Loading...
HomeMy WebLinkAboutBy-law 3901/91THE CORPORATION OF THE TOWN OF PICKERINQ BY-LAW NO. 3901/91 Being a by-law to authorize the execution of a Transfer of storm sewer easement from Ontario Hydro to The Corporation of the Town of Picketing over that part of Lot 27, Concession 2, Pickering, designated as Part 1, Plan 40R-13629, to drain lands in Plan 40M-1671, Picketing. WHEREAS The Corporation of the Town of Pickering requires a storm sewer easement over that part of Lot 27, Concession 2, Picker'mg, designated as Part 1, Plan 40R-13629, for the purpose of draining storm water through Plan 40M-1671, 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 Picker'mg 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, from Ontario Hydro to The Corporation of the Town of Picketing over that part of Lot 27, Concession 2, Picketing, designated as Part 1, Plan 40R-13629. BY-LAW read a first, second and third time and finally passed this 16th day of December, 1991. Wayne Artllurs, Mayor Bruce Taylor,/C~lerk TOWN OF New Properly Identifiers AddWonel: See Schedule Schedule [] Transfer/Deed of Land A From 1 -- Land R~etzmllon Reform A~ 1~ Ill R~ ~ L~T~ ~ 2) P=~ 1 of 6 ~ Pr~ (3) Prom~y A~lit~O~lf: S<:nsdule (4) Conmld~mtlea SIX HUNDRED AND SEVENTY-FIVE .... Do,araS 675.00 (at) DeacHpOon This is a: Probarty Property Division [] Consolidation [] Part of Lot 27, Concession 2 Town of Pickering Regional Municipality of Durham designated as Part 1 on Plan 40R-13629 [6) Thl~ (a) Redescription (b) Schedule for (7) Intamet/Esfate Trensfe~'e~ Oo~umeflt New Easement Additional Coatal~ Plan/Sketch []; Description [] Parties [] Other [] EASEMENT Tra~leror(s) The transferor hereby transfers the ~and to the transferee and certifies that the name of The Hydro-Electric Power Commission of Ontario has been changed to Ontario Hydro by Date of Signature Name{s) Sig nat.v,u re~).~{~ Spouse(s) of Transfero~l) I here~y consent to this transaction Date of Signature Name(s) Signature(s) Y M D ; (10) Trensfero~s) Addreel 700 University Avenue, Toronto, Ontario M5G IX6 11) Trans~ree(s) Y M TO~N OF PICKERING Wayne Arthu.rs, Mayor D 1991 112 .............................................. 4%.iA6 '; ' .................... (12) Trmsfere~s) Address to~Sen~oe Box 623, 605 Rossland Rd. East, Whitby, Ontario LIN 6A3 (13) Transferor[s) The transferor verifies that to lhe best of the transferor's knowledge and belief, th~s transfer does not contravene section 49 of the Planning Act, 1983. Date of Signature Date of Signature Solicitor for Transfero;(s) I have explained the effect of section 49 of the Planning Act, 1983 to the transferor and I have made inquiries 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 and belief, this transfer does not contravene that section. I am an Ontado solicitor in good standing. Date of Signature Name and ! Y T M j O Address of · ! ! Solicitor S~gnature ......................................... } (14) ~ for Treneferee(i) I have investigated the 5;; ...... ;. ;~nd and to abutting lanq where relevant and I am satisfied that the title I. .~1 reveal no contravention as set out in subclause 49 (21 a) (c) (ii) of the Planning Act. 1~3 and that to the be~t of my knowledge and behef th!a ~ ~ transfer does not contravene section 49 of the P~anniog Act 1963. I act independently of the solicitor for the transferor(s) and I em an Ontario l: :=1 ~u .... ,-~ Date of Signature . e Addre~ of Y M =. i! So"=itor i I I (1S) A#e#me~t Roll Numb~ o~ Property ~(10) Munlct~al Addrese of Property Not Assigned i Cry. :Mun. i Map i Sub.Pit. : iolio o io19 ooi oooo (17) Decument prepared by:. ONTAR[0 HYDE0 Corporate Real Estate Dept. 700 University Avenue Toronto, Ontario MSG 1X6 RS:jc 636-527 Picketing CR 91-O8-16 Ilnll F~ and Tax O~II~Ul~ Land I~ae 2 of 6 (7) iNTEREST/ESTATE TRANSFERRED SUBJECT co the following terms and conditions the right and easement to lay, construct, operate, maintain, inspect, alter, repair, replace', reconstruct and remove a catchbasin and other works appurtenant thereto (hereinafter called "the works") in, over, along, across, upon and under those parts of the Transferor's [and described in Box 5 (which lands are herein called the "strip"). Together with the right to the Transferee, its servants, agents and contractors with all necessary vehicles, supplies and equipment to enter onto the strip by the Transferor's access routes and pass and repass over the strip for the purpose of exercising or enjoying any of the rights herein granted. The terms and conditions above mentioned which the Transferee covenants and agrees to observe and be bound by are as follows: 1. This indenture shall be effective from the 15th day of July , lq 91. 