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Home My WebLink AboutBy-law 3733/91THE CQ~PORATION~t:!!~ TOWN OF PICKERING BY-LAW NO.3733/91 Being a by-law to authorize the execution of a Transfer of a storm sewer easement to The Corporation of the Town of Pickering in Plan 40M-1649, Pickering. WHEREAS The Corporation of the Town of Picketing requires a storm sewer easement over part of Lot 6, Plan 40M-1649, Picketing, for the purpose of draining storm water through Plan 40M-1649, 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 Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execme a Transfer of storm sewer easemem, in the form attached hereto as Schedule A, from 557351 Ontario Limited to The Corporation of the Town of Picketing, over that part of Lot 6, Plan 40M-1649, Picketing, designated as Part 1, Plan 40R- 1345 I. BY-LAW read a first, second and third time and finally passed this 3rd day of June, 1991. TOWN C,~ Pt(';KERING APPROVEU AS TO FORM LEGAL LIE'PT. of Onlarlo New Property Identifiers See Schedule Executions Additional See Schedule SCHE/:TJT_~ A Transfer/Deed of Land Land Tltlse BlOck Prof:~ly A Dollars $ ($) Oe~Hpt~n Th~s is a: Prope~ Property Division [] consolidation [] Parcel , Section 40M-1649 being Part of Lot 6, Plan 40M-1649 now designated as Part 1 on Plan 40R-13451 Town of Picketing Land Registry Office for the Land Titles C Division of Durham (No. 40) (5) This (a) Redsecription (b) Schedule for: J (7) InllralVEltate ~ Detriment New Easement ' Additional ~ Fee Simple L Contain, Plan/Sketch [] : Description [] Parties [] Other E~ J ~'(5) Transferor(s) The transferor hereby transfers the land to the transferee / Alf/Fed MacInnis the Corporation ~(9) Spouse<s) o! Transteror(s) I here/Dy Consent to this transection Name(s) Signatura(s) i ; , (10) Transferor(s) Addre~ ,orServfce C/O 1345 Morningside Avenue, Units 4&5, Scarborough, On~:te M1B 3~ >111) Transfereels) Y °fMBirth D/ THE CORPORATION OF THE TOWN OF PICKERING 1991 i06 03 1991 i06 03 (12) Tranlta~'e~(s) Addmse forSewlca One the Esplanade, Pickering~ Ontario, ~IV 6K7 (13) Transferor(I) The transferor verifies that to the best of the translator's knowledge and belief, this transfer does not contravene section 49 of the Planning Act, 1983 Date of Signature Date of Signature S~gnature' ........................................ ,' : ' ," S'gnature ........................ : ............... , : ; ~ Solicitor for Transferor s) I have explained the effect of section 49 of the Planning Act. 1983 to the transferor and I have made mqulne~ 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 ZI and belief, this transfer dOeS not contravene that section I am an Ontario solicitor in good standing. Date of Signature --OI Name and ! Y I M D ~ I Address of ~. . : : O I Solicitor ~gna[ure ........................... ' ...... ' ...... ~ I '~ ~ (14) $oltoltoe for Tran~ioree(s) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records < [.~;,.[ raveal no contravention ~s set out in subclause 49 (21 a) (c) (ii) of the Planning Act, 1983 and that to the best of my knowledge and belief th!s ~1E~ ~l transfer does not contravene section 49 of the Planning Act 1983. I act independently of the solicitor for the transferor(s) and I am an Ontano 'E ~ ~1 solicitor in good standing. J~'=-I Name and Date of Signature i~ ;51~ 1Addres~ of Y . M D I< ~ J Solicitor : ~ Signature .......................... 1' ............... 115) Aseesement Roll Numar of properly 16) Mun/clpal Addrese of Property NOT ASSIGNED {CiMun. i Map j Sub Par [, ii [: Not Assigned (17) D~um~ntPmpar~ ~ Stephen ~. ~arber BOWMAN, FARBER & CERESNEY #110 - 2100 Ellesmere Rd. Scarborough, ON M1H 3B7 /~ ~ elm " o.,.,,o°'"'°''"c' Schedule leo~ S -- LaNI Regi~tmgon Reform Act, 1644 S p~e 2 of 3 · A4dltk~d Pr~q~dy Idefltllledl) ind/o~ Olhec Information INTEREST/ESTATE TRANSFERRED e 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 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. /'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) e 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, °"'~'"~'~ ~ "~'0 ~ Affidavit of Residence and of Value of the Consideration Form 1 - Land Transfer Tax Act Refer to all mstruchons on reverse s~de. Pac~e 3 of 3 557351 Ontario Limited Corporation ot~th~l~own of Ptckrnng C.M. ~u~othy Sheffield MAKE OATH AND SAY THAT: I ne ~..orporatlon o! me i own O! FICKeFHI~ 4 THE TOTAL CONSIDERATION FOR THIS TRANSACTION tS ALLOCATED AS FOLLOWS: (a) Monies pa~d or to be paid in cash $ Nil (b} Mortgages (i) Assumed ($howprir~.loala~¢nlere$ltob~¢reOt~e,~Jf~instputchJsepr~ce) .... Iii) Gwen Pack to vendor $ N'iJ (c) Property transferred in exchange (aera~l below) $ (d) Securities transferred to the value of (detaa t~e/o~) $ _ (e) Liens, legacies, annuities and maintenance charges to which transfer is subject $ Nil (f) Other valuablecons*deratron sublect to land transfer tax (~ta~l (g) VALUE OF LAND. BUILDING. FIXTURES AND GOODWILL SUBJECT TO LANE) TRANSFER TAX (Tota/of [a) to (f)) $ (h) VALUE OF ALL CHATTELS ~tems of lang~ble personal property {i)TOTAL CONSIDERATION ...... Nn r~laflnn~hip be~twee~n tran~fej'or and transferee. Transfer o[--~q~-rm Sewer Easement pursuant to Su~Sivxsion Nil Nil Nil Agreemeqt requirements. Sworn before me at the ~ of Picketing in the ~=gional Municipality of Durham mis 3rd day of Jur~ 19 91 A Commissioner for taking Affidavits. etc C.M. Timothy Sheffield Property Information Record A Describe nature of instrument Transfer/Deed o__f Land B {i) Address of property being conveyed (Ifavaila~lo; n/a (ii) Assessment Roll No (~1~) ~/a_ Mailing ~dress(es) for future Notices of As~ssment under the As~sment ~ct for property ~ing ~nve~ (see ~nstruct~ ~ ~ ~e Espl~de, Plcker~, ~lO LlV 6K7 For Land Regism/Office Use Only Registration NO. (ii) Legal description of property conveyed Same as in DJi) above Name(s) arid address(es) of each transferee's solicitor C.M. Timothy Sheffield, Town Solicitor The Corporatic~ of the Town of Pickerinq Yes [] No [] Not k n0wn ~ On~ The Esplanade. Picketing, Optario LiV 6K7 School Tax Support (Voluntary Election) See reverse for explanation il, The Town of Pickering LEGAL SERVICES DEPARTMENT 557351 Ontario Limited - Transfer of Storm Sewer Easement