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Home My WebLink AboutBy-law 3671/91THE CORPORATION OF THE TOWN OF PICKERING BY-LAW {NO. 3671/91 Being a by-law to authorize the execution of a Tran,grer of a storm sewer easement to The Corporation of the Town of Pickering in Plan 40M-1515, Pickering. WHEREAS The Corporation of the Town of Pickering requires a storm sewer easement overpart of Lot 21, Plan 40M-1515, Picketing, for the purpose of draining storm water through Plan 40M-1515, Pickering, and pursuant to the provisions of section 193 of the Municipal Act, R.S.O. 1980, chapter 3{)2, the Council of The Corporation of the Town of Pickering 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 storm sewer easement, in the form attached hereto as Schedule A, from Stanley Byers and Lee Kathryn Byers to The Corporation of the Town of Picketing, over that part of Lot 21, Plan 40M-1515, Picketing, designated as Part 2, Plan 40R-13236. B Y-LAW read a first, second and third time and finally passed this 4th day of Marcia, 1991. Wayne .~'thu~, Mayor TOWN CF; PICKERING APPROVED AS ,TO FORM THE CORPORATION OF THE TOWN OF PI(2KE~ ]~'-LAW_~IO. 3671/91 Being a by-law to authorize the execution of a TranL~eer of a storm sewer easement to The Corporation of the Town of Picketing itt Plan 40M-1515, Pickering. WHEREAS The Corporation of the Town of Pickering requires a storm sewer easement over part of Lot 21, Plan 40M-1515, Picketing, for the purpose of draining storfn water through Plan 40M-1515, Picketing, and pursuant to the provisions of section 193 of the Municipal Act, R.S.O. 1980, chaplet 31)2, 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 storm sewer easement, in the form attached hereto as Schedule A, from Stanley Byers and Lee Kathryn Byers to The Corporation of the Town of Picketing, over that part of Lot 21, Plan 40M-1515, Picketing, designated as Part 2, Plan 40R-13236. BY-LAW read a first, second and third thne and finally passed this 4th day of March, 1991. Wayne ~a~hu~-, Mayor TOWN. GF~ PICKERING APPROVED · ,TO FORM LIEGAL DE P'~. SCHEDULE A New prol~ Identifiers Execullon~ Transfer/Deed of Land Fon11 1 -- Lind Reglstmll~l Relotm Act, 19~4 T ((1) Rlgieby [] LlndTitl~ [:~2) 3) ~.de.~.) B,ock pro~.y ~(4) Cm~kl.~aUon See nil Page 1 of ..~.~ pages Dollars $ (S) Descdp~n This is s: ~oparty Propa~ DiviNon [] Co~l~ation [] Part of Parcel 21-1, Section 40M-1515 being Part of Lot 21, Plan 40M-1515 now designated as Part 2 on Plan 40R-13236 Land Registry Office for the Land Titles Division of Durham ' I Iofer~l/EatMe Trer4fermd (~) This (a) Redescrlptlon ~(b) Schedule for: (7) Fee Simple · AddRionei ~ New Eaesment ~ De~xlptlon [] Parties [] Osha' [~ I c.~*-tm Pie~Sketch [] i >(I) Treeefero~s) The transferor hereby transfers the land to the transferee and certifies that the transferor Is at least eighteen years old End that We are spouses of one another Date of Signature BYERS, Stanley __ ~-~/~-~ '* ' ' ' ' ' ' ' ' ' * ' ' ' 'BYERS, Lee Kathryn' ' ' ' ' ' ........ ' ......... ~:~~..: .~-~. :~,/.~. ''' , '' ' '' ' '''' · ' ' · J,' ' ' ' ' 'r '': ' '' ' (g) Spouse{s) Of Trensfexo~(s) I hereby co~esnt to this transaction Data of Signature · Name(s) Signature(s) Y M (lO)?renaf~s)&dd~ 206 Hoover Drive, Pickering, Ontario for Ser~tce ~(11) Trensfexee(s) Date of Birth Y M D THE CORPORATION OF THE TOWN OF PICKERING ......................................................... .............................................................................. ]1991 .~. Bruce Taylor, Clerk ,r (12) Tren*fe~e(s) Addmes for~ One the Esplanade, Pickering, Ontario, LiV 6K7 13 Tree·faro s The transferor f the bast f th t a f ( ) Planning Act. 1983. Date of Signature Date of Signature Signature ......................... : ............... Signs ure .......................... .,, .............. $oitell~r Ira' Transferor(s) I have explained the effect of section 49 of the Planning Act, 1983 to the transferor and I have mede Inquiries of lbs transferor to determine that this transfer does not contravene that section end based on the Inf(xmetlon supplied by the transferor, to the best of my knowledge end ballet, this transfer does not contravene Ihat section. I am an