HomeMy WebLinkAboutBy-law 4177/93 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 4177/93
Being a by-law to authorize the execution of a Transfer
of Easement from Cougs Investments Ltd. to The
Corporation of the Town of Pickering over those parts of
Lots 20 and 21, Plan 818, Picketing, designated as Parts
I and 2, Plan 40R-14572.
WHEREAS The Corporation of the Town of Pickering requires storm sewer easements over those pans
of Lots 20 and 21, Plan 818, Picketing, designated as Parts I and 2, Plan 40R-14572, for the purpose of
draining storm water through the lands, and 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 Picker'mg may pass
by-laws for acquiring interests in lands;
NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS
FOLLOWS:
i. The Mayor and Clerk are hereby authorized to execute a Transfer of Easement, in the form
attached hereto as Schedule A, from Cougs Investments Ltd. to The Corporation of the Town of
Picketing, over those pans of Lots 20 and 21, Plan 818, Picketing, designated as Parts 1 and 2,
Plan 40R- 14572.
BY-LAW read a first, second and third time and finally passed this 1st day of March, 1993.
Wayne Ar~urs, Mayor
TOWN OF
PICKERING
t~.PPROVED
AS TO FORM
LEGAL DiP-fY
on,.,,o°'P'°v'°ce Transfer/Deed of Land Schedule A A
Form 1 -- Land Reglstraflo~ Reform ACL 1984
1) Registry ~.~ Land Titles [~ T(2) Page 1 of ] pages
3) Property Block Property
Identifier(s) AddieonaJ
Schedule
4) Consideration '~WO ...............................
............................ Dollars $ 2 · 00
(5) Description Th~s is a: Property Property
D~v~sion [] Consohdation []
Part o£ :Lots 20 and 21, Registrar's Compiled
Plan 818,
designated as Parts ! and 2, on
New Properly Identifiers Re£erence Plan 40R-14572,
AdditiOnal:
see Town o£ Picketing,
Regional Municipality of Durham,
E]recuflons
Additional:
See
Schedule []
(6) Thlt (a) Redesoription [ (b) Schedule for: (7) Inleresl/Eslate Transferred
Document New Easement : Additional xx ~e~l~'~l~x Easement
Go.tale, P~n/Sketch ~ i Description [] Parties [] Other ~
8) Transferor(s) The transferor hereby transfers the land to the transferee
/~ -- Date of Signature,
Name(s) ....... ' ...................................................... Signature(//','~ ~,',: (?'Q .............
· COD:GS. INVESTMENTS..L'~D ........................... /,?J. 7- .....................
Gebrge Reed - I have
Corporation.
)(9) Spouse{s) of Transferor~s) I hereby consent
to this transaction Date of Signature
Name(s) Signature(s) Y M D
(10) ~ansferor(s) Address
forService 27 Bugge:y :Lane, A~ax, Ontario. :LIS 4S7.
· (11) Transferee(s) Date of Birth
Y M D
?FIE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk i ':'. ' :~"'
(12) Transferee(s) Address
forServlce Pickering Civic Complex, One The Esplanade, Pickerinq~ Ontario.
(13) Transferor(s) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does n~)~-c~ntravene section 49 of the
Planning Act, 1983. Date of Signature Date of Signature
Signature .... i. : : : Signa ure
Solicitor for Transferor(s) I have explained the effect of section 49 of the Planning Act, 1983 to the transferor and I have made inquirie~ of the transferor
,,~ lo determine that this transfer does not contravene that section and based on the information supplied by the transferor, to the best of my knowledge
Z and belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Sigrmture
!~ Name and , Y , M . O
Address of :
O Solicito~ Signature ........................... : ...... : ........
~,~ (14) Solicitor forTransferee(s ~have~n~estig~tedth~ot~~~~~his~andandt~abutting~andwh~r~r~~evan~and~amsatisfiedth~t~h~tit~erecords
revea no contravent on as set out n subc ause 49 (21a) c of he Planning AC, 1983 and tha to the best of my kr~wledge and befief this
~' transfer does nOt contravene section 49 of the Planning Act 19~3. ~ act independently of the soticitor for the transferor(s) end ~ am an Ontario
· ~ solicitor in good standing.
~ u)-7.= Name and Date of Signature
'5 Signature ........................... · ...... . . . .i ....
(15) Assessment Roll Number icky Mun! Map i Sub i Par i r~ Fees and Tax
of Pmpe.y : i :{ i i { NOT ASSIGNED
Registration
Fee
(16) Municipal Address of Prope~y (17) Document Prepared by: O
RONALD J. HAWKSHAW Land Transfer Tax
I NOT ASSIGNED POLAK, McKAY & HAWKS[SAW
467 Westney Road South, t16~_3;
Ajax, Ontario. L1S 6V8.
(7) INTEREST/ESTATE TRANSFERRED
Subject to the following terms and conditions, the free, unintcn'uptcd and unobstructed right
and easement to lay construct, operate, maintain, inspect, alter, repair, ~place, reconstruct and
remove storm drainage wodc~ together with appurtenances thereto (harem called the "works")
land
in, over, along, a~oss, upon end under the described in Box $ (herein called the "lands"),
tol~e, ther with the right to the Transferee, its servants, agents and contractors with aH necessary
vehicles, supplies and equipment to enter onto the lands and pass and repass over the lands for
the porpose-o-f exercising or enjoying any of the rights granted herein.
The terms and conditions which the panics hereto covenant and agree to observe and be bound
by ate as follows:
1. The Transt'eree shaH: except In case of emergency, before commencing any wo. rk
authorized hereby, g~ve to the Transferor forty-eighi houri previous written nottce
thereof, and in cases of emergency such previous notice thereof as is reasonably possible.
Upon completion of any work, the Transferee shall f'dl in all excavations, restore fences,
and restore the surface of the ground by restoring aH topsoU and grass cover disturbed
thereby, and do necessary g~adin~ to ensure soil end slope stability, and remove MI
cquipment,
3. The Transferor shall not erect any building or structure (except a fence.) on the lands, and
shah not place or remove any flu on or from any part of the lands w]tbout the previous
written consent of the Transferee.
4. The right and easement granted herein sh~di be subject to ~ leases, licence$, 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.
5. The Transferor hereby releases the Transferee from any claim which may arise out of the
exercise by the Transferee of the right and easement era,tied hereby or which may arise
out of the existence, operation or non-operation of the storm drainage works provklcd the
Transferee has complied with aH of the terms and conditions herein.
6. The Transferor shall execute such further assurances of the right and casement granted
hereby as the Transferee may reasonably request in writing.
7, The burden of this Transfer and of all the terms and conditions contained herein shall run
with the lands.
$. This Transfer and all of the terms and conditions contained herein shall enure to the
benefit of and be binding upon the Transferor and the Transferee and their respective
heirs, executors, acbninistrators, successors and assigns.
LAND BI/NSFITTED (DOMINANT TF..~NF.~EHT)
9. The benefit of this Transfer and all of the terms and conditions contained herein shall mn
with all other lands and interests in lands owned, occupied or used by the Transferee for
the pu'-rpose of ol~rating and maintaining storm drainage works.
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.. ~. TOWN OF PICKERING
~ ,o,~ ... Planning Department
LO ~96/79 MARY ~. D~S
dULY 2~.19f9 1,4800
The Town of PickeHng Leuchtefeld (Cougs Invest~ents Ltd)
LEGAL SER¥ICES DEPARTMENT - part of Lots 20 & 21, Plan 81:5
- Transfer of Storm Sewer Easement