HomeMy WebLinkAboutBy-law 866/78THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 866/78
Being a By-law to authorize the execution
of an Option Agreement 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 Environ-
ment respecting part of Lots 38 and 39,
Plan 270 (York-Durham Sewage System -
Petticoat Creek Sewer).
WHEREAS the Corporation of the Town of Pickering is the owner
in fee simple of certain parts of Lots 38 and 39, Plan 270;
AND WHEREAS Her Majesty The Queen in Right of Ontario as
represented by the Minister of the Environment requires an
easement over the said lands for the purpose of the con-
struction of the Petticoat Creek's sewer in the York-Durham
Sewage System;
AND WHEREAS it is therefore deemed expedient to enter into
an Option Agreement with respect to that easement;
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 an Option Agreement in the form at-
tached hereto as Schedule "A" between the
Corporation of the Town of Pickering and Her
Majesty The Queen in Right of Ontario as
represented by the Minister of the Environ-
ment respecting part of Lots 38 and 39, Plan
270 (Petticoat Creek Sewer, York-Durham
Sewage System).
BY-LAW read a first, second and third time and finally passed
this 8th day of August , 1978.
TOWN OF
PICKERING
APPROVED
AS TO FARM
LEGAL DE?,T.
SCHEDULE "A" TO BY-LAW NUMBER 866/78
Tbf5 21grttmEnt anb Option made the day of 3uly .1978
lilriwrrn
THE CORPORATION OF THE TOWN OF PICKERING
hereinatter called The "Owner"
OF THE FIRST PART
and
-iprr ?flajr5tp jr lr Qurrn Sin V,ight Of
Ontario 95 I,rprr5rntra Tip Tbr
?fl(nimrr Of T} r EnbirollMrllt hereinafter called the "Clown"
OF THE SECOND PART
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f i t ilr55rt11
I. The Owner is entitled to, in fee simple ahsolulc and in possession, the propcii) more parTTcularly described as
tolluws
Part of Lots 38 and 39
Registered Plan 270
Town of Pickering
Regional Municipality of Durham
2. la) In consideration of the sum of -------------- ONE ($1.00) ----------- - Dollars
of lawful money of Canada, now' paid by The Crown to the Owner (the receipt of which is hereby acknowledged), the
Owner h o,by grants to the Crown the tole and exclusive optiun,irre,ucahle w ithin the time for exercise herein limited,
in purchase the following rights and rasemcnls dyer and with respect to the Grid property.
(i) Tu enter and la)' down, install, construct, maintain. open, inspect, add to, after, repair and l,erp in good
condition. remove, replace, relocate, recon.Truct, supplement and operate one or more sewer/watcr maim or am' part
Ilocrvof, including all appuricnances neceasan or incidental Thereto. Ui, in, across, under and through a strip of the said
Property 0wo-io called 'the strip°16 m or 19.685 ft. (3) ide, the final location of which the Crown
will confirm b.v survey., and as approximately shown outlined in red on the attached sketch.
(it) To keep the strip clear of all bnlsh, trees and other obstructions of any nature svhatsoc%cr as may be neces-
erry In the eyrrci c and for the enjo)'menl of the rights and easements herein sel forth:
(iii) Fur line -111s. agents, contractors and workmen of and other persons duly authorized h)' the Crown at
All times and from time to time to pates and repass with all plant, machinery, material, vehicles and equipment as ma)' be
necesary along Ilr• strip for all purpows nereuary or incidental to [tie exercise and for the enjoyment of the rights and
casements herein KI forth,
(is) llPon The completion of the cumTruclion of the afore'.aid uwrnLL aT Cr main or mains and of :nn imlal
Lliion. 1, pl.n, meal. mmilleuunee, impcelion, repair, alletaliun or remoL al work slit"(quenl 01"I( to, Ihr cluLln ,hall
fill in all I aL alnnn In the strip :Ind as farm prll'I (A0, rrsllnr the .nrfa?r fill oof III the s To, I. 4oi..n ''ll in
I'v 11 it ., e- L .i1 L, 1.'I to Illy 1 ," of II.P _, ,I II , .11 1 . 1, . i. I 1 I 1 11
(v) To enter upon a strip, as shown on the attached sketch and outlined in
blue, adjacent to the aforementioned "Strip", for construction purposes
for a period not to exceed twelve (12) months from the date of commencement
of construction.
EASEMENT SKETCH
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EASE' Ea r i m
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EXIST \` .
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ALL TO E RE MOVE BY OTHER zsae i ` w J ? !.'?1y00
36 35? 34 33? T? , I 31
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PERMANENT EASEMENT Q '
TEMPORARY EASEMENT 0
RIGHT-OF-WAY ASSOCIATES LIMITED
3, The option hereby granted shall be open for exercise by the Crown, its agents or solicitors up to, but not after
the expiration of a period of 2 years from the date of this agreement, and may be exercised by a letter, telegram or
other similar communication delivered to the Owner, left at the Owner's last known place of residence or mailed in a
stamped envelope addressed to the Owner at his last known place of residence. The exercise shall he effective when
delivered, left or mailed in the manner aforesaid.
