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HomeMy WebLinkAboutBy-law 3701/91THE CORPORATION OF THE TOWN OF PICKERING ~_y-LAW NO. 3701/91 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-1513, Pickering. WHEREAS The Corporation of the Town of Picketing requires a storm sewer easement over part of Lot 23, Plan 40M-1513, Pickering, for the purpose of draining storm water through Plan 40M-1513, 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 Trm~sfer of storm sewer easement, in the form attached hez~eto as Schedule A, from Shridatt Dindayal and Bhowanie Dindayal to The Corporation of the Town of Picketing, over that part of Lot 23, Plan 40M-1513, Picketing, designated as Part 6, Plan 40R-11014. BY-LAW read a first, second and third time and finally passed this,,Od~ day of May, 1991. Wayne Ar~rs, Mayor o, Transfer/Deed of Land SCHEDULE A Fofl~ 1 -- Land R~ratkxl Re~Ilt Act, 1~4 (~) P~ Bilk Pr~ N~w Propely Identifim'~ Exm Additional: See Schdduio [] (4) ~ TWO .......................... Dollars $ 2.0 0 (~;) OesoHptfon This is e: Property Property Division [] Consolidation [] Parcel 23-1, Section 40M-1513 Lot 23, Plan 40M-1513 Town of Pickering Regional Municipality of Durham designated aa Part 6 on Plan 40R-11014. (8) Thll (a) RI~b'4~I~ i (b) Schedule for: (7) Intlmat/Eatatl Trlnlfeff~] Ooe~menl New I=_~ment . Deactiption [] Pa~iea [] Othe~ [] Easement Contain ..,~ [] J (8) Tron~fe~or(s) The transferor hereby transfers the land to the transferee and certifise that the transferor is at Imt eightea~ years old and that we are spouses of one another. Date of Signaturs ..... ........ ....................... Spouea(s) of Transferor(s) I here~y consent to this transection Date of Signature · Name(s) Signature(s) Y M O , Transferee(s) Y M D ~ CO~O~A?ION OF ~'~ TOW~ OF PICKE~ZNG [1991'i05; Wayne Arthurs, Mayor i1991 [05 ~06 Bruce Taylor, Clerk (10) Tra~fe~e~(s) A~I~ focSef~ea 1541 Somergrove Crescent, Pickerin~r Ontario (12) T~n~fer~(s)Add~ea One The Esplanade, Pickering Civic Centre, Pickering, Ontario (13) T~fem~8) The transferor verifi~ that to the ~st of the transfero~s knowl~ge and ~li~, this transfer 0~s not contravene ~tion 49 of ~e ' ~anni~ ~, 1~. Date of Signstum Date of Signature to ~ine t~t this tm~f~ ~ ~ ~a~ne that ~i~ ~d ~ on t~ infection ~ ~ t~ troffer, to t~ ~t of my kn~ ~d ~. this transf~ d~ ~t contmv~ that ~ti~. I am an Ontado a~ic~m in g~ s~ndi~. Date of Signature O ~l~l N~e a~ Date of Signature // (1S) Aleeeameflt Roll Nufld)4~ c4 Property )(16) Municipal Acld~ of Pro~erty i c~. [Mu..I M,. i s... ; ; is!01; 020] 016i257Sl MACAULAY, ~uSID 30 St. Clair Avenue West Suite 900 Toronto, Ontario M4V 3Al Attention: Steven Z. Cooper 1541 Somergrove Crescent Picketing, Ontario Fm and Tax Schedule · Addt~nll Pr~fty Idenllfl~,,) md/or Otr4f Inf,~m~tlo~ P~0* 2 of 3_ IUTEREST/£STATE 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 /rom 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 (ii, eluding replacement with storm drainage works of larger si~e and capacity) and maintaining the storm drainage works or any part thereof or appurtenances thereto to be constructed, reconstructed, examlned, repaired, renewed, replaced or maintained situate on the lands. The Transferor covenants that it shall not erect any buildin8 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 ~IENEF~TED (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, ire successors and assigns for the purpose of operating and main- raining atorm drainage works. Form 1 - Land Transfer Tax Act Affidavit of Residence and of Value of the Consideration Refer rd all instrucr/on$ on reverse stde Page 3 of 3 ~nrlaatt Umaayai and Bhowanie Dindayal TO (~ imtruc;t~ t ~ ~r, nt nan~* ft W tr~r~t~r~ IAju#) t nc ~..orporatwn at the i own of Picketing C.M. Timothy ~heffield MAKE OATH AND SAY THAT: (d) T,~ automatized age0t or sojjcLtor ~%ting in th~r~n~actipn for (,nsert namers) of~incioal(s)) l ne Lorporatlon at tl~e lown Oll-lcKerln~[ described in paragraph~j~x (c) above: (strike OUt references to ,nal>pi~tM~ ioaregr#.oh$) None 4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: fa) Monies paid or to be paid in cash $ (b) Mortgages (1) Assumed ft~ow ~inctbet and interest to be credile~ agatnst purchase ~tlce) ..... $ Nil (ii) Given back to vendor $ Nil (ce Property transferred in exchange (betailbek~w) $ (d)Securitiestransferred to the valueof (detailbe~ow) ...... $ Nil (e) Liens. legacies, annuities and maintenance charges to which transfer is subject $ Nil (f) Other valuable consideration sublect to land transfer tax (delaa ~tow) $ Nil (g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO LAND TRANSFER TAX (Toralof(a!to (f)j $ ~.00 (h) VALUE OF ALL CHATTELS - items of tang~ble personal property $ 2.00 (j) TOTAL CONSIDERATION ........... $ 2.00 No relationship between transferor and transferee. 6. If the consideration is nominal, is the land subject to any encumbrance~ NO 7. Other marks ande planations, if necessary , ..... ~ansfer o~ easement to a mumc~pal~ty pursuant to Subdtvtston Agreement requirements. S~or~ before ~e at the Town of Pickering in the Regional Municipality of Durham this 12th day of April 19 91 A Commissioner for tek lng Affidavits, etc. Property Information Record Transfer/Deed of Land C,IM. Timothy Sheffield fi) Address of property being conveyed (if available) (ii) Assessment Roll NO. (#eva#at:re) Mail~gtJneed0.~ss(e~l nc u,s~lanaae, for. futurl~ NolJges. oft. tCV:etlil~[,tJnt al'lOAssessm~nt unqer fi) Registration number for last conveyance of property being conveyed f#eva#ab~e) (ii) Legal description of property conveyed: Same as in O.(i) above Name(si and address(es) of each transferee's solicitor C.M. Timothy ~qheffi~ld Town Solicitor Town of Pickerin~ One The Pickerinff. Ontario Yes[~ NoEl Not known [~ For Land Registry Office use only :EGISTRATION NO and Registry Offme No Registration Date 50 14 "' > 61' 59 Duff in Develolm~nts Inc. Plan 40M-1513, Pickering Transfer of Stoz~ Sewer Easement The Town of Pickering LEGAL SERVICES DEPARTMENT