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HomeMy WebLinkAboutBy-law 2636/88 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2636/88 Being a by-law to authorize the execution of a Transfer of certain storm sewer easements in Plan 40M-1499, Pickering, from Silwell Developments Limited and Berma Estates Limited to The Corporation of The Town of Pickering. WHEREAS, The Corporation of the Town of Pickering requires storm sewer easements over certain lots in Plan 40M-1499, for the purpose of draining storm water through Plan 40M-1499, and pursuant to the provisions of section 193 of the Municipal Act, R.S.O. 1980, chapter 302, the Council of The Corporation of the Town of Pickering 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: 1. The Mayor and Clerk are hereby authorized to execute a Transfer of storm sewer easements, in the form attached hereto as Schedule A, from Si]well Developments Limited and Berma Estates Limited to The Corporation of the Town of Picketing over those parts of Lots 1, 7, 8, 14, 15, 19, '20, 24, 25, 31, 32, 37, 38, 43, 44, 49, 50, 56, 57, 63, 64, 69, 70, 74, 75, 77, 78, 85, 86, 87, 88, 95, 96, 101, 102, 111, 112, 117, 118, 124, 125, 126, 127, 128, 132, 133, 134, 135, 151, 152, 157, 184, 185, 202 and 203, Plan 40M-1499, Pickering, designated as Parts 1, 2, 4-31 and 33-57, Plan 40R-10872, Pickering. BY-LAW read a first, second and third time and finally passed this llth day of January, 1988. ~(-E. A~r's~6n, Ma~or // /? v~ Taylor, ~r~/ / T(>Wh~ OF THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2636/88 Being a by-law to authorize the execution of a Transfer of certain storm sewer easements in Plan 40M-i499, Pickering, from Silwell Developments Limited and Berma Estates Limited to The Corporation of The Town of Picketing. WHEREAS, The Corporation of the Town of Pickering requires storm sewer easements over certain lots in Plan 40M-1499, for the purpose of draining storm water through Plan 40M-1499, and pursuant to the provisions of section 193 of the Municipal Act, R.S.O. 1980, chapter 302, 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 Pickering HEREBY ENACTS AS FOLLOWS: i. The Mayor and Clerk are hereby authorized to execute a Transfer of storm sewer easements, in the form attached hereto as Schedule A, from Silwell Developments Limited and Berma Estates Limited to The Corporation of the Town of Picketing over those parts of Lots 1, 7, 8, 14, 15, 19, 20, 24, 25, 31, 32, 37, 38, 43, 44, 49, 50, 56, 57, 63, 64, 69, 70, 74, 75, 77, 78, 85, 86, 87, 88, 95, 96, 101, 102, 111, 112, 117, 118, 124, 125, 126, 127, 128, 132, 133, 134, 135, 151, 152, 157, 184, 185, 202 and 203, Plan 40M-1499, Picketing, designated as Parts 1, 2, 4-31 and 33-57, Plan 40R-10872, Picketing. BY-LAW read a first, second and third time and finally passed this llth day of January, 1988. ~o~hff-E. A~rt:l~r~6n, MaXtor · Br~ce Taylor, ~lorkt' TOVYN OF SCHEDULE A '~'~ ..... o,,,~,,o°'~'°~'"~' Transfer/Deed of Land Fo~ 1 ~ Land Re~lmll~ Re/~ Acl. 1984 (I) Reg/I(~ ~ Land TIt~el ~ ~2) Page (3) Pr~efly etak Proped~ Identifier(e) (4} Consideration (5) Oe~lplion This is a: Pro~y Pro~dy Oivislo~ ~ ConsolidaUon PacC O[ Pactel Plan 1, Secc~on tn the To~n o[ Ptcke;tng, tn HewPfopeuyIdenlifims Hunlc~pa[tcy oE Durham as sec ~l;~na~: Schedu[e aC:ached. Contains Plan/$kelch [] i Doscriplion [--~ Parties ~J Olhe~' lj~ /~ Date ol SILWELL DEVELOPMENTS LIMITED Per:~ [ ~[ ~ 'd t ] ............................................. CorporaCion~.. ~ ~ ............ J ...... (10) lran,leror{s)Addre~ .