HomeMy WebLinkAboutBy-law 2847/88THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW [VO. 2847/$8
Being a by-law to authorize the execution of
various utility easements in the Fairport Road/
Merritton Road/Sheppard Avenue area.
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 Pickering HEREBY
ENACTS AS FOLLOWS:
1. The h4ayor 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) those parts of the road allowance between Concession 1
and Range 3, Broken Front Concession, designated as
Parts 69, 70, 71, 72, 74, 75, 76 and 77, Plan 40R-11259;
and
(ii) those parts of the road allowance between Concession 1
and Range 3, Broken Front Concession, and former
King's Highway No. 2, designated as Parts 52, 53, 54,
55, 56, 57, 60, 61, 73, 78, 79 and 80, Plan 40R-11259.
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,
(i) those parts of Lot 26, Range 3, Broken Front Concession,
designated as Parts 4, 5 and 6, Plan 40R-11259; and
(ii) those parts of the road allowance between Concession 1
and Range 3, Broken Front Concession, designated as
Parts 7, 45, 46, 47, 49, 69, 70, 71 and 72, Plan
40R-11259; and
(iii) those parts of the road allowance between Concession 1
and Range 3, Broken Front Concession and former King's
Highway No. 2, designated as Parts 48, 50, 51, 53, 54,
55, 56, 61, 73 and 79,
for gas transmission facilities;
(c) Transfer of Easement, in the form attached hereto as Schedule C,
between the Town and The Regional Municipality of Durham,
(herein called "Durham") over,
(i) those parts of the road allowance between Concession 1
and Range 3, Broken Front Concession, designated as
Parts 36, 38, 40, 45, 46, 47, 69, 70, 71, 72, 74, 75, 76
and 77, Plan 40R-11259; and
(d)
(e)
(f)
- 2 -
(ii) those parts of the road allowance between Concession 1
and Range 3, Broken Front Concession and former King's
Highway No. 2, designated as Parts 35, 37, 39, 41, 42,
43, 44, 48, 50, 51, 52, 53, 54, 55, 56, 57, 60, 61, 73,
78, 79 and 80, Plan 40R-11259;
for sanitary sewer facilities;
Transfer of Easement in the form attached hereto as Schedule D,
between the Town and Pickering Hydro-Electric Commission, over
(i) those parts of Lot 26, Range 3, Broken Front Concession,
designated as Parts 17, 18, 19 and 26, Plan 40R-11259;
and
(ii) those parts of the road allowance between Concession 1
and Range 3, Broken Front Concession, and former
King's Highway No. 2, designated as Parts 20, 33, 35,
43, 51, 60, 61, 79 and 80, Plan 40R-11259;
for electricity transmission facilities;
Transfer of Easement in the form attached hereto as Schedule E,
between the Town and Tonalist Holdings Inc. over,
(i) those parts of Lot 26, Range 3, Broken Front Concession,
designated as Parts 2, 5, 10, 14, 18 an d 24, Plan
40R-11259; and
(ii) those parts of the road allowance between Concession 1
and Range 3, Broken Front Concession, designated as
Parts 40, 47, 71 and 76; an d
(iii) those parts of the road allowance between Concession 1
and Range 3, Broken Front Concession and former King's
Highway No. 2, designated as Parts 31, 41 and 48, Plan
40R-11259,
for storm sewer facilities;
Transfer of Easement in the form attached hereto as Schedule F,
between the Town and Tonalist Holdings Inc. over,
(i) those parts of the road allowance between Concession 1,
and Range 3, Broken Front Concession, designated as
Parts 36, 38 and 40, Plan 40R-11259; and
(ii) those parts of the road allowance between Concession 1
and Range 3, Broken Front Concession, and former
King's Highway No. 2, designated as Parts 37, 39, 41,
42, 43 and 44, Plan 40R-11259,
for public bus transportation facilities.
BY-LAW read a first, second and third time and finally passed this 2nd day of Au-
gust, 1988.
TOWN OF {'
PICKERING �
APPROVED
LEGAL D'"cPT
� nn �. �imer�oia, mayc�.�/
/, �
G
�� / / �--�-�`
� �B ce Taylo , er c
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2847/8g
Being a by-law to authorize the execution of
various utility easements in the Fairport Road/
Merritton Road/Sheppard Avenue area.
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 Pickering HEREBY
ENACTS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute the following
documents:
(a)
(b)
(c)
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) those parts of the road allowance between Concession 1
and Range 3, Broken Front Concession, designated as
Parts 69, 70, 71, 72, 74, 75, 76 and 77, Plan 40R-11259;
and
(ii) those parts of the road allowance between Concession 1
and Range 3, Broken Front Concession, and former
King's Highway No. 2, designated as Parts 52, 53, 54,
55, 56, 57, 60, 61, 73, 78, 79 and 80, Plan 40R-11259.
for telephone and telecommunications facilities;
Transfer of Easement, in the form attached hereto as Schedule B,
between the Town and The Consumers' Gas Company Ltd., over,
(i) those parts of Lot 26, Range 3, Broken Front Concession,
designated as Parts 4, 5 and 6, Plan 40R-11259; and
(ii) those parts of the road ailowance between Concession 1
and Range 3, Broken Front Concession, designated as
Parts 7, 45, 46, 47, 49, 69, 70, 71 and 72, Plan
40R-11259; and
(iii} those parts of the road allowance between Concession 1
and Range 3, Broken Front Concession and former King's
Highway No. 2, designated as Parts 48, 50, 51, 53, 54,
55, 56, 61, 73 and 79,
for gas transmission facilities;
Transfer of Easement, in the form attached hereto as Schedule C,
between the Town and The Regional Municipality of Durham,
(herein called "Durham" ) over,
(i) those parts of the road allowance between
and Range 3, Broken Front Concession,
Parts 36, 38, 40, 45, 46, 47, 69, 70, 71,
and 77, Plan 40R-11259; and
Concession
designated
72, 74, 75,
1
as
76
(d)
(e)
(f)
-z-
(ii) those parts of the road allowance between Concession 1
and Range 3, Broken Front Concession and former King's
Highway No. 2, designated as Parts 35, 37, 39, 41, 42,
43, 44, 48, 50, 51, 52, 53, 54, 55, 56, 57, 60, 61, 73,
78, 79 and 80, Plan 40R-11259;
for sanitary sewer facilities;
Transfer of Easement in the form attached hereto as Schedule D,
between the Town and Pickering Hydro-Electric Commission, over
(i) those parts of Lot 26, Range 3, Broken Front Concession,
designated as Parts 17, 18, 19 and 26, Plan 40R-11259;
and
(ii) those parts of the road allowance between Concession 1
and Range 3, Broken Front Concession, and former
King's Highway No. 2, designated as Parts 20, 33, 35,
43, 51, 60, 61, 79 and 80, Plan 40R-11259;
for electricity transmission facilities;
Transfer of Easement in the form attached hereto as Schedule E,
between the Town and Tonalist Holdings Inc. over,
(i) those parts of Lot 26, Range 3, Broken Front Concession,
designated as Parts 2, 5, 10, 14, 18 and 24, Plan
40R-11259; and
(ii) those parts of the road allowance between Concession 1
and Range 3, Broken Front Concession, designated as
Parts 40, 47, 91 and 76; and
(iii) those parts of the road allowance between Concession 1
and Range 3, Broken Front Concession and former King's
Highway No. 2, designated as Parts 31, 41 and 48, Plan
40R-11259,
for storm sewer facilities;
Transfer of Easement in the form attached hereto as Schedule F,
between the Town and Tonalist Holdings Inc. over,
(i) those parts of the road allowance between Concession 1,
and Range 3, Broken Front Concession, designated as
Parts 36, 38 and 40, Plan 40R-11259; and
(ii) those parts of the road allowance between Concession 1
and Range 3, Broken Front Concession, and former
King's Highway No. 2, designated as Parts 37, 39, 41,
42, 43 and 44, Plan 40R-11259,
for public bus transportation facilities.
BY-LAW read a first, second and third time and finally passed this 2nd day of Au-
gust. 1988.
