HomeMy WebLinkAboutBy-law 2831/88 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2~31 /88
Being a by-law to authorize the execution of
various utility easements in Plans 40M-1507 and
40M-1508, Pickering (Altona West Developments).
WHEREAS pursuant to the provisions of the Municipal Act, R.S.O. 1980, chapter 302,
section 193, the Council of a municipal corporation may pass by-laws for disposing of
land and interests in land;
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 the following
documents:
(a) Transfer of Easement, in the form attached hereto as Schedule A,
between The Corporation of the Town of Pickering (herein called
the "Town) and Bell Canada over,
(i) part of Blocks 48 and 49 (Parts 2 and 3, Plan
40R-10937), Plan 40M-1507, Pickering, and
(ii) part of Block 48 (Part 8, Plan 40R-10937) and all of Block
49, Plan 40M-1508, Pickering,
for telephone and telecommunications facilities;
(b) Transfer of Easement, in the form attached hereto as Schedule B,
between the Town and The Consumers' Gas Company Ltd., over
part of Blocks 48 and 49 (Parts 1 and 5, Plan 40R-10937), Plan
40M-1507, Pickering, for gas transmission facilities;
(c) Transfer of Easement in the form attached hereto as Schedule C,
between the Town and Pickering Hydro-Electric Commission, over
(i) part of Blocks 48 and 49 (Parts 2 and 3, Plan
40R-10937), Plan 40M-1507, Pickering, and
(ii) part of Block 48 (Part 8, Plan 40R-10937) and all of Block
49, Plan 40M-1508, Pickering,
for electricity transmission facilities;
(d) Transfer of Easement, in the form attached hereto as Schedule D,
between the Town and The Regional Municipality of Durham,
(herein called "Durham") over,
(i) Blocks 48 and 49 (except Parts l, 2, 3 and 5, Plan
40R-10937), Plan 40M-1507, Pickering, and
(ii) Block 48 (except Part 8, Plan 40R-10937), Plan 40M-1508,
Pickering,
for sanitary sewer facilities;
- 2 -
(e) Transfer of Easement in the form attached hereto as Schedule E,
between the Town and Durham, over
(i) part of Blocks 48 and 49 (Parts 2 and 3, Plan
40R-10937), Plan 40M-1507, Picketing, and
(ii) part of Block 48 (Part 8, Plan 40R-10937) and all of Block
49, Plan 40M-1508, Picketing,
for water supply facilities.
BY-LAW read a first, second and third time and finally passed this 27th day of June,
1988.
TOWN OF 1
PlCKERING !
II
Schedule A
or, T,o°'Pr°v'nce Transfer/Deed of Land A
Fom~ 1 -- Lend Registmflo~ Reform Act, 1984
(11 Registry [] Lend Titles ~ 2) Page 1 of
(3) Pr~ Bilk Pro~
(4) Con~
~WO Dollam $
(5) De~ptlon This is a: Pro.dy Pro~y
Division ~ Con~lidat~on
Additional: ~]1 o~ Block 49 ~nd that p~rt o~ Block 48, Plan
S:~u~e [ 40~-1508, designated as Par~ 8, PI~n 40R-10937
Town of PickeTing
Reglona] ~unicipaIity of Durham
This (a) R~cription ' (b) Schedule for: ~ (7) In~m~VE~e T~
D~ment New Ea~ment Additional ~ F~ Simple
Comdt.. Plan/Sketch ~ De~ription ~ PaYees ~ Other ~
Y M
THE CORPORATION OF THE TOWN ~%~ (~/~.~.~--~ 1988 06! 28
~' : 1988 06:28
Spouse(s) of Transferor(s) I hereby consent to this transaction Date of Signature
Name(s) Signature(s) Y M D
(10) Trensferor(s)Address on or before August 31, i~'~ - i710 Kingston Road, PickeTing, OnTArio
torSeedce after August 31, 1989 - One The Esplanade, Picketing, Ontario
>(11) Transferee(s) Date of Birth
Y M D
BELL CANADA
(12) Tre~sfe~e(s) Ad,rosa
for Service
> (13) Transferor(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
~ Solicilor for Trensfero~(s) I have explained the effect of section 49 of the PLanning Act, 1983 to the transferor and I have made inquirle~ 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
zl and belief, this transfer do~s not contravene that section. I am an Ontario solicitor in good standing Date of Signature
_O Name and I Y ! M i D
~O AddreSSSolicitor of Signature' ........................................