2. The Transferee shall pay co the Transferor for the rights hereby granted the sum of SIX HUNDRED AND SEVENTY-FIVE ($675.00) ....... DOLLARS 3. The Transferee shall, except in case of emergency, before commencing any work authorized by chis indenture or intended so co be, give to the Transferor forty-eight hours' previous written notice, and in cases of emergency such previous notice as is reasonably possible, and during any construction work, repair and maintenance, the Transferor may have its representatives present, for whose time and necessary expenses the Transferee shall pay on presentation of invoices therefor. 4. The TransCeree in connection with laying, constructing, o~erating, maintaining, inspecting, altering, repairing, replacing, reconstructing or removing the works or any part or parts of them shall not interfere in any way with or cause any damage co any works of the Transferor now or hereafter constructed on the strip or on adjacent Transferor's lands, and shall comply with the Design Standards & Technical Specification of the Transferor, Canadian Standards Association Standard C-22.3, the "Safety Rules and Standards Protection Code" of the Transferor, the Occupational Health and Safety Act, R.S.O. 1980 and any amendments thereto and any regulations passed thereunder. Upon completion of any of this work the Transferee shall fill in all excavat tons, restore fences, and restore the surface of the ground by restoring all topsoil and ground cover disturbed by construction, and if necessary rep[acing destroyed or damaged trees and shrubs, and do necessary grading to ensure soil and slope stability, and remove all equipment, all to the satisfaction of the Transferor. 5. The Transferee shall maintain the works in a good and substantial state of repair at all times. 6. The Transferee shall comply with all statutes, by-laws, rules, or regulations of every governmental or other competent authority relating in any manner to the works or the exercise of any of the rights or the easement herein granted. ~ 3 of 6 7. The Locations of the works shall be indicated by permanent markers of size and design approved by the Transferor, which markers sha'}t be placed and thereafter ma/ntained by the Transferee at the Transferee's own expense in positions designated by the Transferor, and the Transferee shal[ reimburse the Transferor for aLL costs incurred by the Transferor in the instaLLation of aerial warn£ng devices or in caking other measures to compty with any rules and regulations of any governmental authority which would not have been incurred but for the rights and easement herein granted. 8. if at any time or times any of the rights or the easement herein granted to the Transferee should in the opinion of the Transferor directly or indirectly increase the cost or expense of any of the present works of the Transferor or works required by the Transferor in the future, including the cost to the Transferor of acquiring any additional lands or easements because of the existence of this easement, the increase in cost or expense reasonably attributable thereto shall be borne as follows: (a) if the increase occurs during the initial five-year period of this indenture, the Transferor shall pay the full cost; (b) tf the increase occurs during the second five-year period of this indenture, the cost shall be divided equally between the Transferee and the Transferor; (c) if the increase occurs after the expiration of the initial ten-year period of this indenture, the Transferee sh'al! pay the full COSt. q. Notwithstanding any of the rights or the easement herein granted, the Transferor may use the strip for any and all purposes of its undertaking including landscaping and installation of berms; and if ac any time or times, in the opinion of the Transferor, the presence or use of the works interferes with the Transferor's use or intended use of the scrip, the