HomeMy WebLinkAboutBy-law 4600/95 THE CORPORATION OF THE TOWN OF PICKER1NG
BY-LAW NO. 4600/95
Being a by-law to authorize the execution of a Transfer of
Easement from Bramalea Inc. to The Corporation of the
Town of Pickering over those parts of Lot 8, Plan 410,
Pickering, designated as Parts I and 2, Plan 40R-16033.
WHEREAS The Corporation of the Town of Picketing requires a storm sewer easement over those parts
of Lot 8, Plan 410, designated as Parts 1 and 2, Plan 40R-16033 for the purpose of maintaining a rear lot
catch basin and related works;
WHEREAS, pursuant to the provisions section 191 of the Municipal Act, R.S.O. 1990, Chap. M.45, the
Council of the Town may pass by-laws for acquiring interests in lands;
NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS
FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute a Transfer of Easement, in the form
attached hereto as Schedule A, from Bramalea Inc. to The Corporation of the Town of Picketing,
over those parts of Lot 8, Plan 410, Picketing, designated as Parts 1 and 2, Plan 40R-16033.
BY-LAW read a first, second and third time and finally passed this 3rd day of April, 1995.
B~ce Taylor, Clerk
TOWN OF'
PICKF_.RtNG
APPROVED
AS TO FO~'vl
LEGAL D~?T.
SOIEDULE A
Onllrio Form I -- ~nd Registration Reform Act res2&3.e3s
(3) Prope~ Block Prope~
H) Consld~rn.o.
(5) Description Thisis a: Prope~ Prope~
Division ~ ~nsolidation ~
more p~rticularl~ described ns P~s 1 and 2,
New Prope~ Identifiers Plan 40R-16033
~,~on~: To~ of Pickering
~.~,. [ Regional Municipality of Durham
~ecuUon~
6) ~ll (a) Redescription ~) ~hedule for: (7) Interest/Estate Transferred
Document New Easement ~ Additional
Con. Ins Plan/Sketch ~ Description ~ Pa.ieo ~ ~her ~ EASE~E~
Transferor(eI The transferor hereby transfers the land to the transferee ~
~ Date of Signature
Name(s) Signature~__~~f ,, ~ Y M : D
Eas to bi~ion ~na~er
GO~N PATERSON : : :
Vice.resident, L~nd Operations
Spouse(s) of ~ansferor(s) I hereby consent to th~s transaction Date of Signature~
Name(s) Signature(s) Y M D
(10) ~ansferor(s) Address
for SeNice ~0 ~chmond Street E~st, ~th Floor, Toronto, Ontario ~C 2~
~ansferee(s)
Y M : 0
THE C.O~O~TION OF THE TO~ OF P]C~R]NG
Wa~e ~s, ~yor
Bruce Taylor, Clerk
(12) Transferee(s) Address Pickerinp Civic Complex, One The Esplanade, Pickering, Ontario
k, for Service L1V 6KT'
(13) Transferor(s) The transferor verifies that to the best of the transferor s knowledge and belief, this transfer does not contravene section 50 of the
Planning Act. Date of Signature Date of Signature
Signature.. ~ ..... Signature :
.J! Solicitor for Transferor(s) I have explained the effect of section 50 of the Planning Act to the transferor and I have made inquiries of the transferor to
~ determine that this transfer does not contravene that section and based on the information supplied by the transferor, to the best of my knowledge and
O belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature
~ I Name and Y M D
~ I Address of
I I Soricitor Signature
~ ~ ~ I (14) Solicitor for Transferee(s) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records
< J-'~ I reveal no contravention as sot out in subclause 50 (22) (c) (ii) of the Planning Act and that to the best of my knowledge and belief this transfer
.~_E_~ ~1 does not contravene section 50 of the Planning Act. I act independently of the solicitor for the transferor(s) and I am an Ontario solicitor in good
cc ~c"" standing
I(~ I(~--°~- Name and
]~l Address of Date of Signature
I<~ I Solicitor Y M D
/ ~ J Signature
(15) Assessment Roll Number Cry, Mun. Map Sub, Pa,. ~ Fees and Tax
of Property NOT ASSIGNED Fee
~(16) Municipal Address of Property (17)tDocument Prepared by: ~ ~ --
BorUen & Elliot ,,d-l~Ux..
Not assigned Scotl~ Plaza r~ ~'],9v
40 Kilcg St. West '*'"-"*"~ '
Toronto, Ontario
. _ / ~M5H y4 .
o, Schedule
Fo~rn $ -- Land RegbblUon Refrain Act, 19#
P~,
(7) INTEREST/ESTATE TRANSFERRED
Subject to the following terms and conditions, thc free, uninterrupted and unobstructed right
and easement to lay, construct, operate, maintain, inspect, alter, repair, replace, reconstruct and
.remove storm drainage works together with appurtenances thereto (herein called the "works"),
m, over, along, across, upon and under the landdescribed in Box 5 (herein called the "lands"),
and to drain storm water in, over, along, across, upon and under the lands, together with thc
right to the Transferee, its servants, agents and contractors with all necessary vehicles, supplies
and equipment to enter onto the lands and pass and repass over the lands for thc pm'pose of
exercising or enjoying any of the rights granted herein.
The terms and conditions which the parties hereto covenant and agree to observe and be bound
by are as follows:
1. Thc Transferee shall, except in case of emergency, before commencing any work
authorized hereby, give to the Transferor forty-eight hours previous written notice
thereof, and in cases of emergency such previous notice thereof as is reasonably possible.
2. Upon completion of any work, the Transferee shall fill in all excavations, restore fences,
and restore the surface of the ground by restoring all topsoil and grass cover disturbed
thereby, and do necessary grading to ensure soil and slope stability, and remove all
equipment.
3. The Transferor shall not erect any building or structure (except a fence) on the lands, and
shall not place or remove any fill on or from any part of the lands without the previous
written consent of the Transferee.
4. The right and easement granted herein shall be subject to all leases, licences, and any
rights of use or occupation existing at the date hereof, and the Transferor may from time
to time renew or extend these or make new ones, so long as they do not interfere
unreasonably with the right and easement herein granted.
5. The Transferor hereby releases the Transferee from any claim which may arise out of the
exercise by the Transferee of the right and easement granted hereby or which may arise
out of the existence of the storm water or the existence, operation or non-operation of the
storm drainage works provided the Transferee has complied with all of the terms and
conditions herein.
6. The Transferor shall execute such further assurances of the right and easement granted
hereby as the Transferee may reasonably request in writing.
7. The burden of this Transfer and of all the terms and conditions contained herein shall run
with the lands.
8. This Transfer and all of the terms and conditions contained herein shall enure to the
benefit of and be binding upon the Transferor and the Transferee and their respective
heixs, executors, achnhfistrators, successors and assigns.
LAND BENEIq'I'J'ED (DOMINANT TENEMENT)
9. The benefit of this Transfer and all of thc terms and conditions contained herein shall run
with all other lands and interests in lands owned, occupied or usod by the Transferee for
the purpose of operating and maintairfing storm drainage works.
OTHI3
C. N. R.
Town of Pickori~-
PLANNING DEPARTMEN'
Prol)e~ty De~cr il)tlofl
LOT 8, PLAN 410
LD 171/86,LDI72/86 LS~ R. MESQUITA
APR :5/86 I: 7500
Drawn By Checked By
J.B.B.
The Town of Picketing Bramalea Inc.
LEGAL SER¥[CES DEPARTMENT Part Lot 8, Plan 410, Picketing
Transfer of Eas~nt