~ -~ (14) ~ {~r T~nlfe~l(e} { have investigated the title to this. ~nd and to a~utting land where relevant end I am satisfied that the title r~co~s
~'~ ~. reveal no contravention as set out in subclausa 49 21 a c) ~i of the Planmng Act, 1983 and that to the best of my knowledge and belief this
-~1-~ ,~ I transfer does not contravene section 49 of the Planning Act 1983. I act indebendently of the solicitor for the transferor(s) and l em an Ontario
~ li~[ solicitor ,n good standing.
~ A~ress ct Y M
>(16) Municipal Addrsal of Property (17)' prepared by:
10173
"WHEREAS the Transferee is the owuer in fcc simple of those lands and premises
(hereinafter called the Transferee's lands) being composed of Parts of Town Lots 5 and 6 on the North side of
Adelaide Street West according to the Plan of the Town of York and designated as Parts I and 2, Plan 63 R-545,
City of Toronto, Municipality of Metropolitan Toronto,"
THE TRANSFEROR grants to the transferee, its successors and assigns to be used and
enjoyed as appurtenant to the Transferee's lands, the free, uuinterrupted and unobstructed right and easement
in perpetuity over those lands described in the transfer of easement to which these provisions are a schedule,
hereinafter called "the Trans feror's lands".
I. TO ENTER on and construct, repair, replace, operate, maintain, renew and make
additions to telephone and telecommunications facilities (forming part of its continuous lines between the
Transferee's lands and other lands), including ail necessary ~e~e:, cables and wires {b;:~ buried and
conduits, conduit structures, markers, ~ and equipment aud all appurtenances thereto as the Transferee
may from time to time or at any time hereafter deem requisite npon, over, under, along and across the
Transferor's lands for the purpose of furnishing telecommunications service to thc premises of the Transferor
and io the premises of tiaa Transferee's customers from time ~o lime on lands adjoining or on olher lands;
together with the right of free unimpeded access to Hm Transferee, its agcnl~, comraclors, workmen, vehicles,
supplies and equipment at all times and for all purposes and Ihings necessary for or iucidental to the exercise
and enjoyment of the rights hereby granted, over the Trausferor's lands from thc highways or lands abuHing
thereon to and from the places where any of tl)e said telecommunications I'acilitics or any part or parts Ihereof
are to be constructed, repaired, replaced, operated and maiutainefl;
2. TO ATTACH other wires, cables, equipment and accessories and to permit the
attachment of the wires, cables, equipment and accessories of any other compauy or connnission for the
purpose only of supplying a service;
THE TRANSFEROR shall have Ihe right la fnlly usc and cn)oy the Transfcror's lands
except as may be necessary for any of Ihe purposes hereby granted lo ibc Transferee provided Ihal wiihoul Ihe
prior written consent of lhe Transferee, the Transferor shall not excavate, drill, install, creel or pcrmil [o be
excavated, drilled, installed or erected upon, over, in, under and across Ibc Transferor's lands any pi{, well,
foundation, pavement, building or other structure or installation.
THE TRANSFEREE covenants and agrees with the Transferor that it shall be responsible
for any d~age caused by its agents or employees to the property of t he Transferor and shall as far as possible
replace at its own cost any soil or turf removed in connection with any of the work above referred to.
NOTWITHSTANDING any rule of law or equity and even though any of Ih¢ Transferee's
tel<ommunication facilities and appurtenances may become annexed or affixed to the realty, title therelo shall
nevertheless rem~n in the Transferee.
THIS AGREEMENT including all rigbts, privileges and benefits herein contained shall
extend to, b¢ binding upon, and enure to the benefit of the parties hereto and their respective heirs, executors,
administrators, successors and assigns.
