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HomeMy WebLinkAboutBy-law 932/79THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 932/79 Being a by-law to authorize the execution of a Deed between the Corporation of the Town of Pickering and the Regional Muni- cipality of Durham respecting Part Lot 18, Range 3, Broken Front Concession (Part 3, Plan 40R-852; Parts 7 and 8, Plan 40R- 3158). WHEREAS the Corporation of the Town of Pickering, as the successor to the Corporation of the Township of Pickering, is the owner of certain lands in Lot 18, Range 3, Broken Front Concession; and WHEREAS the lands designated as Part 3 on Plan 40R-852 are intended to be a road widening for Brock Road, which road is under the jurisdiction of the Regional Municipality of Durham; and WHEREAS the lands designated as Parts 7 and 8 on Plan 40R-3158 are intended to be reserved adjacent to the said Brock Road; and WHEREAS as the said Brock Road is under the jurisdiction of the said Municipality, it is now deemed appropriate to con- vey the said lands to that Regional Municipality; 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 Deed in the form attached hereto as Schedule "A" between the Corporation of the Town of Pickering, as the successor to the Corporation of the Township of Pickering, and the Regional Municipality of Durham respecting the transfer of those parts of Lot 18, Range 3, Broken Front Concession designated as Part 3 on Plan 40R-852 and Parts 7 and 8 on Plan 40R-3158 (Brock Road/McPherson Court). BY-LAW read a first, second and third time and finally passed this 8th day of January , 1979. TC S iJ OF 6.,eT 3 -4c> e - -96 z Z<>A D W IZ E,JIlAjlq N Q n0 ?Y u u 0 i.o' 1,01 P4,eT -8 eE??e.ie ¢o e- 3158 M c PHE,¢60N _ GoN1GT P,kzT -7 IeESEeva 4o2- 3/5g I No'T Tv SGALE I min L1011 Deed Wi II,Imi Sp,,,,I COmrnI UNITED STATIONERY CO. uMiTm, LLG4L IORM DEPT. !O PRODUCTION DRIVE. SL.RROR000H #VSZZ4& et-01 S x? J4 11made (in duplicate) the 8th day of January one thousand nine hundred and seventy-nine in 1hirsnanrr of Of Ilr E6Ilart 3f nrmn of Tnnuryamrs Art. ?ettneen THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Grantor" OF THE FIRST PART, - and - THE REGIONAL MUNICIPALITY OF DURHAM hereinafter called the "Grantee" OF THE SECOND PART. WHEREAS, pursuant to the provisions of The Regional Munici- pality of Durham Act, 1973, S.O. 1973, chapter 78, the Cor- poration of the Town of Pickering is the successor to the Corporation of the Township of Pickering; Witneggetb that inconsideration of the sum of------------- ------------TWO---------- Dollars of lawful money of Canada, now paid by the said Grantee to the said Grantor , the receipt whereof is hereby by acknowledged, the said Grantor Do (5rant unto said Grantee in fee simple. All ana £Iinnular th ose certain parcels or tracts 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, FIRSTLY, that part of Lot 18, Range 3, Broken Front Conces- sion, designated as Part 3 on a plan of survey of record registered in the Registry Office for the Registry Division of Durham as Plan No. 40R-852; and SECONDLY, those parts of Lot 18, Range 3, Broken Front Conces- sion, designated as rarts 7 and 8 on a plan of survey of record registered in the said office as Plan No. 40R-3158. a LOS Maur nnb to hnlb unto the said Grantee, its succe,sorsand assigns to and for its and their sole and only use forever. Eidijrrt nrurrfllrlrss to the reservations, limitations, provisos and conditions expressed in the original grant thereof from the Crown. 01 Ile said Grantor Lnurnants with the said Grantee C, Oat it has the right to convey the said lands to the said Grantee notwithstanding any act of the said Grantor. Ann that the said Grantee shall have quiet possession of the said lands, free from all ineumbrances. Anb the said Grantor Tnurnantswith the said Grantee that it will execute such further assurances of the said lands as may be requisite. And the said Grantor (fnnrnants with the said Grantee that it has done no act to incumber the said lands. Anh the said Grantor Nrlranrs to the said Grantee All its claims upon the said lands. 