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Home My WebLink AboutBy-law 2548/87THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2548 /87 Being a by-law to authorize the execution of a Transfer of Easement (for sanitary sewer pur- poses) from The Corporation of the Town of Picketing to The Regional Municipality of Durham over Blocks 76 & 77, Plan 40M-1416, Pickering WHEREAS, The Corporation of the Town of Pickering is the owner of Blocks 76 & 77, Plan 40M-1416, Pickering, and, pursuant to the provisions of section 193(1) of the Municipal Act, R.S.O. 1980, chapter 302, the council of corporation may pass by-laws for disposing of 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 Easement (for sanitary sewer purposes), in the form attached hereto as Schedule A, from the Corporation of the Town of Pickering to The Regional Municipality of Durham, respecting sanitary sewer easements over Blocks 76 & 77, Plan 40M- 1416, Pickering. BY-LAW read a first, second and third time and finally passed this 4th day of August, 1987. ~~,~~/ohn E. An~deFson,~ ~ ,// BFuce Taylor, New Property Identifiers Schedule Additional: See Schedule [] SCHEDULE A Transfer/Deed of Land A fa) This fa) Redescription Do~ment New Easement Con~lns Plan/Sketch i(b) Schedule for: [] Description [] TN0 .................. _~o. mm$ 2.00 (5) Deecflplfon This la a: Properly ~ Property n FIRSTLY: Block 76,Div~°~nL~M-C~°(~l,dmt~s~nated as Part of Part 3, 40R-8885, being Parcel 76-1, Section 40M-1416; SECONDLY: Block 77, Plan 40M-1416, designated as Part of ~ ~,, ~0R-8885, being Part of Parcel Reserves - l, [ Section 40M-1416, Town of Picketing, Regional Municipality of Durham Additional Parties [] Other [] I~llm~l~slatlTrl~feffld $1mpM Sanitary Sewer Easement Rights only Transteromls) The transferor hereby transfers the lend to the transferee and certifies that the tmnsteror is et least eighfee~ yearn old and that Date of Signature ............................................................................... Y M O Name(s) THE CORPORATION OF THE TOWN OF PICKERING signatumls} ) i Mayor Clerk [ I , I < Date of Signature of Transferor(a) I hereby consent to this transaction Name(s) Signature(s) Y M O (10) Transferor(al Addra~ forSe~ 1710 Kingston Road, Picketing, Ontario L1V lC7 I1) Transteree(a) Date of ~dbX < Y M O THE REGIONAL MUNICIPALITY OF DURHAM sign~tu~,e , ............... G.. Herrema ~-Ohai.r~n ................ £..-W...bund>',..Gl.ewk. .......... ! ......~... ~-.. (12) Transte~(i) Addm~. to, s~t~ 605 Rossland Road East WhttbyOntario L1N 6A3 (13) Tramlferolll) The transferor verlfies that to the best of the trensferor'a knowledge and belief, this transfer doe~ not contravene section 49 of the I Planning Act, 1983. Data of Signature Date of Signature ] Solicitor fo~ Transteror(s) I have explained the effect of section 49 of the Planning Act, 1983 to the transtector end I have mede Ingulrles of the transferor ~[ to determine that this transfer does not contravene that section and heesd on the infOrmation supplied by the transferor, to the best of my knowledge z ! end belief, this transfer does not contravene that section. I em an Ontedo soilcffo~ in good standing. Date of Signature -OlName and ' Y I M i O ~m Address of OlSoliclto~ ~ignstura ......................................... I (14) 8o&dt~' fee Tr~tefe~(i) I have Investigated the title to this land and to ebufflng lend where referent end I am estisfled thee the tlbe records -m~ a r~el no contravention aa set out in subeieues 49 (21e) (c) (ii) of the Planning Act, 19~3 and that to the best Of my knowied~la end {~lef this ~[~ transfer does not contravene escti~ 49 Of the Piennthg Act 19~3. I act independentty of the ~licffor for the tranafero~'(a) en~ I am an Ontario c ~I solicito~ In good standing. ~]i~-' Nameand Date of Signatura I~x~5'~Address of Y M D So,c,or Signature .................................. (la) As~esmenl ROfl Numb~ of Prppedy (le) Munlcipst Ad(kees of Property not available 10173 (12/84) Region of Durham 605 Rossland Road East Whitby Ontario L1N 6A3 I Jll ,,- Tee oqln lstrat ~1Lend Tranaf~ T~ Schedule Fora1 5 -- Land Regletrlllon Refoml Act, 19e4 Page · Addltlonil Propen~y Identifier(s) Mld/or OthM' Informltlon ADDITIONAL COVENANTS The Transferor hereby transfers tmto the Transferee, its successors and assigns, the free uninterrupted and unobstructed right and easement to construct, operate and maintain such sanitary sewer or sewers together with any and all appurtenances thereto as may be required from time to time in, under and across lands described in Box 5 hereof. TOGETHER with the right of the transferee, its successors and assigns and its and their servants, agents, contractors and workmen with all necessary materials, equipment, machinery and vehicles to enter upon the said lands at all times and to pass and repass thereon for the purpose of installing, constructing, reconstructing, examining, altering, repairing, renewing or replacing, (including replacement wi. th sanitary sewer or sewers of larger size or capacity) and maintaining the said sanitary sewer or sewers or any part thereof whether or not any part to be so constructed, installed, repaired, renewed, altered, replaced or maintained is situate on the land described in Box 5 hereof. TO HAVE AND TO HOLD the said easement or right in the nature of an easement, on, in, across, under and through the lands described in Box 5 herein unto the transferee, its successors and assigns for its and their sole and only use forever. AND the Transferor covenants that it will not erect any building or structure, place or remove any fill on any part of the said lands in Box 5 hereof. AND the Transferor hereby releases the Transferee from any and every claim which may or might arise out of the exercise by the transferee of any of the rights granted by this indenture or which may arise out of the existence or operation of the sanitary sewer or sewers and accept the consideration abovementioned in full satisfaction of all such claims, provided the transferee fills in all excavations and as far as is practicable, restores the surface to the condition existing prior to any entry thereon to exercise the rights hereby granted. AND The Transferor covenants with the Transferee that it has the right to convey the said rights and easements to the Transferee, notwithstanding any act of the Transferor. AND the Transferee shall have quiet possession of the said rights and easements, free from all enc ombrances, save as hereinafter mentioned. AND the Transferor covenants with the Transferee that it will execute such further assurances of the said rights and easements as may be required by the Transferee. 10178 69 $4,40 [ 34.4O 67 34,40 65 t~ 7~° 5~'O0~E 34.~ 63 62 61 E R:4.50 A:f*TG C= 1.74 N 16°06'50"W 77 g 47 ~ 46 ~ 45 47.99 ~ 44 Nn%tO0'~ 3300 42.99 3390 42 41 4O N 72Osfoo'*E 21.61 Iql. O6 22 24 26 39 38 37 28 29 42.42 30 0 '' 32 O. 7 GO ':'*Y 58 'L ~. 57 55 3G Town of Pickering Legal Department John Boddy Developments Limited - Blocks 76 and 77, Plan 40k~1416 - Sanitary Sewer Fasenent (Region of Durham)