-Y-M-D*
*¥-M-D-
I1 11
Schedule
~o~,~,o°'P'° ..... Transfer/Deed of Land A
Form 1 -- Lend Reglstraflo~ Reform AcL
(1) R~ ~ L~d T~ ~ T(2) Page I of 5 ~ges
(3) Pr~ . Bilk Pro~
(4) Co~
~WO Do~a~ $ ~, O0
(5) Oe~dptlo. This is a: Pro.dy Pro~y
Division
~t Of ~A~ce] 45-1, Sectio~ 40M-1507, bei~g those
pA~ts o~ Blocks 48 a~ 49, ~[~ 40M-1507, des~g~ate~
New Pro~ldentifiers as ~a~ts i a~d 5, P1a~ 40A-10937
Town of Picketing
Regional Municipa~ty of Durham
(6) This (a) R~cri~tion (b) Schedule for: (7) In~=~ie T~
Con.ins Plan/Sketch ~ Description ~ Padi~ ~ Other ~
T~E CO~PO~AT[ON OF T~ ~OWN --~ _~
.............................................. Bk~'c~' T~16~i 'Cl~ ........... ~ ...... P" ~'"
(10) Transf~o~s) A~ress
forSe.~e on and before July 31, 1989 - 1710 Kingston ~oad, Picketing, Ontario
THE CONSUMEAS~ GAS COMPANY LTD.
'WA~H~ 'C
P.O. Box 650, Sc~rborough, Ontario M1K 5E3
Signature' ........................................ , ~ , S' g natum ..........................................
~ Addr~ of .
'~ [~ ~licitor in g~ standing,
~ ~ddr~ Of Y M
~ so,c~to~ i
(15) ~'"~I"U~f ~C~. ~Mun.~ Map ~ Sub. Par. ~ot assigned I~,
not assigned C.M. Timothy Sheffield [~l[~adTr~sfer T~
Town Solicitor
1710 Kingston Road
Pickering, Ontario
L1V 3G2
o, Schedule
s
Page
'A4dlUon~ Property I~n#Ref(.) mt~or OUter I~om~l~n
SCHEDULE
Form 5-Land Registration Reform Act, 1984
INTEREST/ESTATE TRANSFERRED
1. The Transferors hereby transfer, sell, grant and convey in perpetuity to the
Transferee its successors and assigns, a free and unencumbered easement in, under
and/or through the Easement Lands described in box 5 hereof to survey, lay,
construct, operate, use, inspect, remove, renew, replace, alter, en)arge,
reconstruct, repair, expand and maintain pipelines and a)l works, appurtenances,
attachments, apparatus, appliances, markers, fixtures and equipment which the
Transferee may deem necessary or convenient thereto for the transmission of natural
and/or manufactured gas, together with a right-of-way to the Transferee, its
successors, assigns, servants and agents for ingress and egress at any time and from
time to time over, along and upon the Transferor's lands abutting the Easement Lands
on foot and/or with vehicles, supp)ies, machinery and equipment necessary or
incidental to the exercise and enjoyment of the easement hereby transferred. The
Transferee covenants with the Transferor that all works, appurtenances, attachments
etc. as aforesaid shall be installed at or below the surface of the Easement Lands.
2. The lransferee shall have the right at any time and from time to ti~e to remove
by blasting or otherwise any boulder or rock and to sever, fell, remove or control
the growth of any roots, trees, stumps, brush or other vegetation on or under the
Easement Lands.
3. The rights of the Transferee herein sha)l be of the same force and effect as a
covenant running with the Easement Lands and shall be appurtenant to the lands and
premises described in this Schedule as the Transferee's Lands.
4. The Transferee shall have the absolute and unfettered right to assign or ~transfer
its rights hereunder in whole or in part and shall not be bound to give notice
thereof to any party.
5. This Transfer shall extend to, be binding upon and enure to the benefit of the
respective heirs, executors, administrators, successors and assigns of the parties
hereto. If the Transferors are not the sole owners of the said lands, this Transfer
shall bind the Transferors to tile full extent of their interest therein and shall
also extend to any after-acquired interest but all monies payable or paid to the
Transferors hereunder shall be paid to the Transferors only in the proportion that
their interest in the said lands bears to the entire interest therein. The
Transferors hereby agree that all provisions herein are reasonable and valid and if
any provision herein is determined to be unenforceable, in whole or in part, it shall
be severable from all other provisions and shall not affect or impair the validity of
al) other provisions.