4. In the event that this option is nut exercised in the manner aforesaid, this agreement and everything herein con-
tained shall be null and void and no longer binding upon any of the parties hereto, and the Crown shall not be liable or
responsible for anv payments, expenses or damages and the Owner shall be entitled to retain the said sum paid as con-
sideration for the granting of this option.
5. In the event of and upon the exercise of this option by the Crown, its agents or solicitors in the manner aforesaid
this option and the exercise thereof shall then become a binding contract of sale and purchase between the parties here-
to and the same shall be completed upon the terms herein provided for. Provided that the title is good and free from all
encumbrances except such as, at the option of the Crown, the Crown may in writing expressly accept.
6. The purchase price of the said rights and easements shall be $2.00 - - - - - - - - - - - - - ' ded -' -' "
for the said rights and easements. The sum of 51.00 - - - - - - - - - - - - - already paid
to the Owner as consideration for the granting of this option shall be credited to the Crown and allowed as part of the
purchase price and the balance of the purchase price shall be payable by cheque on the completion of the sale.
7. The Crown, its agents or solicitors may make requisitions on title at any time or times until the completion of the
sale and the Owner shall take such steps as may be necessary to satisfy such requisition or requisitions prior thereto. If
the Owner shall be unable to satisfy such requisition or requisitions the contract arising out of the acceptance of this
option shall, at the option of the Crown and notwithstanding any intermediate acts or negotiations in respect of such
requisition or requisitions, be null and void and all moneys paid to the Owner pursuant to the said contract (including
the sum paid for the granting of this option) shall be returned by the Owner without interest and the Crown shall not
be liable or responsible for any payments, expenses or damages.
tt. ['riot to the completion of the sale the Crown may serve on the Owner, in the manner hereinbefore set forth for
the exercise of this option, such description of the strip as may be determined by survey referred to in paragraph 2(i)
hereof together with a description of the rightsand easements as the Crown in its sole discretion may deem expedient to
be prepared by and at the expense of the Crown, and thereupon the Crown and the servants, agents, contractors, and
workmen of, and other persons duly authorized by the Crown, or any of them, may enter upon and may use and enjoy
the said rights and easements for the purposes of the Crown.
9. The Contract of sale arising from the exercise of this option shall be completed on a date to be determined by the
Crown, and to be notified to the Owner in the manner hereinbefore set forth for the exercise of this option. On the said
date the Owner will execute and deliver to the Crown a grant of the said rights and easements. The grant of the said
rights and easements is to he prepared at the expense of the Crown and is to be on the Crown's form 13-131. The
Crown will supply to the Owner, at the expense of the Crown, a copy of the survey made of the final location of the
strip as referred to in paragraph 2(i) hereof.
10. In the event that the Crown should, after the date of the execution of this agreement and prior to the exercise by
it of the option granted herein, obtain the above mentioned rights and easements over and with respect to the said
property by expropriation rather than by the exercise of the option granted herein,the Owner hereby agrees to execute
the Crown's usual form entitled, "General Release of All Demands" in consideration of the same sum as the purchase
price of the said rights and easements contained in paragraph 6 hereof.
II. The Owner covenants and agrees with the Crown to do nothing to encumber the said land after the execution of
this agreement and while the same is in effect without the written consent of the Crown.
13. This agreement shall enure to the benefit of and be binding upon the parties hereto, their respective heirs, execu-
tors, administralurs, successors and assigns.
3 n WiUnegg dpi hereof the said parties hereto have hereunto set their hands and seals.
THE CORPORATION OF THE TOWN OF PICKERING
........ ..................... ....... ....._....... .._................. ................. . SEAL
(per) Grantor
*igntb t?ea[eD anD 3®e[ibereD
........................................ ......................... ........ .,..........'_. Sf.AL
)it the Presence Of. (per) Wafers Sig+r0Nrre
................................._........................._............................. SEAL
For the Minister of the Environment
For and on Behalf of Her Majesty The
Queen in Right of Ontario
...........................................................................................
Mot 13 133 per ( )
li :vise it
Mnm h/]2
I,
of the
in the
AFFIDAVIT OF SUBSCRIBING WITNESS
make oath and say:
•srr rnnlnnte I am a subscribing witness to the attached instrument and I was present and saw it executed at
by
'Sre oullnule I verily believe that each person whose signature 1 witnessed is the party of the same name referred to in
the instrument.
SWORN before me at the
in the
this day of
19
A COMMISSIONER FOR TAKING AFFIDAVITS, ETC.
'Where a party is unable trr read the instrument or where apart v signs h)' making his mark or in foreign characters add "after instrument
had Mn eearl to him and he appeared full v to understand it". Where executed under a power of anorne}' insert "(name of atmrne)) as
attorney for (name of party/ and for next clause substitute '7 verily believe that the person whose signature I witnessed was
auth,,acd to exreute the instrument as attorney for (name)
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