Ontario solicitor in good standing. Date o! Signature 9IN·me·nd I Y ~ u i o Address of Solicitor ~gne[ure ......................................... '~ I (14) lelcltol' for Tnmlflme(i) t have investigated the title to this ;and and to abutting ;and where relevant end I am satisfied that the flue records I~'~. ~1 rev~ei no contravention as set out in subclauea 49 (~le) (c) (il) of the Planning Act, 1083 and that to the best of my knowledge and belief this ~'~1 transfer does not contravene section 49 of the Planning Act 1 g83. I act independemly of the solicitor Ior the transferor(s) andl am an Ontario I~~= I Name and Date O[ Signature I~x'e I Address of Y M D ~ Signature .......................... ! ...... ' ....... of Property >(16) Muofolp~l Addre~ of Prol~rty 17) Document Prepared by:. Stephen H. Farber not assigned BOWMAN, FARBER & CERESNEY ~110 - 2100 Ella·mere Rd. Scarborough, ON M1H 3B7 Schedule From $ -- Land Reg~.'~-.; Refrain A~t. 1~4 p.~;~ 2 of 3 to.al Prt~x,~ty Id~ntl~e~t) MM' Oth.~ Infmmatl~n 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. The 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 Fight 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. /'he 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. Affidavit of Residence and of Value of the Consideration Page 3 of 3 "~e'~orporanon ~ Town of Pxckermg C.M. Tunothy Sheffield MAKE OATH AND BAY THAT: [] (d) Th~ au~orized agegt or so.Li~itor ~qting in th.~s~.r, an~sactipn for 0~ea M.,~s) I ne ~.orporatlon ot tne lown Ol ylcKermg deScribed in paragraph~'~[~.X~l~ (c) above. ¢~t,k, out ~terence~ to r'J (el The President. Vice-President. Manager. Secretary. Director. or Treasure~Xu~'~L~]~]Jact for (tr~ea name(s)of described ~n paragraph(s) (a). (b). (c) above: (stoke out ~,~c*~ to~n~ica~e~regra~M) [] (fl A transferee described in paragraph( ) (interiorly ~ of~aragrap~ (al. (b) or (c) above, as ~licable) and am mak lng this affidavit on my ow~ behalf and on [~J contains at least one and not mo~e than two single family residences Note: Clause 2(1) (d) 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 $ (g) VALUE OF LAND. BUILDING. FIXTURES AND GOODWILL SUBJECT TO LAND TRANSFER TAX (Toral of (a) to[f)) ............. $ (h)VALUE OF ALL CHATTELS - items of tangible personal property Nil Nil Nil Nil Nil Nil Nil Nil $ Nil Other consideration for transection not included in (gl or (h) above ........... $ Nil TOTAL CONSIDERATION $ NJJ No relationship between transferor mid transferee. 6. If the consideration is nominal, is the land subject to any encumbrance~ NO 7. Other.~emark~.and e~planations, if necessary , ransmr o~ storm sewer easement pursuant to Subdivision Agreement requirements. Sworn before me at the Town of Picketing inthe Regional Municipality of Durham this 13ih day of February to 91 A Commissioner for takin9 Affidavits. etc. Property InJotmatlon Record Transfer/Deed of l_.~d I~ M Timnthv ~h,.Ft';~.14 B. (i) Address of property being conveyed (Ifavaile,~le) (ii) Assessment Roll No. (#ava.c~) n/a C, Mail. ling adj;~ss(e~ fo[ futura No.t~e%of ~ssessm~.nt un~er the Assessment Act for property being conveyed (see it~ruct~ ;3 ~ne toe ~sptana(te, t-tcKermgt Unt~m LtV 6K7 (il Registration number for last conveyance of property being conveyed (if availed) (ii) Legal description of property conveyed Same as in D.(i) above Name(s) and address(esl of each transferee's solicitor C.M. Timothy gheffi,-ld Town golicitnr PickerlnE; ~'.rio I.IV ilK? Yes[] NoD Not known ~j~ For Land Registry Offlee use only REGISTRATION NO Land Registry Office No - ~ ..'".-...t, .,.".., r; . 1! ~ '--'~ %1.:. ':Ii -:1~ / !, I~ .- . 'Is 'l~. F_.. P. ~ ~ ~.- " ~ -'~ ..... , !~.~; '".,.. p ~ ~I~"~,,:,,-~' ¢r. oc6,t-r,f / I" ~ ~O~o,. · ' ~ ~ le' ~ .omo-I( . ~ ~'11 · I1_~ :.. ~ : o-~,',~: :, ..,, ,, ~r-,-~., ,~-~_ !Bt 1~ :!~ I ,,o,.,,_ Ir,~. ~2'..~-;, : ...... ~-'1,,. ,'~'""..-~'.,..,,2.11 --.,,.,.~1 ~,,~'-~.,~P'- h ~ ALTONA ~ ROAD I-I~' ~ .~l't u 41.,,',r ..... ~" ~'M~. I~ I ilnn I;~ ~1_.-~i~''',.'. ,.,,,, ~... 14 ~ ln.-,.-,-%r~.l__ ~--,,~-. ,, ........ I,I %,~1 The Town of Pickering I ss?3Sl Ontario Lzmited Plan 40Z4~1515, Pxckerin LEGAL SERIFICES DEPARTMENT I - ' g j- Transfer of Storm Sewer Ease