6. The Transferors shall have the right to use and enjoy the surface of the Easement
Lands except that such use and enjoyment shall not interfere with tile rights of the
Transferee hereunder. Without limiting the generality of the foregoing, the
Transferors shall not without the prior written consent of the Transferee, place or
erect on the Easement Lands any building, structure or fence and shall not excavate,
alter the grading, drill, install thereon any pit, well, foundation and/or pavement
which will obstruct or prevent the exercise and enjoyment by the Transferee of its
rights hereunder.
1. Notwithstanding any rule of law or equity, any pipeline constructed by the
Transferee together with al) works, appurtenances, attachments, apparatus,
appliances, markers, fixtures and equipment shall be deemed to be the property of the
Transferee even though the same may have become annexed or affixed to the Easement
Lands.
B. The Transferee shall at its own expense as soon as reasonably possible after the
construction of its ptpe)tne or other exercise of its rights hereunder, remeve
surplus soil and debris from the Easement Lands and restore them to their former
state so far as is reasonably practicable.
o, Schedule
Fort11 $ -- Land Reglltratlon Rafoml Acl, 19~1 '~ of ~
Page
r Addllienal Pr~ I~qa) ~or O~ Inl~t~n
9. The Transferors covenant that
(i) they have the right to convey this easement and right-of-way to the
Transferee;
(ii) the Transferee shall have quiet enjoyment of the rights, easement and
right-of-way hereby transferred;
(iii) the Transferors or their successors and assigns will execute such further
assurances of this easement and right-of-way and do such other acts (at the
Transferee's expense) as may be reasonably required; and
(iv) the Transferors have not done, omitted or permitted anything whereby the
Easement Lands is or may be encumbered (except as the records of the land
registry office disclose).
TRANSFEREE'S LANDS
FIRSTLY:
In the City of Oshawa in the Regional Municipality of Durham, formerly in the
Township of East Whitby in the County of Ontario, being composed of Part of Lot 5,
Concession 5 and which said parcel of land containing by admeasurement 0.238 acres be
tile same more or less, is more particularly described as follows:
PREMISING the bearing of the westerly limit of the road allowance between Lots 4 and
5, Concession 5, assumed to be North 16° 00' West and relating all bearings herein
thereto.
COMMENCING at a point in a line drawn parallel to and distant 20.00 feet .~.~asured
westerly at right angles from the easterly limit of Lot 5, said point of commencement
is located as follows:
STARTING at the south-east corner of Lot 5, Concession 5;
TDENCE North 16° 00' West along the easterly limit of Lot 5 also being the westerly
limit of the road allowance between Lots 4 and 5, Concession 5, 2,B21.50 feet to a
survey monument;
THENCE South 72° 43' West 20.01 feet more or less to the point of commencement;
TItENCE South 72° 43' West 81.96 feet to a point, said point being distant 101.97 feet
measured South 72° 43' West from the last mentioned survey monument in the easterly
limit of Lot 5.
THENCE South 16° 00' East 125.56 feet;
TIIENCE North 74° 06' East 81.95 feet more or less to the aforementioned described
parallel line;
TH£NCE North 16° 00' West along tile said line being parallel to and distant 20.00
feet measured westerly at right angles from the easterly limit of Lot 5, 127.51 feet
to the point of co~mnencement.
SECONDLY:
In the Town of Newcastle in the Regional Municipality of Durham, formerly Township of
Clarke in the former County of Durham, and being composed of part of Lot 29,
Concession 4 of the Geographic Township of Clarke, containing by admeasure~mnt one
hundred and sixty-three one-thousandths of an acre 10.163 ac.) be the same nmre or
less, more particularly described as follows:
BEARINGS ItEREIN are referred to the Westerly limit of the King's Highway No. 35 as
widened by Instrument Number 16260, registered in the Registry Office for the
Registry Division of Newcastle, assumed to be North eighteen degrees two minutes
thirty seconds West (N 18° 02' 30" W) and relating all bearings herein thereto; '
o, Schedule
Form 5 -- Land Regltlrallon Refomt Acl. 19~4
Page
~ddltlonM Probity Id~n/llle~e) ~td/or Olher Inloml~/Ion
SECONDLY CONT'D.
