HomeMy WebLinkAboutBy-law 875/78THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER. 875/78
Being a By-law to authorize the execution
of a Grant of Easement, Indemnification
Agreement and Development Agreement, res-
pecting certain lands in Lot 19, Range 3,
Broken Front Concession and the develop-
ment thereof by Torwest Properties Limited.
WHEREAS, by Agreement dated July 29, 1975 and registered
August 27, 1975 as Instrument Number D 13812, between Torwest
Properties Limited and the Corporation of the Town of Pickering,
the development of certain lands in Lot 19, Range 3, Broken
Front Concession,was made subject to the execution of a further
Agreement to provide for the full servicing of the development
in accordance with the requirements of the Town of Pickering;
AND WHEREAS the requirements of the Town of Pickering include
the granting of an easement over Parts 3, 4, 6, 7 and 9 on
Plan 40R-3325 and the assignment of an easement over Parts 9,
10 and 11 on Plan 40R-3123;
AND WHEREAS Parts 9, 10 and 11, Plan 40R-3123 are owned by
Ontario Hydro and the Corporation of the Town of Pickering
is required by Ontario Hydro to indemnify Torwest Properties
Limited, as a condition of the assignment of the easement and
to obtain an Indemnification Agreement from the Corporation
of the Town of Pickering;
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 Development Agreement in the form attached hereto
as Schedule "A" between Torwest Properties Limited,
the Corporation of the Town of Pickering and Harvey
Hubbell of Canada Limited respecting the development
of certain lands in Part Lot 19, Range 3, Broken
Front Concession, being Part 4 on Plan 40R-2384;
2. The Mayor and Clerk are hereby further authorized to
execute a Grant of Easement in the form attached here-
to as Schedule "B" between Torwest Properties Limited,
as grantor, the Corporati rn of the Town of Pickering,
as grantee, and Harvey Hubbell of Canada Limited, as
encumbrancer, respecting an easement for storm drain-
age purposes across that Part of Lot 19, Range 3,
Broken Front Concession, designated as Parts 3, 4, 6,
7 and 8 on Plan 40R-3325; and
3. The Mayor and Clerk are hereby further authorized to
execute an Indemnification Agreement in the form at-
tached hereto as Schedule "C" between the Corporation
of the Town of Pickering and Torwest Properties Limited
respecting those parts of Lot 19, Range 3, Broken Front
Concession designated as Parts 9, 10 and 11 on Plan
40R-3123.
BY-LAW read a first, second and third time and finally PASSED
this 8th day of August , 1978.
TOWpi OF
PICKERI+NG 7or ?./
APPROVED i
A TO FORM
? Clerk
4? /
SCHEDULE "A" TO BY-LAW NUMBER. _875/78
_EIS A.GREEMON: MADE (in triplicate) thm 8th ? August,
1978.
BETWEEN:
TOP':.'EST PROPERTIES LIMITED
(hereinafter called the Wwner")
OF TI4E FIRST PART,
- and -
THE CORPORATION OF THF, TORN OF PIC_;ERING
(hereinafter called the "Town")
OF T11Z SECOND PI`RTJ
- and -
HARVEY HUBBELL OF CANADA LIMITED
(hereinafter called the "Encumbrancer")
OF THE THIRD PART
WHEREAS the Owner and the Town entered into an Agreement
dated the 29th day of July, 1975, concerning the development
of certain lands referred to therein;
%ND !,^'HE EAS that agreement continues, and provides there-
in, in part, that whe agreement is subject to the execution of
a further agreement to provide for the full servicing of the
development in accordance with the reouirements of the Town
of Pickering and the Region of Durham;
AND WHEREAS the parties hereto have agreed to certain
terms, conditions and provisions to be included in a further
agreement;
A9:D Ii'EIZEAS the parties hereto intend this agreement to
be that further agreement;
NOW ThEREFORE THIS AGREE:,TNT 1%ITNESSETH that pursuant
to the provisions of the aforesaid agreement, and in consid-
eration of the sun, of TKO DOLLARS ($2.00) paid by the Town
to the Owner, the receipt of which is hereby ach7owledged,
and other good and valuable consideration, the parties here-
to agree as follows:
1. The lands affected by this agreement are as follows:
ALL AND SINGULAR that certain parcel or tract of land
and premises situate, lying and being in the Toyn of
Pickering in the Regional Municipality of Durham and
being composed of:
that part of Lot 19, Range 3, Broker: Front
Concession, Torn: of Pic}:eying, desaynated
as Fart S on a plan of reference filed -..
the Land Registry Office for the Rep stiv
Division of Durham (forrorly Ontario Cc nt-)
as No. 40P-33E9.
