HomeMy WebLinkAboutBy-law 4392/94 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO, 4392/94
Being a by-law to authorize the execution of a Release of
a Joint Servicing Agreement respecting Part Lots 23 and
24, Concession 1, Picketing
WHEREAS, it is necessary to remove from title an Agreement dated November 6, 1986 and registered
May 19, 1987 as Instrument No. D249113, between Bramalea Limited and Schindler Elevator
Corporation;
NOW THEREFORE, the Council of the Corporation of the Town of Picketing HEREBY ENACTS AS
FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute a Release, in the form attached hereto as
Schedule A, of an Agreement dated November 6, 1986 and registered May 19, 1987 as
Instrument No. D249113 between Bramalea Limited and Schindler Elevator Corporation
respecting Part Lots 23 and 24, Concession 1, Picketing.
BY-LAW read a first, second and third time and finally passed this 21st day of February, 1994.
,,~,~r~, __ Schedule .AA
· . o, uocumenlueneral D
Ontario Form 4 - ~nd Re~l~aflon Reform ~ 19~
(4) NllUrl of ~ument
RELEASE OF JOINT SERVICING AGREEMENT
(S) Conilderl~on
~llart S
(6) ~crlpUon
Town of Pickering,
Regional Municipality of Durham
as described in the at~ached Schedules.
~ ~o~ ~enflfief~
(7) Thin (a) Redescription ' ~)) ~chedule for:
.NldlllO~aJ:Document New Easement Additional
S~u, [] Conmln,: plan/S~etch [] Description []
:8) l~la Document provides es followa:
The undersigned parties in Box l0 and :].2 hereby mutually terminate and release
the Joint Servicing Agreement entered into between the parties and registered
May 19, 1987 as Tnstrument NO. D249113 as such agreement relates to the lands
described herein.
Continued on Schedule []
Thll Document relatel to Instrument number(s) Joint Servicing Agreement D249113
and Partial Release D331037
Party(lei) (Set out Status or Interest)
Name(i) Signature(s) ~/'/~"'~" Date of ,~gnature
BRAMALEA. LIMITED ........................ Per: ~- 1993 :./0: ,9. /
(Owner of Schedule A lands in Name: BUBBA
.Joint... Servicing. Agreement ) ................... T~itle'...¥i~e.~re~r.5.~<mess ~ks ...... :... [ . .
· he Corporation. Name: $£NI0~ VICI P~SID[NT
(11) ~dr,,, Suite 2300, One Queen Street East, Toronto~'~"'~"~9
Pa~e~) (~t out Status or Interest)
the Corporation. ~b~d ¢. asper
i'~) ~?'~ c/o ~80 sloor Street West, 9th ~loor, ~or6~%%~ '55E~'r16~-M~s'~v6
~14) MunlclpJl ~drell Of Pfope~ (15) Document Prepared by'
Not available Catherine F. N~xon ~ ~g~strat~onFee
McM~ LLAN B~NCH
Suite 3800, South Tower
Royal Bank Plaza
· ,X~,-X.-~z.d. ~ Toronto, Ontario
MSJ 257
Schedule S
Onl~ Form 5 - ~nd R~ll~aflon Reform Act, 19~ ~ 2
~ld~o~al ~o~ ~enUfler(s) &n~ Other In~rmaU~
BOX 12 - Additional Parties
EMIl HOLDINGS LIMITED Per: 1993 //, ~3
Name:
Title:
I/We have authority to ~--
bind the Corporation Per: 1993
Name:
Title:
Box 13 - Address for Service
c/o 1099 Kingston Road, Pickering, Ontario L1V 1B5
Box 12 - Additional Parties
EMIX LTD. Per: 1993 //, ~,
Name: / ' ~/'~
Title: r~ ,
I/We have authority to
bind the Corporation Per: 1993
Name:
Title:
Box 13 - Address for Service
c/o 1099 Kingston Road, Pickering, Ontario L1V lS5
Box 12 - Additional Parties
THE TORONTO-DOMINION BANK Per:Nam/~/~e:-/~r~/
Title:
I/we have authority to
bind the Corporation Per: 1993
Name:
Title:
Box 13 - Address for Service
55 King Street West, Toronto-Dominion Tower, 6th Floor,
Toronto, Ontario, M5K lA2
Box 12 - Additional Parties
Nm(o) s/g~&ture (s) · H D
THE CORPORATION OF THE TOWN Per: 1993
OF PICKERING Name:
Title:
I/We have authority to
hind the Corporation Per: 1993
Name:
Title:
Box 13 - Address for Service
~'- ~2 t - ' 71 k i - ' ..... ' "
SCHEDULE "A" -- BHAMALEA LANDS
Part Lot 24, Concession 1, Town of Pickertng, in the Regional Municipality of
Durham (formerly Township of Picketing, County of Ontario), designated as
Parts I and 2, Plan 40R-9889.
