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HomeMy WebLinkAboutBy-law 4205/93 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 4205/93 Being a by-law to authorize the execution of a Transfer of Easement from Highbush-Rougemount Centre Inc. to The Corporation of the Town of Picketing over Part Lot 170, Plan 816, Picketing (Part 8, Plan 40R-14623), and porn Woodlands-Rougemount Centre Inc. to The Corporation of the Town of Picketing over Part Lot 6, Plan 228, Picketing (Part 12, Plan 40R-14623) and Part Lot 169, Plan 816, Pickering (Part 5, Plan 40R-14625) [S6/91]. WHEREAS, as a condition of Site Plan approval pursuant to the provisions of section 41 of the Planning Act, R.S.O. 1990, Chap. P. 13 (S6/91), The Corporation of the Town of Picketing requires access easements over Part Lot 170, Plan 816, Picketing (Part 8, Plan 40R-14623), Part Lot 6, Plan 228, Picketing (Part 12, Plan 40R-14623) and Part Lot 169, Plan 816, Picketing (Part 5, Plan 40R-14623) for the purpose of providing access between Kingston Road and Part Lot 6, Plan 228, Picketing (Parts 2, 3, 4, 5 and 6, Plan 40R-10643), and 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 acquiring interests in lands; NOW THEREFORE, the Council of The Corporation of the Town of Picketing 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 Highbush-Rougemount Centre Inc. to The Corporation of the Town of Picketing over that part of Lot 170, Registrax's Compiled Plan 816, Picketing, designated as Part 8, Plan 40R-14623. 2. The Mayor and Clerk axe hereby furlher authoxized to execute a Transfer of Easemem, in the form attached hereto as Schedule B, from Woodlands-Rougemotmt Centre Inc. to The Corporation of the Town of Picketing over, (a) that part of Lot 6, Plan 228, Picketing, designated as Part 12, Plan 40R-14623, (b) that part of Lot 169, Registrax's Compiled Plan 816, Picketing, designated as Part 5, Plan 40R-14623. BY-LAW read a first, second and third time and finally passed this 19th day of April, 1993. SCHEDULE A o, Transfer/Deed of Land Form 1 -- Land R~stmtlon Refom~ Act, 1984 (1) Registry [] Lanai Tltl~ [] 2) Page 1 of pages 3) Proper~ Block Pr~y (4) Consld~at~n Two 2.~ (5) De~rlpllon This is a: Pro~y Pro~y Division P~ Lot 170, Ecgistr~'s Comp~ed P]~ 816, ~8 P~ 8, PI~ 40R-14623 New Prope~ Identifiem Additional: Ex~ullons Town of Picker~g Additional: Region~ Municip~ity of ~h~ See (6) Thl~ (a) R~ription (b) Schedu(e for; (71 Inteffi~ T~ Additional F~ Simple D~ment New Ea~ment .: De~ription ~ PaAi~ ~ Other ~ E~ement ~ Con. Ins Pla~Sketch ~ (8) TransgreSs) The transferor hereby transfers the land to the transferee and ceAifi~ that ~e transferor is at I~st eighteen years old and that Date of Signature N~USH-ROUO~O~ CEdE [NC, signature(s) Y >(9) s~us~s) of Transferor(s) I hereby con~nt to this tran~ction Date of Signature Name(s) Signature(s) Y M D (10) Transferor(s) A~r~s Suite ~0], 49 Wynford Drive, Don M~s, Ont~Jo ~3C for >(11) Transferee(s) Date of Bidh Y M D , THE CORPO~ON OF ~E TOWN OF PICKERING ~o~ s.~e. Picker~g Civic Centre, One ~e EspI~Me, Picker~g, entre L1V 6K7 I Plannm9 Act, ~9~. Date of Signature Da~e o~ S~gnature ~ I and ~l~et th~s transfer d~ Dot contravene that s~fion.; am an Ontario solicitor in ~ood stand~ng Dat~ of Sionatum ~ Name a~d ~ Y ~ M ~ D ~ Address of . ~ ~ ~ ' reveal no contravention as ~t out in su~lause 49 21a) c) ii of the Planning Act, 1~ and that to the best of my knowl~ge and ~lief this cm~-~c~ ~ transfer ....d~s not contravene ~ction 49 of the P~anning Act 1 ~. I act inde~ndently of the solicitor for the transferor(s) and I am an Ontario ~ ~ ~ ~ ~c~tor m ~ ~~.__,S~ N~me and Date of Signature ;~'EI Addre~ of Y . M D ~ Soricitor C.M. T~)othy Sheffield I ~[Land Transler Tax Town Solicitor Town of Picker~g One ~e Espl~ade Picker~g, Ontario , ~ ~ LIV 6K7  Province S o, Schedule ...... Ontario Form 5 -- Land Reglatra#on Reform Act, 19~4 Page · A~dlllo~al Property Idenllfler($) and/or Other lefo~-meflon "' ]NATURE OF EASEMENT TRANSFERRED 1. The free, uninterrupted and unobstructed right and easement for the Transferee, its successors and assigns, and its and their agents, employees, contractors, tenants, invitees, licensees, customers, clients and patrons to use the lands described in Box 5 for the purpose of pedestrian and vehicular access, both ingress and egress, between Kingston Road and that part of Lot 6, Plan 228, Picketing, comprising Parts 2, 3, 4, 5 and 6, Plan 40R-10643. 