2. The agreement, a true copy of which is attached hereto
as Schedule "A", between the parties dated the 29th
day of July, 1975, concerning the development of cer-
tain lands referred to therein is still in force and
shall remain in force notwithstanding this agreement
or anything contained herein.
STORM. SEWER
3. The Owner shall construct a complete storm system includ-
ing storm connections to the street line and catch basin
leads to service all the lands referred to in paragraph
1 of Schedule "A" hereto (hereinafter referred to as the
"development"), according to the specifications of the
:'own in effect at the date hereof and to maintain them,
including clearing any blockages or debris from what-
ever cause until they are formally accepted by the Town.
Such sewers shall be constructed to an outlet or outlets
according to designs approved by the Director of Public
Works and shall be of sufficient size and depth and at
locations either within or outside the development to
service the development. If, in the opinion of the
Director of Public Works, an inadequate stream or
structure exists in the outlet system, outside the revel-
opment, the Owner may be regaired to carry out such
works as are necessary to provide adequate outlets.
The Town may connect or authorize connection into any
part of the system but such connection shall not con-
stitute acceptance of the sewer system by the Town.
ROADS - ROUGH GRADE
4. The owner shall rough grade to the Town's specifications
to the full width, all road allowances in the develop-
ment prior to the installation or construction of the
relevant municipal services provided for herein. The
Owner further agrees to keep the boulevards clear and
free of all materials and obstructions which might
interfere with the installation of electric, telephone,
gas or other utilities.
ROADS - PAVED
S. The Owner shall construct all the roads in the develop-
;cent according to the specifications for paved roads of
the Town in effect at the date hereof including such
boundary or approach roads as may be necessary to pro-
vide an adequate access. The specifications for boul-
evard grading, sidewalks and sodding shall apply to
ex=-sting roads adjacent to the development. The Owner
covenants and agrees that until assumption by the
Town, it shall maintain ani repair strocts both within
and outside the development where construction has
taken place or is used by traffic entering the develop-
:',lent and hee'p them clear of dust, refuse, ruttish, or
other litter of all types. The Owner will erect and
naintain adequate signs to warn all persons using such
roads that they have not been. Lssumed by the Town from
the time that they are opened until formal assumption
by he Town.
CURBS A:;D GUTTERS
6. The Owner shall construct curbs and gutters on all the
roads in the development, and all existing roads adja-
cent to the development excepting any adjacent P.eoicnal
Roads and king's highways, according to the specifica-
tions of the Town in effect at the date hereof and to
maintain thcra until they are formally accepted by the
To;n. If anv curb denressions are not located correctly
with respect to a drivc-way, the Owner shall construct
a curb depression in the correct location and fill in
the original curb depression according to the specifica-
tions.
UNDERGROUND ELECTRIC DISTRIBUTION
AND S'1P.ET'' LIG1I ING
7. Underground electric distribution services shall be
provided for all lots and blocks within the subdivi-
sion, according to the standards and specifications of
the appropriate Authority. The Owner shall rake such
financial arrangements as may be required to er_sare
the construction of those services. The Owner agrees
to pay all costs of installation of street lighting,
including poles and other necessary appurtenances for
the lighting of all streets and pedestrian walkways in
the development. The lighting shall be designed ar.6
installed in accordance with standards established by
the Town and in conforrnity with the Association of
Plunicipal Electrical Utilities Guide to Municipal
Standard Construction. The installation of all works
provided for in this section shall be constructed
under the supervision and inspection of the aforemen-
tioned Authority.
DRAINAGE - SODDING
8. The Owner shall provide the Town, prior to the commence-
went of the construction of the development, with a
Grading Control Ilan prcr_ared by tl:e O?mer's Ccnsulting
Engineer establishing the proposed grading of the lards
to provide for the proper drainage thereof and the
drainage of all adjacent lands which drain through the
development. The Grading Control Plan is to be pre-
pared in accordance with the Town's Lot Drainage Spec-
ifications in effect at the date of this agreement.
The grading of the lands shall be carried out in accord-
ance with such Grading Control Plan under the s pervi-
ior. of the O:mer's Consulting Engineer. If, the
opinion of the Director of PuL i_c 'rtorks, drainage
problems occur prior to formal acceptance of the dcvel-
opmcnt by the Town, the Owr.er shall correct them by
regrading or by the construction of catch basins, sr.ales
or other structures as i?ay be necessary.
