HomeMy WebLinkAboutBy-law 848/78THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 848/78
Being a by-law to authorize the execution
of a Grant of Easement between the Cor-
poration of the Town of Pickering and Her
Majesty The Queen In Right of Ontario as
represented by the Minister of the Envir-
on ment with respect to Part Lot 18,
Broken Front Range 3.
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 Her Majesty The Queen In Right of
Ontario.
BY-LAW read a first,
this 10(1 day of
second and third time and finally PASSED
PX , 1978.
Clerk 040 J14W
SCHEDULE "A" To By-Law #848/78
Tf i ; Grant of (Lagementg made the 17th day of
April le 78
prtlurrll
THE CORPORATION OF THE TOWN OF PICKERING
herein called the Grantor
and
'()rr S lajr5ty Ulf 011M, hi i;igl)t Of
Ontario 0s; Brprr5rn1rb , 181) TI)r
Sflilli5tcr Of TI)c C libiromnrnt
herein called the Crown
-hrmn r-Aru t-rhu-MoTru--
and -
=ziwr*ia:;37G: t4.a>n?tF?r?m'2?=-
- N K ?si{r ofy Fn-G?alx or
I.vl t I I r55rt l)
1. Mlle Grantor is entitled to in fee simple and in possession the land herein described subject to the encumbrances
hereinafter described.
_'. The Chargee is the « gis(eted owner of a mortgage or charge affecting (lie land of the Grantor.
i. 1'hc Wricumhrzncer) has a claim against or an nlfcrest in lite land of the Grantor of sllch tlalllre as to constitute film
an encumbrancer Ihereol.
4. I'ulsuartl to The Ontario Water Kesrnrrces Act, and amendments thereto, the Crown has erected or is about to erect,
a sC wCr/",Jlcf main or nla ns on the Lind of ll Gran ur.
otter good and vaiouable consideration and
s. In consideration of/he sin, of -----------------TWO ($2.00) ---------------- Dollars
of lawful money of Canada, now, paid h% file Crown to lire Grantor (tile receipt whereof is herch- acknowledged) the
Grantor beleby grants and conveys in p,rpcluily to the Crown. its succeswrs and aligns, the rights and easements:
(a) To ,tiler :old lay down. install. construct, maintain. open. inspect, add to, alter, repair and keep in good c(in-
ditio u, remove, replace, relocate, reconslnlcl, supplement And operate one or more sewer/water mains or a11)' pall
thereof. including all appurlenam es necessary or lrleldelltal Ihcreto. on. tai, across, under And lbrougb the land (herein
called "Ibe strip") desc riled in Schedule "A" hcreto anncsed:
(h) 1o keep (lie strip clear of all brush. trees and other ubstrllcllolr.t of ally nature whatsoever as May he lleeessan'
Ill the exercise and IIr the cujoymoot of the rights and casements herein granted;
to) Vol file senanls, agents. contractors and workmen of and other persons duly authuri/ed by the Crown, if all
tines and from time to lime to pass and repass with all plant. machinery, material, vehicles and equipment as may he
mccessarv, along the strip for all purposes necessary or incidental to flit exercise and for the enjoyment of the rights
:n1d casements herein granted.
The aforesaid rights and casements are herein granted on the following terms and conditions which arc herchy
mutually covenanted and agreed to by and between the Grantor and file Crown:
1. (;Pon the crnnpleliou of the construction of file aforesaid sewerlwater main or mains and of am Installation. re-
placement, olainfenance, inspection. repair. Alteration or removal work subsequent thereto, the Crossn hill fill in all
eseavations in file strip and as far is practicable restore the surface thereof to file same condition as that in which it ss-as
brunt poor go file conunencenlcnt of the work.and shall remove all equipment and rubbish.
