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HomeMy WebLinkAboutBy-law 1502/82THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1502/82 Being a By-Law to authorize the execution of an Agreement for Dedication of Parkland and Grants of Easement, between Ontario Land Corporation and the Corporation of the Town of Pickering respecting the acquisition of part of Lots 19 and 20, and road allowance between Lots 20 and 21, Concession 3 (Brock Road/Dersan Street) WHEREAS pursuant to the provisions of section 336 of the Municipal Act, R.S.O. 1980, chapter 302, the council of every corporation may pass by-laws for acquiring any land required for the purpose of the corpora- tion; and WHEREAS it is deemed desirable to acquire certain 20, and the road allowance between Lots 20 and 21, ering, for future parkland purposes; land in Lots 19 and Concession 3, Pick- 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 an Agreement for dedication of community lands, in the form attached hereto as Schedule "A", between Ontario Land Corporation and the Corporation of the Town of Pickering respecting, (a) those portions of Lot 19, Concession 3, designated as Parts 26, 27, 31, 32, 36 and 40, Plan 40R-6934; (b) that portion of Lot 19 and 20, Concession 3, designated as Part 37 on Plan 40R-6934; (c) those portions of Lot 20, Concession 3, designated as Parts 4, 5, 9, 10, 11, 12, 13, 17, 19, 20, 21, 22, 23, 24, 25, 28 and 29, Plan 40R-6934; and (d) those portions of Lot 20, Concession 3 and the road allowance between Lots 20 and 21, Concession 3, designated as Parts 1, 7, 8, 16 and 18 on Plan 40R-6934. e The Mayor and Clerk are hereby further authorized to execute Grants of Easement, in the form attached hereto as Schedules "D" and "E" to Schedule "A" attached hereto, between the Corporation of the Town of Pickering and Ontario Land Corporation respecting, (a) those portions of Lot 20, Concession 3, designated as Parts 21, 25, 28 and 29 on Plan 4~6934; and (b) (i) those portions of Lot 19, Concession 3, designated as Parts 26, 27 and 31 on Plan 40R-6934; and (ii) those portions of Lot 20, Concession 3, designated as Parts 4, 5, 9, 10, 11, 12, 13, 20, 22 and 24 on Plan 40R-6934, respectively. - 2 - BY-LAW read a first, second and third time and finally passed this 7th day of June , 1982. SCHEDULE "A" TO BY-LAW NUMBER 1502/82 AGREEMENT FOR PREDEDICATION OF COMMUNITY LANDS BETWEEN: ONTARIO LAND CORPORATION (hereinafter called "OLC") OF THE FIRST PART, - and- THE CORPORATION OF THE TOWN OF PICKERING (hereinafter called the "Town") OF THE SECOND PART. WHEREAS OLC is the registered owner in fee simple of the Land described in Schedule "A" hereto; and WHEREAs OLC proposes to dedicate the land to the Town for community purposes; NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT: 1. DEFINITIONS The following words and expressions wherever used in this Agree- ment shall have the following meanings: (a) "Acceptance of this Agreement" means execution and delivery by the Town to OLC; (b) "Agreement" means this document as originally signed and delivered and as amended from time to time; (c) "Dake of Acceptance" means the date that this Agreement is executed by OLC and delivered to the Town as indicated in the signature page of this Agreement; (d) "Date of Closing" means the day of unless extended as provided for herein; , 19 , (e) "Land" means the land described in Schedule "A" hereto attached, together with all buildings and structures presently located thereon and owned by OLC. 2. CONSIDERATION In consideration of the premises and of the covenants herein, (a} OLC shall convey, on the Date of Closing, the Land in fee simple, free of encumbrances, to the Town for the sum of $2.00 (Two Dollars), upon and subject to the terms and con- ditions of this Agreement; - 2 2. CONSIDERATION (Cont'd) (b) 'The Town shall, from time to time, reduce, by a total of 9.222 hectares, its requirements for community park dedi- cations relating to the development of future residential subdivisions of the Land of OLC in the area described in Schedule "B" of this Agreement. 3. COVENANTS OF THE TOWN (1) The Town covenants with OLC: (a) that the Town will use the Land for no other purposes except community purposes; and (b) that OLC may in any conveyance of the Land to the Town insert a covenant which the Town will enter into, to the effect that the Land will be used for no other purposes. (2) The Town further covenants with OLC that the Town will reduce its requirements for community park dedication as provided in section 2 (b), above, when requested by OLC. (3) The Town shall deliver to OLC on the Date of Closing, to be registered immediately after the conveyance to the Town such easements as are more particularly described in Schedule "C" hereto, with all rights to transfer such easements as OLC deems advisable. 