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Home My WebLink AboutBy-law 2404/87THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2404 /87 Being a by-law to authorize the execution of a Transfer of Storm Sewer Easement from Rougecrest Construction Inc. to The Corporation of the Town of Pickering over Part Lots 1, 49, 50, 53, 54, 57 and 58, Plan 40M-1440, (Part 1, Plan 40R-10018; Parts 1 and 2, Plan 40R-10020; Parts I and 2, Plan 40R-10021; Parts 1 and 2, Plan 40R-10022). WHEREAS, The Corporation of the Town of Pickering requires storm sewer easements over those parts of Lots l, 49, 50, 53, 54, 57 and 58, Plan 40M-1440, Pickering, designated as (Part 1, Plan 40R-10018; Parts I and 2, Plan 40R-10020; Parts 1 and 2, Plan 40R-10021; Parts 1 and 2, Plan 40R-10022) for the purpose of draining storm water through Plan 40M-1440, 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 Storm Sewer Easement in the form attached hereto as Schedule A between Rougecrest Construction Inc. and The Corporation of the Town of Picketing over those parts of Lots 1, 49, 50, 53, 54, 57 and 58, Plan 40M-1440, Picketing, (Part 1, Plan 40R-10018; Parts 1 and 2, Plan 40R-10020; Parts 1 and 2, Plan 40R-10021; Parts 1 and 2, Plan 40R-10022). BY-LAW read a first, second and third time and finally passed this 2nd day of March, 1987. TOWN OF PICKERING APPROVED AS TO FpR LEGAL DEPt John-E. A%derso'l~, Mkyor New Property Identiliera See Schedule Execuflons Additional: See Schedule Transfer/Deed of Land Form I -- Land Regtslraflon Relorm Act, 1984 (1) Regi.try [] (3) Properly Identifier(I) (4) Conlldm'allon (5) Deecrlpllon V Land Titles [] 1(2) Page 1 of ~ Block Property A page8 (6) This {a) Redescrlptlon i (b) Schedule for: I (7) Intamst/E,tale Transtanld Document New Easement i Additional I ~ ~ Contains Plan/Sketch [] 't Description [] PaA~ea [] Othe~* [] Easement Date of Signature .... ~. o. u.c.~.c.~.E.s7..cg.u .ST~. u.c. TI.qN' .IF.C: ................... .~.~~ ~ · .~.... I..1.9.8.6.1.~.?. J .~. .............................................. "' ' ' .................................... i , ............... Larry B'~l~f~' ~' ............. I ! i ¢' ......... I''' (9) Spouse(s) of Transferor(I) I hereby consent to this transection Date of Signature Name(s) Signature(s) y M D (10) Trecstaror(i) Address forServlce 60 Esna Park Drive, Markham, Ontario L3R 1E2 ~>(11) Transleree(I) < D TIlE CORPORATION OF TIlE TOWN OF PICKERINC | (12) Transferee(s) Addmse forServlce 1710 Kingston Road, Pickering, Ontario LIV 1C7 ~ (13) Translaro~l) The transieror verifies that i I Planning Act, 1983. Date of Signafure Date of Signature Y M , O~ Y M O I Sollcllor for Transtaro~(s) I have explained the effect of section 49 el the Planning Act, 1983 to the transferor and I have made Inqutriee of the transferor .~ to delermine fhal this fransler doe~ not conlravene that section and based on the informalion supplied by the translator, to the best of my knowledge z I and belief, Ihls transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature _0 Name a~d ~ Y M , D 0 Solicitor " ...................................... I [~]-~ (14) Sollcltm'lorTranllm~le(i)I havelnvesligated Ihe title to lhle land and to abuttlng land where relevant and l am sellsfled thal lhe title records "~o~] ~''~ ~'1 reveal no contravention as set out In subclause 49 (2fa) (c) (h)' of Ibe Planning Act 1983 and that to the best of my knowledan~]l ame and belial this lc ,E;~J I transfer does nol conlravece section 49 of the Planning Act 1983. I act independently of the solicitor for the transferor(s)an Ontario E I-~ ~ I~l solicitor in good standing. ' ~E Address of V M O ~ Solicitor ~ Signs ure .......................... ! ............. (15) Assasemenl Roll Number el Property (16) Municipal Addrese of Property Not assigned ! C~' Mun' MaP ! Sub'I Pu' i Not assigned (17) DocumanlPr~ar~ by: Terence S. Dineen, Barrister and Solicitor, 60 Esha Park Drive, Markham, Ontario L3R IE2 Parr of Parcel Plan -1 Section 40M-~4~ Town of Pickering, Regional Municipality of Durham Additional: see [] Dollars $ 2. O0 Division [] Consolidation [] o, Schedule and/or