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HomeMy WebLinkAboutBy-law 5418/98THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 5418/98 Being a by-law to authorize the execution of a Transfer of Easement from The Corporation of the Town of Pickering to Brougham Union Lodge No. 269, over that part of Lot 17, Plan 43, Picketing, designated as Parts 4 and 5, Plan 40R-18850. WHEREAS, pursuant to the provisions of section 191 of the Municipal Act, R.S.O. 1990, Chap. M.45, the Council of The Corporation of the Town of Picketing may pass by-laws for disposing of interests in lands owned by it; WHEREAS, The Corporation of the Town of Picketing wishes to transfer an easement over that part of Lot 17, Plan 43, Picketing, designated as Parts 4 and 5, Plan 40R-18850 to allow the abutting owner of Lot 18, Plan 43, Picketing, to utilize that part of Lot 17, Plan 43, Picketing, designated as Parts 4 and 5, Plan 40R-18850 for the purpose of sharing the water from the drilled well located thereon; WHEREAS, The Corporation of the Town of Picketing is willing to grant the abutting owner an easement over that Part of Lot 17, Plan 43, Picketing, designated as Parts 4 and 5, Plan 40R-18850, Picketing subject to certain terms and conditions; and NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a Transfer of Easement from The Corporation of the Town of Pickering to Brougham Union Lodge No. 269 over that part of Lot 17, Plan 43, Picketing, designated as Parts 4 and 5, Plan 40R-18850 for the purpose of sharing and maintaining water services which transfer shall be subject to the terms and conditions, more particularly set out Schedule A attached hereto. BY-LAW read a first, second and third time and finally passed this 7th day of December, 1998. ayn e t RE9620 & RE9619 Schedule A INTEREST/ESTATE TRANSFERRED Subject to the following terms and conditions, the Transferor hereby transfers to the Transferee, its successors and assigns, the free, uninterrupted and unobstructed right and easement to use the existing drilled well for the supply of water under the lands described in Box 5, together with the right to enter onto the lands and pass and repass over the lands for the purpose of exercising any of the rights granted herein. The terms and conditions which the parties hereto covenant and agree to observe and be bound by are as follows: The Transferor and Transferee, their successors and assigns, shall have a right to draw water from the well with each party to bear the expense of any equipment, plumbing, pipes or pumps installed by such party. All maintenance, repair or replacement costs to such equipment, plumbing, pipes or pumps would be at the expense of the party that installed same. The cost of the necessary maintenance and repairs to the well itself shall be borne equally by the parties from time to time and the parties agree to do all reasonably necessary maintenance and repairs. Neither party shall interfere with the other party's right to the use of the well and a continuing supply of water from the well. The parties shall have a right of access to the well for the purposes of enabling each party to enjoy the supply of water as herein provided and such right of access shall include a right of entrance by a party on the other property if reasonably necessary and incidental to obtaining a supply of water. The Transferee shall, except in case of emergency, before commencing any work authorized hereby, give to the Transferor forty-eight hours previous written notice thereof, and in cases of emergency such previous notice thereof as is reasonably possible. Upon completion of any work, the Transferee shall fill in all excavations, restore fences, and restore the surface of the ground by restoring all topsoil and grass cover disturbed thereby, and do necessary grading to ensure soil and slope stability, and remove all equipment. The Transferor shall not erect any building or structure on the lands, and shall not place or remove any fill on or from any part of the lands without the previous written consent of the Transferee. The right and easement granted herein shall be subject to all leases, licences, and any rights of use or occupation existing at the date hereof, 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 right and easement herein granted. The Transferor shall execute such further assurances of the right and easement granted hereby as the Transferee may reasonably request in writing. 10. The burden of this Transfer and of all the terms and conditions contained herein shall run with the lands, until such time as local water services are provided. 11. This Transfer and all of the terms and conditions contained herein shall ensure to the benefit of and be binding upon the Transferor and the Transferee and their respective heirs, executors, administrators, successors and assigns. LAND BENEFITED (DOMINANT TENEMENT) 12. The benefit of this Transfer and all of the terms and conditions contained herein shall run with all other lands and interests in lands owned, occupied or used by the Transferee, namely Lot 18, Plan 43, Town of Picketing, Regional Municipality of Durham. I-IEh RY CENTRAL WELLINGTON STREET LANE I TRAN 80VINGDON 'own of Picketing Sale of Surplus Lands The Town of Pickering -Old CO~Lunity Centre (4) LEGAL SERVICES DEPARTMENT -Firehall (3) -Files: RE9620 and RE9619 Planning Department: ,,~