4. PAYMENT OF TAXES & OTHER CHARGES The Town shall assume, property taxes, rates, against the Land. from and after the Date of Closing, all charges and assessments now existing TITLE (1) The Town may examine the Title at the Town's own expense and the Town may not call for production of any Title Deed or Abstract of Title or to have furnished other copies thereof other than those in OLC's possession or under its control. (2) The Town is allowed thirty (30) days from the Date of Accep- tance of this Agreement by OLC to examine the title, and if within that time, the Town furnishes OLC, in writing, with any valid objection to the title, which OLC is unwilling or unable to remove, and which the Town will not waive, this Agreement will be null and void, and neither OLC nor the Town will be liable for any costs or damages, but if no valid objection to the title is made within the said time, the To%~ is conclusively deemed to have accepted the title of OLC to the Land. 6. CONVEYANCE & POSSESSION OF THE LAND (1) On the Date of Closing, OLC shall convey the Land to the Town by a good and sufficient Deed or Transfer. (2) OLC shall give the Town possession of the Land on the Date of Closing, subject to any lease agreements presently in force for the Land. - 3 - 6. CONVEYANCE & POSSESSION OF THE LAND (Cont'd) (3) OLC and the Town acknowledge that certain of the leases on the Land may include additional land to the Land being the subject of this Agreement; when a sttrvey is prepared, which is being prepared by OLC at OLC's expense and which will be prepared on or before the Date of Closing, OLC and the Town will apportion the rental revenue so that the Town will receive only that portion of the rental revenue that applies to the Land conveyed to the Town. 7. GENERAL CONDITIONS (1) Ail documents necessary to transfer title, including surveys, shall be prepared by OLC, at its expense, but each Party shall be responsible for its own legal and registration costs. (2) Tender of documents or money may be made upon the solicitor for either Party. (3) (4) This Agreement when accepted constitutes a binding Agreement and time is in all respects of the essence hereof. This Agreement is open for acceptance by OLC until one minute before midday on the day of , 198 , after which time if not executed by OLC and delivered to the Town or its solicitor, it shall become null and void. (5) The Land remains at the risk of OLC until the Date of Clos- ing. (6) The Town and OLC shall adjust applicable taxes, grants-in- lieu of taxes and utility charges, if any, as of the Date of Closing. (7) This Agreement enures to the benefit of, and is binding upon, the Parties hereto and their successors and assigns but no assignment of this Agreement is valid unless it has first been approved in writing by OLC. (8) Any of the covenants and conditions of this Agreement not completed on or before closing survive the closing of the conveyance of the Land and do not blend or meld or merge with the delivery of title to the Land by OLC to the Town as provided herein. {9) Schedules "~', "B", "C", "D", "E" and "F" attached hereto for all purposes form an integral part of this Agreement. (10) The captions and headings in this Agreement are for reference only and do not affect the meaning of anything in this Agree- ment. (11 Any notice, demand, request, consent, approval, disapproval, acknowledgement, or other matter which either Party hereto may desire or be required to give to the other Party hereto with regard to any matter or thing in this Agreement con- tained shall be in writing and shall be personally served upon OLC addressed to Ontario Land Corporation, 60 Bloor Street West, 10th Floor, Toronto, Ontario, M4W 3K7, marked to the attention of the Director, Land Operations, or upon the Town, addressed to The Corporation of the Town of Pickering, 1710 Kingston Road, Pickering, Ontario, L1V 1C7, marked to the attention of the Town Clerk and every such notice, or other document referred to above shall be deemed to have been given on the date when it was so personally served; either Party may from time to time give notice in writing to the other Party of any change of address of the Party giving such 7. GENERAL CONDITIONS (Cont'd) notice and from and after the giving of such notice the address therein specified shall be the address of such Party for the giving of notices thereafter. IN WITNESS WHEREOF, the Parties hereto have signed this Agreement under Seal this day of , 19 SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Mayor Accepted by OLC