Ontario Form S - ~nd R~lavaUon Ref~m ~ 1~ ~ge 4
~d~l P~ Menflfler(I) and/~ ~er InformaUofl
~CHEDULE "B" -- SCHINDLER LANDS
Part of Lot 23 and 24, Concession 1, Town of Plckertng, in the Regional
Municipality Of Durham (formerly Township of Picketing, County of Ontario),
designated as Part 3, Plan 40R-9889.
,,,IHI
~~*'~'~ Schedule ~"/~~~'~-~ S
Om~o Form $ - ~ R~l~m~on Re~m ~ 1~ ~ ~
~ ~o~ ~enflfler(I) a~/~ ~ Inf~ml~on ~
SCHEDULE "C" -- LANDS OF EHZX HOLDZNGS LZNZTED
Part of Lot 24, Concession 1, Town of Pickering, in the Regional Municipality
of Durham (formerly Township of Pickering, County of Ontario), designated as
Part 6, 7, 8 and 9, Plan 40R-12678.
U,,,IIII
~,,"'~"~ Schedule ,~...~,~,.,,,~,,~- o.,.
Om~o Form 5 - ~nd R~l~n Reform ~ 19~
~1 ~ Menflfler(I) ind/M ~r Information
SCHEDULE "D" -- L~DS OF EMIX LTD.
Part of Lot 24, Concession 1, Town of Ptckering, in the Regional Municipality
of Durham (formerly Township of Picketing, County of Ontario), designated as
Parts i and 2, Plan 40R-11117;
Save and except Part i on Plan 40R-11483;
Save and except Part 8 and 9, Plan 40R-12678.
SCHEDULE "E" -- THE TORONTO-DOMINION BANK LANDS:
Part of Lot 24, Concession 1, Town of Picketing, in the Regional Municipality
Of Durham (formerly Township of Pickertng, County of Ontario), designated as
Parts 4 and 5, Plan 40R-12678.
,',','1111
"""" Schedule
Ont~'lo Form S - ~nd ReglibiUon RefMm
~d~onll ~o~ Iden~er(I) lnd/~ ~er Information
SCHEDULE "F"
A. THE CORPORATION OF THE TOWN OF PICKERING LANDS:
Part of Lot 24, Concession 1, Town of Pickering, in the Regional
Municipality of Durham (formerly Township of Picketing, County of
Ontario), designated as Part 1, Plan 40R-11483.
B. THE CORPORATION OF THE TOWN OF PICKERING EASEMENT LANDS:
(EASEMENT ONLY FROM EMIX LTD.):
Part of Lot 24, Concession 1, Town of Pickering, in the Regional
Municipality of Durham (formerly Township of Picketing, County of
Ontario), designated as Part 1, Plan 40R-11912.
II1~o =~l
KI.,IIII
.. Page 9 of 11
THIS AOREEMENT made as of the day of , 1993.
BETWEEN:
BRAMALEA LIMITED
(hereinafter called "Bramalea")
OF THE FIRST PART
- and -
SCHINDLER ELEVATOR CORPORATION
(hereinafter called "Schindler" )
OF THE SECOND PART
and -
EMI;( HOLDINGS LIMITED
OF THE THIRD PART
and -
EMI;( LTD.
OF THE FOURTH PART
and
THE TORONTO-DOMINION BANK
OF THE FIFTH PART
and -
THE CORPORATION OF THE TOWN OF PICKERING
OF THE SI;(TH PART
WHEREAS:
1. Bramalea, the former owner of the "Eramalea lands"
described in Schedule "A" attached hereto and Schindler, the
owner of the "Schindler lands" as described in Schedule "B"
hereto, entered into a Joint Servicing Agreement for the benefit
of the Bramalea lands and the Schindler lands, which Agreement
was dated November 6, 1986 and was registered in the Land
Registry Office for the Registry Division of Durham (No. 40) on
May 19, 1987 as Instrument No. D249113.