~950 Yonge Street, Suite 910 ;orSe~, Nort~ York, enrage M2N 6KI (12) Tr~s~er~(s)Add~ss 1710 Kingston Road Picketing. Ontario LtV iCl Address OI { ~ ~[ soIicilor In good slanding. I I ~ I " ~'on,'~,. ........................... ~ ...... ',.. :-.. >06) MuniCipal Address el P~opedy ' (17) O~umen{ Prepar~ (IRWIN COOPER) I~[l~d ~.er Tax Not Rsstg~ed STRAUSS, COOPER Bar:isters & Solicitors 347 Bay Street, Suite 800 Toronto, Ontario M511 2R8 .......... ' 869-~950 Form 5 -- Land Regbtratlo~ Reform Act. 1~ p~ 2 o ~ 6 ~. ~he ~Fans[eFo~ hereby transfers to the ~rans~e~ee the ~ee, uninterrupted and unobstructed Fight and easement to construct, operate and maintain such storm drainage works, to~etheF with any appurtenances thereto as may be required [Fom time to time Jrt, under and across the lands herein described, tosether with a FJsht o[ the Transferee, its successors and assi;ns and its and their servants, agents and workmen, with ail necessary e~uipment, machinery and vehicles to enter upon the ]ands at ail times and to pass and ~epass thereon replacin; (]nc]ud~8 ~ep]acement with storm draJnage works o[ lar;eF size and capacity) and maintaJ~Jn; the storm drainage works o~ any pa~t thereo~ o~ appurtenances thereto to be constructed) ~econstructed, examined, repaired, ~enewed, replaced o~ maintained situate on the lands. Z. ~he ~ransferor covenants that tt shah ~ot erect any bui]dJn8 oF structure nor place or remove any fill on oF ~rom any part o~ the ]ands without the express written consent of the ~rans/eree. 3. The ~ransferoF hereby releases the ~ans~eFee [~om an~ claim which may ar~se out o~ the exercise by the ~rans~eree o[ the right a~d easement KFa~ted here- by, oF wh]ch may arise out of the existe~ce o~ operation o~ the storm draiaa~e wor~s, provided the ~ansfe~ee fi]is Jn ail exca~aHons and as ~a~ as Js practi- cable restores the sur[ace to the condition exist~ p~ioF to any entry thereo~ to exercise the ri;bt hereby gFanted. 4. ~he ~rans[eroF covenants that it shah execute such [urther assurances o~ the Fight and easement granted hereby as may be ~equ~red by the Transferee. 5. ~he burden o~ this ~rans[eF a~d of ail the covenants contained herein shah with the lands herein described. 6. ~his ~Fansfe~ shah be binding upon and shall enure to the benefit of the parties hereto sad theiF respective successors and assigns. EAND ~NE~ED (DOM~NAN~ TENEMeNt) 7. ~he bene[it o~ th~s ~Fa~s~e~ and aH o~ the covenants co~tained herein shall with ali other ]a~ds and interests in land owned, occupied oF used by the · Fansferee, its successors and assigns ~oF the purpose o~ operatic; and main- tainJ~ storm d~aina~e wor~s. ~ .,o~,.~. Schedule S ' Onlario Form 5 -- Land Reglslration Ralorm Act, 1984 of 6 Page ~ DESCRIPTION i. Part of Lot 7, Registered Plan 4OM'-~ designated as Part 1 Reference Plan 4OR-~)~7~ 2. Part of Lot 8, Registered Plan 40M-~ designated as Part 2 Reference Plan 4OR-~O~7~ 3. Part of Lot 14, Registered Plan 4OM-;4~ designated as Part 4 Reference Plan 4. Part of Lot 15 Registered Plan 4OM-~ designated as Part 5 Reference Plan 5. Part of Lot 19 Registered Plan 4OM-]~q~ designated as ~.~ ~ .~.n~ ~,~. ~o~-10~7~ 7. Part of Lot 24 Registered 8. Parc of LoC 25 Registered Plan 4OM-/~ designated as 9. Part of Lot 31 Registered Plan 4OM-;4~ designated as IO. Part of Lot 32 Registered Plan 40M-;4~ designated as Part 11 Reference Plan 11. Part of Lot 37 Registered ~ ~ .~e~c~ ~a~ ~O~-/p~7~ 12. Parc of LoC 3~, Registered Plan 4OM-/~ designated as Part 13 Reference Plan 4OR-/~7~ 13. Part of Lot 43, Registered Plan 4OM-;~ designated as Part 14 Refers,ce Plan 4OR-/~7~ 14. Part of Lot 44, Registered Plan 4OM-]~ designated as 15. Part of Lot 49, Registered Plan*4OM-]~ designated as 16. Part of Lot 50, Registered Plan 4OM-~ designated as 17. Part of Lot 56 Registered Plan 4OM-~ designated as Part 18, Reference Pla~ 4OR- /~7X 18 Part of Lot 57 Registered Plan 4OM-~ designated as Part 19, Reference Plan 4OR-/~7~ O -ldqq designated as 20 Part of Lot 64 Registered Plan 40M-~4~ designated as 21 Part of Lo~ 69 Registered Plan 4OM-]~ designated as Part 22, Reference Plan 4OR-/~7~ 22 Part of Lot 70 Registered Plan 4OM-~ designated as ~ :.,.,~ Schedule Form 5 -- Land Registration Reform Act, 1984 S p~ ~ of 6 rAddlllonal Property Identlfle~($) and/or Other information 23. Part of Lot 74, Registered Plan 40M-].