this Clerk day of , 198 SIGNED, SEALED & DELIVERED ONTARIO LAND CORPORATION By its Authorized Signing Officers Chief Executive officer Corporate Secretary SCHEDULE "A" In the Town of Pickering, in the Regional Municipality of Durham, in the Province of Ontario, and being: FIRSTLY: Those portions of Lot 19, Concession 3, designated as Parts 26, 27, 31, 32, 36 and 40 on Ontario Land Corporation Plan 6350-407, duly deposited in the Land Registry Office for the Registry Division of Durham at Whitby as Plan 40R-6934. SUBJECT TO an easement in favour of Ontario Hydro as described in Instrument Number 31789, duly registered in the said Land Registry Office over said Parts 27 and 36; TOGETHER WITH a right of way at all times over along and upon that portion of Lot 19, Concession 3, designated as Part 41 on said Plan 40R-6934 for the purpose of ingress and egress from the public highway known as Brock Road to said Part 40 until such time as said Part 41 is dedicated as public highway. SECONDLY: That portion of Lots 19 and 20, Concession 3, designated as Part 37 on said Plan 40R-6934. THIRDLY: Those portions of Lot 20, Concession 3, designated as Parts 4, 5, 9, 10, 11, 12, 13, 17, 19, 20, 21, 22, 23, 24, 25, 28 and 29 on said Plan 40R-6934; SUBJECT TO an easement in favour of Ontario Hydro as described Instrument Number 31910, duly registered in said Land Registry office over said Parts 13, 19, 20 and 28; SUBJECT TO an easement in favour of Husna Tayyeb as described in Instrument Number D91915, duly registered in the said Land Reg- istry Office over said Part 17; SUBJECT TO a right of way in favour of all those entitled thereto over along and upon said Parts 5, 11, 23, 24, 25, 28 and 29; TOGETHER WITH a right of way in common with others over along and upon that portion of Lots 19 and 20 designated as Part 46 on said Plan 40R~934. FOURTHLY: Those portions of Lot 20, Concession 3 and the road allowance between Lots 20 and 21, Concession 3, duly closed by By-Law 800 duly registered in said Land Registry Office as Instrument Number 22182, designated as Parts 1, 7, 8, 16 and 18 on said Plan 40R- 6934. SCHEDULE "B" In the Town of Pickering, in the Regional Municipality of Durham, in the Province of Ontario and being those lands designated as Part 1 on Ministry of Housing Expropriation Plan 6350-036, duly registered in the Land Registry Office for the Registry Division of Durham at Whitby as No. 263 (EXP.) SCHEDULE "C" Permanent, perpetual easements in the form attached hereto as Schedule "D" to construct and maintain such sanitary sewer or sewers as may be required from time to time on, in, under and across the following lands: In the Town of Pickering, in the Regional Municipality of Durham, in the Province of Ontario and being those portions of Lot 20, Concession 3, designated as Parts 21, 25, 28 and 29 on Ontario Land Corporation Plan 6350-407, duly deposited in the Land Reg- istry Office for the Registry Division of Durham (No. 40) at Whitby as Plan 40R-6934 as shown, for illustrative purposes, on Schedule "F" to this Agreement. Temporary, terminable, renewable ten-year easements in the form attached hereto as Schedule "E" for access (for the construction o~ a sanitary sewer or sewers on adjacent easements) from time to time on and across the following lands: In the Town of Pickering, in the Regional Municipality of Durham, in the Province of Ontario and being: FIRSTLY: Those portions of Lot 19, Concession 3 designated as Parts 26, 27 and 31 on Ontario Land Corporation Plan 6350-407, duly deposited in the Land Registry Office for the Registry Divi- sion of Durham at Whitby as Plan 40R-6934; and SECONDLY: Those portions of Lot 20, Concession 3, designated as Parts 4, 5, 9, 10, 11, 12, 13, 20, 22 and 24 on said Plan 40R-6934 as shown, for illustrative purposes, on Schedule "F", to this Agreement. SCHEDULE "D" THIS GRANT OF EASEMENTS made the day of · 1982. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Grantor" ONTARIO LAND CORPORATION hereinafter called the "Grantee" In consideration of the sum of Two Dollars ($2.00) of lawful money of Canada, now paid by the Grantee to the Grantor, the receipt whereof is hereby acknowledged, the Grantor hereby grants and conveys in perpetuity to the Grantee, its successors and assigns, the rights and easements: (a) (b) To enter and lay down, install, construct, maintain, open, inspect, add to, alter, repair and keep in good condition, remove, replace, relocate, reconstruct, supplement and oper- ate one or more sewer mains or any part thereof, including all appurtenances necessary or incidental thereto, on, in, across, under and through the land (herein called "the strip") described in Schedule "A" hereto