Transferor may require the Transferee to relocate the works or any part or parts of them tn another location or locations on the strip or on adjacent lands of the Transferor within six months from the time of such request, and ail terms and conditions of this indenture shall then apply co the works in their new location or locations and the cost of such relocation shall be borne as fotlows: (a) if the request is made during the initial five-year period of this indenture, the Transferor shall pay the full cost; (b) i£ the request is made during the second five-year period of this indenture, the Transferor shall pay fifty per cent of the cost of Labour and the Transferee shall pay the balance; (c) if the request is made after the expiration of the initial ten-year period of this indenture, the Transferee shall pay the full cost; Provided that in the event it is impracticable co relocate the works or any part or parts of them as aforesaid, the Transferee shall pay to the Transferor, in accordance with the provisions ot clause 8 hereof, any increase tn cost or expense incurred by the Transferor caused by the works remaining in the original location. Schedule rAddlttofl41Pf~ 14efltlfletts) ~fld/of Other Informatkm lO. The Transferee shall, before making any installations or take any measures for preventing corrosion of the works give to the Trans.feror full written details of such proposed installations and measures' a. nd obtain the Transferor's written approval of same, insofar as such installations or measures will or are likely to affect the Transferor's works or operations; provided that the Transferor's approval shall not be unreasonably withheld, and the Transferee shall indemnify the Transferor against any loss or expense resulting from or incidental to such installations or measures and provided further that such approval shall not be construed as waiving any rights the Transferor may have to claim against the Transferee for damage from corrosion suffered by the Transferor as a result of the presence of the Transferee's works. Il. The rights and easement granted herein shall be subject to all leases, licences, or any rights of use or occupation existing at the date of this indenture, and the Transferor may from time to time renew or extend these or make new ones, so long as they do not interfere unreasonably with the rights and easement herein granted. [2. The Transferee shall assume all liability and obligation for any and all loss, damage or injury to property or persons (including loss of life) which would not have happened but for this indenture or anything done or maintained by the Transferee hereunder or intended so to be, and the Transferee shall at all times indemnify and save harmless the Transferor from and against all such loss, damage, or injury and all actions, suits, proceedings, costs, charges, damages, expenses, claims or demands arising therefrom or connected therewith; provided that the Transferee shall not be liable under this paragraph to the extent to which such loss, damage, or injury ts caused or contributed to by the neglect of the Transferor, its servants or agents. 13. The Transferee shall assume liability for and pay as they become due all taxes, rates, and assessments of every kind whatever, or any amounts in lieu thereof, that may be imposed by reason of the works or by reason of any of the rights or the easement granted herein and shall at all times indemnify the Transferor from and against alq such taxes, rates, and assessments, or amounts in lieu thereof. 14. Notwithstanding anything herein contained to the contrary the works and all other property of the Transferee at any time on the strip or on adjacent Transferor's land shall be at the sole risk of the Transferee and the Transferor shall not be liable for any loss or damage thereto however occurring and the Transferee releases the Transferor from all claims and demands in respect of any such loss or damage, except and to the extent to which such loss or damage is caused or contributed to by the neglect or default of the Transferor, its servants or agents. 15. No right, title, or interest in or to the strip or any part or parts of it or any adjacent land of the Transferor shall be acquired by the Transferee except as expressly set out in and subject to all the terms and conditions of this indenture. 