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Home My WebLink AboutBy-law 3654/91]~[F.,~O~P_QIL~TION OF THE TOWN OF PICKERING BY-LAW NO. 3654/91 Being a by-law to authorize the execution of a Transfer of a storm sewer easement to The Corporation of the Town of Picketing in Plan 40M-1599, Picketing. WHEREAS The Corporation of the Town of Picketing requires a storm sewer easement over part of Block 1, Plan 40M-1599, Picketing, for the purpose of draining storm water through Plan 40M-1599, Picketing, and pursuant to the provisions of section 193 of the Municipal Act, R.S.O. 1980, chapter 302, the Council of The Corporation of the Town of Picketing 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: The Mayor and Clerk are hereby authorized to execute a Transfer of a storm sewer easement, in the form attached hereto as Schedule A, from Runnymede Developmem Corporation Limited to The Corporation of the Town of Picketing over that part of Block 1, Plan 40M-1599, Picketing, designated as Part 1, Plan 40R-13347. BY-LAW read a first, second and third time and finally passed this 18th day of February, 199l, Wayne Artff~rs, Mayor TOWN CF PICK ERIi'4G APPROVED AS TO FORM LEGAL DEPT, TI-!E CORPQgATION_ .OF THE___TOWN OF PICKERING B~f_-LAW NO. 3654/91 Being a by-law to authorize the execution of a Transfer of a storm sewer easement to The Corporation of the Town of Picketing in Plan 40M-1599, Pickering. WHEREAS The Corporation of the Town of Picketing requires a storm sewer easement over part of Block 1, Plan 40M-1599, Picketing, for the purpose of draining storm water through Plan 40M-1599, Picketing, and pursuant to the provisions of section 193 of the Municipal Act, R.S.O. 1980, chapter 302, the Council of The Corporation of the Town of Picketing may pass by-laws for acquiring interests in lands; NOW THEREFORE, il~e Council of The Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a Transfer of a storm sewer easement, in the form attached hereto as Schedule A, from Runnymede Developmem Corporation Limited to The Corporation of the Town of Picketing over that part of Block 1, Plan 40M-1599, Picker'mg, designated as Part 1, Plan 40R-13347. BY-LAW read a first, second and third time and fhrally passed this 18th day of February, 1991. Wayne Artl~rs, Mayor TOWN CF PICKERtI'4G APPROVED AS TO FORM LEGAL DEPT, Transfer/Deed of Land (4) ~d~ (SCHEDULE A) Land Tl~ee [] ) Page 1 of 4 pages Prof~ TWO .................... Dollars S 2.0 0 ($) D~d~n This is a: Pro~erty ProDeny Division ~ ~(idation ~ A Part of Parcel 1-1, Section 40M-1599, being Part of Block 1 on Plan 40M-1599, designated as Part 1 on Plan 40R-13347, in the Town of Pickering, in the Regional Municipality of Durham. (T) In#re~l~.l~Jll Trmm~i~:) Fee Sim~0ie Easement RUNNYMEDE DEVELOPMENT CORPORATION LIMITED .d --~1~~-~ Dateof SNna~m ~)* ' Signature(s) Samuel '~i~man : : Se.creLary ........... 19. ,1 .:.Ol: /F. I have authority to bind the Corporation >(g) $1x~s) ol TrenslM'o/~l) I hem/Dy coneent to this transaction Date of Signature Name{s) Signature(s) Y M D 1051 Tapscott Road, Scarborough, Ontario, M1X 1Al Wayne Arthurs, Mayor ................................................. B~'d~' T~lb'~ ~ ' CT~tk ...... I(lZ) l~slAdd~ One The Esplanade, Pi-.kering, Ontario, LlV 6K7 ~ ~an~ A~, I~. Date of Sig~tum Date of S~ f~ Tm~) I have explain~ t~ eff~ ~ ~fl~ 4g of the Planni~ A~ 1~ to the t~f~r ~ I ~ve ma~e ~u~n~ of t~ transferor ~J ~ ~. t~i~ tran~ ~ ~ c~tmv~ t~t ~tJ~. I am an Onm~o ~1~ in g~ s~ndi~. Date o~ Signature El Nm~ ~d ~ Y [ M ~ D ~[ ~i~ Signature .......................... ...... ....... ~ ~ N~ a~ Date of Signatu~ // ~ll') ~l R~ Nu~ { C~. ~ufl, Map Sub. Pw. ; [~ F~ I~ Tp ~P~ ; ; ; : (NOT ASSIGNED Runnymede Development Corporation Limited NOT ASSIGNED 1051 Tapscott Road Scarborough, Ontario M1X 1al . .AttentiOn: DARIO ZANNIER ~of Pro*'ftC' Sched ule Fom~ ~ -- ~ R~91~tmtl~ Re;omt Act, 1~4 *~ltlo~d Prol)e~y Identlfle~l) Imd/o~ Other Inlonnltlon Pa~e S 2 of 4 INTEREST/ESTATE TRANSFERRED The Transferor hereby transfers to the Transferee the free, uninterrupted and unobstructed right and easement to construct, operate and maintain such storm drainage works, together with any appurtenances thereto as may be required from time to time in, under and across the lands herein described, together with a right of the Transferee, its successors and assigns and its and their servants, agents and workmen, with all necessary equipment, machinery and vehicles to enter upon the lands at all times and to pass and repass thereon for replacing (including replacement with storm drainage works of larger size and capacity) and maintaining the storm drainage works or any part thereof or appurtenances thereto to be constructed, reconstructed, examined, repaired, renewed, replaced or maintained situate on the lands. Tile Transferor covenants that it shall not erect any building or structure nor place or remove any fill on or from any part of the lands without the express written consent of the Transferee. 