STREET A_''D OTME-l' SIG',:S
9. (a) Ten:r,orarv Signs
The Owner shall provide and erect at his oi;n
cos- tC7J.'70r P.r\' Strcat signs at locations
design.,ted by the Director of Public F70-JZS
urCct signs denoting tae future use c'
land. %.,il.hin the ;,uhciviz,ion not scheduled
for i-i::mcdi Ite dov,-,1 nu_nt, such signs shall
be ',ccordina to th, cuc,ciiications of the
To%.'n.
(b) Permanent Si.
The Owner shall provide and erect his
own cost, per,,.anent signs at locations
cesignated by the Director of Public
Yorks to the specifications of the Town.
TFFES
10. The Owner shall plant on the boulevards in locations
approved in advance by the Director of Public ?%7cr'ws,
trees of a size and type acceptable to -he Town. A
schedule of the owner's tree nlanti_ng scheme shall
be approved by the Director of Public b:orks prior to
the installation of any trees.
INCIDENTAL ITEMS
11. The Owner shall ccmply with all reasonable recu,ests
of the Director of Public Works. T,]ithout lirr.iting
the generality of the foregoing, the Director may
request the Owner to provide further incidental
items or services, or both, at the Owner's expense
and the Owner shall forthwith conniv with such a
request.
INSPECTION OF hvORI
12. All works required to be constructed by the Owner
shall be installed under the observation of Inspec-
tors employee by the Town and the Ocn:er agrees to
pay the costs incurred (Salaries and Expense) there-
for within ten days of their being rencered.
TIME LI;:IT FOR h'ORI< AND GCIAP.ANTEE FOR
i'ORI<MANSFIIP i 1ND MATERIALS
13. Save as herein otherwise provided, the O':;ner agrees
to complete the work required under this agreement
and the agreement attached hereto as Schedule "A"
within the time limits specified in the Schedule
attached hereto as Schedule "3" and to guarantee
the workmanship and materials for a period of two
(2) years from the date that the said works are
approved in writing by the Director of Public Works.
PERFORK,INCE AND MAINTiDNANCE GUARANTEE
14. Before commencing any of the rcr}.: provided for here-
in, the Owner shall supply the Town with a 100
Performance and :4alntenance Guarantee in for:-. satis-
factory to the Town and in an amcun t ceterminec by
the To :'n of Pic;ccring, sufficient to guarantee the
satisfactory completion of the work and to g'uarcntec
the %.;orkmanship and materials for a period of t%-17c
(2) years -rcm the date that the works are ap:.-oved
in writing by the Director of Public G:orks. Such
PerforY:lance Zinci ":E:inten?jnce Guarantee ^av altu_:ia-
tivcly be in the form of _- bond, part bond c.nd cart
cast:, cash, or :,n in-evocatlt bani: letter o_` c_-cdiL
as Eay be i1Cl"uC'd Upon. ThC.O':Jner ._ay fro:" t1T'.e to
time apply for a reduction in the bone:, cash or
- 5 -
letter of crociit as 't c case nay be, by application
made in writing to the Town na nacer. Such reOnc-
tion r.ay be granted by the Council of the Town of
Pickering upon written verification by the Director
of Public Works that the services for which reduc-
tion is being sought have been satisfactorily com-
pleted.
LIABILITY INSURANCE
15. Dcfore commencing any of the work provided for here-
in or in the agreement attached hereto as Schedule
"A", the Owner shall supply the Town Vanacer with a
Liability Insurance Policy in form satisfactory to
the Toyn indemnifying the Town from any loss arising
from claims for camases, injury or otherwise in con-
nection with the work done on the development by or
on behalf of the Owner, or the Town, or moth. In
the event any renewal premium is not paid, the Town,
in order to prevent the lapse of such Liability
Insurance Policy, may pay the renewal premium or
premiums and the Owner agrees to pay the cost of
such renewal or renewals within ten (10) davs of
the account therefor being rendered by the Town.
It shall be the responsibility of the Owner to
notify the Town of the dates for the renewal of
the premium of the said policy and to supply proof
that the premium has been paid in order that the
guarantee provided by the Liability Insurance Policy
shall not lapse.
ENCUMPRANCER
16. The Encumbrancer in consideration of the payment
of one ($1.00) Dollar (the receipt of which is
hereby acknowledged) hereby postpones any rights
or interest in the lands to this Agreement with
the intent that this Agreement shall take effect
as though executed and registered prior to the
creation of such right or interest of such party
prior to the execution and registration of any
mortgage, agreement or other document creating
or defining such rights or interests.
NOTICE
17. Any notice required to be given hereunder may be
given by registered mail addressed to the other
party at its principal place of business and shall
be effective as of the date of the deposit thereof
in the Post Office.
INTERPRT IbTICN
18. Wherever in this agreement the word "Owner" and the
pronoun "it" is used, it shall be read and construed
as "Owner or Owners" and "his" "her" or thdir'
respectively, as the number and gender may require
and the number of the verb agreeing therewith shall
be construed accordingly.