CO~4ENCING at a survey ~nu~nt planted in the Westerly lindt of the King's Highway
No. 35 as widened by Instrunmnt Number 16260, registered in the Registry Office for
the Registry Division of Newcastle, said point of commencement is located as follows:
STARTING at the South-west corner of Lot 2g, Concession 4;
THENCE North seventy-two degrees seven minutes thirty seconds East (N 72° 07' 30" E)
along the Southerly limit of said Lot 29, also being the Northerly limit of the road
allowance between Concessions 3 and 4, a distance of one thousand three hundred and
seven and ninety one-hundredths feet (1307.90") to a point;
THENCE North seventeen degrees thirty-six minutes West (N 17° 36' W) a distance of
~two thousand one hundred and fifty-nine and eight one-hu~)dredths feet (215g.08") to a
point;
THENCE South seventy-one degrees thirty minutes West (S 71° 30' W), a distance of
fifty-nine and eleven one-hundredths feet (59.11') to the intersection with the said
Westerly limit of the King's Highway No. 35 as widened by Instrument Number 16260;
THENCE North eighteen degrees two minutes thirty seconds West (N 18° 02' 30"W) along
the said Westerly limit of the King's ltighway No. 35 as widened, two hundred and
eight feet (208.00') to the point of co,mmncement;
THENCE South seventy-one degrees thirty minutes West (S 71° 30' W), one hundred and
two feet (102.00') to a survey monument planted;
THENCE South eighteen degrees two minutes thirty seconds East (S 18° 02' 30" E) along
a line parallel to the said Westerly limit of the King's Highway No. 35 as widened,
sixty-nine and fifty one-hundredths feet (69.50') to a planted survey monument;
THENCE North seventy-one degrees thirty minutes East (I; 71° 30" El, one hundred and
two feet (102.00') to a planted survey ~nument in the said Westerly limit of the
King's tlighway No. 35 as widened;
THENCE North eighteen degrees two minutes thirty seconds West (N 18° 02' 30" W) along
the said Westerly limit of the King's tlighway No. 35 as widened, distant sixty-nine
and fifty one-hundredths feet (69.50') to the point of co~,nencement.
~L Form 1 - Land Transfer Tax Act Paqe
Affidavit of Residence and of Value of tile Consideration
Part of Blocks 48 and 49 and part of Reserve
Block 55~_~an 40M-1057. designated as
~ 50. Plan 4~-1~8. desienated a~kZ~_Plan 40~10937
av~~.~ The Corporatto~ of~he
TO(m~;~;~im~M~mm~ The Consumers' Gas Com~an~Ltd~_
~ ;~ The ~u,ho,~;~ ~m o~ m,:ao, ~:~i,,, ~ ,,i~ .~.~.o;, ~o~ ;m...,,..~.~...~ .~he C~psumers ' Gas Com~:d
LAND T~ANSFE~ TAX ~To;alo[(a) lo(N) ........... $ -~,~0.
~)) TOTAL CONSIDERATION
Muntc~oalttv grant~n~ g~l~e ~a~m~t
7, OIher ,ema~ksandexplanaHons. a n~es~;v Exempt fr~m l aqd T~fer Taxi.er 0nCar-io-~guta~.an
~_E~mnt 56~.
Swo,n belore me al the City of North York
~.me Municipality of Metropolitan Toronto
day OI 19 B8
Commissioner tot taki,~g AUiciavits. etc.
Property Information Record
A. De~i~ nature ol in~t~un~nt: Tr~nsfe~
{i~ Address ol p~oper ly ~i~ convey~ ffi a~) _
~Ontar,o°fPr°vmce Transfer/Deed of Land A
Form I -- Land Reglatretlo~ Reform Ack ~
(1) R~t~ ~ L~d T~ ~ 2) Page 1 of 3
(3) P~ Bilk Pro~
E
(4)
(5) O~fl~n This is ~: Pro~y Pro~y
Division ~ Con~lidation ~
~pPa~t of Parcel ~5-[, Section 40M-1507,
a~ts of Blocks 48 and 49, Plan 40M-1507,
des~gnate~ as P~ts 2 and 3, Plan 40~-10937, and
NewPrope~ldentifiers ~ Pa~t of Pa~ce[ -[, Section 40M-[508, being
A~it~: all of Block 49 and that part of Block 48, Plan
Sc~¢e ~ 40M-1508, designated as Part 8, Plan 40R-10937
Ex~t~ns
Town of Pickering
R~t~o~: Regional Municipality of Durham
Contains Plan/Sketch ~ O~ription ~ Panies ~ Other ~
Date of Signature
:'(9) Spouse(s) ot Tzansfero~s) I hereby consent to this transaction Date of Signature
Name(s) Signature(s) Y M D
forService after August 31, 1989 - One The Esplanade, Picketing, Ontario
f (~) Transferee(s) Date of Birth
PICKERING HYDRO-ELECTRIC COMMISSION i 1988i 06i
[1988 [06
(12) Tranaferee<a) Addmse
forSe,-¥ice 1920 Bayly Street, Picketing, Otnario L1W 3R6
(13) Ttanaleror(a) 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
Signature. ' ' , . . .