2. The Transferor covenants that it shall not erect any building or structure nor place or remove any fill on or from any p',u't of the lands without the express written consent of the Transferee. 3. The Transferor hereby releases the Transferee from any claim which may arise out of the exercise by the Tr,,msferee of the right and easement granted hereby. 4. The Transferor covenants that it shall execute such further assurances of the right and easement granted hereby as may be required by thc Transferee. 5. The burden of this Transfer and of all the covenants contained herein shall run with the lands herein described. 6. This Transfer shall be binding upon and shall enure to the benefit of the parties hereto and their respective successors and assigns. 10178 (12/84) SCHEDULE B ~..~__ P~ovmce A o, Transfer/Deed of Land Fom~ 1 -- Land Registration Reform Act, 1984 11) R~t~ Q L~Tlt~ ~ 2) Page 1 of pages 3) Pr~ B[~k Pr~e~y I~tlfle~s) Additionsl: (4) Consld~atlon Two 2.~ D~tare (5) De~rlptlon This is a: Pro~y Pro~y Division P~ Lot 169, Registr~'s Compiled PI~ 816, ~g P~ 5, PI~ 40R-14623 and P~ ~t 6, PI~ 228, ~g P~ 12, PI~ 40R-14623 New Pro~e~ Identifiers Ex~utions Town of Picke~g Additional: Region~ MuMcipMity of D~ment New Ea~ment : Additional [ F~ Simple Contains Plan/S~etch ~ ; Degription ~ Paaies ~ Other ~ ~sement (8) Trens~ro~s) The transfero~ hereby transfers tbe land to the transferee and ce~ifi~ that the transferor is at [~st eighth years old and that Dale of Signature N~DL~DS-ROUGEMO~ CENTRE INC. Signature(s) y M D >(9) Spouse(s) of Transferor(s) I hereby consent to this transaction Date of Signature Name(s) Signature(s) Y M D (10) Transferor(s) Address Suite ]01,49 Wynford DFJv¢, Don Mills, Ontario M3C 1J$ for Service >(11) Transferee(s) Date of Birth Y M D THE CORPORATION OF THE TOWN i , Wa~,h~ M~/y6~ .................. OF PICKERING ; (12) Transferee(s) Addmse for Service Picketing Civic Centre, One The Esplanade, Pickerlng, Ontario L1V 6K7 1(13) Transferor(s) The transferor verifies that to the best of the transteror's knowledge and belief, this transfer does not contravene section 49 of the Planning Act, 1983. Date of Signature Date of Signature I Solicitor for Transferor(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 Z~ I and belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature ~[ Name and I Y I M { D ~D IAddreSSsolicitor of ~.~gnature ........................... ,: ...... i: ....... ~ll ~ (14} Sollclter for Tranafeme(a) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records ~: ~ ~ reveal no contravention as set out in subclause 49 21a c) ii) of the Planning Act, 1983 and that to the best of my knowledge and belief this ~IE,~ ~ trag~fer ~oes not contravene section 49 of the Planning Act 1983. I act independently of the solicitor for the transferor(s) and I am an Ontario F. ~ ~ ~c [ sol,crier m good stand~:J. ~- ~- Name and Date of S~gnature (15) Asse~menfof Pro~ertyR°ll Number Cry. i Mun.'{lI Map i[ Sub Par. Not Assigned '~I Fees and Tax =(16 nl I &Add ~ of Properly ' (17) Docum~n! Prapar~l by: ~ I'Registrati°n Fee 10173 (12/84) o,Pr°v''c" Schedule .....Ontario S Form 5 -- Lm-.d Regls~tlo~ R~lorm A~ 1~ Page ~Ad~tWnal Pr~ I~nflfle~s) ancot Ot~r Inf~at~n NATU~]~ OF EASEMENT TRANSFERREI~ 1. The free, uninterrupted and unobstructed right and easement for the Transferee, its successors and assigns, and its and their agents, employees, contractors, tenants, invitees, licensees, customers, clients and patrons to use the lands described in Box 5 for the purpose of pedestrian and vehicular access, both ingress and egress, between Kingston Road and that part of Lot 6, Plan 228, Picketing, comprising Parts 2, 3, 4, 5 and 6, Plan 40R-10643. 2. The Transferor covenants that it shall not erect any building or structure nor place or remove any fill on or from any part of the lands without the express written consent of the Transferee. 3. The Transferor hereby releases the Transferee from any claim which may arise out of the exercise by the Transferee of the right and easement granted hereby. 4. The Transferor covenants that it shall execute such further assurances of the right and easement granted hereby as may be required by the Transferee. 5. The burden of this Transfer and of all the covenants contained herein shall run with the lands herein described. 6. This Transfer shall be binding upon and shall enure to the benefit of the parties hereto and their respective successors and assigns. Om 10178 (12/84)