2. Part of the Bramalea lands was released from the Joint
Servicing Agreement by partial release registered in the said
Registry Office on December 15, 1989 as Instrument No. D331037.
3. The Joint Servicing Agreement provides that the Joint
Servicing Agreement shall be of no further force and effect once
the following matters have been completed:
(i) The consulting engineer has certified that the
Joint Services have been completed.
(ii) The easements contemplated by Paragraph 2.04 of
the Joint Servicing Agreement have been granted,
as reasonably determined by Bramalea and
Schindler; and
Page lO of I1
(iii) The parties have settled all payments respecting
the Joint Services in accordance with Schedule
"C" of the Joint Servicing Agreement.
4. The Joint Servicing Agreement further provides that
upon completion of such matters, at the request of any party, the
then owners of the Bramalea lands and the Schindler lands shall
execute any releases that may be required.
5. Both Schindler and Bramalea have determined that all of
the obligations of the Joint Servicing Agreement have been
completed and wish to release the Bramalea lands and the
Schindler lands from the Joint Servicing Agreement.
6. The Bramalea lands have been subdivided so that they
now consist of the Emix Holdings lands as set out in Schedule C,
the Emix Ltd. lands as set out in Schedule D, The Toronto-
Dominion Bank lands as set out in Schedule E and the easement in
favour of The Corporation of the Town of Picketing, as set out in
Schedule F.
7. FOR GREATER CERTAINTY, Bramalea and Schindler desire to
release the Schindler lands and the Bramalea lands as now owned
by the successors of Bramalea from the Joint Servicing Agreement
forever.
8. Each of Emix Holdings, Emix Ltd., The Toronto-Dominion
Bank and The Corporation of the Town of Plckering desire to
release their lands from the Joint Servicing Agreement forever.
NOW THEREFORE WITNESSETH THAT in consideration of the
foregoing covenants, the receipt of Two ($2.00) Dollars and other
good and valuable consideration, the receipt and sufficiency
whereof is hereby acknowledged by the parties hereto, Bramalea
and Schindler covenant and agree as follows:
1. Bramalea and Schindler both confirm that the Joint
Services as set out in the Joint Servicing Agreement have been
completed.
2. Bramalea and Schindler confirm that the easements
contemplated by paragraph 2.04 of the Joint Servicing Agreement
have been granted.
3. Bramalea and Schindler confirm that all payments to be
made under the Joint Servicing Agreement have been settled.
4. Bramalea hereby releases the Schindler lands from the
Joint Servicing Agreement forever.
5. Schindler hereby releases the Bramalea lands now
consisting of the Emix Holdings lands, the Emix Ltd. lands, the
Toronto-Dominion Bank lands and the Town of Pickering Easement
Lands forever.
Page 11 of 11
6. The parties hereto agree that the Joint Servicing
Agreement shall be terminated and released and of no further
force and effect as of the date hereof.
IN WITNESS WHEREOF the parties hereto have executed
this Agreement as of the date above written.
BRAMALEA LIMITED
I/We have authority to ._~/~.~2.,.., J~
bind the Corporation Per:
Name. BUBBA N~RRIO~T
Ti ~e : VJce-Presidenl, Business Par~!
Per
:
Name :' fff~HARD H. C:5 ~.I~'£S
Title: SEf",O~ v
CANADIAN PROP~R~i£~
SCHINDLER ELEVATOR CORPORATION
I/We have authority to ., . / ~ /~ ~..-- .
bind the Corporation Per:
Name:'M. F. de Hsnestrosa
Per: Tl~~~' ~c/s
Name'~ ~-' bed G Keeper
Title. ViS'resident, Marketin0
EMIX.OLDING~ITED
I/We have authority to Per:
bind the Corporation Name: ~ '
Title:
c/s
Per:
Name:
Title:
EMIX LTD.
Per:
I/We have authority to Name:
b~nd the Corporation Title:
c/s
Per:
Name:
Title:
THE TORONT~INION BANK
Per:
I/We have authority to Nam~~
bind the Corporation Title:
c/s
Per:
Name:
Title:
THE CORPORATION OF TNE
TOWN OF PICKERING
Per:
I/We have authority to Name:
bind the Corporation Title:
c/s
Per:
Name:
Title: