Loading...
HomeMy WebLinkAboutBy-law 2649/88 THE CORPORATION OF TttE TOWN OF PICKERING BY-LAW NO.2649 /88 Being a by-law to authorize the execution of a Transfer of certain storm sewer easements in Plan 40M-1510, Picketing, from Grand Oak Homes (Eastern Division) Inc. 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-1510, for the purpose of draining storm water through Plan 40M-1510, 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 Picketing 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 Grand Oak Homes (Eastern Division) Inc. to The Corporation of the Town of Pickering over those parts of Lots 13 and 14, Plan 40M-1510, Pickering, designated as Parts 1 and 2, Plan 40R-10920. 2. The Mayor and Clerk are hereby authorized to execute a Transfer of storm sewer easements, in the form attached hereto as Schedule B, from Grand Oak Homes (Eastern Division) Inc. to The Corporation of the Town of Picketing over those parts of Lots 37 and 38, Plan 40M-1510, Picketing, designated as Parts 1 and 2, Plan 40R-10922. BY-LAW read a first, second and third time and finally passed this 18th day of January, 1988. f ~:il~n ~E~-Anderson, [vlayor Br'uc'e Taylor, Cl~rk/ TOWN OF ~ICKERING APPROVED S TO FORM '.. .EGAL DEP'~ THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO.2649 /88 Being a by-law to authorize the execution of a Transfer of certain storm sewer easements in Plan 40M-1510, Picketing, from Grand Oak Homes (Eastern Division) Inc. 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-1510, for the purpose of draining storm water through Plan 40M-1510, 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 Grand Oak Homes (Eastern Division) Inc. to The Corporation of the Town of Picketing over those parts of Lots 13 and 14, Plan 40M-1510, Picketing, designated as Parts 1 and 2, Plan 40R-10920. 2. The Mayor and Clerk are hereby authorized to execute a Transfer of storm sewer easements, in the form attached hereto as Schedule B, from Grand Oak Homes (Eastern Division) Inc. to The Corporation of the Town of Pickering over those parts of Lots 37 and 38, Plan 40M-1510, Pickering, designated as Parts 1 and 2,-Plan 40R-10922. BY-LAW read a first, second and third time and finally passed this 18th day of January, 1988. TOWN OF PlCKERING APPROVED S TO FORM LEGAL D EP"~. THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2649 /88 Being a by-law to authorize the execution of a Transfer of certain storm sewer easements in Plan 40M-1510, Pickering, from Grand Oak Homes (Eastern Division) Inc. 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-1510, for the purpose of draining storm water through Plan 40M-1510, 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 Grand Oak Homes (Eastern Division) Inc. to The Corporation of the Town of Picketing over those parts of Lots 13 and 14, Plan 40M-1510, Picketing, designated as Parts 1 and 2, Plan 40R-10920. 2. The Mayor and Clerk are hereby authorized to execute a Transfer of storm sewer easements, in the form attached hereto as Schedule B, from Grand Oak Homes (Eastern Division) Inc. to The Corporation of the Town of Pickering over those parts of Lots 37 and 38, Plan 40M-1510, Pickering, designated as Parts 1 and 2, Plan 40R-10922. BY-LAW read a first, second and third time and finally passed this 18th day of January, 1988. ~'6n' ~E f-Ander son, IViayor ;/' Bruce Taylor, Cl~rk/ TOWN OF PICKERING APPROVED iS lO FORM _EGAL D r_ P~/ des$~na~ed as Par~s ~ and 2 on P~an q0R- ~ E Land Titles Division of Durham (No. 40) (e) Th~ (a) R~cdpt~ [(b) Schedule for: I (~ InM~ T~ C~ Pm~ketch ~ :1 O~i~n ~ Pa.i. ~ Ot~ ~ ~sement GRAND OAK HOMES EASTERN DIVISION) INC. . ~...~.~ ...... ~. ~.~ 09 ' <Oats o~ S~netu~ >(9) S~u~e) of Tmnsf~o~e) I ~y con~nt to this tran~cti~ Na~(s) $ig~tu~s) Y M forS~ 2837 Yonge S~ee~, Suite ~102, To~on~o, On~a~to ~N " ' Date of Bi~h  <. John E. Anderson, Mayor {.1988t 01~ (12) Trmef~l) Ad~ (13) Tr~lfiro~l) The transferor verifies that to the best of the translator's knowl~ge and ~lief. this transfer do~ not contravene ~ti~ 49 of the Plennl~ ~. 1~. Oate of SIg~tum Date of Signature Sollcll~ f~ Tranllemf(i) I have explain~ t~ eff~t ~ ~tl~ 49 of the Planning Act 1~ to the tra~f~ a~ I ~ m~e I~ulflM of t~ transfer~ to ~t~lne that this tra~f~ d~ ~t contravene thM ~1~ a~ ~ on t~ information au~l~ ~ t~ tm~f~or, to t~ ~t of ~ and ~l~f, this transfer d~ ~t ~travene Ihat ~tion. I am an Ontario solicitor In ~ s~ndl~. Date of SIg~tum Addr~ ~ Signature ........................................ (14) ~ ~ T~e) I ha~ I~stiget~ t~ title to this Fend a~ to a~fllng la~ W~m re~ a~ I em ~tlsf~ t~t ~ t~e ~ ~ ~tra~nti~ as ~t ~t in su~lause 49 (21a) (c) (11) of t~ Pianni~ ~t, 1~ ~ that to ~ ~ of ~ kn~ a~ ~lief thle trans~ ~s ~ c~tr~ ~tl~ 49 of the Planning A~ 1~. I act I~e~n~t~ of ~ ~ltor f~ t~ trenef~(s) e~ f im Iff Name a~ Data of 5~nature A~r~ ~ Y M O Signature. . ' M Pr~ (17) D~u~nt P~r~ ~ NOT ASSIGNED Goldman, Spring, Schwartz -~ and Kichler 60 Sheppard gvenue "~ Su~e ~0~73 (~2~4) o, Schedule ' ' Form S ~ Land Reglllrl~tofl Refon~ Act, 19~4 page2 of 5 ~Ad~lUonal Property Identlfle~.) end/or Olher Infarmellon 1, The Transferor hereby transfers to the Transferee the free, uninterrupted and unobstructed right and easement to constructt operate and maintain such storm drainage works, together with any appurtenances thereto as may be required from ti,~ to time in, under and across the lands herein described, together with a right of the Transferee, its successors and assigns and its and their servants, agents and workmen, with all necessary equipment, machinery and vehicles to enter upon the lands at all times and to pass and repass thereon for replacing (including replacement with storm drainage works of larger size and capacity) and maintaining the storm drainage works or any part thereof or appurtenances thereto to be constructed, reconstructed, examined, repaired, renewed, replaced or maintained situate on the lands. 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. 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, or which may arise out of the existence or operation of the storm drainage works, provided the Transferee fills in all excavations and as far as is practicable, restores the surface to the condition existing prior to any entry thereon to exercise the right hereby granted. 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. 7. The benefit of ~ls ~ansfer and all of ~e covenants con~ained herein shall r~ wi~ all o~er lands a~ lnteres~ in la~ o~ed, occupied or used by ~e ~ansferee, its successors and assigns for ~e ~r~se of operating a~ maintaining sto~ drainage works. Form 5 -- Land R~tmtlon Refomt Act, 19~4 Pege 3 of 5 ADDITIONAL SIGNATORIES AND THE BANK OF NOVA SCOTIA, being the registered owner of a Charge reEistered as Instrument Number LT 21~734 on the llth day of September, 1984, hereby consents to. and agrees in the transfer herein and for itself, its successors and assigns, hereby subordinates and postpones all estate, right, title and interest in the lands herein to the Transferee for the rights and easements herein contain~d. Power of Attorney registered on April 28, 1986 as Instrument [T268167 in the Land Registry Office for the Land Titles Division of Durham (No. 40). The Attorney states that to the best of the attorney's knowledge and belief, the Power of Attorney is still in force and effect. The Attorney states that the attorney is, at the time of execution of this instrument, the holder of the office referred to below. Date of Signature THE BANK OF NOVA SCOTIA - ENCUMBRANCER Y D M Ass~ton~Gene Fo14~cmc~;e/ · o, Schedule Form ,S -- Llfld Iq~blrMlofl Reform Act, 1~ 4 geqi.[eged a~ ~n.~en[ Numbe= ~Z 214737 on [he 11~ ~ay o~ Sep[embeg, 1984, hereby consents ~ and aqrees in ~e transfer ~rein ~d for itself, its successors and assiqns, hereby subordinates a~ ~stpones all es~te, riqht, title ~d interest in ~e lands herein to ~e ~ansferee for ~e riqhts easemen~ herein contained. ~UCHE BOSS LIHITED has ~en ap~inted liquidator oi ~e estate and effects of' Northla~ Ba~ under The ~indinq-up Act, R.S.C. 1970~ c. ~-10~ a~ amendments thereto pursuant to an Order of ~e Court of ~een~s ~nch of ~nito~ dated 20~ day of January, 1986, a certifi~ co~y of vhich Order ~as reqister~ ~nd Reqistry Office for ~e ~nd Titles Division of ~rh~ on ~e 13th day of Hay~ 1987 as Instrument LT 324335. Date of NORTHL~D BANK, In Liquidation - ENCUMB~NC~ Y /~ Touche Ross Limited ~~ "'" .................. er: .... H.W. Pilli~ Form I - Lind Trlnsf~r ~lX Act Affidavit of Residence and of Value of the Consideration Refer THE MATTER OF TIlE CONVEYANCE OF (Parts 1 an~ 2~ ~lan 40R-10920} . Grand Oak Homes (Eastern Division) Inat The Corporadon of ~he Town of C. M. Timothy Shefiield The Corvoration of the Town o[ Pickerin! {Ill Given ~k lo ve~or ............................... $ nil (gl VALUE OF LANO, BUILDINg, FIXTURES ANO GOO~ILL SUBJECT TO LANO TR~SFER TAX ~T~I~w/1~ ~ ........................ Nd rRl~tlnn~j~ hetw~n trmm[erdr ~wo~n~io~m~l I~ Town of Picketing In lhe Regional Municipality o[ Durhmn ' o,~, 12~ d~yo~ January, m88 ACommll,looa¢lorlaklngAIIklovll,..,c. C, M. Tlmoth~"tfleld Property Information Record A. DeK;rl~NInSlurlol In$lrumenl:. Transfer/Deed of Land a. (ti Add~ea il proper ly being conveyed (# ~ n/a (11) Al.tallmant Roll.No. [a,~ n/a 17[0 KInRston Road. PIckerinR. Ontario LIV [~7 C. M. Timothy She[~ield Town Solicitor REGISTRATION NO. Town o[ PIckering La~R~isl;yOnlceNo. 1710 Kingston Road Pickering~ Ontario R~lstratlon Dale LIV IC7 SCHEDULE B ~ e,o.,nc. A , o, Transfer/ueea o[ Land E (4) ~1~$ 2.00 (5) DeK~pl~n ~is is a: Pro~.y Pro~y Division ~ Con~l~atioa ~ Pa~t of Parcel Plan-l, Section ~0M-1510 bein~ pa~t of Lots 37 and 38, Plan 40M-1510 N~Pr~d~ti~e~ designated as Pa~ts ~ and 2, on Plan 4OR- 10922 A~I~I: TOUR Of Picketing, ReEional Municipality of Durham Land Titles Division of Durham (No. 40) (e) T~ (a) R~ipt~ ~ b Schedule for: (T) In~l~iMle Con~ Pm~Sketch ~ ~ ~lpt~n ~ Pa.i. ~ Ot~ ~ EASEMENT >(81 TimOroUs) The tra~fer~ hereby tra~fem the ~nd to ............................. GRAND OAK HOMES (EASTERN DIVISION) INC. ~/. Z~ ...... X, ] 1987 I 12! 09 )(9) S~s) of Transf~o~s) I ~y contra to this tran~cfi~ Date of (101 TmilMo~) for8~ 2837 Yonge Street, Suite ~01, To~onto, Ontario. N~N 2J6 [1988 01 11 (121 Tr~if~) A~ for8~ 1710 Kingston Road, Pickering, Ontario. L1V 1C7 > (13) ~r~slero~l) The transferor vedfles thai to lhe best of the transferors k~wledge and belie[ Ibis lra~sfer does aot contravene ~tl~ 49 of I ~i~ ~' 1~. Date of Si9~ture Date o; Signalure ~ ~d ~lm~. ~i~ transfer d~ .o~ c~tmve~ Ih8~ ~11~. I am a~ Ontario solicitor in ~ standing. Date of Sig~tum ~ I~l N~e ~ Date ol Smnature ~(16) Mun~ A~ ol Pr~ (17) D~I Pr~ ~ ~ , .~(Allan Goldman) ~-dl To~ Schedule Ont~io Fonu S -- Land Regllballon Reform Act, 19M q~ Page 2 of 5 · Addltk~l Properly Idenlllt~l) m14/or OIh~' Inlomlallos Z~TER~ST/ESTAT~ T~ANS FERR~D The Transferor hereby transfers to the Transferee the free, uninterrupted and unobstructed right and easement to construct~ operate an~ maintain such storm drainage works, together with any appurtenances thereto as may be required fro~ time to time in, under and across the lands herein described, together with a right of the Transferee, its successors and assigns and its and thet£ servants~ agents and workmen, with all necessary equipment, machinery and vehicles to enter upon the lands at all times and to pass and repass thereon for replacing (including replacement with storm drainage works of larger size and capac£ty) and maintaining the storm drainage works or any part thereof or appurtenances thereto to be constructed~ reconstructed, examined, repaired, renewed, replaced or maintained situate on the lands. 2. The Transferor covenants that it shall not erect any building or structure nor place or remove any fill on or frcx~ any part of the lands without the express written consent of the Transferee. The Transferor hereby releases the Transferee fr~ any claim which may arise out of the exercise by the Transferee of the right and easement granted hereby, or which may arise out of the existence or operation of the storm drainage works, provided the Transferee fills in all excavations and as far as is practicable, restores the surface to the condition existing prior to any entry thereon to exercise the right hereby granted. 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 u~on and shall enure to the benefit of the parties hereto and their respective successors and assigns. 7. The benefit of this Transfer and all of the covenants contained herein shall ru~ with all other lands and interests in land o~ed, occupied or used by ~e ~ansferee, its successors and assigns for ~e ~r~se o~ operatin~ a~ maintaining sto~ d~ainage works. . o.,. Sched u le Form S -- Lind R~b~l#on Reform Act, 1984 11~ 3 of 5 'XdMllonM Pro~n~ Idenllh~il ~M Other Inhx'matMn ADDZTIONAL SIGNATORZES AND TNE BANK OF NOVA SCOTIA, belng the registered owner o£ a Charge registered as Instrument Number LT 2iq73~ on the [ith day o£ September, 198q, hereby consents to and agrees ~n the transfer hereSn and ~or ~tse~, ~t$ successors and assSgns, hereby subordlna:es and postpones a~i estate, rSght, t~tle and Snterest Sn the iands here~n to the Trans£eree ~or the rights and easements here~n contained. Po~er o£ Attorney registered on Apr~ 28, ~986 as ~nstrument LT2~8167 ~n the Land Reg£stry O££ice ~or the Land Titles D~v~a~on or Durham (No. 40). The Attorney states that to the best o£ the attorney's knowledge and bel~e£, ~he Power o£ Attorney is stol! ~n £orce and e££ect. The Attorney states that the a~torney is, at the t~me o£ execution o£ th~s tn~trument, the holder o£ the o££ice re£erred to below. Date of Signature THE BANK OF NOVA SCOTIA - ENCUMBRANCER Y D M ADD!T!ONAL SI GNA_TOR I ES AND NORTHLAND BARK, In Liquidation~ being the registered o~er of a Debenture registered as Instrument Number LT 214737 on the 11~h day of September, 1984, hereby consents to and agrees in the transfer herein and for itself, its successors and assigns~ hereby subordinates and post~ones all estatet right, title and interest in the lands herein to the Transferee for the rights and easements herein contained. TOUCHE ROSS LIMITED has been appointed liquidator of the estate a~d effects of Northland Ba~k under The Winding-up ~¢~, R.S.C. ~970, c. %4-10, and amendments thereto pursuan~ ~o an Order of the Cour~ of Queen's Bench of Manitoba dated the 20th day of January, 1986, a certified copy of ~hich Order was registered in the Land Registry Office for the Land Tit~ee Division of Durham on the 13th day of May, 1987 as Insrrumen~ LT 324335. Date of Signature NORTHLAND BANK, In Liquidation - ENCUHBRAHC~ Y /~ D /~ M/~ by its Liquidator Touche Ross Limited ~.,-~T~,,,~_.,~ ................. Fvr ........... ~.~. Pill£~" Affidavit of Residence and of Value of the Consideration Part LOts 37 and 38. Plan 40M-1510~ Pickerlng (Parts 1 and 2, Plan 40R-10922) . Grand Oak Homes (EasterR Division) ThC. '~ Corporation of the Town of Picketing C. M. Timothy Sheffield The Cornoration of the Town of Pickering None (ti) Given back to vendor ............................... $ J~[o_EelatJ~trlshlp~e. Lween transf~rl~r -nd_tnsn.nferee. Transfer o~ storm sewer easements to a municipality pursuant to s~b~iviaion Agreement requirements. Sworn before me at the Town of Picketing ~.the Regional Municipality of Durham this l 1 th day of January ~988 ACommlssioner,orteklngAffidavlts. etc. C.M. Timoth~e'[fleld Property Information Record A. Describe nalure ol Instrument: Transfer/Deed of Land l?lO K~n~ston Road, Picketing, O~tario ~IV IC7 Iii) [~el de~riDtlon of ~o~ly ~vey~: Same as in ~.(i) above. Yes ~ No ~ ~ot kn~n ~ C. M. Timothy Sheffield Town Solicitor REGISTRATION NO. Town of Pickering L~ R~is~ry OUl~ No. 1710 Kingston Road Picketing, Ontario R~istrstto. O.~e ~IV IC7 SUBJECT LAN~S r- ~' 'o ~ ~ ~ ' " The Town of Piclmring ....'"""""'""-'"" - LEGAL DEPARTMENT Grand Oak Homes Storm Sewer Easements Plan 40M-1510, Pickering