P.".. I.,I .1 "Of 1]-131/5/11
page lA
5. IN consideration of the granting of the easements herein,
the Crown hereby assumes all liability for, and hereby agrees
to be responsible for any and all claims, demands or actions
brought against the Grantor resulting from the actions of the
Crown, its agents or contractors, or workmen thereof in
connection with the construction of the forcemain installation
across the "Pickering Spur Line".
6. IT is also understood and agreed that the Crown shall
indemnify the Grantor against and hold it harmless from any
and all liability for damages on r!ct:nt of injury to persons
or damage to property resulting from or arising out of or in
any way connected with the presence of the Crown, its servants,
agents, or employees and persons duly authorized by the Crown,
on 1_he property above described and shall reimburse the Grantor
for all costs, expenses and loss incurred by it in consequence
of any claims, demands and causes of action which may be brought
against it arising out of the presence of the Crown its servants,
agents or employers and pel_sons duly authorized by the Crown
on the lands herein described.
7. IT IS acknowledged by the Crown that the easement granted
herein is subject to any prior or future rights of the Grant?-
Canadian National Railways or any other private y oper
a rail service vacility over the subject lands.
_'. The Grantor shall not excavate, drill, install, erect, build or permit to be excavated, drilled, installed, erected, or
built, on, in, over. through or under the strip any pit, well, pavement, building, structure or other obstruction of any
nature whatsoever without the prior written consent of the Crown, which written consent shall not be unreasonably
witheld but otherwise the Grantor shall have the right fully to use and enjoy the strip subject always IO and so as not to
interlcre with the rights and easements hereby granted to file Crown.
?. Notwithstanding any rule of law or equity, the sewer/water main or mains and all uth_r equipment and appurt.
minces brought on to, laid on or erected upon, or buried in or under the strip by the Crown shall at all limes remain
the property of the Crown notwithstanding that the same may be annexed or affixed to the freehold and shall at any
time and floor time to time be removable in whole or in part by the Crown or its successors and assigns.
4. The rights and easements hereby granted are and shall be of the same force and effect to all intents and purposes
as a covenant running with the land and this grant, including all the covenants and conditions herein contained, shall
extend tu, 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.
lence shall be construed as if the rammatical and lerminolrcal oc iangis tther bwirkreld nevpuiPadtbeen made.
** Page 1A attached Aereto orms pa
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
easements as may be requisite.
And the Grantor covenants with the Crown that he has done no act to encumber the said land save as aforesaid.
In Ul itnegg MbEreof the said parties hereto have hereunto set their hands and seals.
THE CORPORATION OF THE TOWN OF PICKERIh
;Z)igntb §ealrb anb 33efibereb
In the Presence Of:
For the Minister of the Environment
For and on Behalf of Her Majesty The
Queen in Right of Ontario
...........................................................................................
per ( )
MOE ]a-1]I
n.ye 2 ar
SCHEDULE "A"
The Crown its agents, servants, successors and assigns has
the right to enter upon a strip or strips as shown on the
Plan of Survey registered as Plan No. 40R-4334
The said Easement lands are described as follows:
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 composed of part
of Lot 18, Broken Front Range 3 in the said Town of
Pickering
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 3
on registered Plan 40R-4334
SECONDLY:
A temporary easement in favor of Her Majesty the Queen in
Right of Ontario as Represented by the Minister of the
Environment for access for the construction of a sewer/water
main or mains over Part 5 8 and 11
on registered Plan 40R- 4334 for accession purposes,
for a period not to exceed 12 months from the date of
commencement of construction.
Form 1072 nlcv6ed)
Nr..ome xrd GiN-A, Umltrd, Toronto
IN THE MATTER OF SUBSECTION 3 OF SECTION 5 OF
THE LAND SPECULATION TAX ACT, 1974
MfOaijit
I, . ..... ..._ X the.....
(print name)
ofTHE CORPORATION OF THE TOWN OF PICKERING
(print address)
MAKE OATH AND SAY THAT:
1. I verily believe that the disposition of designated land evidenced in the attached instru-
ment or writing is exempt from the tax imposed by subsection 1 of section 2 of the
above Act by virtue of the disposition being:
daeribe Designated land is disposed of to Her Majesty The Queen
nxt°?nt in Right of Ontario as represented by the Minister of
dislw.ition
Environment,
as provided for by section 4 , clause J ,X7G>i&tx of the above Act.
of the corporate
delet<thi. 2. I am the/transferor making the disposition referred to in paragraph 1 hereof.
p ph it
inapplitppr<xme Since the acquisition of my interest in the designated land that is referred to in para-
graph 1 hereof and that is being disposed of to the transferee named in the attached
instrument or writing, no disposition with respect to such designated land has occurred
prior to the disposition to the said transferee.
Me t,thi. 3. anr?Attllraed itrwTiting?t tyre lrairsf?vrnrakhTg-the slrns4iurrTefen-ed-to-itr
p.rxxr.ph it
irapplirable paragraph I hereof to make this affidavit. --
Since the acquisition of the_inierest-vT*jie transferor in the des mrea land that is
referred to inlu?a?na¢t Y hereof and that is being-4isl56-sed of to the transferee named
i4-theaftached instrument or_v.riting-,no disposition with respect to such designated
7:tfiT7"has occuiie't?"ISi?o7?.bThe LTgY67,IVDITIGVT1!-cihrp;r(rs7c-ee.
Sworn before me at the
of
in the
of
this
day of
1978
A Commissioner, etc.
Form 105E
Affidavit - The Planning Act
Rrct"t Art "Id. only
Nrw.omr .nd G11trrt M-h,d. T°n,at,.
IN THE MATTER OF THE PLANNING ACT (as amended)
AND IN THE MATTER OF THE TITLE TO Part of Lot 18, B.F.C. Range 3,
PICKERING
°^d•°^s? AND IN THE MATTER OF A GRANT OF EASEMENT/
A.r.rmrnt of
THEREOF, FROM The Corporation of the Town of Pickering
TO HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED
BY THE MINISTER OF THE ENVIRONMENT
DATED April 17th, 1978
I, of THE CORPORATION OF THE
TOWN OF PICKERING
of the Town of Pickering in the Regional
Municipality of Durham
MAKE OATH AND SAY AS FOLLOWS:
Corporate
1. I am 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
nrirv (a.j-T}re-?r-esc?rtegestea'ed-ow?errloesxeE-refaiK#kc-feeerE-Ire{?uzf1?-efredentytivrr-z+t-vra
If not
porves-orTrg4rE#a gran#,Y sigx?rerciscdpvmtrrof}enfinext?ctkrespccfteany
Ia n? rr bTCt Ling thy-lntrct- ¢?ccterl-?n,?-E?te - f.1-a rtt- vt- -i?ast?rm}lrtf f3?ec3
su? (b) The Land (or interest therein) described in the
Transfer (of Easement) is being acquired by the Crown.
n
pursuant to Section 29, 2(c) of The Planning Act.
SWORN before me
at the
in the
this
day of
1978.
c O?.?vbOM.. ron 1 .wu+c.1 r?O.vgi (to
"Form 100 Nr-. rnr nd CilLerl Lio IUd, Toronto
L,TIlr Kanh 01 rawifrr C' ax Art, 19 M
AFFIDAVIT OF VALUE OF THE CONSIDERATION
IN THE MA'T'TER OF THE CONVEYANCE made
by: _. THE CORPORATION OF THE TOWN OF PICKERING
-_-------------- ------------------- - -----------------------------------------------------
-------------
----------- --------------------- ----------- ------------- -------- ------------------- --------------- - ----.