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 here- by, or which may arise out of the existence or operation of the storm drainage works, provided the Transferee fills in all excavations and as far as is practi- cable restores the surface to the condition existing prior to any entry thereon to exercise the right hereby granted. The Transferor covenants that it shall execute such further assurances of the right and easement granted hereby as may be required by the Transferee. The burden of this Transfer and of all the covenants contained herein shall run with the lands herein described. This Transfer shall be binding upon and shall enure to the benefit of the parties hereto and their respective successors and assigns. LAND BENEFITED (DOMINANT TENEMENT) The benefit of this Transfer and all of the covenants contained herein 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 main- taining storm drainage works. Sch ule Fo(It S -- LMtd R~ll~/~k~ RMol~t ACL 11i4 PIge S 3of 4 TRANSFER/DEED: Part of Parcel 1-1, Section 40M-1599, Part of Block 1, Plan 40M-1599, designated as Part i on Plan 40R-13347, in the Town of Picketing, in the Regional Municipality of Durham. ADDITIONAL PARTIES CONSENT AND POSTPONEMENT OF CH3~RG~ CANADIAN IMPERIALBANKOP COMMERCE, the registered owner of Charges LT 191854 and LT 455010 hereby postpones and subordinates the said Charges to the Easement herein created and transferred. Name Sianature CANADIAN IMPERIAL BANK OF COMMERCE (Name and Capacity) M. M. FIDLER 1991 O~ )7 (Name and Capacity) 1991 Form 1 * Land Trsnsfer Tax Act Affidavit of Residence and of Value of the Consideration 4 of 4 Runnymed~)evelopment Corporation Limited The ~o~ration of the Town of Pickering C.M. Ttmotgy ~heffield MAKE OATH AND SAY THAT: [] rd) The auth.~rized agent or sol,rigor a,~ing in thi~ ~..~Qn~actiQn for 0.~rt I ne ~..orporatlon o! u'lelowrl oi FICKeflRg described in paragraph(s) fa), (b), (c) above, (strikeoutreference~toinap~¢at)Cepar~gra~ns) E] (f) Atransfereedescrlbedinparegraph( ) (in~e~f onh/ one of paragraph (e), (b) or (c) ebove, esapPl~cab~e) andammakingthisaffidavitonmyownbehalfandon behalf of (in~ert name ~f~.~u~e) who is my spouse described El contains at least one and not more than two single family residences Note: Clause 2(1) rd) imposes an additional tax at the rate of one-half of one per None 4 THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid or to be paid in cash $ (b) Mortgages fi) Assu mad (show ~rinc~al an~ interest to be credited a~ainst putch~e price) .... $ Nil (ii) Given back tO vendor $ Nil (c) ProDerty transferred in exchange (deteilbek~w) .......... $ -- Nil (d) Securities transferred to the value of f~teil be~w) $ Nil re) Liens, legacies, annuities and maintenance charges to which transfer is subject $ Nil (f) Other valuable consideration subject to land transfer tax (~tad ~low) .... $ Nil (g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO LAND TRANSFER TAX (Totalof[a) to(f)) ........... $ __ 2.00 (h}VALUE OF ALL CHATTELS - itemsof tangible personal property 2.00 $ Nil {i) Other consideration for transaction not included in )g) or (h) above ..... $ Nil fi) TOTAL CONSIDERATION $ No relationship b~twecn transferor and transferee. 6. If the consideration is nominal, is the land subject to any encumbrance> NO 7. Other remarks and explanations, if necessary. Transfer of storm sewer easement pursuant to subdivision agreement requkements. Sworn before me at the Town of Pickering in the Regional Municipality of Durham this day of 19 91 A Commissioner for tek ing Affidavits, etc. Property Information Record A Oescribe nature of instrument Transfer/Deed of Land B. fi) Address of property being conveyed (# mva~aele) ~1/8 C.M. Timothy (ii) Assessment Roll No. (#aw~#a~e) ~' One The Esplanade, Pickermg, Ontario LtV 6K7 (ii) Legal description of property conveyed: Same as in O.(i) above Yes [] No r-J Not known r~ E Name(s) and address(es) of each transfer~e's solicitor ~ M Timothy Rh~ff'i,-Id Town Roli,~itor P,ck~r, ng, For Land Reginry Office u~e only {EGISTRATION NO Land Registry Office No Registration Date iI The Town of Pickering LEGAL SERVICES DEPARTMENT Runnymede Development Corporation Block 1, Plan 40M-1599 (Part 1, Plan 40R-13347) (Easement)