OIh~r Inlormallon EASEMENT The Trausferor transfers to tile Transferee the right, interest and easement on, over, under and through tile described lands of the Transferor as the servient tenement for the following purposes, namely: Tbs free uuinterrupted and unobstructed right and easement in perpetuity to construct, operate and malu~aln storm water run-off including the installation and maintenance 0f catch basius, together with auy and ail appurtenances thereto as may be required from time to time in, under and across the lands described herein. TOGETIIER with the right of the Transferee, ice successors and assigus and its and their servants, ageuts aod workmeo with ali necessary equipment, machinery and vehicles to enter upon said lands at all times and to pass aud.repass thereon for the purpose of constructing and reconstructiug~ ~xamlntng, repairing, renewing or replacing and maintaining the said storm water ru[t off and catch basins or a~y part thereof wl~ether or no~ any parg to be as constructed, repaired, renewed, replaced or maintained is situate on the lands described herein. :1'O IIAVB ANU TO HOLD the ~aid ea~emen~ tn, under a~d across the lands described herein unto the Transferee, its successors and assigs for its aud their sole and only use forever. ~O the Transferor covenants'that it will not erect any buildings or structures, place or remove any fill on auy part of'the lands herein. ~O the Trausferor hereby releases the Transferee f~6m any and every claim which may or might arise out of ~he exercise by the Transferee of auy of the rights granted by this indeuture or which may arise ou~ of the existence or operation of the storm water rum off and catch bastus and accepts the consideration above-mentioned in full satisfaction of ail such claims, provided the Transferee fills in ail excavations and as far as is practicable, rights thereby g~anted. ~D the Trausfe[or covenants [hat i~ will execute such further assurances of the said rights as may be required by the Transferee. IT is understood'and agreed by and between the pa~ties hereto that the burden of this Indenture and all of the covenants herein contained shall run with the lands hereinbefore described and the beuefit of this indenture 'and ali of ~he covenants he~ein contained shall run with all other lauds and interests iu land owned, occupied or used by the Transferee, its eucces~o~ and assigus for the purpose of operatiug and maintaining the said storm water run off and catch basins, aud tha~ this tndontu~e shall be binding upon and enure Lo the benefit of the parties hereto, ~heir respective heirs, executors, administrators,. successors aud assig~ts. ,< Schedule S Form $ -- Land Reglllrelloa Reform Ael, 1~84 ,...~/ Page ~Ad~llonM P;O~Hy IdenllRe~s) ancot Oiler Infm*mel~n PIRS'I%Y- Part of Parcel-1 section being Part of Lot 1, Plan 40M-~Oin the Town of Pickering, in the Regional Municipality of Durham, more particularly described as Part I on Plan 40R-/OO~~ SECONDLY - Part of Parcel-1 Section 40M-~O being Part of Lot 49, Plan 40M-~446~in the Town of Pickering, in the Regional Municipality of Durham, more particularly described as Part 1 on Plan 40R-/~O THIRDLY- Part of Parcel-I Section 40M-~ being Part of Lot 50, Plan 40M-~4~in the Town of Picketing, in the Regional Municipality of Durham, more particularly described as Pert 2 on Plan 40R-~O~O FOURTHLY- Part of Parcel-I Section 40M-~ being Part of Lot 53, Plan 40M-~in the Town of Picketing, in the Regional Municipality of Durham, more particularly described as Part 1 on Plan FIFTHSY' Part of Parcel~l Section 40M-;~O being Part of Lot 54, Plan 40M-~4~in the Town of Picketing, in the Regional Municipality of Durham, more particularly described as Part 2 on Plan SIXTHLY- Part of Parcel-I Section being Part of Lot 57, Plan 40M-~in the Town of Picketing, in the Regional Municipality of Durham, more particularly described as Part 1 on Plan 40R-]~O~ SEVENTHLY' Part of Parcel-I Section 40M-~4~ being Part of Lot 58, Plan 40M-~Oin the Town of Pickering, in the Regional Municipality of Durham~ more particularly described as Part 2 on Plan 40R-/~O~