01:AlE12AT
19. The provisions in Schedules " "B" and "C" attached
hereto shall form part of this ac;reemont.
20. Time s11,11 1 b? of the .c:;c 1:c0 of this ,rear.cnt.
- 6 -
21. This agreement and everything herein contained shall
enure to the benefit of and be binding upon the
parties hereto, their successors and assigns.
IN WITNESS tCHEREOF the said parties have hereunto
affixed their Corporate Seals attested to by the hands of
their proper officers in that behalf fully authorized.
TORWEST PROPERTIES LIMITED
Per C _
CAS
Per ?f
THE CORPORATION OF THE TO[NTN
OF PICKERING
Per
Mayor
Per Z
Clerk
f
HARVEY HUBBELL OF CANADA LIMITED
Per
C/S
n .I
Per ?l
??? <
This is Schedule "A" to T0 7V-,-1,- LI; -T;
? ?J
an Agreement between Torwest
Properties Limited and The horeina`;,.,r callat "02 owner''
Corporation of the Town of
Pickering dated OF 'iHE FIRST P.-',.,KT ain._f [:-r cal ic--d
NOW THIS AGREEMENT 4ITNESSE74 that in consideration of the sum of
_W3 =)C_T2, 3S ($2 .00) of law u2 mone y O Canada D.-_].d by he Town Lo
the oNner , the receiut whereof is hereby aC:<ilOU i_d eG, arid other
good and valuab le consideracion:-
L. The Owner hereby agreES than the lands aifecTLd 'ice! C.'`. '_s
agravemcnt are as foliows:
ALL AND SINGULAR that certain parcel or zracr of
land and orem see si`unze 1'y end
in the
Town of Pickering, in -:ne Regional Nunicinality
of Durham and being conposed of:
__ a of Loa 15, Pange Brown Front Co1cessi_._
of Vhn Town of : ickerin„ des: -cze•e as Part A5
;
. :Jl a:. of :'._.=_rPriC_ r l.i1l_l: in the Lam...": .._(?f.atry
Office for the Ri"g-_ L'^'y' Division of GRi--a_=^1G GO'.i::'-
(:;o. L0) es No. X03-2: 6u4
2, The owner furkhar agrees that no U1;1_id?._ „' will he ar_czed
on _. ._ lands hare.i_nhaEore deserib:d until_ Me clans have
b h n _own. Enid site _fans ;hall d_.p=_ y he 1011010T:
_.._ _...??.c-.
(a) Location or proposed buildi ngs
(J) Size of proposed b,?-lc
(c) Location of entrances and e xirs to abutting reads
(d) Area and location of lams to be used for ar:inS
_ o
( c
) ;._ovntions of nhe ro-.,os•_n bu1 '-id - .. -.d ?;
?,;.;;'; _
and `;yes and C01OC. of c:.0 0 -1-101- ma Lerials
(f) use OF lands not covered of to .. ._ covered 'cy b',:ildi-gs
(„) The ad , v of Cho ._al ty :n d _ _ c -,
?i
D lwww!_:
N wi ALt a t 0% t he gcny 11 _,., of M
... c;1"tcc tunaI and 1 I. tnc'i irg C nrcas e c„
0 1c'Nc.
Levol 1
Tile ?Oi l0'A1^Cj standC jLi1G ?.u'.11 apply to 'us:_C Ci:GU ?"C tC; 2_oc,:
road being Bui1dingn A r:nc
3t ld_na tr_•r.ia.Is
_,_17mi tted ,-.ator iels "1;a11 iri,,
- .rccac;t CcncreL?
- Glc?-
refinishod Metal siCdi,nq with lail:Knuin CoLzAnCg Cqual to
stelco A GOD shall he used for trim and decoration on!-/
and shall not consist of more than 30"6 of any wall
Porcelain enamel, al=inun, steel or other r.etal -r.els
":1th an architectural finish shall be used for ?r l_...
and decoration only and shall not consist or :P.ore tha::
303 of any wa11
Prcnlblted materials shall include:-
- Decorative architectural unit masonary and nlai-' cencr?cu
L;lock - except for one expansion .:all
- used or rcclai:ed materials
- Structural tile
- Stucco
- Plain concratc* and/cr wocd?*
* t-)aterials such as plain or re-finishod concrete may
be used subject to the approval Of the 70i a of is}:erinc,
ven sunect to tcatmunt in an arc`.-it2c'ct.r===-
__i_=. 'Lrle?.t to include ribbed forms, jack h-,ra;?arin? and saM
blasting.
