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Home My WebLink AboutBy-law 3693/91THE COR_PORATION_OF THE TOWN OF PICKERING BY-LA_W~O. 3693/9 1 Being a by-law to authorize the execution of a Tran.rfer of Easement front The Corporation of the Town of Pickering to The Durham Board of Education over that part of Black 42, Plan M-1194, Pickering, designated as Part 1, Plan 40R-12407, for storm sewer purposes. WHEREAS The Durham Board of Education requires a storm sewer easement over that part of Block 42, Plan M-1194, Pickering, designated as Part 1, Plan 40R~12407, which block is owned by The Corporation of the Town of PickeTing; and WHEREAS pursuant to section 193 of the Municipal Act, R.S.O. 1980, chapter 302, the Council of the Town may pass by-laws for disposing of 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 Easement, in the form attached hereto as Schedule A, from The Corporation of the Town of PickeTing to The Durhtun Board of Education, over that part of Block 42, Plan M-1194, PickeTing, designated as Part 1, Plan 40R-12407, for storm sewer purposes. BY-LAW read a first, second and third thne and finally passed this 2nd day of April, 1991. Wayne ~'thur~, Mayor '°Brace Taylor, ~erk APPROv£D- TO FOR, ~LE~AL D£PT. New Property Identifiers AdditiOnal: See Schedule Additional: See Schedule SC[-~DUT_E A Transfer/Deed of Land Form 1 -- L~nd Regfetmtlort Reform Ae~ 1~4 (1) A~ ~ LWT~ ~ ) (3) ~ Bilk Pr~ I~) (4) ~at~ ~wo Division ~ P~ Parcel Section ~- L ~94, that of Bloc[ 42, t94, Town of Pickerins, Page I of 3 pages Do.ars S 2.00 Properly Consotidation [] (~) Thie (a) Redsecription (b) Schedule for: [ (7) Infem~VEslMe Treoefen~l DooJmenl N~ Ea~ment ~ A~ional [ F~ Simp~ ~ P~Sketch ~ ~ D~i~ion ~ Pa~i~ ~ O~r ~ Easement (8) Tm~ro~l) The transferor hereby transfe~ the land to t~ transfer~ g;.~ ;g~Z'.~ ~:~ ~X: :.,:g~g: g.' :.: :~ '.~: g~;~:gg.. , ~1% A Bmcc Taylor, Clerk (9) Spoul4~l) of Transfero~s) I hereby consent to this transection Name(s) Signature(s) Date of Signature Name(s) Signature(s) ,, :THE.COR. POEAI3ON .OF .']:HE ......................................................... i' · ·; · · · Wayne Arthurs, Mayor : IO3~51.OF PICKERI151G ............................................................. i... i... Date of Y M D (10) Trenaf~or(s) Addr~ for Serves une The Esplanade, Pickering Civic Centre, Picketing, Onta.rio L1V 6K7 11 ) Transferee(s) < Date of I:liMh Y M O .T. HE.DUKHAM BOARD.OF EDUCATION ........................................................ (12) Tr~oleree(s) Address for SMYioe 555 Rossland Road West, Oshawa, Ontario LIJ 3H3 > (13) Trrmlferor{$) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 49 of the Planning Act. 1983. Date of Signature Date of Signature Solicitor for Tcansferor(s) I have explained the effect of section 49 of the Planning Act, 1983 to the transferor and I have made mquinse 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 z [ and belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature _O Nanl~ af3d ! v ! M ; D ~' Address of ~ , , , D SoliCitor ~gnature ................................. ~ .... ~ [ ~ [ (14) Seac~tor kn Trlmlfell~(I) I have investigated the title to this land and to abutting land wbam relevant and I am satisfied that the title records '~I'~.~' reveal no contravention as set out in subclause 49 (21a) (c) (ii) of the Planning Act. 1083 and that to the best of my knowledan~l am an Ontarioe and belief this ~--~ ~ transfer does not contravene section 49 of the Planning Act 1983. I act independently of the solicitor for the transferor(s) ~ I.,~- ~[-~ ~ solicitor in good standing. ~ I-= ~5~ I Nam-. -nd Date of Signature (1S) AMe~ment Roll Number of Proffer1( ~(18) Municipal Address of Property Ut~nown Ct/. i Mun. i Map j Sub Par. i (17) Documenl Pram by:, C. M. Timothy Sheffield Town Solicitor Town of Pickering One The Esplanade Picketing, Ontaxio I IVRK7 [~l Fees and Tax ~ Registration Fee orl Tofel ~Ontar,o°fPr°vmc' Schedule Fo~m 5 -- ~ Regletmt~n Refoml Act, 1~4 Page S 2of 3 ~Adcatkxtll Property Iclefltlltei~e) ~nd/or Other Information 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, togelher with any appurtenances thereto as may be required from tL, ne 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 pa~ss 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 he 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 right and easement granted hereby, or which may arise out of the existence or operation of the storm drainage works, provided the Transferee falls in all excavations and as far as is practicable 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 he required by the Transferee. The burden of this Transfer and of all the covenants contained herein shall run with the lands herein described. This Trmmfer 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 the lands more particularly described as Block 98, Plan M-1207, Picketing. Form 1 - Land Transfer Tax Act Affidavit of Residence and of Value of the Consideration Refer to ell instructions on reverse side 3of 3 ,NpartTHE ~,~_,.~R ~Z:~)~F 'TH'~ CONVEyA~Eplan M-1194, OFpic~er lng (Part 1, Plan 40R-12407) Corporaticl% ~ the Town of Pickering ~ ~lr~%~ ~r~ of ~t/on MAKE OATR AND SAY THAT: [] {c) A transferee named in the above-described conveyance. [] id) The authorized agent or solicitor acting in this transaction for (insert described in paragraph(s) ia}, (b), (c) above; (~.ke out refe~e.ces to in~oplk:aZ~e paragraphs) 4 THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid or to be paid in cash $ (ii} Given back to vendor ..... $ 2.00 nil ~i] id} Securities transferred to the value of (m, tad below) $ ~i] (e) Liens, legacies, annuities and maintenance charges to which transfer is subject $ rd~l if) Other valuable consideration subject to land transfer tax (¢eta#beto~) $ n~l (g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO LAND TRANSFER TAX (Toralof(aJto(f)) $ 2.00 $ __2.00 ih)VALUE OF ALL CHATTELS items of tang~ble personal property ii) Other consideration for transaction not included ,n Ig) or ih) above .... $ D~ ] {i) TOTAL CONSIDERATION $ 2,00 NO relationship between transferor and transferee. 6. (f the cons~derat*on is nominal, is the land subject to any encumbrance? ~ 7. Other remarks and explanations, ~f necessary Transfer of storm sewer eas~ent. Sworn before me at the in the this day of A Commissioner for tek lng Affidavits, etc 19 Property Information Record Describe nature of instrument ~ra~.~fc~r/Dee~ of ii) Address of property being conveyed (if ava#abM) (ii) Assessment Roll No (#ava#a~e) n/a C. Mailing address(es) for future Notices of Assessment under the Assessment Act for property being conveyed (see)nstructmn 7) 555 RDssla~t Road West, Oshawa~ Cntarin I,L7 3H3 D (1) Registration number for last conveyance of property being conveyed (if availat~ie) (ii) Legal description of property conveyed: Same as inD(i) above Yes[] E.Name(s) and address(es) of each transferee's solicitor NO0 Not k nowr~ ~J For Land Registry Office use only REGISTRATION NO Land Registry Office No Registration Date