HomeMy WebLinkAboutBy-law 4407/94 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 4407/94
Being a by-law to authorize the execution of a transfer of
a non-exclusive access easement from The Corporation of
the Town of Pickering to Marian Margaret Martin, the
owner of Lot 33, Plan 233, Pickering, over that part of
the unnamed street fronting that Lot and designated as
Part 1, Plan 40R-14999. [RE9302(L)]
WHEREAS, the unnamed street upon which Lot 33, Plan 233, Pickering, fronts is an unopened,
unassumed portion of public highway owned by The Corporation of the Town of Pickering and under
the jurisdiction of the Council thereof; and
WHEREAS physical access to Lot 33, Plan 233, Picketing, is by means of a driveway located on that
part of that unnamed street designated as Part 1, Plan 40R-14999, linking the Lot with Bella Vista Drive
to the west; and
WHEREAS the owner of Lot 33, Plan 233, Picketing, Marian Margaret Martin, has requested that The
Corporation of the Town of Pickering transfer to her a non-exclusive access easement over that part of
that unnamed street designated as Part I, Plan 40R-14999; and
WHEREAS, pursuant to the provisions of section 191 of the Municipal Act, R.S.O. 1990, chapter M.45,
the Council of The Corporation of the Town of Pickering may pass by-laws to dispose of interests in
land;
NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS
FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute a transfer of a non-exclusive access
easement, in the form attached hereto as Schedule A, from The Corporation of the Town of
Picketing to Marian Margaret Martin, the owner of Lot 33, Plan 233, Pickering, over that part of
the unnamed street in Plan 233, Pickering, fronting that Lot and designated as Part 1, Plan 40R-
14999.
BY-LAW read a first, second and third time and finally passed this 5th day of April, 1994.
W~yne Arthu~ss, May(Jr'
Bruce Taylor, Clerk
TOWN OF'
PICKEP, ING
P, FF~igVED
~,S TO FORM
LECAL DEPT.
~.o.,~c. Schedule A
°' Transf6 7D- ed of_ Land
~-- ~ Fom~ -- Land Raglstmtlo~ Reform Act, 19~4
(1) R~IaI~ ~ Land Titles ~ T(2) Page 1 of 3 ~ges
(~) Pr~ Bilk Pro~y
s~
(4) Consl~at~n
Do;lareS 2.00
(5) De~rlptlon This ~s a' Pro~y Pro~y
D,ws~o. ~ Consolidahon
P~ of U~ S~t ~ f~nt of ~t 33,
Pi~ 233, ~g P~ 1, Pi~ 40R-14999
N~ Prope~ Identdiem
Ex~utlont ~ of
~,,~o~,, ~ion~ ~ici~i~ of
(6) This (a) R~cr:ption (b) Schedule for (7) Intems~s~te
Co.~ins Plan/Sketch ~ De~Hpt,on ~ Pa~ies ~ Other ~ ~t
~ ~sf~r ~y ~sf~s ~ ~t~est ~ ~e 1~ ~ ~ ~f~
.............................................................................. Y M D
Name(s) Signature(s)
Btam gaylor ~ Cl~k
(10) Tran~feror(~) Address
~o,S.~. 525 ~lla Vis~ ~ive, Pi~g, ~io ~W ~7
T h r
, , , ~ ~ ::
" ~ ~ ~ Signature ................................
~~ Addr~s o
~ E ~ (14) So~clt~ ~o¢ Tranm~m) [ have mvest,g~ted the title to this lend ~nd to abuttmg land where relevant a~d I am sahsfi~ that the hue r~or~s
E J~J ~licitor in go~ standing.
E J~ ~= J Name and Date of S~gnature
(1~) A~eJlmenl Roll NMmber C~ : Mun.~ Msp ~ Sub P~r ~ J Fees ~nd T~x
I
T~ glici~r
~e ~e Espl~de
Picker~g, ~t~io LlV 6K7
~9302 Tot.i
Form 5 -- L~nd R~l~trMion Refon~ Act, 19~4
Page '~
'&ddlllon~l Profl~rty Identlfle~) ~nd/or O~r In;orn~tlon
NATURE OF EASEMENT TRANSFERRED
The free, uninterrupted and unobstructed non-exclusive right and easement for the Transferee, her
heirs, executors, administrators, successors and assigns, and her and their agents, employees,
contractors, tenants, invitees and licensees to use the lands described in Box 5 (which lands are
herein called the "easement lands") for the purpose of pedestrian and vehicular access, both
ingress and egress, between that part of the street known as Bella Vista Drive in front of Lot 32,
Plan 233, Picketing, and Lot 33, Plan 233, Picketing.
DOMINANT TENEMENT
Lot 33, Plan 233, Town of Picketing, Regional Municipality of Durham
SEI~VIENT TENEMENT
Part of the unnamed street in front of Lot 33, Plan 233, being Part 1, Plan 40R-14999,
Town of Picketing, Regional Municipality of Durham
(i.e., the easement lands).
COVENANTS BY THE TRANSFEREE
The Transferee covenants, on her own behalf and on behalf of her heirs, executors, administrators,
successors and assigns, and her and their agents, employees, contractors, tenants, invitees and
licensees.
1. not to erect any building or structure on the easement lands without the express written
consent of the Transferor;
2. not to place or remove fill on or from any part of the easement lands without the express
written consent of the Transferor;
3. to use the easement lands only as an access driveway and for no other purpose;
4. to maintain the easement lands as an access driveway to a standard satisfactory to the
Transferor, failing which the Transferor may effect such maintenance as in its sole discretion
it deems appropriate;
5. to pay any costs incurred by the Transferor in effecting maintenance of the easement lands
within 30 days of receipt by the Transferee of the Transferor's invoice therefor;
6. to pay any taxes or other similar charges that may be levied on or after the date hereof against
the easement lands;
7. to indemnify and save harmless the Transferor of and from all manner of claims, damages,
losses, costs or charges whatsoever occasioned to or suffered by or imposed upon the
Transferor or the easement lands, either directly or indirectly, in respect of any matter or thing
in consequence of or in connection with or arising from her use or maintenance (or lack
thereof) of the easement lands or from any operation connected therewith or in respect of any
accident, damage or injury to any person, animal or thing by, from or on account of the same.
8. to release the easement upon the Transferor, or any other authority having jurisdiction,
dedicating the easement lands as public highway;
Om
10178 (12/84)
~of Province Schedule S
Fomt 5 -- Land Reg~,,t~tk~n Refomt Act. 19~4
~lddltional P~,t.rty Identifier(.) ~md/or Other In;ommtlon
9. that the Transferor may grant non-exclusive easements over the easement lands to other
parties for similar purposes.
COVENANTS BY THE TRANSFEROR
The Transferor covenants, on its own behalf and on behalf of its successors and assigns, and its
and their agents, employees, contractors, invitees and licensees,
1. not to erect any building or structure on the easement lands without the express written
consent of the Transferor;
2. not to place or remove fill on or from any part of the easement lands without the express
written consent of the Transferor;
3. to execute such further assurances of the right and easement granted hereby as may be
reasonably required by the Transferee.
GENERAL PROVISIONS
1. The burden of this Transfer and of the covenants contained herein shall run with the easement
lands.
2. This Transfer and all of the covenants contained herein shall be binding upon the Transferor,
its successors and assigns, and upon the Transferee, her heirs, executors, administrators,
successors and assigns.
10178 (12/84)