HomeMy WebLinkAboutBy-law 2405/87THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2405/87
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 Picketing over Part Lots 26 and
27, Plan 40M-1439 (Parts 1 and 2, Plan
40R-10017).
WHEREAS, The Corporation of the Town of Pickering requires storm sewer easements
over those parts of Lots 26 and 27, Plan 40M-1439, Pickering, designated as (Parts 1
and 2, Plan 40R-10017, for the purpose of draining storm water through Plan
40M-1439, and pursuant to the provisions of section 193 of the Municipal Act, R.S.O.
]980, 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 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 26 and 27, Plan 40M-1439, Picketing, designated as Parts ] and
2, Plan 40R-10017.
BY-LAW read a first, second and third time and finally passed this 2nd day of
March, 1987.
TOWN OF
APPROVED
AS TO FORM
New Property Identifiers
Additional:
See
Transfer/Deed of Land
Fom~ -- Lend Reglstrallon Reform Acl, 1984
A
(1) Reglst~ [] Lend TIIles [] Page I of ~ pages
(3) Property Block Property
(4) Consideration Two
Dollars $ 2. OD
Division [] Consolidalion []
Part of Parcel Plan -I
Section
Town of Pickering, Regional Hunicipality of Durham
(6) This (a) Redescription i(b) Schedule lot: I (7) Interest/Estate Transferred
Document New Easement ; Additional I
Con,sins Plan/Skeloh [] ;I DescdpUon [] Parties [] Omor [] Easement
(6) Translero~(s) The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years old and that
Date of Signature
.... R.O.U.G.E. qR.E.S.T..C.OtflS. TI~t~C.T.I.O.N' .I.N.C: .................. ~ .,"~'~'5C~....~... 1986
,
(9) Spouse{s) ol Transferor(s) I hereby consent to this transaction Date of Signalure
Name(s) Signature(s)
(10) Transferor(s) Address
IorSe~lce 60 Esna Park Drive, Harkham, Ontario L3R IE2
11) Transleree(s) ~
Y M O
Tile CORPORATION OF TilE TOWN OF PICKERING t... i'''
............................................. ...... t ,
....................... ' ...................... ' ...........
(12) Transferee(s) Address
IorServloe [7[0 Kingston Road, Pickering, Ontario LIV 1C7
(13) Transferor(s) 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
Y M O
Sollcllor or Transferor(s) I have explained the effect of section 49 of the Planning Act, 1983 to the transleror and I have made inquiries of the transferor
Io determine thai this transfer does nol contravene that section and based on the Information supplied by the transferor. Io the besl el my knowledge
and belief, this transfer does nol contravene that section. I am an Ontario solicitor In good standing. Date of Signature
Name and ~ Y M . O
Address of
SollcllOr Signature .......................... J ...... ! .......
Address of
Solicitor
(14) Solicitor for Transferee{s) I have Investigated the title to this land and to abutting land where relevant and I am satisfied that the title records
reveal no contravention as set out in subclause 4g (21a) c) (ii of the Planning Act. 1983 and that to the best of my knowledge and belial this
transfer does not contravene section 49 of the Planning Act 1983. I act independently of the solicitor for the transferor(s) and l am an Ontario
solicitor In good standing.
Cly. [ Mun' Map
(15) Assessmenl Roll Number
o! Property
?(16) Municipal Address of Prope~y
Not assigned
Date of Signature
Y M D
SIgneture .......................... ! ...... I
Ill Fees and Tax
, Regist~ation Fee
(17) Document Prepared by:
Terence S. Dineen, ~O~L
Barrister and Solicitor,
60 Esha Park Drive, :
Markham, Ontario {
, "'* o, Sche ule
·" Folm 5 -- L.nd noglllrallon nelonn Acl, 1984 Page
y IG~nlllle~(~) and/or Olher InlormaUon
gAS EMI".NT
The Transferor trsasfere to tile Transferee the right, interest and easement on, over,
uader sud through the described lands of ~he Trausferor as the servient ~enement for ~he
follow~a~ purposes, namely:
Tile free un~u~errup~ed and unobstructed r~b~ and ease~an~ in perpetui~y ~o
o~era~e and malntala s~orm water ruu-o~f includiuE ~he ~nstalla~ion and maintenance of
basius~ ~o~e~ber w~th auy and all appur~euances thereto as may be required from t~me ~o time
~u, under sad across the lauds described here~n.
TOGETHER wl~b tbs right of ~he Transferee~ its successors and ass~Eas and its and ~heir
servants, a~ents sad workmen wi~h all necessary equipment, machi~ery and vehicles to eater
upon sa~d laads at all times aud ~o pass and repass thereon for ~he purpose of constructin~
sad recons~ruc~iuE~ ~xamiulaE, repalrlu~ reuew~n~ or replacin~ and main~a~n~ ~he sa~d
storm water rua off and catch bas,ns or any part ~hereof whether or not any part to ~e so
constructed, repaired, reuewed, replaced or main~aluad is situate on the lands
be~eiu.
,TO I[AVE ~D TO HOLD the said easemen~ in, uader and across che lands described herein
unto tbs Transferee, ils successors mid asstgs for tea aud their sole and oaly use forever.
~D ~be Transferor coveuan~s'~hat it will ~o~ erect any buildings or s~ructures, place
or remove say Jill on any par~ of" the lands herein.
~D the Trausfezor hereby releases the Trausferee from any and every claim which may
might arise out of ~be exercise by Lhe Trallsferee of any of the rights granted by this
indenture or which may arise out of the existeuce or operatlou of tbs storm water run off
aud catch basius and accepts tbs consideratiou above-meuttoned in full satisfactio~ of all
such claims, provided the Transferee fills in all excavmtioas mhd as f~r ss is practicahle~
reptores th~'surface to tlie condit%on ~xisting prior to any entry thereon to exercise the
rights thereby granted.
~D tile Trausferor coveaants ~bat i~ will execute such further assurances of the said
rights as may be required by the Transferee.
IT is understood'and agreed by sad betweeu the parties hereto that the burden of this
indenture and ail of the covenants herein coutaiued shall ruu with the lands hereinbefore
described aad the benefit of this indenture 'a~d al~ of the covenaats herein contained shall
run with ail other lands aud iuterests in laud owued, occupied.or used by the Transferee,
its successors aud assigns for the purpose of operating and maintaining the said sto~
water rua off aad catch basius, aud that this indCuture shall be binding upon and enure
the benefit of the parties hereto, their respective heirs, executors, administrators,.
Schedule
Form 5 -- Land Reglllretlort Relom Act, 1984
Page
~Addlllonal Property Idenlllle~(~) end/or Other Inlmmetlon
FIRSTLY '
Part of Parcel-I Section 40M-I~
being Part of Lot 26, Plan 40M-~ in the Town of Picketing, in the Regional Municipality
of Durham, more particularly described as Part I on Plan 40R-/OD/7
SECONDLY'
Part of Parcel-1 Section 40M-
being Part of,Lot 27, Plan 40M-/~in the Town of Picketing, in the Regional Municipality
of Durham, more particularly described as Part 2 on Plan