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HomeMy WebLinkAboutBy-law 872/78THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 872/78 Being a By-law to authorize the execution of a Grant of Easement between Jack Jacobsen Construction Limited and the Corporation of the Town of Pickering respecting Part of Lot 1, Bostwick's Plan (Parts 1 and 2, Plan 40R-4307). WHEREAS, pursuant to the provisions of Item 1, Schedule "B", of a Subdivision Agreement dated October 3, 1977 and registered in the Registry Office for the Registry Division of Durham on May 1, 1978, between Jack Jacobsen Construction Limited and the Corporation of the Town of Pickering, Jack Jacobsen Construction Limited is required to grant to the Town such easements as are deemed necessary for the provision of storm sewer services for the said Subdivision; AND WHEREAS it is deemed necessary that Jack Jacobsen Con- struction Limited grant to the Town an easement for such purposes across part of Lot 1, Bostwick's Plan (Parts 1 and 2, Plan 40R-4307); AND WHEREAS it is agreed that such easement may be con- current with a similar easement for sanitary sewer purposes granted in favour of the Regional Municipality of Durham; 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 Grant of Easement, in the form attached hereto as Schedule "A", between Jack Jacobsen Construction Limited and the Corporation of the Town of Pickering res- pecting a storm sewer easement across part of Lot 1, Bostwick's Plan (Parts 1 and 2, Plan 40R-4307) pertaining to Plan of Subdivision M-1141. BY-LAW read a first, second and third time and finally passed this 8th day of August , 1978. TOWN OF PICKERING APPROVED AS TO FORD 1 LEGAL '[SEPT. I ?? Clerk SCHEDULE "A" TO BY-LAW NUMBER 872/78 LAND TITLES ACT JACK JACOBSEN CONSTRUCTION LIMITED, A Company duly incorporated under the laws of the Province of Ontario, the registered owner of the land registered in the Office of Land Titles at Whitby as Parcel in the register for the 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 does TRANSFER to THE CORPORATION OF THE TOWN OF PICKERING the free uninterrupted and unobstructed right and easement to construct, operate and maintain such storm sewer or sewers together with any and all appurtenances thereto as may be required from time to time in, under and across land hereinafter particularly described namely: ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Pickering, (formerly Township of Pickering) in the Regional Municipality of Durham, and being composed of Parts of Lot 1, G and A, Bostwick's Subdivision Plan, and more particularly described as Parts 1 and 2, on a Plan of Reference registered at the Office of Land Titles at Whitby as Number 40R-4307. TOGETHER with the right of the transfw •c, its successors and assigns and its and their servants, agents and workmen with all necessary equipment, machinery and vehicles to enter upon said lands at all times and to pass and repass thereon for the purposes of constructing, reconstructing, examining, repairing, renewing or replacing (including replacement with storm sewer or sewers of larger size or capacity) and maintaining the said sewer or sewers or any part thereof whether or not any part to be so constructed, repaired, renewed, replaced or maintained is situate on the land above described. TO HAVE AND TO HOLD the said easement in, under and across the lands described herein unto the transferee, its successors and assigns for its and their sole and only use forever. AND the transferor covenants that it will not erect any building or structure, place or remove any fill on any part of the lands herein. AND the transferor hereby releases the transferee from any and every claim which may or might arise out of the exercise by the transferee of any of the rights granted by this indenture or which may arise out of the existence or operation of the said storm sewer or sewers and accept the consideration above mentioned in full satisfaction of all such claims, provided the transferee fills in all excavations and as far as is practicable, restores the surface to the condition existing prior to any entry thereon to exercise the rights thereby granted. AND the transferor covenants that it will execute such further assurances of the said rights as may be required by the transferee. IT is agreed between the parties that this easement hereby granted is concurrent with a sanitary sewer easement granted in favour of the Regional Municipality of Durham, and the rights hereby granted and the rights granted to the Regional Municipality of Durham, for its purposes are concurrent and of equal effect and status regardless of the order in which the documents creating those rights are registered. - 3 - IT is understood and agreed by and between the parties hereto that the burden of this indenture and of all the covenants herein contained shall run with the lands hereinbefore described and the benefit of this indenture and of all the covenants herein contained shall run with all other lands and interests in land owned, occupied or used by the Transferee, its successors and assigns, for the purpose of