HomeMy WebLinkAboutBy-law 4017/92 THE CORPORATION OF THE TOWN OF PICKERIN~
BY-LAW NO. 4017/92
Being a by-law to authorize the execution of a
Transfer/Deed of Part Lot 2, Plan 1051 (Parts 2, 3 and
4, Plan 40R-11865) to W. and P. Sozanski, subject to an
easement over Part 3, Plan 40R-11865.
WHEREAS The Corporation of the Town of Picketing is the owner of that part of Lot 2, Registrar's
Compiled Plan 1051, Picketing, designated as Part 1, Plan 40R-9433, which it obtained from Wasyl
Sozanski and Paraskewia Sozanski for incorporation into Heathside Crescent and for municipal
servicing purposes pursuant to an Agreement dated July 2, 1985; and
WHEREAS that Agreement requires that any lands acquired pursuant to it and not incorporated into
Heathside Crescent or used for municipal servicing purposes be returned to the original owner; and
WHEREAS that part of Lot 2, Registrar's Compiled Plan 1051, Picketing, now designated as Parts 2, 3
and 4, Plan 40R-i1865, has not been incorporated into Heathside Crescent or used for municipal
servicing purposes (except Part 3, Plan 40R-I1865, which has been used in part for a municipal storm
sewer); and
WHEREAS, pursuant to the provisions of section 191(1) of the Municipal Act, R.S.O. 1990, chapter
M.45, the Council of every municipal corporation may pass by-laws to dispose of any land when it is no
longer required for the purposes of the corporation;
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/Deed, in the form attached
hereto as Schedule A, of that part of Lot 2, Registrar's Compiled Plan 1051, Picketing,
designated as Parts 2, 3 and 4, Plan 40R-11865, from The Corporation of the Town of Picketing
to Wasyl Sozanski and Paraskewia Sozanski, subject to an easement over Part 3, Plan
40R-11865, for storm drainage purposes, for a consideration fixed at $2.00.
BY-LAW read a first, second and third time and finally passed this 15th day of June, 1992.
Bruce Taylor, Clerk
TOWN OF
PtCKERING
APPROVED
AS TO FORM
LEGAL DEPI.
SCHEDULE A ...... ,7°
On{ar~oo'Pr°vInce Transfer/Deed of Land A
Form I -- Land Registration Reform Act, 1984
(1) Regl~tW [] LandTlfles [] ]~2) Page1 of pages
(3) Prooert~ Block Property
Identlflar(s) Additional:
Schedule
(4) CoealderMlon
Two Od,ars $ 2.00
(5) Deacrlptlon This is a: Property Property
Division [] Consolidation []
Part Lot 2, Registrar's Compiled Plan 105 I, being
Jew Property Identifiers Pal'tS 2, 3 and 4, Plan 40R-11865.
Additional: Subject to an easement affecting Part 3, Plan 40R-11865,
s~ as set out in thc Schedule hereto.
Schedule
Executions
Additional Town of Picketing,
Sch,do~* [] Regional Municipality of Durham
(6) This (a) Redescription (b) Schedule for: (7) IntamsUEstafe Transferred
Document New Easement Additional Fee Simple
Contains Plan/Sketch [] Description [] Parties [] Other []
8) Transferor(s) The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years old and that
Date of Signature
Y M D
:'I:O~N QF P!CKEI~NG .............................................................. ~ ......
)duse(s) of Transferor(s) I hereby consent to this transaction Date of Signature
Name(s) S~gnature(s) Y M D
(10) Transfe¢or(s) Address
for Service One The Esplanade, Picketing Civic Centre, Picketing, Ontario LIV 6K7
<
I1) Transferee(s) Date of Bidh
Y M D
SQZAHSKI W sy[ (Owner) ,
SDZANSKI, .Paro k wid. (.Owne0 .................................................. .......... ::...
(12) Transferees(s) Address
for Service 1893 Appleview Road, Picketing, Ontario LiV 1T7
<
(13) Transfero~(s) The transferor verifies that to the best of the transferor'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 explainsd the effect of section 49 of the Planning Act, 1983 to the transferor and I have made inquiries of the transleror
~ to determine that this transfer does not contravene that section and based on the information supplied by the transferor, to the best of my knowredge
;~ and belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature
_Oi Name and I Y ! M i D
~J Address of
O J Solicitor S~gnature ........................................
< J~ ~,J 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
-m/--e ~ I transfer does not contravene section 49 of the Planning Act 1983 I act independently of the solicitor for the transferor(s) and l am an Ontar o
BI ,o,c,or in good standing.
J -- ~ J Address of Y M D
~I Signature .......................... ' ...........
(15) Asseeament Roll Number i Cty ; Mun: Map Sub Par Fees and Tax
of Propel~y ; ',
>(16) Municipal Address of Property : ; ' ~jj Registration Fee
(17) Document Prepared by:
1690 Heathside Crescent C.M. Timothy Sheffield ~lJLand Transfer Tax
Picketing, Ontario Town Solicitor
Town of Picketing
One The Esplanade ~_~,
Pickering, Ontario
J 1¥' F~I<~'/ Total
~ Ontario°'Pr°v''ce Schedule
Form 5 -- Land Regblratlon Refon~ Act, 19~4
Page
rAdd#1onal Property Identifier(l) and/or Other Information
(7) EASEMENT RESERVED BY THE TRANSFEROR
Subject to the following terms and conditions, the free, uninterrupted and unobstructed right and
easement to lay, construct, operate, maintain, inspect, alter, repair, replace, reconstruct and
remove storm drainage works together with appurtenances thereto (herein called the "works") in,
over, along, across, upon and under that portion of the land described in Box 5 being Part 3, Plan
40R-11865 (herein called the "lands"), together with the right to the Transferor, its servants,
agents and contractors with all necessary vehicles, supplies and equipment to enter onto the
lands and pass and repass over the lands for the purpose of exercising or enjoying 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:
1. The Transferor shall, except in case of emergency, before commencing any work
authorLzed hereby, give to the Transferee forty-eight hours previous written notice
thereof, and in cases of emergency such previous notice thereof as is reasonably
possible.
2. Upon completion of any work, the Transferor 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.
3. The Transferee shall not erect any building or structure (except a fence) 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 Transferor.
4. 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 Transferee may from time
to time renew or extend these or make new ones, so long as they do not interfere
urLreasonably with the right and easement herein granted.
5. The Transferee hereby releases the Transferor from any claim which may arise out of
the exercise by the Transferor of the right and easement granted hereby or which may
arise out of the existence, operation or non-operation of the storm drainage works
provided the Transferor has complied with all of the terms and conditions herein.
6. The Transferee shall execute such further assurances of the right and easement granted
hereby as the Transferor may reasonably request in writing.
7. The burden of this Easement and of all the terms and conditions contained herein shall
run with the lands.
8. This Easement and all of the terms and conditions contained herein shall enure to the
benefit of and be binding upon the Transferee and the Transferor and their respective
heirs, executors, administrators, successors and assigns.
LAND BENEPI'I"I't~D BY EASEMENT (DOMINANT TENEMENT)
9. The benefit of this Easement and all of the terms and conditions contained herein shall
run with the land described as,
Ihat p~ of Lot 2, Regislrar's Compiled Plan 1051, pjeIrnring, now desi?~ed ~s Pan 5,
~0178 (12/84)