t',ood may he used as a decorative material for
fc?scias,? soffits, doors, frar,es and trim, sUJ J=CL
to the approval A the ` o,.,Jn of Itny cth e_ material may be suggentnd hut ro zo the
Town of r1C1?P-rung ap prov"l. -
L? ndscapiD
To complement the building materials used, landscaping shall
be orovlaed in such a manner as to enhance the visib'=-e
ZI-o:;ta jE's of uses along Brock Road. T,a T: C:sc:p1P.C! plans
1!l'`sC_ating olant._n4 and related lanasca e ia_'r7G_o ot.:er
than lC.. ,,^.s cl-al.1 be to the To::n oz P1C)?^_?=r!y
fGr -?rpvfll before G Lip]=CatlOl for .i1:11(G1aCJ FJe_a:i :-S. To.
f'i::;_.-um stanli.._i of $1,500.00 Leer acre shell lie :S C;UI_eC
for such L:nCSCa D.1.^.g.
7
The following standards Nhal _ ,nIv to
internal street and exposed to prock pond hej,,,
3, E and
ldinct .Iat2ritlls
P er:li t t C d m,a ter i;.ls _;he.1.l inc luau : -
_ iC.
'?Cecasl Concrete
Preflnishad metal siding with Minimum coating equal to
oleo 5000
Decorative arch.C'ci-ur :- unl_ II.,..,GI1.'.rV
orcel-ain enamel, aluminum, _.LOV or Gther metal
panels with an Lrchl.tcctural fin's:
Prohibited -P.aterials shall include:-
Plain concrete block - oxceps for one }:pansloa %;al'l not
facing a street
- Used or reclaimed materials
- Structural &M.
- Stucco - except when useci fo trim
- i-lain concrete I and/or woc.d"
..aterials such as plain or re:inforcec concrete may he
used subject to the approval of the of i'iO?:`r:_ng
ha-'n subject to treatment in an architectural ITIa:'ner,
such treatment to include ,-hied forms, jack ..mcring
and sand blasting.
at -in-'d may lie used as decorative 1^, .7 {: E:r_i'.? for
soffits, soffits, r«rit?, doors, frames and trim, subject cc) tho approval
of the To'-a! of Pichering.
Y,T.y other material may he suggested buc use is subject to
'=ob:n of Pickering approval.
LLPIscanin
Landscaping shall he undertaken so as tO el i:C=_.'elb screen
cixd storage areas, exposed to the cC;,z_c.lle?i f_ ..--res
i:se of berms and vccetatln:_. 10:1dIzaping ;laps
ill.:strating planting and rel,.ced landscape ca,erials ether
than lawns, snail be submi.tte' to the `-own of Pickering for
approval, heiore a_pllcazion ter building -_..,_ts. _e
minimum standard of `,1,500.00 per acre. Shall lie applied
for such landscaping.
' _G,o coo _ia ._ on
4. ill'? {!?'... .r.. 2 -rev _, i ,..ha t no tOta1 .. az : be?' a
Th'_ C;'..,.._„ , us two pay to i4c 'ow cash !_ o° 5,
d_•r']c-.w-on _ s_ani to T;,_. 1']wAnis4; Aco.
. i.. i'?'., i:lri• ..=:1 ..,,.,111. i.'_ fully _,::_ ..,._,_ci to Ae
=.._S JL':..-Prt to the "c uziG:. Of a further -_Scz._..u u'c
_rov.'c_ for thn full servicing of ..ho d'_vel_ .._n'_ in acccrZance with %
..
?_.._ _remo to?of the Town of Picker_ a..._ no _. '-_ ion C_ Cur_ am. '?•?
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? 1 Ci_ 1'?'? 'o
/r r or the c.az_ of ..;-piovil of tiro .,?.id afire pl?li,.?, C,...,. s---
pl--;: will a.-I'l
? vela si'l e pi n st _ s,.
in:0_-,a?ioil ontli.r.e
disp'_? the il? ,l?,ra„r<,Dhs 2 ,_,nd 3 end a-_;:_rcv=-
1- t} e 70s)^ -,r icr LO any bllil(lings Lci;: co struc't'-d .
=uL'Cll'_Z' 1r:•?:, 7."t _;il.!11 11.,_ -.n'?
cc: c,. only c,?-crr,i.',atin? ,1rc'l t,?rr for ?ielcp-e..-
of the =.undc Geri, ina_? ore descr.itie?' .
