality of Durham, jointly. WHEREAS, pursuant to the provisions of section 352.16 of The Municipal Act, R.S.O. 1970, chapter 284, the Council of a Municipality may pass a By-law for acquiring land for the purpose of constructing, maintaining and repairing sewers or water courses; and WHEREAS it is deemed desirable to acquire for that purpose an easement over that part of Lot 21, Concession 1, designated as parts 5 & 6, Plan 40R-1096; 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 accept the offer, dated August 21, 1980, of J.D.S. Investments Limited to grant an easement to the Corporation of the Town of Pickering and to the Regional Municipality of Durham, jointly, for various purposes, including the constructing, maintaining and repairing of storm sewers. 2. The authorization granted in section 1 hereof is subject to the following amendments to Schedule B of the said offer being accepted by all parties: (a) Page 2, line 11, to be amended to read "sanitary sewer or sewers and storm sewer or sewers of larger size or capacity) and"; (b) Page 2, line 12, to be amended to read "maintaining the said watermains, sanitary sewers and storm sewers or any"; and (c) Page 3, line 9, to be amended to read "the grantor that they will fill in all excavations and, as far" 3. A copy of the offer referred to in section 1, above, is attached hereto as Schedule I to this By-law, and shall form a part of this By-law. BY-LAW read a first, second and third time and finally passed this 15th day of September, 1980. TOWN OF PICKERING APPROVED AS TO FORM I LEGAL DEPT. mayor SCHEDULE I OFFER TO GRANT AN EASEMENT The undersigned J.D.S. Investments Ltd. a corporation incorporated under the laws of the Province of Ontario, as Grantor in consideration of the sum of $2.00, the receipt whereof is hereby acknowledged hereby agrees to grant to the Regional Municipality of Durham and the Corporation of the Town of Pickering, their successors, and assigns, free from encumbrances except as to any encumbrancers consenting to such easement, an easement and right to enter in perpetuity, through, in, over and across the lands more particularly described in Schedule "A" attached hereto for the sum of NIL ($-) This offer to be accepted by the Grantees within sixty (60) days of the date hereof otherwise this offer shall become null and void. This Offer when accepted shall thereupon constitute a binding contract of purchase and sale and time in all respects shall be the essence of this Agreement, the Grantees are to examine the title at their own expense the Grantor not being bound to produce any evidence of title except such as are in its possession. The Grantees are to make objections and requisitions on title within sixty (60) days after acceptance hereof and title to be deemed accepted, except as to any objection or requisition made within that time, and,.if any objection to title be made which the Grantor is unable or unwilling to remove, and which the Grantees shall not waive the agreement may be declared null and void. This offer may be accepted by a letter delivered to the Grantor or mailed, postage prepaid, addressed to the Grantor at c/o Goodman and Carr, 145 King Street West, Toronto, Ontario, M5H 3K1. - z - The above transaction of granting the easement shall be closed sixty (60) days after the acceptance of this offer and on closing the Grantor shall deliver a fully executed Grant of Easement in registerable form together with a full release on a form to be provided by the Grantees for damages, if any, to the Grantor arising or resulting from the construction, operation, repairs and maintenance of the works and for services more particularly described in Schedule "B" attached hereto and forming part of this agreement. The terms and conditions of the easement are set out in Schedule "B" attached hereto. Upon acceptance of this offer on behalf of the Grantees, the Grantees for themselves, their servants, agents, employees, workmen and assigns shall have the right to enter upon the property as described in Schedule "A" for the purpose of laying down and constructing the works and services as set out in Schedule "B" attached hereto. The Grantor acknowledges that no verbal guarantees or promises have been made to it by any of the employees or agents of the said Grantees. IN WITNESS WHEREOF the Grantor has hereunto set its hand and seal on the day and in the year first above written. DATED THIS cZ? 5? day of AUGUST 1980 J.D.S. INVESTMENTS LIMITED Per: PRESIDENT SCHEDULE "A" Offer to Grant a Permanent Easement from J.D.S. INVESTMENTS LIMITED to the Regional Municipality of Durham and the Corporation of the Town of Pickering. 