16. The Transferee shall not transfer, assign, or sublet this indenture or any rights or easement conferred by ~r without the previous written consent of the Transferor, which consent shall not be unreasonably withheld. 17. The Transferee, may, with the approval of the Transferor, install additional pipe [£nes and other works appurtenant thereto from time to time within the strip without any increase in rental except payment for temporary working rights, and subject in all other respects to the terms and conditions herein contained. Ad41tional Property Iden##e~8) .ncVo~ Oth.~ Inl4xl~t~on [8. If the Transferee should ac any time fat[ co carry out any of the terms and cond£ttons herein contained, the Transferor may send by registered mai[ to the Transferee written notice specifying .such failure, and £f the failure ts not remedied ~£thtn three months oP the notice being mai[ed, the Transferor may terminate and cancel ch[s indenture in whole or as to any particular part or parts of the works and ail the rights conferred by chis indenture on the Transferee tn connection therewith. 19. Upon termination of this indenture as herein set out or if ac any ctme the Transferee should abandon the works the Transferee sha~[ remove the works from the strip at its sole cost and expense within six months of their abandonment and restore the strip to the satisfaction of the Transferor; except that in lieu of removal the Transferor may permit the Transferee to abandon the works provided that in so doing the Transferee complies with all applicable statutes, by-laws, rules, regulations and orders of competent governmental authority relating thereto. The Transferee shall execute such instrument or instruments tn confirmation of such termination as the Transferor may reasonably request in writing. 20. This indenture shall run with the strip and shall enure to the benefit of and be binding upon the Transferor and the Transferee and, except as otherwise stipulated herein, their respective successors and assigns. -- ^,..,~,.~ Affidavit of Residence and of Value of the Consideration Form 1 - Land Transfer Tax Act Refer to afl ,nsfruchons on reverse side. (~.C)T~ ~ c~ ' t4 Part Lot 27, Concession 2, Pi ermg, (Part 1, pta, 0R-136~) Ontario Hydro The Corporation of the Town of Pickering C.M. Timothy Sheffield MAKE OATH AND SAY THAT: The Corporation of the Town of Pickermg descr,bed rn Daragraph'~4. '~ (Cl above; (strike o~, r~,#.¢.$ m ,napolmable ¢aragraph$) 4 THE TOTAl. CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid or to be paid in cash $ 675.00 (ii) Given back to vendor $ .i~.i, Jl Id) Securities transferred to the value of (detait ~elow) $ ~iI. LAND TRANSFER TAX (Totalof(a) to[O) $ 675.~ ~ $ 675.~ (j) TOTAL CONSIDERATION $ ~ Sworn before me at the Town of Picketing ,~ *be Regional Municipality of Durham this 8th dayof November ~9 91 A Commissioner for tak lng Affidavits, etc Property Information Record A. Describe nature of instrument B (~) Address of property being conveyed (if available) __ ~a / C.M. Timothy ~laeffield (ii) Assessment Roll No (illvailable) Mailing address(es) for future Notices of Assessment under the Assessment Act for property being conveyed isee instruction 7).____~l~Z~_F~_?_~_d~_, i~'lr,~r~e, n.,o~.~ L!V 6K7 fii) Legal description of property conveyed Same as in D(i) above Yes [] No I~ Not known ,,~ C.M. Timothy Sheffield, Town Solicitor Town of Pickezing~Dzm~L~phoade Pi~-lr_,~rin~, Ontario, I IV ilK'/ For Land Registry Office Use Only Registration NO. School Tax Suppor/(Voluntary Election) See reverse for explanation (a) Are all ,ndw,dual ~ranslerees Roman Catholic '~ Yes [] No [] (b) U Yes do all ,ndlwdual translerees w~sh to be Roman OaThOhC Separate SChOOl SdpDofters ? Yes[~ No [] (C) DO all md,wdual transierees have French Lanquaqe Educal,o¢ R,ghls ? Yes [] NO (d) ~f Yes. do all ,nd~wdual transferees w~sh to suppod the French Language School Board (where eslabhshed) SUBJECT TOTAL LAND HOLDINGS of Pickering PLANNING DEPARTMENT o~=,~. PT. LOT 27, CONC. 2 M.E.A. ANNAN Dote J--'~NE 15/89 ~'~m ay S.B. N~. A 25/89; 18T-8905,4 sc.~. 1:7500 c~.c~.d ay Cougs Investments - Plan 40M-1671 The Town of Pickering Transfer of Storm Sewer Easement over LEGAL SERVICES DEPARTMENT ontario ~{:fro Lands.