HomeMy WebLinkAboutBy-law 943/79 (2)THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 943/79
Being a by-law to authorize the execution
of a Grant of Easement between the Corpor-
ation of the Town of Pickering and Her
Majesty The Queen In Right of Ontario as
represented by the Minister of the Envir-
onment with respect to Blocks A, AX and
BX-1 in Plan M-106.
THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING
HEREBY ENACTS AS FOLLOWS:
1. The Mayor and C
execute a Grant
attached hereto
the Corporation
and Her Majesty
Ontario.
Lerk are hereby authorized to
of Easement in the form
as Schedule "A" between
of the Town of Pickering
The Queen In Right of
By-law read a first, second and third time and finally
PASSED this 22nd day of January, 1979.
TOWN 0 =
P;CKEF11i 1_
AS TO EL'-_,7
}Mayor (Act nga
Clerk
Tfji.q Grant of eaf; nrents made the 15th da, of
December Iq 78
?Ictwcvll
THE CORPORATION OF THE TOWN OF PICKERING
herein railed the Grantor
and
?fyr slt*mi Dw Ourru phi r;ig1jt Of
Ontario q5 rkrprr5rntrb Ott Tl)r
1Ult5trr Of T4 C? 4IblrOlllllrllt herein called [be Crown
--acrd---
7iaDE Ezzd:fl c claas? -
-anti -
--hrrein ,31f2r-nc7 OScurn6tanier -
(llCElllca1A Zi q-
uhtnr55rtt)
1. The Grult-or is entitled to in fee sinrpfe and in possession the land herein described subject to the encumbrances
1mvinafter described.
_'. The Chargee is Ihc registered owner of a mortgage or charge affecting the land of [tic Grantor.
3. The (Encunnbrimer) has a claim against or in interest in the land of the Grantor orsuch noble as to naustflule him
all cur unrhi.inrcr thereof.
4. I'msuam to The Ontario Wafer Vesomees Act, and amendments (hereto, the Crown has erected or is about to erect,
:r sc++er?wafcr main ar mdiL'h`?`?h?dtSd'f 91h6raMI'aable consideration and
S. In corisideralion Of Ae sum of ---------------TWO ($2.00) --------------- Dollars
of lawful mmicy of C:ulada, now paid hl Ihc ('town In the Grantor (the recctpl whereof is hereby arl,nowledecd) Ihc
Grimnn herehS grails and rOnvevs in pcrpcluiry la Ihc Crown. its surrTGSnrs and assign:. Ihc oghlN arid eilulDclils
1a1 1, enter and lay dowm, install, ron'lmcl. maintain. open. inspect, add fu. olio, repair and f,rep in eood ron-
dmon, rcrirove, rcpt.tic. relocate, tetanal ntct, supplement :md opcrmc one ur rnotc scwcr?+aatcr main. of any pert
Ihoieol including all appuricu:niree nccessan• or inodcluil Ihetelo, ou, in. across, under and tlnoligh the land (hefew
rani J • ,he stripe) (lrscrihrd in Schedule "A" lICPflo annexed:
(h) 10 keep the ship clear of all brush. bees and other oh.tnuctions of am• nilure whalxlcver as nrayr he ncecssan
to the rxi rr nc said fir Ilse eujoymenl of Ihc rights and caumcols herein erinled:
(c) Vol file scnnnlN. agcnfs. ronlli:turs and leorkn)0n of and ()filer persons duly authorv_ed by Ihc Crown, at all
t iure..old front lime to little to pass and sepia with all plant, mi+ hincry, material, veltlcles and ecimpmeot as max he
uc.esary, along file strip ((it all purposes necessary or incidental to the exercise and for file etipy merit of the rights
and r.ncnurnls herein granted.
file aforesaid riehl9 and easements are herein granted on Ihc following Innis and conditions x0 h arc herehs
nminalll "'cell nlcd and agreed to by and bcfween the Grantor and the Crown:
1. 11p0m the comPletion of life ronstrur lion of the aforesaid scwrrj+vafer mein or mains and of an) installation, re.
pla, -enrol, maintenance, impeit)oil , rcp.111 , alteration Or removal work nrbsequent thereto, the Crown shall fill in all
rs, a+el?ons in file strip and as far as prailicahlc lcstore the surface thereof to file same condition as that in whwh it saes
(ouad poor to the ennunen.emcut of the work and shall remove all equipment and rubtiMt.
r•.??r?? r ??? r inn 1, ut;si r:
_'. The Grantor shall not excuvale, drill, install, erect, build or permit to be excavated, drilled, inslalled, erected, or
bnlll. on, in, over. through or under the strip any pit, well, pavement, building, structure or other obstruction of any
nature whatsocvet without file prior written consent of the Crown, which written consent shall not be unreasonably
wilheld but otherwise the Grantor shall have the right fully to use and enjoy the strip subject always to and so as not to
inlcrlere wills the rights ;it)(] casriuents hereby granted to the Crown.
i. NolMlhslanding any rule of law or equity, the sewer/water main or mains and all uths equipment and appurt.
enances brought on to, laid on or erected upon, or buried in or under the strip by lire Crown shall at all times remain
lire property of the Crown 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 Crown or its successors and assigns.
