Loading...
HomeMy WebLinkAboutBy-law 965/79THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 965/79 Being a by-law to authorize the execution of grants of storm sewer easements from Bramalea Limited to the Corporation of the Town of Pickering respecting Parts 16, 19 and 23, Plan 40R-4715 and Parts 5-9 and 20, Plan 40R-4830 (Amberlea Industrial Park) WHEREAS, On January 8th, 1979, the Council of the Corpor- ation of the Town of Pickering enacted By-Law 933/79, author- izing the execution of a Development Agreement between the Corporation of the Town of Pickering and Bramalea Limited respecting those lands in Lots 29 and 30, Range 3, Broken Front Concession, shown on Plan 40R-4715 and 40R-4830; and WHEREAS, pursuant to the provisions of section 16 of the said Agreement, Bramalea Limited is required to convey to the Corporation of the Town of Pickering certain storm sewer ease- ments; 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 grants of storm sewer easements in the form attached hereto as Schedule "A" from Bramalea Limited to the Corporation of the Town of Pickering respecting Parts 16, 19 and 23, Plan 40R-4715 and Parts 5-9 and 20, Plan 40R-4830 (Amberlea Industrial Park). BY-LAW read a first, second and third time this 5th day of March, 1979. r / or J I V auk Clerk (Pro Tempo e) R yf .: ?r 1 X SCHEDULE "A" to By-law 965/79 Y__.> >_.i_;s H(_._ rRAZA.LEA . .M''.= a ca, r n:' _.,corporatod under t0i laws of the Irovince of Ontario, As Owner the registered owner of the land registered in the Land Registry Office, for the Land Titles Division of Durham (No.40) as Parcel Pickering in the register for 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 paid to it doth TRANSFER to THE CORPORATION OF THE TOWN OF PICKERING the free and uninterrupted and unobstructed right and easement to construct, operate and maintain such storm 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 hereinafter particularly described namely: A-LL 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, (formerly Township of Pickering, County of Ontario), being composed of these Farts of Lot Range 3, Broken Front Concession, now more particularly described as Parts on a Plan of Reference registered at the said Land Registry Office as Number 40R- TOGE'T'HER with the right of assigns and its and their wor?nen with all necessary vehicles to enter upon the and repass thereon for the r-consi_ruc;ing, exAmining, the Transferee, its successors and servants, agents, contractors and materials, equipment, machinery and said lands at all times and to pass purposes of installing, constructinc altering, repairing, ro7owing or - z - replacing (including replacerent with a sewer or se•»ers of larger size or capacity) and maintaining the said se•»ers or any part thereof whether or not any part to be so constructec, installed, repaired, renewed, altered, replaced or maintained is situate on the land described above. 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 sole and only use forever. AND the Transferor for its and their successors and assigns covenant(s) with the Transferee, its successors and assigns to keep the said lands described herein 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 Transferee herein. 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. AND the Transferor releases to the Transferee all claims upon the estate herein conveyed for the rights transferred by this indenture. 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 he-- transferred. - 3 - IT IS U,= RSTOOD and agreed by and bet,,eLn the parties hereto that the burden of this indenture and all of the covenants herein contained shall run with the lands hereinbefore descri`_-d and the benefit of this indenture and of all covenants contai.-.=d herein shall run with all other lands and interests in land owned, occupied or used by the Transferee, its successors anc assigns, for the purpose of operating and maintaining the sail sewer or sewers and that this indenture shall be binding upon and enure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals. BRAMALEA LIMITED por: I•c- . THE CORPORATION OF THE TOWN OF PICKERING Per: