HomeMy WebLinkAboutBy-law 4715/95 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NQ, 4 715/9 5
Being a by-law to authorize the execution ora Transfer of
Easement over part of Lot 20, Plan 819 and part of Lot
62, Plan 1041, Pickering (designated as Part , Plan
4OR- ) for storm sewer purposes.
WHEREAS, The Corporation of the Town of Picketing requires an easement for storm sewer purposes
over part of Lot 20, Plan 819 and part of Lot 62, Plan 1041, Picketing, designated as Part __, Plan
40R- __, for the purpose of draining storm water and pursuant to the provisions of section 191 of the
Municipal Act, R.S.O. 1990, Chap. M.45, the Council of The Corporation of the Town of Pickering may
pass by-laws for acquiring interests in land;
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 Transfer of Easement, in the form
attached hereto as Schedule A, from Keleck Investments (Picketing) Incorporated and Wild
Country Development Inc. to The Corporation of the Town of Pickering over part of Lot 20, Plan
819 and part of Lot 62, Plan 1041, Picketing, designated as Part __, Plan 40R- , for
storm sewer purposes.
BY-LAW read a first, second and third time and finally passed this 22ndday of December, 1995.
l~(/ruce Taylor, Clerk
TOYVbJ OF
~Ont.rlo°fPr°v'nce Transfer/Deed of Land
Form I -- Lend Regletrstlon Reform Act
(1) Registry [] L~dT~ ~ ~(2) Pagel of
(3) Pr~ Bilk Pro~y
(4) Con~l~at~n
Dollars
(5) De~rlptlon This is a: Pro~y Pro~y
Division ~ Con~idation ~
New Property Identifiers
Executions
Additional
See
Schedule []
[6) This (a) Rddescription i (b) Schedule for ~ (7) Interest/Estate Tran~fen~d
Document New Easement Additional I Fee Simple
Conlalns Plan/Sketch [] Description [] Parties [] Other []
~ Transfero~(s) The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years old and that
Date of Signature
............................................................................... Y M D
Name(s) Signature(s) i
Spouse(s) of Transferor(s) I hereby consent to this transaction Date of S~gnature
Name(s) S~gnature(s) ¥ M D
I0) Transferor(s) Address
for Service
11) Transferee(s) Date of Birth
¥ M
Wayne Arthurs, ~yor
p C R3A
Bruce Taylor, Clerk
(12) Transferee(s) Address
forSer,ice Picketing Clvic Central One The F. splanade~ Pickerinq; Ontario L1V 6K7
> (13) Transferor(s) The transferor verifies that to the best of the transteror's knowledge and belief, this transfer does not contravene section 50 of the Planning Act
I Date of Signature Date of Signature
Y M D Y M O
] Solicitor for Transferor(a) I have expla*ned the effect of section 50 of the Planning Act to the transferor and I have made inquines 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
Z~ belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing Date of Signature
~ Name and ; Y ; a : D
cu J Address of ~.
~ ~ (14) Solicitor for Trensferee(s) I have invest gated the t t e to th s and and to abusing land where eevant and am sa stied ha he ~ le records
< ~. revea~ no contravention as set out in subclause 50 (22) c) (ii) of the Planning Act and that to the best of my knowledge and behef th~s transfer
~ J E~ ~ J does not contravene section 50 of the Planning Act. I act independently of the sehcitor for the transferor(s) and I am an Ontario solicitor in good standing
I Name and Date of SignatureI
I
I
Penny L. Wyger ,~lJLandTransferTax
Tcwn Solicitor
Town of Pickering -
One The Esplanade
L1V 6K7 Total
o, Schedule
Form 5 -- Land Regl~raaon Reform Act, 19~4
Page
~Addltlonal Property Idenflfler(~) and/or Other Info~matlon
(7) INTEREST/ESTATE TRANSFERRED
Subject to the following terms and conditions, the 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"),
in, over, along, across, upon and under the land described in Box 5 (herein called the "lands"),
and to drain storm water in, over, ',dong, across, upon and under the lands, together with the
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 the purpose 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. The 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 li~ne renew or extend these or snake new ones, so long as they do not interfere
m~reasonably 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
stoxm 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 mn
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
heirs, executors, admhfistrators, successors aqd assigns.
LAND BENEFITTED (DOMINANT TENEMENT)
9. The benefit of this Transfer and all of the terms and conditions contained herein shall run
with all other lands and interests in lands owned, occupied or used by the Transferee for
the purpose of operating m~d maintaining storu~ drainage works.
OTHI3
BONITA AVEN
DRUFF ;
STRO( LANE
LAN E
< 9,29m
( Subject Lands
£
HEDGEROW
L
JACQUELINE~
The Town of Pickering I Keleck_ 18T-94023Inves~ents (Pickering) Incorporated
LEGAL SERVICES DEPARTMENT - Transfer of Easement