SCHEDULE A
Province Transfer/Deed of Land
of
v Ontario
Form 1— Land Rpltlndon RNO�m Act, 1984
(� � qpy�y � Land TNNs � I(4) Page 1 ot
(4)
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Z
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w
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LL
LL
� New PropeM Identitiers
naar000ec
s� �ScheAule
E:seutbns
Adtli�ionel:
s� �Schetlule
(8) Thb (a) Redescription (b) Schedule for:
Doeument New Easement �
Con4ins plan/Sketch � � Description �
(8) Trsnsfe�or(s) The trensferor hereby transfers ihe lantl t�
G�ppsrly Block
Id�ntifllr(U
PropeRy
ove y ouaHnu co �iMi.Eo
�o.m �+o era
�
pages
Tw0 Dollars S Z• 00
AAAitionel:
See �
ScMtlule
lkrlptlOn This is a: PrOperty Property �
Division ❑ Consolida�ion ❑
o�Firstl those parts of the road allowance between
sion 1 and Range 3, B.F.C., designated as
Parts 69, 70, 71, 72, 74-77, Plan 40R-11259
Secondly those parts of the road allowance between
Concession 1 and Range 3, B.F.C., and former King's
Highway No. Z, designated as Parts 52, 53, 54, 55,
56, 57, 60, 61, 73, 78, 79 and 80, Plan 40R-11259
Town of
Reeional
Additionel F�
Parties � Other �
r transferea and certitiBS that the trens
of Durham
Easement
is at least eig�teen years old and that
. * Z� y , D�te of S�gneture
Name(s� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S ature ) �
OF PICKERING . . n �n, a o�' ' � 03
.. ...........i ......:......
THE RP RATIO N 8; 08
; 1988 ; 08; 03
...................................... � ;...;...
� gruce 'TayIor; Clerlc '
(9) Spouae(a) 01 Tronslaror(s) I hereby consent to this transaction Date of Signature
Name(s) Signature�s) v M o
' ' i
(10) TranslxoHe) Addrese on or e ore ugus , - ings on oa , ic ering, n ario
�o.servke after August 31, 1989 - One The Esplanade, Pickering, Ontario
V M D
BELL CANADA
:......:...:..
for Servke
(13) Trenderor(s) The transferor verities that to the best of the transferor's knowledge and belief, this trensfer tloes not contravene section 49 of the
Planning Act, 7983. Date of Signature Date of Signature
V M D V M D
Signature . . . . . . . . . . . . . . . . . ' ' ' . . ; Signature. . . . . . . . . . . . . . . . . ' . . . .
Solleitor lor Trsnsteror�s) I have explained the ettect of section 49 of the Planning Act, 1983 to the transferor anA I have made inquines of the transferor
-� to determine ihat this iranster does not contravene that section and based on the information supplied by the transferor, to tha best of my knowledge
Z and belief, this transfer does not contravene that section. I am en Ontario solicitor in good standing. Date of Signature
� Name and v , �n . D
a Address oi Signature . . . . . . . . . . . . . . . . . . . . . . . . . . ! . . . . . . �'�. . . !
O Solicitor ' ' ' �
I
^u v (1�) SoNCllw lo� TramNrN(�) I have investigated the title to this land and to abutting land where �elavent and 1 em setisfietl that the title records
a a� r reveal no contravention as set out in subclause 49 (21a) (c) (ii) of the Planning Act, 19&3 antl t�at to the best of my knowledge anA Deliei this
� �,-01, transfer does not conirevena section 49 of the Planning Aq 1983. I act independently ot the solicitor tor the trensfe�or(s) and I am an Ontario
'c � A� solicitor in good standing.
d y o- Neme and Date of Signature
m Address N Y M D
xo.
Q'�,L SOIIGIOf
y SIJ09[UfB. . . . . � ' .. . . .