(idently
the p.rtirs to: _HER-MAJESTY--TH,F--.QUEEN__IN-RIGBT-OF...ONTARIO ---AS----- ----__--__._
to the
rnmry.nrrl __ -REPRESENTED BY THE-_MINISTER_ OF--THE--ENVIRONMENT--------___._
on the 17th day of April 19 78
IN . and
I, ------ -STEPHEN--ALTi4ERGER----------- ------------------------ ----- ------ ---- --- --------- - - --- - ---
----------------------
ofthe -- --City of_,Toro__nto----------------------- ------- ----------- ------------------------------
in the ___ Mun is ipal ity- of_ Metrogo 1 itan--Toron_to------------------ -------- --------------------------
MAKE OATH AND SAY THAT:
This .frd.+it may
1. the solicitor for-_the
Gra_ te.e ---_-------_----.
---
---
-----
I and __
__ ----_--
---
--
---
_--
bc male by the _.
-
-
-
--
-_ -
_
-
-
pnrrh.-,r.1 v-- named in the within (or annexed) conveyance.
dor or by ny one
.sting for them
under power of
eF er,or by .?
r
d" 2. I have a personal knowledge of the facts stated in this affidavit.
a
dfe
in writing by the
porch ass
ven-
the
dor or by the
n or or Tither
3.
(1) The total consideration for this transaction has been allocated as follows:
th
of
of them or some
other pe?n
.ppro,rd by
Ly the
(a) Land, buildings, fixtures and goodwill ------ ._____._____......... __....
... $_2.OQ____--
vor of
Reavenna a.
(b) Chattels -items of tangible persona] property - (see note) ----- ..
_$__ni_1__-_-___
TOTAL CONSIDERATION - -------- - --- ---- --- ---------------- - ---- $_.2_._09.------- -
(2) The true consideration for the transfer or conveyance for
Land Transfer Tax purposes is as follows:
(a)
Monies paid in cash - - - - -- - --- -----
$- .
--- 2 --, 00
---------
(b) Property transferred in exchange (Detail below) --------------- _---------- -- $__ _n11
(c) Securities transferred to the value of Detail below ---- ---- _---------- -- rill
-----------------
(d) Balances of existing encumbrances with
interest owing at date of transfer __._---- _---- ---- .___ ------ -- $_ __nil - -
nil
(e) Monies secured by mortgage under this transaction ------- -- $-- ---
(f) Liens, legacies, annuities and maintenance
charges to which transfer is subject ..--..___.____-.-____.-___.--__.___-__. _.$__ -nil
(9) Other (Detail below) - _ .-.. ---- - _-_- ------- - _------------- - $-- --- nil------ -----
TOTAL CONSIDERATION (should agree with 3(1) (a) above) _.$_ -2..00
4. If consideration is nominal, is the transfer for natural love and affection? -_.___--
---------- ---------------------- ............... n1a-- - - -- --- - ----- - --- -- - --- ------ ------------- ---------
5. If so, what is the relationship between Grantor and Grantee? _._._.__.._-----------
------ n/a
nce- is
6. Other remarks and explanations, if necessary -The within conveya
---------------
- -
exemp_t._.from --Land _Transfer..Tax.as..-the_.conveyance_is--tn_.The-"Crown-
pursuant to_-Section_2,__Subsection--3-,---The-_-Land-_Tran-sfer_TaxAGt..__
Chapter 235, R.S.O 19.74 __
-------- ------- - ------- -- --
SWORN before me at the City
of Toronto
in the Municipality
of Metropolitan Toronto
this 17th day of April 19 78
---------=--- ----------
Stephen Altwerger -
{A?15000D. R 11n INGAFF IB cOm '=`rref, eta,
Jud'cal Distrlot of fork. for
A!twcrrer, Lipotvich 8 Lupowich, oalrislors.
Ezpues May 10, 1979.
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insert ?,u\'r onh' th, v.'ur of ch." rl., thr t,n.t ..lue of -hlch in he
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Wh"
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Pchurr t to th Trr rr.-u Ter of Onuria nd rrmat
m puab-..1 . .. P»'t rt o „f f this rti, a,, with a.Lrr of f 1.- ?. than S100 p0, hr .Pp6r.Llr is Rmuld be .id id b> the .,
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