Solicitor for Tranaferm(s) I have explained the effect of section 49 of the Ptanning Act. 1983 to the transferor and I have made inquirie~ of the transferor
Z and belief, this transfer does not contravene that section, I am an Ontario solicitor in good standing Date of Signature
~ Address of
~ Solicitor Signature ........................... , ...... , ........
I
~ ~,~ (14) $OlICRO~ tot Trlnlllre~(I) I have investigated the title to this land and to abutting land where relevard and t am satisfied that the tiUe records
reveal no contravention as set out in subclause 49 21a) (c) (ii) of the Planning Act. 19~3 and tibet to the best of my knowledge and belief th!s
c° ~ transfer does not contravene section 49 of the Ptanning Act 1983. I act indebendently of the so rcitor for the transferor(s)andl am an Ontano
~ ~ solicitor in good standing.
~.-_ Name and Date of Signature
~ Signature .......................... , ...... L
115) Asee~mefltRoffNumber :Cry. Muni, MaP : Sub i Par' [ not assigned >-
, " :' ~J r ! ~ Registration Fee
(16) Municipal Addre~ of Property (17) Document Prepared by:. uJ
not assigned C,M, Timothy Sheffield Land Transfer Tax
Town Solicitor ,
1710 Kingston Road
Picketing, Ontario
L1V lC7
10173 (12/84)
o, Schedule
Ontario S
Form 5 -- Land Registration Refom~ Act, 1984
Page
~ddltlonM Property Identifier(s) and/or Other Information
INTEREST/ESTATE TRANSFERRED
1. The Transferor hereby transfers to the Transferee the free, uninterrupted and
unobstructed right and easement to construct, operate and maintain such under-
ground power cables, together with any appurtenances thereto as may be
required from time to time in and under 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 underground power cables or larger size
and capacity) and maintaining the underground power cables of any part thereof
or appurtenances thereto to be constructed, reconstructed, examined, repaired,
renewed, replaced or maintained situate in or under 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.
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,
or which may arise out of the existence or operation of the underground power
cables, provided the Transferee fills in all excavations and as far as is practica-
ble 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.
°' ....... Transfer/Deed of Land......... A
Form 1 -- Lend Registmtlrm Reform ACL 1~
(1) ~t~ ~ L~dT~ ~ 21 Pa~e 1 of 3 ~ages
(3) ~r~ Bilk Pro~
(4) C~
Two Dollam $ 2.00
(~) D~Hp~n This is a: Pro~y Pro~y
Division ~ Con~lidation ~
~ Pa~t of Parcel 45-1, Section 40M-1507, beins
locks 48 and 49, Plan 40M-1507, save and
except Parts 1, ~, 3 and 5, Plan 40R-10937, and
NewPrope~ldentifiers ~, Part o{ Parcel -1, Section 40~-1508, be~n~
~aa~t~ona~: ~1] of Block 48, Plan 40M-1508, save and except
Sc~u,e ~ Part 8, Plan 40R-10937
Town of Pickerin~
Additional: Re~o~a] Municipality of Durham
(6) This (a) R~cription ' (b) Schedule for: (~ In~l~e T~
Plan/Sketch ~ De~ription ~ Pa.ies ~ Other ~
Date of Signature
THE CORPORATION OF THE TOWN X~.,~*-'[~ t"~.~ 1988! 06i
OF PICKERINO [//] .....