3n ' itne55 Mbereof the Party of the First Part has hereunto affixed its corporate seal attested by its authorized officers. Eigmrb, Sralrb an) ilrliurrrb IN THE PRESENCE OF THE CORPORATION OF THE TOWN OF PICKERING Form 130 Affid.vlt. Pl.nnmg Act United Stationery Co. Limited, Irg? Form Dept. SO Production Drirr. S,Ut.o-.gh The Regfi trp Rd IN THE MATTER of the PLANNING ACT (as amended) AND IN THE MATTER of the TITLE TO Part Lot 18, Range 3, Broken Front Concession (Part 3, Plan 40R-852 and Parts 7 and 8, Plan 40R-3158) Pickering Dee& morta.p. A¢r.etn.at at AND IN THE MATTER OF A conveyance 5.1., Le. *U. THEREOF, FROM The Corporation of the Town of Pickering TO The Regional Municipality of Durham DATED January 8th, 1979 I, C. M. Timothy Sheffield of the Town of Pickering in the Regional Municipality of Durham MAKE OATH AND SAY AS FOLLOWS: 1. Iam the Solicitor for the Grantor 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 D.letr (a}-The-prmenf-regin"ed-emxerdse?AO6yeteit??ka#ce?rtkaequity-of redernptien irk-9ae if not Pomer-or rightle grmlt vseig+r er?rereie7?ewe* of ?PPointrrtentl] reeyeet?te?ng aired .PDIfe.Ela 'Q?flff'IRj"'NiC>}7f1i? Cf f eClCd-?xf f?t?L" Stale other The land is being disposed of by a municipality. reason If .nr SWORN before me at the Town of Pickering in the Regional Municipality of Durham this 8th day of January 1S 79 A Comuitivianrr for Taking Affidnvils, etc. F- ]33 Uo. .•f $.a r I ou".. HweC July 15. 1974 1 , ? n1[I -111111 1 r Par l THE LAND TRANSFER TAX ACT, 1974 Affidavit of Residence IN THE MATTER OF THE CONVEYANCE OF Part Lot 18 , Range 3 , Broken Front C9neESfii0n (Part 3, Plan 40R-852 and Parts 7 and 8• Plan 40R-3158) Pickering (insert brief description of land) TO The-Regional Munir'ina.lit-v of nurham (insert names of all transferees) (print name and address) MAKE OATH AND SAY THAT: 1. 1 am (place a clear mark within the square opposite that one of the following paragraphs that describes the capacity of the deponent): (a) A person to whom or in trust for whom the land conveyed in the above-described conveyance is being conveyed; (b) One of the trustees named in the above-described conveyance to whom the land is being conveyed; (c) A transferee named in the above-described conveyance; (d) An agent authorized in writing to act for who is a person (insert name of principal) described in paragraph above (insert only one of paragraph (a), (b), or (c) above); (e) The solicitor acting in this matter for who is a person (insert name of client) described in paragraph above (insert only one of paragraph (a), (b) or (c) above); and as such, I have personal knowledge of the facts herein deposed to. 11 2. None of the transferees to whom or in trust for whom the land conveyed in the above-described convey ance is being conveyed is, within the meaning of the Act, a non-resident person (strike out this paragraph if inapplicable). 3. The following persons to whom or in trust for whom the land conveyed in the above described conveyance is being conveyed are non-resident persons within the meaning of the Act. (insert the name and place of residence - or in the case of a corporation, the place of incorporation - of any transferee who is a nonresident person. 11 space is insufficient, attach a list of those transferees who are nonresident persons.) 4. 1 have read over and considered the definitions of "nonresident corporation" and "non-resident person set out respectively in clause f and g of subsection 1 of section 1 of the Act. Sworn before me in the of this day of 19 .ir AFFIDAVIT OF SUBSCRIBING WITNESS 1, of the in the make oath and say: I am a subscribing witness to the attached instrument and I was present and saw it executed at by .see footnote .See footnote 1 verily believe that each person whose signature I witnessed is the party of the same name referred to in the instrument. SWORN before me at the in the this day of 19 n corr. uu..•a ran Taar.o xrnowvna, are Where a party is unable to read the instrument or where a party sign by making his mark or in foreign character add "after the instrument had been read to him and he appeared fully to understand it". Where executed under a power of attorney i,sert "loam. of attorney) as attorney for (mme of party)"; and for next clause substitute "I verily believe that the person whose signature 1 witnessed was authorized to execute the inerrument a attorney for (name)" Amended, Ian. 1975 THE LAND TRANSFER TAX ACT, 1974 AFFIDAVIT OF VALUE OF THE CONSIDERATION IN THE MATTER OF THE CONVEYANCE made Identify by: The Corporation ..... f.. the_..Town.. of_ Pickering ......... _„ „ .. ,... _ . . ............. the Dartio to the .............................. ..... ........... ............. ......... ........ .................. _.._....... ........................... .................. ............ ..... conveyance . Municipality Of Durham The Regional ... .. .,, to:.._ .................. .................. ..........................................................._................... .................... ...................................I .............. ........................ ...................................................................... .......... ......... on the.......... 8th ................_..... ....................... say of............._January......................._...... .. ....... ...... ...... 1s.. 7.9 . C. M. Timothy Sheffield . I ...... .. ............................. Town of Pickering ......_ ... ... ... .. ......... . . .. .. . . . . of the , ... , ... Re nal Mun al it o f ha m to i Dur ci P ?r g . . . . . .... ... .. __........ .. .._ . . ...... . _ . . ... . . .._ . . .._ ....... _ .__ ....... ......._ ..... . . .. __.._.. the ... ... ......... ......................._.___ in . . .. . . . . ... . ........... MAKE OATH AND SAY THAT: 1. 1 am ..the._solicitor....f or... the.....Qran..tor ................ ........ ....... ...... ........... ............ named in the within (or annexed) conveyance. This affidavit may be made by the 2. 1 have a personal knowledge of the facts stated in this affidavit. purchneer or vendor •n one b 3. (1) The total consideration for this transaction has been allocated as follows: f 00 2 or y r (a) Land, building, ixtures and goodwill _....... ...._............. ...... .....5...... ... ...... . acting for them under power of (b) Chattels - items of tangible personal property (see note) .............$ Nil attorney or by an agent accredited in writing by the TOTAL CONSIDERATION ...... ..._.... 5...... 2.00 .... p.,eh.aer. or vendor or by the solieftor of either of them or by (2) The true consideration for the transfer or conveyance for come other ..Droved by the he Land Transfer Tax purposes is as follows: ft ? 0. Minister of Revenue. (a) Monies paid in cash .................... _._... ._f ...... ..._ .0..... a (b) Property transferred in exchange (Detail Below) _ ............. ...... .......5.- --Nil ........ (c) Securities transferred to the value of (Detail Below) .......... .... .......... f.... .. _ ... . Nil........ (d) Balances of existing encumbrances with interest owing at date of il transfer ......... II .._........ $ - ...... N (e) Monies secured by mortgage under this transaction .................. ............ 5....... .... Ni l,,...... . (f) Liens, legacies, annuities and maintenance charges to which transfer Nil is subject f..._. .... (g) Other (Detail Below) ...... _. ..... _...... ..5 ... ...Nil ...... TOTAL CONSIDERATION (should agree with 3(1) (a) above) . f 2.00 4. If consideration is nominal, is the transfer for natural love and affection? NO 5. If so, what is the relationship between Grantor and Grantee? ...N/A 6. Other remarks and explanations, if necessary ......... ... Transfer of road widening„and.adjacent_reserves from one municipality to. another. municipality SWORN before me at the Town of Pickering in the Regional Municipality of Durham this 8th dayof January, 1979. (signature) A Commissioner, etc Au blanks m,.t be idled in. NOTE TO rARAGRAI'll sill (b) t Chattels: Retail sales Is. Is payable on the c4unlon of Items shown In 501 W uelva. othrro is, exempted under :!e p.nh aov of T'he Retail Salo Tax Art. R.S.O. 1970. .115, as amrndrd. 1..r It., vurp,ne of ibl. .ffid.,it inert .1 ere only the ,nhrr of rh. unto, the tmal value of which in the opln tun or the Jrponent e. n. d. .... ua Thh, cw u.., r...nrh •r.. purAhn,er fram the pn>mnn If Rewd F.Ir. 'I'u. an shy tore iLlr Pr,,..nal Dnhpen> as pan of this tr.naruun. N'heu sbnurl, are pun L.,c i.nrt .•f rLr. rrr,o.rrrrmn wuh a whir of I-, than t1UUDO, the spplir able ia. ally...ld IK pad by urn purrbuer in the „vr..I.1, of u,unr n? .nd nm.r.. ?., thr slh?h?aer r•r ur,rnue. Much leis I/WE of the in the l/ --,mer make oath and say: «e ..,mote I/WE Strike out Clauses, AFFIDAVIT AS TO AGE AND SPOUSAL STATUS When at least eighteen years old. executed the attached instrument, Within the meaning of section 1(/) of The Family Law Reform Act, 1978:- a) I was a spouse. b) We were spouses of one another. C) --Not A Matrimc-..al Home, etc ace foot.. <. (SEVERALLY) SWORN before me at the in the this day of 19 A COMMISCOMen son TAXING ArPICAVITe. ITTC. was my spouse. 'Where affidavit made by attorney substitute: "When t executed the attached instrument as attorney for (name), he/she was (spowat atatw and, if applicalic, a.m. of apoussl within the meaning of Section L(f) of The Family Law Reform Act. 19r1. and when he/she executed the golwr of attorney. he/she had att ained the age of majority'". s' Where apouss does not join in or consent, see Se ction 420) of The Family Law Re form Act, 1911 for complete seyarnee affidavit). i-t q ONdn >a en to W 07 r-i r r z ?a j 3 0 4* (U C) IX IX I*. 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