~ designated as Part 24, Reference Plan 25. Part of Lot 77, Registered Plan 4OM-]~q9 designated as Part 26, Reference Plan 40R-/~7~ Part 27, Reference Plan 4OR- /0~7~ 27. Part of Lot 85, Registered Plan 4OM-~4q9 designated as 28. Part of Lot 86, Registered Plan 4OM-]4~ designated as 29. Part of Lot 87, Registered Plan 4OM-~ designated as Part 33, Reference Plan 40R-/0~27~, Part Registered Plan ,o,-14qq .esig.ated as Part 34, Reference Plan 4OR- /~ 33. Part of LOC 101, Registered Plan 40"-)~q~ designated as ~ 3~, ~.c~ ~. ~0~-/~7f 34. Part of Lot 102, Registered Plan 4OM-~ designated as 36. Part of Lot 112, Registered Plan 40M-/~q~ designated as 37. Part of Lot 117, Registered Plan 4OM-/~designated as Part 39, Reference Plan Part 40, Reference Plan 39. Par~ of ho~ 124, Registered Plan 40~-14q~ designated as ~o. ~a~ o~ ~o~'~, Par= 4~, Reference Ptan 41. Part Of LO' 126, Registered Plan 42. Part of LOt 127, Reg,stered Plan Part 44, Reference ~lan 43. Part of Lot 128, Registered Plan 4oM-14qq designated as Part 45, Reference Plan 4OR- Part 46, Reference Plan -~o,"'°"nc' Sched u le Form $ -- L~nd Regl~tralion Relonn Ac1, 1984 Pa~e, 5 of 6 ~ Addition,a properly Identlllef(l) a~d/or Olhef Inlo~mallon 4~. Part of Lot 133, Registered Plan 4OM-]4(~ designated as Pa:c 47, Re~e~ence Plan 4OR-/~7~ 46. Part of Lot 134, Registered Plan 4OM-ff~ designated as Part 48, Reference Plan 4OR-/~ 47. Part of Lot 135, Registered Plan 4OM-/~ designated as Part 49, Re[erence Plan 48. Part o[ got 157, EegfsteCed Pla. GOH-~ designated as Part 50, Reference Plan 69. Par: of ~o: 152, .eg*scered Plan*o,-/~q des*gnawed as Parc 51, Reference Plan 50. Parc of ~oc 1St, Registered Plan ~OM-ff~ designated as ea~ ~, ~e ~ta~ 51. Part of Lot 184, Registered Plan ~O~-14qq designated as Part 53, Reference Plan ~0.-/~7~ ear~ 56, Re~e~ence Plan GOR- 53. Par~ of not 202, Registered Plan 4OM-]~ dest8nated as Pa;~ ~, ~;~ P~. ~O~-/~7A 54. Part of Lot 203, Registered Plan 40M-[~ designated as P,:~ ~6, ~~ P~ ~o~-/~7~ 55. Part of Lo, 1, Registered Plan 4OM-1~99 designated as Form 1 · Lend Transfer Tax Act Page 6 of 6 Affidavit of Residence end of Value of the Consl~retion Par~ Lots l, 7-8, 14-15, 19-20, 24-25. 31-32, 37-38, ~, T,[ ~TT;, O; m; CO,WYA,CE O~ ~~ 43~4~ 49-50. 56-57. 63-64. 69-70, 74-75, 77-78~ 85-88, "v~B~;=t, Limited and Berma Est~te~ ~imited Th~ Cor~or~tion o[ {h~ To~n o[ Picketing MAKE OATH AND ~AY THAT: The Corooradon o[ Lite Town o[ PIckerin~ : N~n~ (a) Monl~ pe~ ~ to be pe~ In cash ............. , .................... ~ 2.00 {I}) G~en ~ to ~or ............................... S ~i I (gl VALUE OF LAND. gUILOING, FIXTURES ANO GOO~LL SUBJECT TO [AND TRANSFER TAX (ToIaloI(e) tO(U} ........................ $ Nn r~l~p h~tw~n tr~e~r Tran;fer of alarm sewer easements ~o a municipality pursuant to Subdivision A~reement ~equirements. Sworn ~lore me et 1~ mawr at Pickering l. th. Reaional Municipality of Durham lhil 2isa d,vo~ December, m 87. ACommlsllone, lo, ,ekl~All~alt,..,¢. C, M. Tlmothy'~e'{rleld Property Informetlon Record A. Describe natureof Instru~nt: TraRsfer/Deed of Land B. {I) A~r~ of ~OWIV ~t~ convey~ ~ e~eiM) n/8 (il) A~s~nl Roll NO. ffl 1710 KlnRston Road, Picketing, Ontart~ LIV ttt}L~r~t~notm~lVc~v~: S~ es ~ D.(I} ~. V~ No~ No{ k~n ~ C. M. Timothy Sheffield Fo, L~ Rqlstry OIf~ u~ only Town 8elicitor REOISTRATION NO. 'Town of Pickerln~ 1710 Kingston Road Picketing, Ontario R~lstratlon Dale LIV IC7 /- ~' ~~ ~~/ · s ~. ~, ~~ ~~ , ."' , / / I ~,, ....... ' ~ ~-~'~ '~, " '~' ....... '" The lown of Picketing I ''''" ''' LEGAL DEPARTMENT Storm Sewer Easements - Plan 40M-1499, Picketing