............................................ : ............................... 1988 i 06~ ~8
~(9) S~us~s) of Transfero~s) I hereby con~nt to this tran~ction ;
Date of Signature
Name(s) Signature(s) Y u D
forSe~e ~fte~ ~u]y 31, 1989 - O~e ~he ~sp]a~sde, Picketing, O~t~Jo
~(11) Transferee(s) Date of Bi~h
Y M O
1988 ,~ 06
G. Herrema, Chairman , ,
C.W. Lundy, Clerk
forS~ 605 Rossland Road East. Whitby. Ontario LIN 6A3
(13) Tra~lll~l) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene ~ction 49 of the
Planning Act 19~. Date of Signature Date of Signature
~ Solicitor for Tranaferm(s) I have explain~ the eff~t of ~t~on 49 of the Planmng Act, 1~ to the transferor and I have made inquiri~ of t~ trans~ror
and ~l~f, this transfer d~ not contravene that s~tion. I am an Ontario solicitor in g~ standing. Date of Signature
Name and , Y ~ M ; D
Solicitor ~lgnature ..........................................
~ J (14) 8~ ~ TmOn) I ha~ investigat~ the title to this land and to abuffing land w~m re~ant and I am ~tisfi~ t~t the title r~s
~ ~ re~al no ~ntra~ntion as ~t out ~n su~lause 49 21a) c) ii) of t~ Planning Act, 1~ and that to ~e ~ et my know.ge a~ ~tief this
.~ ~ trans~r d~ not contravene ~tion ~ of the Planning A~ 1 ~ I act ind~ndenfly of the ~licitor for the tran~eror(s) andl am an On~r o
~ ~- ~ Name and Oate of Signature
~'~ I Addre~ of Y M D
I~I Signature .......................... ~ ............
not assigned C.M. Timothy Sheffield
Town Solicitor
1710 Kingston Road
Picketing, Ontario
L1V 1C7 1~ T~
o, Schedule
Addlllonil P_~lyJ~{t~j. nd/or Other Inlorm.llon
ADDITIONAL UOV I~'PS,
31~e Transferors hereby transfer to the Transferee, its successors and assigns, the free,
uninl:e~'rupted and unobstructed right and easement to construct, operate and maintain such
sanitary sewer or sewers together with any and all appurtenances thereto as may be required
iran time to time in, across, under and through the lands more particularly described in
Box 5 hereof.
I13GE~HER with the right of the Transferee, its successors and assigns and its and their
servants, agents, contractors and workmen with all necessary makeriala, equipment,
machinery and vehicles to enter upon the said lands at all times and to pass and repass
thereon for the purposes of installing, constructing, reconstructing, examining, altering,
repairing, renewing or replacing (including replacement with sanitary sewer or sewers of
larger size or capacity) and maintaining the said sanitary sewer or sewers or any part
thereof whether or not any part to be so constructed, installed, repaired, renewed,
altered, replaced or maintained is situate on the land described tn Box 5 hereof.
TO t~VE AND TO I~3LD the said eaa~nent or right in the nature of an easement on, in, across,
under and through the lands described in Box 5 hereof unto the Transferee, it successors
arid assigns for its and their sole and only use forever.
AND the Transferor covenants that it will not erect any buildings or structure, place or
remove any fill on any part of the said lands described in Box 5.
AND the Transferor hereby releases the Transferee from any and every claim whlch may or
might arise out of the exercise by the Transferee of any of the rights granted by th~a
indenture or which may arise out of the existence or operation of the sanitary sewer or
sewers and accept the consideration mentioned herein in full satisfaction of all such
claims, 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
rights hereby granted.
AND the Transferor covenants with the Transferee that it has the right to convey the said
rights and easements to the Transferee, notwithstanding any act of the Transferor.
AND the Transferee shall have quiet possession of the said rights and easements, free from
ali enc~brancea, save as hereinafter mentioned. ~
AND the Transferor covenants with the said Transferee that it will execute such further
assurances of the said rights and easements as may be requisite.