7p 2 Ole AI..-
CY,
J.Q. lilc -i ir'=r r= r-e c: Lflc? an "d0['IK .cG C?r Ec TO :i2 c: a
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G'n 10?!-1 2'ocG dl], O'A3P.C e.3 shall ve aCCO-_^C9113:?3, --o t}?_ :2C 1CcC =:_'o
o the "C,wn.
ca.",nl„
c,ui_ en s o= y- ao r 2 i 1.
I?. 7711„ dn6 0ve yi}1cop, -,a inl'C
to the h A2 2'_ O a- be bL dJ.^f' U:i 0;1 he D t .:e_ 0 c^c? l
.
hc_1rs, GuCCC'6 oC"-, _-:':ocu tor3, adii-10_Z, ?..;. 11-:'s
1,7 n
Cq=Dvc' Pc -& their Gi .1C _r:, uTi'.O1'_zc?v _-. C.-?.? -_..-,c l_.
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SCIJEL_ 'B'
This is Schedule "B" to an a ;recrr.ent between Torwc -_'_- Properties
Limited and the Corporation of the Town of Pickering dated
this day of
Tl'":iE T T, T. rTS
The time limits for the completion of the works herein shall
be:
(a) Underground services -
(b) ALove-ground services -
one year from the date hereof;
two years from. the date hereof.
/`j
Scl[P.D E "C"
1. The O,.::ner shall arrange :,t no cost to the Town for
granting to the Town such easements as the Director
of Public Works or his designate shall deem neces-
sary for the provision: of storm sewer services both
within the boundaries of the development and across
lands adjacent to the development but outside its
boundaries. Such easements shall be subject to the
approval of the Director of Public Works or his
designate as to their location and width. The con-
struction of any services in such easement or ease-
ments shall not conmo nce until the easement has been
acquired, unless permission to do so has been obtained
by the Owner, in writing, from the Town and from the
registered owner of the lands across which the ease-
ment shall lie.
2. The amount of Liability Insurance Policy required in
Section 15 of this agreement shall be $500,000.00.
3. The amount of Performance and maintenance Guarantee
required in Section 14 of this agreement shall be
$85,000.00.
4. The Owner agrees to convey to the Town free and clear
of all encumbrances a 76 Toot road allowance running
westerly from the easterly boundary of the lands and
located to the satisfaction of the Town's Director
of Public Works. Such conveyance to be at no cost
whatsoever to the Town and to be made within thirty
(30) days after the approval, not assumption, of the
installation of municipal services referred to in
Sections 3, 4, 5, 6, 1, 9 and 10 of this agreement.
5. The Town agrees to assume the road allowance referred
to in Section 4 above upon the expiry of the guarantee
period referred to in Section 13 of this agreement
provided that no deficiencies contemplated in the
guarantee provisions of the agreement exist.
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SCHEDULE "B" TO BY-LAW NUMBER
THIS INDENTURE .LADE IN QUADRlii'LICATE THE 8th DAY
OF Eugust 1978
BETWEEN:
TORWEST PROPERTIES LIMITED
(hereinafter called the "Grantor")
OF THE FIRST PART
li - and -
1
THE CORPORATION OF THE TOWN
i? OF PICKERING
II ?,
(hereinafter called the "Grantee")
II OF THE SECOND PART
- and -
HARVEY HUBBELL OF CANADA LIMITED
(hereinafter called the "Encumbrancer")
I
OF THE THIRD PART.
i
ii
n
i
WHEREAS the Grantor is seized in fee simple of
that certain parcel or tract of land situate, lying and
i
being in the Town of Pickering, in the Regional Munici-
i
pality of Durham (formerly in the Township of Pickering
i
.I
;I and Province of Ontario) and being composed ofpart Lot 19,
it
Range 3, Broken Front Concession, in the Town of Pickering,
it -
li in the Regional Municipality of Durham and designated as
l Parts 3, 4, 6, 7 and 8 on a Plan of Reference filed in the
Registry Office for the Registry Division of Durham at
Whitby as number 40R-3325.
AND WHEREAS the Grantee desires to obtain from
the Grantor an easement over the hereinafter described
portion of the lands of the Grantor;
1. WITNESSETH that in consideration of other good
and valuable consideration and the sum of Two ($2.00) Dollars
- 2 -
of lawful money of Canada now paid by the said Grantee to the
said Grantor (the receipt whereof is hereby by it acknow-
ledged), the Grantor doth grant unto the Grantee the 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 lands being in the Town of Pickering, in the Regional
Municipality of Durham and being composed of part of Lot 19,
Range 3, Broken Front Concession, designated as parts 3, 4, 6
7 and S on a Plan of Reference filed in the Registry Office
for the Registry Division of Durham at Whitby as number
40R-3325.