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 being composed of Part Lot 21, Concession 1, former Township of Pickering, designated as Parts 5 and 6 on a Reference Plan of survey filed in the Land Registry Office for the Registry Division of Durham (No.40) as Plan 40R-1096. SCHEDULE "B" GRANT OF EASEMENT THIS INDENTURE made in duplicate this 11th day of August 1980 B E T W E E N: J.D.S. INVESTMENTS LIMITED, a corporation incorporated under the laws of the Province of Ontario Hereinafter called the "GRANTOR" OF THE FIRST PART - and - THE REGIONAL MUNICIPALITY OF DURHAM and THE CORPORATION OF THE TOWN OF PICKERING Hereinafter called the "GRANTEES" OF THE SECOND PART - and - THE BANK OF NOVA SCOTIA Hereinafter called the "MORTGAGEE" OF THE THIRD PART WHEREAS the Grantees have requested the Grantor to execute this conveyance and the Grantor has agreed to do so in order to facilitate the works program of the Grantees; NOW, THEREFORE, THIS INDENTURE WITNESSETH that in consideration of the premises and the sum of TWO DOLLARS ($2.00) now paid by the Grantees to the Grantor the receipt whereof is hereby acknowledged the said Grantor doth hereby grant, transfer and convey unto the Grantees, their successors and assigns the free,uninterrupted and unobstructed right and easement to construct, operate and maintain such watermain or watermains, sanitary sewer or sewers, and storm sewers, together with any and all appurtenances thereto, as may be required from time to time on, in, across, under and through the lands situate in the Town of Pickering in the Regional Municipality - z - of Durham and more particularly described in Schedule "A" attached hereto; TOGETHER with the right of the Grantees, their successors and assigns 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, re-constructing, examining, altering, repairing, renewing or replacing (including replacement with a watermain or watermains, sanitary sewer or sewers of larger size or capacity) and maintaining the said watermains and 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 above described; 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 in Schedule "A" attached hereto unto the Grantees, their successors and assigns for their sole and only use forever; AND the Grantor for its successors and assigns covenant with the Grantees, their successors and assigns to keep the said lands described in Schedule "A" attached hereto free and clear of any buildings, structures or obstructions; not to deposit on or remove any fill from the said lands, and not to do or suffer to be done any other thing which may or might injure or damage any of the works of the Grantees herein; AND the Grantor covenants with the Grantees that it has the right to convey the said rights and easements to the Grantees, notwithstanding any act of the Grantor; AND the Grantees shall have quiet possession of the said rights and easements, free from all encumbrances, - 3 - save as aforesaid; AND the Grantor covenants with the Grantees that it will execute such further assurances of the said rights and easements as may be requisite; AND the Grantor releases to the Grantees all claims upon the estate herein conveyed for the rights granted by this indenture; AND the Grantees covenant and agree with the Grantor 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; IT IS UNDERSTOOD and agreed by and between the parties hereto that the burden of this indenture and of all the covenants herein contained shall run with the lands hereinbefore described 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 Grantees, their successors and assigns, for the purpose of operating and maintaining the said watermain or watermains, sanitary sewer or sewers, and that this indenture shall be binding upon and enure to the benefit of the parties hereto and their respective successors and assigns; AND the Mortgagee to the extent of its interest in the lands of the Grantor hereby consents to and agrees in the grant herein contained and for its successors any assigns hereby subordinates and postpones all right, title and interest in the lands herein, to the Grantees and to the rights and easements herein granted; - 4 - IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals. SIGNED, SEALED AND DELIVERED in the presence of:- J.D.S. INVESTMENTS LIMITED _ Per President THE REGIONAL MUNICIPALITY OF DURHAM BEATH, CHAIRMAN C.W. LUNDY, CLERK THE CORPORATION OF THE TOWN OF PICKERING THE BANK OF NOVA SCOTIA SCHEDULE "A" 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 being composed of Part Lot 21, Concession 1, former Township of Pickering, designated as Parts 5 and 6 on a Reference Plan of survey filed in the Land Registry Office for the Registry Division of Durham (NO.40) as Plan 4DR-1096. rEC)xud c? roVF'r VH F : oMq F 4 cn Nxocu(D r- ?HX w fox w z H in W W N ° N C) t*1 ".J H. In M C7 t!] Fl- PV ? x ? ? a mW 7d o O H C D t C) 1 ?a :0 Cn H ? r K ? w Ea SB > O - H r- m E (n N N H n] lj ?j z ro N H H ON z W W GAO ONO z l'7 awxcn- t? En ??yy ?J wz C ft : G O y rr y rt is > t=J M w a? 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