operating and maintaining the said sewer or sewers and that this indenture shall be binding upon and enure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals. SIGNED, SEALED AND DELIVERED in the presence of JACK JACOBSEN CONSTRUCTION LIMITED THE CORPORATION OF THE TOWN OF PICKERING c, No 615 IN THE MATTER OF SUBSECTION 3 OF SECTION 5 OF THE LAND SPECULATION TAX ACT, 1974 AFFIDAVIT Gordon H. Hall (print name) of the Town of Markham, in the Regional Municipality of York (print address) MAKE OATH AND SAY THAT: 1. I verily believe that the disposition of designated land evidenced in the attached instrument or writing is exempt from the tax imposed by subsection 1 of section 2 of the above Act by virtue of the disposition being: describe nature A disposition of designated lands to a municipality of disposition as provided for by section 4 clause i , subclause , of the above Act. 2. ?4?k1i3tF??fa?1s§fiTi1{t13tY?CiXAf?rt?tKt?Gi4?§?pF$23K delete thisi c?4xace arxiitCtlannCntexestctw2ki?19ss1gYX???aii4?Fic?tt}r§ De?ei?e19 425 paragraph if Xxl4arbgr24ptxkiaevx?fitatu9z4k2t 4?Me4VGgtg{1f95 c3 AfkS?tfiA ffar#FeY?Ya25te1? inapplicable xasfxpaffiLtcrcMxxXffiecuDSdTiACgtXD§ItsfPicYrKSvMMYSrS9cXt§QD??f xfesi g»eascidatxhtxas xus¢tscoe??rxCOx 1(dct'F7? %iti's{3g4ft+i?rKf4>'R74? trr13 ?k,'F?f2? 3. 1 am authorized in writing by the transferor making the disposition referred to in paragraph 1 hereof to make this affidavit. Since the acquisition of the interest of the transferor in the designated land delete this that is referred to in paragraph 1 hereof and that is being disposed of to the paragraph if transferee named in the attached instrument or writing, no disposition with inapplicable respect to such designated land has occurred prior to the disposition to the said transferee. Sworn before me at the Town of Markham in the Regional Municipality of York this day of 4 19 78-1 t I ? f A Commissioner, etc, Gordon H. Hall MCHOLAS EDWARD GEHL_ a Ccen N,tpr? etc., Pmvince of Ontado, 1w Cattenack a Hmdson, Surlon A Hall, Berrisier% Expires dune 27, 1 BBQ Anended, Jnn. 1975 TIjennb 'Transfer Zttx Act, 1974 AFFIDAVIT OF VALUE OF THE CONSIDERATION Identify the ".fide. u, the aw?eyance IN THE MAT'T'ER OF THE CONVEYANCE made by; Jack Jacobsen Construction Limited a 443 ^'6' ?^ca c cn o ]ae 7 , n n to: The Corporation of the Town of Pickering on the... day of vu _ 19 78. 1,_ Gordon H. Hall of the Town of Markham inthe Regional Municipality of York ulttke na111 anD sag T1jai : Thla a ffida, it may 1. lam the Solicitor for the Transferor ............ +e mode h> the onrrnnser or vend., named in the within (or annexed) conveyance. ,r h)' anyone sting for them „^. erur 2. I have a personal knowledge of the facts stated in this affidavit. attorney or by an .cent....... lied in writing by the 3. (1) The total consideration for this transaction has been allocated as follows: frv rcher.u odor .1 b) the en, or of $ 2.00 either.,,h, em or by (a) Land, building, fixtures and goodwill r o neraon epprved ed by the Mtni,terorRavenue (b) Chattels -items of tangible personal property (see note) $ nil TOTAL CONSIDERATION $ 2.00 (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) $ nil (c) Securities transferred to the value of (Detail Below) $ nil (d) Balances of existing encumbrances with interest owing at date of transfer $ nil (e) Monies secured by mortgage under this transaction $ nil (f) Liens, legacies, annuities and maintenance charges to which transfer is subject ... $ nil (g) 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? n/a 5. If so, what is the relationship between Grantor and Grantee? n/a 6. Other remarks and explanations, if necessary Granted as. a, condition of a Subdivision Agreement, SWORN before me at the Town of Markham, in the Regional Municipality of York (signature) this IL'? day of } V 19 78. Gordon H. Hall I ` .I NICHOLAS ECYARD GEHL, n commissioner, etc., Piuvoce of Ontario, for Cattan?A /'JIf.Cxl `,' y?11 Hindson on, Sutton 8 Hail, Barristers -( F Tres June 27, 1 BB4 A Commissioner, etc. NOTE TO PARAGRAPH 3(1) (b) : Chattels: Retail sales tax is payable on the valuation of items shown in 3(1) (b) unless otherwise exempted under the provisions of The Retail Sales Tax Act, R.S.O. 1970, c.415, as amended. For the purpose of this affidavit insert above only the value of chattels, the total value of which in the opinion of the deponent exceeds $100.00. This does not exonerate a purchaser from the pa' ment of Retail Sales Tax on any tangible personal property as part of this transaction. When chattels are purchased as part of this transaction with a value of less than $100.00, the applicable tax should be paid by the purchaser to the Treasurer of Ontario and remitted to the Minister of Revenue. All blanks must be filled in. c? x x M r• r m f? w w w I O x W N N H x W o w ron Ii H £" x r? H H N 0 H':31 I . y N 0 m C) ink rt MN O ;t7 0 H x In bo s Oct N? Y-'J N r ? 0 t W x r h ] H (D =s CD N) H• o H, x z O 0 0tH p h7 0 0 0 w o rt H. cn N - 0 a x rt C o ttl [7 a H3 H H N O a 0 w 0 R J O r r H O 4 C) C) x C) C1 0 w U) t? z n O z LO H C C) H H O z r H N H t? 0 d H r7 d b h r- t? rt r J