2. TOGETHER with the right of the Grantee, its
successors and assigns and its and their servants, agents,
and workmen, at all times and from time to time to pass
and repass with all materials and equipment as may be
necessary for all purposes necessary or incidental to the
exercise and for the enjoyment of the rights and easements
herein set forth.
3. THE Grantee covenants that upon completion of the
construction of the aforesaid sewer or sewers and of any
exercise of the aforementioned rights herein set forth, to
fill in all excavations and to return the surface of the lands
subject to the rights and easements to the same condition
as that in which it was found prior to the commencement of
the work and to remove all equipment therefrom.
4. THE Grantee, for its self, its successors and
assigns, covenants to indemnify and save harmless the
Grantor from all damages, costs and liabilities resulting
from the exercise by the Grantee, its successors and assigns
or its or their servants or agents, of the rights hereunder.
- 3 -
5. THE Grantor and Grantee agree that this easement
hereby granted with respect to parts 3 and 4 on Plan 40R-3325
is concurrent with an easement granted in favour of the
Regional Municipality of Durham and the rights hereby
granted and the rights granted to the Regional Munici-
pality 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.
I!
6. THE Encumbrancer does hereby join to postpone
any rights or interests which they have in the lands
:I
described herein with the intent that this easement shall
!I, take effect as if executed and registered prior to the
creation of such rights or interests of the Encumbrancer
and prior to the execution and registration of any
mortgage, agreement or other document creating or
defining such rights or interests of the Encumbrancer.
7. IT is understood and agreed by and between the
parties hereto that the burden of this Indenture and of
all covenants herein contained shall run with the lands
hereinbefore described and the benefit of this Indenture
and of all covenants herein contained shall run with all
other lands and interests in land owned, occupied or used
by the Grantee, its successors and assigns, for the pur-
pose of operating and maintaining the said storm sewer
i
or sewers and that this Indenture shall be binding upon
and enure to the benefit of the parties hereto, their
respective successors and assigns.
-4-
IN WITNESS WHEREO; the parties hereto have ]x re-
unto affixed their respective corporate seals, duly
attested by the hands of their respective proper officers,
duly authorized in that behalf.
TORWEST PROPERTIES LIMITED
Per
C/S
J _
Per
HARVEY HUBBEL/1OF CANADA LIMITED
r
Per
C/S
Per l?
THE CORPORATION OF THE TOIdA'
OF PICKERING
Per
C/S
c
Per ??
Porn 1012 It,,- dI
N .,..n me and GII1.-mt l.umvd. Toronto
IN THE 111ATTEH ()h' SUP,Sl?;CT1ON 3 OF SECTION 5 OF
THE LAND SPECULATION TAX ACT, 1974
Afftlavtt
describe
nature of
disposition
delete this
Dare Fra Dh if
inapplicable
delete this
p......Ph if
inapplicable
1 EDWIN E. CHORNEY
(print n.,me)
Court West, Toronto, Ontario
(Print add ressl - -
?IAKE OATH AND SAY THAT:
of Suite 4150, Commerce
1. 1 verily believe that the disposition of designated land evidenced in the attached instru-
ment or writing is exempt from the tas imposed by subsection I of section 2 of the
above Act by virtue of the disposition being:
a conveyance to a municipality
as provided for by section 4 , clause ( j ) ,- rrie}tense of the above Act.
Secretary-Treasurer of the
2. I am the transferor making the disposition referred to in paragraph I hereof.
Since the acquisition of my interest in the designated land that is referred to in para-
graph I 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.
?ri ?r-mY;TOri-ed-i n-1;-ritmg--b c--the-trZttafi-ror-rr,:r}, inx-tlnr-cl i s S?si ti o n -ref erred-t9-}fn
paragraph 1 hereof to make this affidavit.
Since the acquisition of the interest of the transferor-iii the designated land that is
referred to in paragraph 1 herenf-zcnrYt abeing disposed of to the transferee named
in the at?ta rrtriment or writing, no disposition with respect to such designated
].r-rif`c -Irrs-oeemYred-vriror-to-t}ar-??ispc>.-; t-ior>?,-{-he -+atd--tr+n4fel?e:
Sworn before meat the City
of Toronto
in the Municipality
of Metropolitan Toronto
this 20th
day of February, 1978
A Conmissioncr, otc.
i_ L - t_ t
EDWIN E. CHORNEY
I w"I:6J N',.,
?`S?it ',6l31L, l1? C ?l j .>N ?CI?S >? ? 111 Eck
AFFII).1VIT OF VALUE A" THE CONSIDERATION
IN THE ?,TATTER OF TIIF CONVEYANCE made
by ,c Torwest Properties Limited
- --- --- - ---
r,,. r,. to. The Corporation of the Town of Pickering
on the day of 19
C. M. Timothy Sheffield
of the - - - -
in the
MAKE OATH AND SAY THAT:
I am the solicitor for the Grantee
^?r named in the within (or annexed) conveyance.
roc rr.-ra.Cf(1 ?.
u?l.r
ar
I have a personal knowledge of the facts stated in this aflidax'it.