4. The rights and casements hereby granted are and shall be of the same force and effect to all intents and purposes
as it 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 sen-
tence shall be construed as if the grammatical and terminological changes thereby rendered necessary had been made.
The Grantor covenants with the Crown that he has the right to convey the said rights and easements to the
Crown notwithstanding any act of the Grantor.
And that the Crown shall have quiet possession of the said rights and easements, free from all encumbrances,
save as aforesaid.
And the Grantor covenants with the Crown that he will execute such further assurances of the said rights and
casements as may be requisite.
And the Grantor covenants with the Crown that he has dune no act to encumber the said land save as aforesaid.
11 A itnP55 IMbUtOf the said parties hereto have hereunto set their hands and seals.
,Zigneb *rafrb anb ;Dthbarb
In the Presence Of:
THE CORPORATION OF THE-JINN OF
- A- >
'? lIemitlt' /
PICEERING
`.......: SEAL
SEAL
............................_.......................................................... SEAL
For the Minister of the Environment
For and on Behalf of Her Majesty The
Queen in Right of Ontario
.................
per )
G.
MOE 13 131
rove 7 nl 3
SCHEDULE "A"
The Crown its agents, servants, successors and assigns has
the right to enter upon a strip or strips as shown on the
Plans of Survey registered as Plan Nos. 40R-4519 and 40R-2326.
The said Easement lands are described as follows:
ALL AND SINGULAR that certain parcel or tract of land and
premises registered as Parcel M-106-A,AX, BX-1,
in the register for Section M-106
in the Office of Land Titles at Whitby, and being
in the Town of Pickering in the Regional Municipality of
Durham, being composed of the whole of Block A as shown
on Plan filed in the Office of Land Titles at Whitby as M-106
more particularly described as follows:
FIRSTLY:
A permanent easement in perpetuity in favor of Her Majesty
the Queen in Right of Ontario as Represented by the Minister
of the Environment for the construction of a sewer/water
main or mains over Part 2 on registered Plan 40R-4519.
AND SECONDLY:
A permanent easement in perpetuity in favor of Her Majesty
the Queen in Right of Ontario as Represented by the Minister
of the Environment for the construction of a sewer/water
main or mains over Part 7 on registered Plan 40R-2326.
and being part of the said parcel.
I wm 7LI? - AffLhvit, 19., n;-, nig Act. L.T.A.
N--n, .na Cill,n. U,nrd, Tmumo
t? ? e ?calll) t, ifIr,q ,art
IN THE MATTER OF THE PLANNING ACT (as amended)
of Easement)
AND IN THE MATTER of a (Transfer) ?.} kr{x3; f?ry'?rr?a?X s?2 of (Part of) Parcel
M-106 -A, AX, BX-1
in the Register for Section M-106 dated December 15, 1978
of the Town of Pi cketing
in the Regional Municipality of Durham
make oath and say as follows:
.1 ?
? 11
C 1 the Corporat?7?
1. That I am the m3iailuz)?kK-2?a Transferor) (G7 zx;or???3?t azes? jLez?r) named in the
above mentioned (Transfer) (Charge} (?aui on)_( eats), which is attached hereto.
2. That the said (Transfer) (Ch-drge)-(-C-aAion}??ease}does not contravene the provisions of
The Planning Act, as amended, because
T? he jYresr?tExegisLsrrdou. r? fines natssL in Lke-if earJhg Petit1t o redemption in, or a
,nl„atl, $sn;er?r-rig]t??o-grna?t,-nssagnor_c-ccxr?sr?gcuuerslnyp`„?,n1bL2ni1111rsR-°r?tLS71Y
laatd ?ku tl tai-g11i F Ia nd -affc'ct ed -by 1 h? ?T wssf_ez? ?C?n.rg e l_ CCru?lwn.,L -(Lees e)-
The land (or interest therein) described in the
Transfer (of Easement) is being acquired by the Crown.
SWORN before me
At the Town of Pickering
in the Regional Municipality
of Durham
this 1+15?
dry of Tar?ara?} 19 7
--------------------------------
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