annexed; To keep the strip clear of all brush, trees and other obstruc- tions of any nature whatsoever as may be necessary to the exercise and for the enjoyment of the rights and easements herein granted; (c) For the servants, agents, contractors and workmen of and other persons duly authorized by the Grantee· at all times and from time to time to pass and repass with all plant, machinery, material, vehicles and equipment as may be neces- sary, along the strip for all purposes necessary or incidental to the exercise and for the enjoyment of the rights and ease- ments herein granted; subject to any prior rights and easements that may have been granted to others. The aforesaid rights and easements are herein granted on the following terms and conditions which are hereby mutually coven- anted and agreed to by and between the Grantor and the Grantee: (a) Upon the completion of the construction of the aforesaid sewer main or mains and of any installation, replacement, maintenance, inspection, repair, alteration or removal work subsequent thereto, the Grantee shall fill in all excavations in the strip and as far as practicable restore the surface thereof to the same condition as that in which it was found prior to the commencement of the work and shall remove all equipment and rubbish; - 2 - (b) (c) (d) The Grantor shall not excavate, drill, install, erect, build or permit to be excavated, drilled, installed, erected, or built, on, in, over, through or under the strip any pit, well, pavement, building, structure or other obstruction of any nature whatsoever without the prior written consent of the Grantee, which written consent shall not be unreasonably withheld but otherwise the Grantor shall have the right fully to use and enjoy the strip subject always to and so as not to interfere with the rights and easements hereby granted to the Grantee; Notwithstanding any rule of law or equity, the sewer main or mains and all other equipment and appurtenances brought on to, laid on or erected upon, or buried in or under the strip by the Grantee shall at all times remain the property of the Grantee notwithstanding that the same may be annexed or affixed to the freehold and shall at any time and from time to time be removable in whole or in part by the Grantee or its successors and assigns; The rights and easements hereby granted are and shall be of the same force and effect to all intents and purposes as a covenant running with the land and this grant, including all the covenants and conditions herein contained, shall extend to, being binding upon and enure to the benefit of the successors in title and assigns of the parties hereto respec- tively, and all covenants herein contained shall be construed to be several as well as joint, and wherever the singular or masculine is used, it shall be construed as if the plural or the feminine or the neuter as the case may be, had been used, where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes thereby rendered necessary had been made. 3. The Grantor covenants with the Grantee that: (a) the Grantor has the right to convey the said rights and ease- ments to the Grantee notwithstanding any act of the Grantor; (b) the Grantee shall have quiet possession of the said rights and easements, free from all encumbrances, save as may be in existence at the date hereof; (c) the Grantor will execute such further assurances of the said rights and easements as may be requisite; and (d) the Grantor has done no act to encumber the said land. IN WITNESS WHEREOF the said parties hereto have hereunto affixed their corporate seals, duly attested by the hands of their proper authorized officers. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk ONTARIO LAND CORPORATION Per: Per: SCHEDULE "A" ALL AND SINGULAR those certain parcels or tracts of land and premises situate, lying and being in the Town of Pickering, in the Regional Municipality of Durham, in the Province of Ontario and being those portions of Lot 20, Concession 3, designated as Parts 21, 25, 28 and 29 on Ontario Land Corporation Plan 6350-407, duly deposited in the Land Registry Office for the Registry Division of Durham INo. 40) at Whitby as Plan 40R-6934. SCHEDULE "E" THIS GRANT OF EASEMENTS made the day of , 1982. BETWEEN : THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Grantor" ONTARIO LAND CORPORATION hereinafter called the "Grantee" In consideration of the sum of Two Dollars ($2.00) of lawful money of Canada, now paid by the Grantee to the Grantor, the receipt whereof is hereby acknowledged, the Grantor hereby grants and conveys to the Grantee, its successors and assigns, the rights and easements: To enter on, use and enjoy the land (herein called "the strip") described in Schedule "A" hereto annexed, for the purpose of facilitating the construction of one or more sewer mains or any part thereof, including all appurtenances neces- sary or incidental thereto, on, in, across, under and through lands adjacent to the strip, it being understood that this right and easement shall constitute a temporary working easement only. The aforesaid rights and easements are herein granted on the following terms and conditions which are hereby mutually covenanted and agreed to by and between the Grantor and the Grantee: (a) ' Upon the completion of the construction of the aforesaid sewer main or mains and of any installation, replacement, maintenance, inspection, repair, alteration or removal work subsequent thereto, the Grantee shall fill in all excavations in the strip and as far as practicable restore the surface thereof to the same condition as that in which it was found prior to the commencement of the work and shall remove all equipment and rubbish. (b) The Grantor shall not excavate, drill, install, erect, build or permit to be excavated, drilled, installed, erected, or built, on, in, over, through or under the strip any pit, well, pavement, building, structure or other obstruction of any nature whatsoever without the prior written consent of the Grantee, which written consent shall not be unreasonably withheld but otherwise the Grantor shall have the right fully to use and enjoy the strip subject always to and so as not to interfere with the rights and easements hereby granted to the Grantee. - 2 - (c) (d) Notwithstanding any rule of law or equity, all equipment and appurtenances brought on to laid on or erected upon the strip by the Grantee shall at all times remain the property of the Grantee notwithstanding that the same may be annexed or affixed to the freehold and shall at any time and from time to time be removable in whole or in part by the Grantee or its successors and assigns. The rights and easements hereby granted are and shall be of the same force and effect to all intents and purposes as a covenant running with the land and this grant, including all the covenants and conditions herein contained, shall extend to, being binding upon and enure to the benefit of the successors in title and assigns of the parties hereto respec- tively subject to the provisions of section 3, below, and all covenants herein contained shall be construed to be several as well as joint, and wherever the singular or masculine is used, it shall be construed as if the plural or the feminine or the neuter as the case may be, had been used, where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes thereby rendered necessary had been made. This right and easement shall terminate and have no further force and effect upon the expiration of, (i) two years after the completion of the construction referred to in section 1, above, or (ii) ten years from the date of registration hereof, whichever first occurs, provided that, in the event that it is terminated without the construction being completed, the Grantee may apply to the Grantor for a renewal thereof, which renewal shall not be unreasonably withheld, for a further period of ten years, subject to the same terms and conditions as are herein set out, including this renewal provision. 4. The Grantor covenants with the Grantee that: it has the right to convey the said rights and easements to the Grantee notwithstanding any act of the Grantor; (b) the Grantee shall have quiet possession of the said rights and easements, free from all encumbrances, save as may be in existence at the date hereof; (c) the Grantor will execute such further assurances of the said rights and easements as may be requisite; and (d) the Grantor has done no act to encumber the said land. IN WITNESS WHEREOF the said parties hereto have hereunto affixed their corporate seals, duly attested by the hands of their proper authorized - 3 - officers. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk ONTARIO LAND CORPORATION Per: Per: SCHEDULE "A" ALL AND SINGULAR those certain parcels or tracts of land and premises situate, lying and being in the Town of Pickering, in the Regional Municipality of Durham, in the Province of Ontario and being those portions of Lot 20, Concession 3, designated as Parts 21, 25, 28 and 29 on Ontario Land Corporation Plan 6350-407, duly deposited in the Land Registry Office for the Registry Division of Durham (No. 40) at Whitby as Plan 40R-6934. SCHEDULE "F" PART 2 943 90' P A R T 6 PART PART 8701' PART 642.50' 87.0~' PART 18 PT. 5 87.6r 8 ~ or 726.03 ~ 8701 PT. I0~'s 87.01 PT. II 87.01' pART ~ART 32 87.13' pART Temporary Easement Permanent Easement R (~ 0 O~ ~0