o, Transfer/Deed of Land
Fon~ 1 -- Land Registration Reform Ac~ 1~
(1) R~bt~ ~ La~ T~ ~ 2) Page 1 of 3 ~s
(4) Con~
(~) Deception This is a: Pro~y Pro~y
Division ~ Consolidation
those pa~ts of Blocks ~8 a~d 49, P]s~ ~0M-ZS0?,
designated as Parts 2 and 3. Plan 40R-10937. and
NewPropo~ldomfflers ~. Part of Parcel -1. Section 40M-1508. being
~oa~tmm: all of Block 49 and that part of Block 48. Plan
sc~. ~ 40M-1508. designated as Part 8. Plan 40R-10937
Town of Picketing
Regional Municipality of Durham
Con~i.s Plan/Sketch ~ ~ De~ription ~ Pa~ies ~ Other ~
Date of Signature
THE CORPORATION OF THE TOWN /~.,~__ [z~'~,~:,~l,~ I988i 06:. 28
'(9) Spouse(s) of Transferor(s) ) hereby consent to this transection Date of Signature
Name(s) Signature(s) Y M D
(10) Tranlfetor($)Address on and before July 31, 196~ - i7i6 Kingston Road, Picketing, un[amo
forSarvice after July 31. 1989 - One The Esplanade. Pickering. Ontario
~(11) Transferee(s) Date of Birth
¥ M D
THE REGIONAL MUNICIPALITY OF DURHAM" .' .
.............................................................................. {. 1988.i. 06~ ....
G. Herrema. Chairman i
C.W. Lundy, Clerk :
(12) Transferrals) Addl~l~5
torSer~ce Rossland Road East, Whitby, Ontario LIN 6A3
~ (13) Traneferoll[e) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 49 of the '
Planning ACt, 1983, Date of Signature Date of Signature
Si nature i ~ : Sgnature I j
Solicitor for Transferor(s) I have explained the effect of section 49 of the Planning Act, 1983 to the transferor and I have made inquines of the transferor
~[ Name and I Y ', Mi D
~ ~- (14) SOlicits' Iof Tra~$) I have investigated the htle to th~s land and to ab~tUng land where relevant and { am satisfied that t~e title r~c~e
'E: I ~ ~[ solicitor in good standing. '
~ 5~ Name and Date of Signature
~ Solicitor [
[ ~ [ S,gnatur. .......................... : ...... : ......
(15) Allltll~lf~tf~o#N~r iCty. iMun[ Map'Sub Par. ~, F~andTax
of Property ~ : :; not assigned
}(16) Municipal Addret~ of Property I ' : 17)' Oa~um~t Pm~amd by:
Picketing, Ontario
L1V 1C7 J~O~l
Sched
o, ule
Form 5 -- Land R~lmtratlon Reform Act, 1984
Page
~Addltlonml Propmrty Identifier(.) and/or Other Info.nation
ADDITIONAL COVENANTS
The Transferors hereby transfer to the Transferee, its successors and assigns, the free,
uninterrupted and unobstructed right and easement to construct, operate and maintain such
watermain or mains together with any and all appurtenances thereto as may be required fro~
time to time in, across, under and through the lands more particularly described in Box 5
hereof.
TOGETHER with the right of the Transferee, its successors and assigns and its and their
servants, agents, contractors and workmen with all necessary materials, equipment, ma-
chinery and vehicles to enter upon the said lands at all times and to pass and repass there-
on for the purposes of installing, constructing, reconstructing, examining, altering, repair-
ing, renewing or replacing (including replacement with watermain or mains of larger size or
capacity) and maintaining the said watermain or mains or any part thereof whether or not
any part to be so constructed, installed, repaired, renewed, altered, replaced or maintained
is situate on the land described in ]3ox 5 hereof.
TO HAVE AND TO HOLD the said easement or right in the nature of an easement on, in,
across, under and through the lands described in Box 5 hereof unto the Transferee, its
successor and assigns for its and their sole and only use forever.
AND the Transferor covenants that it will not erect any buildings or structure, place or
remove any fill on any part of the said lands described in Box 5.
AND the Transferor hereby releases the Transferee from any and every claim which may or
might arise out of the exercise by the Transferee of any of the rights granted by this
indenture or which may arise out of the existence or operation of the watermain or mains
and accept the consideration mentioned herein in full satisfaction of all such claims, provid-
ed the Transferee fill in all excavations and as far as is practicable, restores the surface to
the condition existing prior to any entry thereon to exercise the rights hereby granted.
AND the Transferor covenants with the Transferee that it has the right to convey the said
rights and easements to the Transferee, notwithstanding any act of the Transferor.
AND the Transferee shall have quiet possession of the said rights and easements, free from
all encumbrances, save as hereinafter mentioned.
AND the Transferor covenants with the said Transferee that it will execute such further
assurances of the said rights and easements as may be requisite.
10178 (12/~4)