,.e bi the
porrlnuer ir.
.lar Ii 11,ho
r.;.n°1 3. (1) The total consideration for this transaction has been allocated as follows:
1r,otn, (a) Land, buildings, fixtures and goodwill ._ _ _-' -- - --'---- 2.00
,
(b) Chattels - items of tangible personal property - (see note) nip
TOTAL CONSIDERATION 2. 00 - -----
(2) The true can>ideration for the transfer or conveyance for
Lan d Transfer Tax purposes is as follows:
i
(a) Monies paid in cash - - ... - - - - _- - _ _-__ --- -_$ 2. 00 --
(b) Property 'transferred in exchange (Detail below) _nil- .-
(c) Securities transferred to the value of (Detail below) it
(d) Balances of existing encumbrances with
interest owing at date of transfer _- nil
(r) Monies secured by mortgage under this transaction - _ _ - S _nil `
--- -
(f) Liens, legacies, annuities and maintenance
c, narges to which transfer is subject nil -
(p) Other (Detail below) nil
TOTAL CONSIDERATION (should agree with 3(1) (a) above) $ _ 00
_
1-
-1. If consideration is nominal, is the transfer for natural love and affection? n/ a
- -
o. If so, what is the relationship between Grantor mid, Grantee? n/a_
6. Other remarks and explanations, if necessary A conveyance to a municipality.
SCORN before me at the Mmll
of u
in the
this c;Ly of v 741
e - -
.?., r., 111111 , o„ 1 ._.,. rl n, r.u.vn?. uc
V
C. M. Ti-1. + Sheffield
N-11 'Ill .'.-V.T,;2.AI'll llllfl.r fl I:.I .I b .. ,, .
.,, I'qL l' If r. r..?.d l'., lli. L,?i .! ?i .!Jl ?ie.l ,. .n _., b. .=f - J f, L.. ,;.
'j N,I.,.le ',
rn..i., I"'...' .. 1?... A[.-
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SCHEDULE "C" TO BY-LAW NUMBER
THIS INDENTURE MADE IN DUPLICATE THIS DAY OF
MARCH, 1978
B E T W E E N:
THE CORPORATION OF THE TOWN OF PICKERING
(hereinafter called the "Town")
OF THE FIRST PART
- and -
TORWEST PROPERTIES LIMITED, a corporation
incorporated pursuant to the laws of the
Province of Ontario
(hereinafter called "Torwest")
OF THE SECOND PART
WHEREAS pursuant to an Indenture made in duplicate
the 13th day of February, 1978, Torwest did assign all of its
rights, title and interest in a Grant of Easement it received
from Ontario Hydro (hereinafter called the "Ontario Hydro Ease-
ment");
AND WHEREAS the terms of the Ontario Hydro Easement
are contained in an Indenture made in triplicate the 19th day
of October, 1976 and registered the 26th day of October, 1977
in the Land Registry Office for the Registry Division of Durham
as instrument no. D57760;
AND WHEREAS the lands affected by the Ontario Hydro
Easement are those certain parcels or tracts of lands and pre-
mises situation, lying and being in the Town of Pickering, in
the Regional Municipality of Durham and being part of Lot 19,
Range 3, Broken Front Concession, designated as Parts 9, 10 and
11 on a reference plan deposited in the Land Registry Office
for the Registry Division of Durham as Reference Plan 40R-3123;
- 2 -
NOW THEREFORE THIS INDENTURE WITNESSETH that in con-
sideration of the Assignment of the Ontario Hydro Easement by
Torwest to the Town and in consideration of the sum of TWO ($2.00)
DOLLARS and in consideration of other good and valuable considera-
tion (the receipt whereof is hereby by the Town acknowledged), the
Town, for its self, its successors and assigns, covenants to indem-
nify and save harmless Torwest from all damages, costs and lia-
bilities resulting from the exercise by the Town, its successors
and assigns or its or their servants or agents, of the rights and
privileges contained in the Ontario Hydro Easement and assignment
thereof from Torwest to the Town.
IN WITNESS WHEREOF'the said Party of the First Part has
hereunto affixed its corporate seal attested to by the hands of
its proper officers in that behalf fully authorized.
THE CORPORATION OF THE TOWN
OF PICKERING
Per
/Mayor
C/S
Per ' ?! -? l
Clerk /
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