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Home My WebLink AboutBy-law 4076/92 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 4076/92 Being a by-law to authorize the acquisition of a Storm Drainage System Easement over Lots 7, 8, 19, 20 and 45 and Block E, Plan 406, Pickering (Parts 1, 2, 3 and 7, Plan 40M-6718) and Part Lot 15, Range 3, Broken Front Concession, Pickering (Part 2, Plan 40R-6719, except Part 1, Plan 40R-13780)from the Metropolitan Toronto and Region Conservation Authority, and the execution of the Transfer of Easement necessary to effect such acquisition. WHEREAS, pursuant to the provisions of subsection 191(1) of the Municipal Act, R.S.O. 1990, chapter M.45, the Council of The Corporation of the Town of Picketing may pass by-laws for acquiring land required for the purposes of the Corporation; and WHEREAS The Corporation of the Town of Picketing wishes to acquire a Storm Drainage System Easement over Lots 7, 8, 19, 20 and 45 and Block E, Plan 406, Picketing (Parts 1, 2, 3 and 7, Plan 40M-6718) and Part Lot 15, Range 3, Broken Front Concession, Picketing (Part 2, Plan 40R-6719, except Part 1, Plan 40R-13780) from the Metropolitan Toronto and Region Conservation Authority for storm water management purposes; and NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Corporation of the Town of Pickering shall acquire from the Metropolitan Toronto and Region Conservation Authority a Storm Drainage System Easement over, (a) all of Lots 7 and 8, Plan 406, Picketing, now designated as Part 7, Plan 40R-6718; (b) all of Lot 19, part of Lot 20 and part of Block E, Plan 406, Pickering, now designated as Part 3, Plan 40R-6718; (c) part of Block E, Plan 406, Pickering, now designated as Part 2, Plan 40R-6718; (d) part of Block E and all of Lot 45, Plan 406, Picketing now designated as Part 1, Plan 40R-6718; and (e) part of Lot 15, Range 3, Broken Front Concession, Pickering, now designated as Part 2, Plan 40R-6719, save and except that part thereof designated as Part 1, Plan 40R-13780 at a purchase price of two dollaxs, for storm water management purposes. 2. The Mayor and Clerk are hereby authorized to execute a Transfer of Easement, in the form attached hereto as Schedule A, from the Metropolitan Toronto and Region Conservation Authority to The Corporation of the Town of Picketing to effect the acquisition referred to in section 1. BY-LAW read a first, second and third time and f'mally passed this 4th day of Augnst, 1992. SCHEDULE ~o,m ~, ~0 Province Transfer/Deed Land Ontario A Form 1 -- Land Registration Reform Act, 1984 (1) Registry [~ Land Titles [] '~2) Page 1 of pages (3) Property Block Property ) ~el~t~fler(a) AddRional See Schedule (4) Consideration Two Dollars $ (S) Description This is a: Property Property Division [] Consolidation [] See Schedule Attached New Property Identifiers Additional: See Executions Town of ?ickerins Additional: Regional Municipality of Durham See Schedule [] (6) This {a) R~:[escr[ption ' (b) Schedule for: (7) Interest/Estate Transferred Document New Easement Additional Fee Simple Contains Plan/Sketch [] Description [] Parties [] Other [~ Easement r (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 THE METROPOLITAN .TOROI~Q AND ............................................, .... i, .. i... REGION CONSERTfATION AUTTHQRATY. (9) Spouse(s) of Transferor(s) I hereby consent to this transacbon Date of Signature Name(s) Signature(s) Y U D (10) Transferor(s) Address for Service 5 Shoreham Drive, Downsview, Ontario M3N 1S4 {11) Transtereeis) Date of Birth THE CORPORATION OF THE lOB{lC. Wayne Arthurs, Mayor OF PICKERING. .............................................. Bmbb'T~iylb~'; CIe]CE .............................. (12) f'l'orra,~f~[~ee(S) Address Pickering Civic Centre, One The Esplanade, Pickering, Ontario L1V 6K7 ! (13)pT~:~:~n~;OAr(c~! 1Tghs~3 transferor verifies that ,o th: be[~;t~. oti,~;itM~aicuf reiOi'S, knowledge and belief, this transfer does not contrav:neDs;tCetioOfys41;~aft tuhr~ Signature ......................... i ...... I., . ~... i Signature .......................... i ...... ! ! .... nF' I Address of iOI Solicitor ~lgnature ........................... ' ...... ' ....... ,'E I = c~ ~ { sohcttor m ~3od standing. I ~- I~= I Name and Date of Signature ~[ Solicitor (15) Assessment Roll Number i Cb/ i Mun i Map ' Sub Par I~ Fees and Tax ef Properly i : I not assigned C.M. Timothy Sheffield _ Land Transfer Tax Town Solicitor c Town of Pickering One The Esplanade Pickering, Ontario ~om .2/~,~) ,~, L1V 6K7 Total Province S o, Schedule ...... Ontario Form 5 -- Lam] Reg~trat[o~ Reform Act, 1~4 Page rAddltlonel Property Identifier(s) and/or Other Infomtatlon (5) DESCRIPTION (a) all of Lots 7 and 8, Plan 406, Pickering, now designated as Part 7, Plan 40R-6718; (b) ail of Lot 19, part of Lot 20 and pan of Block E, Plan 406, Pickering, now designated as Pan 3, Plan 40R-6718; (c) pan of Block E, Plan 406, Picketing, now designated as Pan 2, Plan 40R-6718; (d) pan of Block E and all of Lot 45, Plan 406, Pickering now designated as Pan 1, Plan 40R-6718; and (e) pan of Lot 15, Range 3, Broken Front Concession, Picketing, now designated as Pan 2, Plan 40R-6719, save and except that pan thereof designated as Part 1, Plan 40R-13780 (7) INTEREST/ESTATE TRANSFERRED The Transferor hereby transfers an easement, or right and licence in the nature of an easement at any time to enter upon the lands of the Transferor described in Box 5 on page I (herein called the "Lands"), for the purpose of laying down and constructing, maintaining, inspecting, altering and repairing storm sewers and related appurtenances incidental thereto, and for the purpose of overland storm drainage, along and upon the Lands, and of keeping and maintaining the same at all times in good condition and repair and for every such purpose the Transferee shall have access to the Lands at all times by its servants, employees, workers, agents and contractors along with the necessary machinery, material, vehicles and equipment. The Transferee shall fully indemnify and save harmless the Transferor in respect to any and all claims for damages, injury or loss of any nature, caused to any person or property resulting in any way either directly or indirectly from the granting of this easement or related works. The Transferee covenants with the Transferor that the Transferee shall at ail times carry out any construction, maintenance or repairs required resulting in any way either directly or indirectly from the installation of the sewers, related appurtenances or use of the easement area. The rights, easements and privileges granted herein are subject to al/ prior rights, easements and privileges affecting the Lands and the Transferee agrees to be bound by all the terms and conditions of such prior rights, easements and privileges. For the purposes of constructing, maintaining, inspecting, altering and repairing the storm sewers and related appurtenances incidental thereto, and for the purpose of overland storm drainage, the Lands are to remain clear of and unencumbered by buildings, structures, improvements or expensive landscaping (other than approved in writing by the Transferee's Director of Public Works), no fill shail be deposited on the Lands without the written approval of the Director, nor shall any other thing be done which might injure or damage the works or render more cosily the restoration of the Lands. The burden of this Transfer of Easement shall mn with the Lands and shall extend to and be binding upon the Transferor, its successors and assigns. The benefit of this Transfer of Easement shall mn with the lands vested in the Transferee and shau enure to the Transferee, its successors and assigns.