(15) Aswt�m�nt RWI NUTMf '; �N� '� Mun ; Mep ; Sub. Par � Faas sntl Tax
01 Property i i �
� � ' Z Registretion Fee
(18) Municipel Addrw ot PropeAy (11) Oxum�nt Pnpsnd by: O
not assigned C.M. Timothy Sheffield � �andTransrerrax
Town Solicitor w
1710 Kingston Road LL
� Pickering, Ontario 0
L1V 1C7 ¢
� ToW
10173(12/84)
�
�
�vro.�nu
o� B@1�
oou�m
Schedule
form 6— Und Rp4lrWOn RNoim Aal, 1�N
rc �u.a �K uu
Pp�� .
"WHEREAS the 7Yansferee is �he owuer in (ee simple oF tl�ose lands and premises
(hereinafter called the Transferee's lands) being composed of Pans of Town Lots 5 and 6 on the North side of
Adelaide Slrcet Wesl according lo the Plan of the Town oP York and designa�ed as Pans I and 2, Plan 63R-545,
City of Toronlo, Municipelity of Metropolitan Toronto"
THE TRANSFEROR granls to �he �ransferee, its succcssors and assigns to be usnd and
enjoyed as apQuctenant to lhe Traasferee's lai�ds, �t�e frce, uuinterrupted und unobs[ructed right und eusement
in perpeluily over [hose lands described in lhe trans(er of easement io which thesc provisions are a schedule,
hereinafter called "the Transfnror's lands".
1. TO ENTER on and construct, rcpair, replace, operate, maintain, rencw and make
additions to telephone and telecommunica�ions Pacilities (forming pari of its conlinuous lincs between the
'[Yansferee's lands and uiher lands), including all necessary �ulw* cables and wires EbekM buried and aeriel),
conduits, conduit struc�ures, markers, Lixwcec. and eyuipmem and all appurtenances �hereto as the TYansferee
may from time to lime or at any �ime hereafter deem rcyuisile upun, over, under, along and across lhe
7}ansFeror's lands for Uie purpose of furnishing telecomwuuicaiions service to ihe premises of the Transferor
and Io the premises of ihe Transferee's cusiomen fiom iim� �o �ime on lands adjoining or on oU�er lands;
lo�elher wilh the righ� uF free unimpeded acecss io d�e'frau�l'erce, its ageni,, contractors, workroen, vehicles,
supplies and equipmenl at all iimes and I'or all purpuscs und �hings necessury Ibr ur inciden�al �o lhr exercise
and enjoyment of tlie righ�s hereby gr•rnted, over ihe Transl'eror's lands I'ran d�e highways or lands abwtin�
thereon �o and from Ihe places where any u( �he saiJ iclecommunications (acilitics or ;iny parl or pans Iherwf
arelo be constructed,repaired,replaced, operuled aud main�aiucd;
2. TO ATTACH uiher wires, cables, equipmcni and accessorits and lo permit the
attachment of �he wires, cables, equipment and acceswries of auy uiher company or co�umission for ihe
purpose only of supplying a service;
3.
�
4. ' a�rtwlen-aed-a++�+lww-�ad-�a-ukunl�
� isec.
THE TRANSFEROR shall have the righi to fully use �nd enjoy the Transfcror's lands
excepl as may be necessary for any oY'Ihe purposes hereby granted io ili� Transfercr piuvid�J il�w wi�liout ihe
prior written consenl of �he Transferee, the Transferor shall nui excav;uc, drill, ins�all, erca or p�nnii to be
excavated, drilkd, ins�alled or erected upon, over, iu, uuder and acruss ihe'1'ransl'eror's lands auy pi�, well,
foundation, pavement, building or aher structure or insiallaiion.
THE TRANSFEREL covenan�s and agrees wiih ihe Transle�or ihat ii shall be responsible
for any damage caused by i1s agenls or employees lo ihe proper�y u( thc Transferor All(I SI18II i1S I8f :15 j�0551�IC
replace at i1s own cost any soil or wrf removeJ in connec�ion wi�h any ol'the work above referred to.
NOTW ITI{STANDING any rule of law or equiiy and cven il�ou�h any of tht Trunsferee's
telecommunication facilities anJ appurtenances may become annexed or afl'ixed �o the real�y, iitle there�o shall
nevertheless remain in the Transf'eree.
THIS AGREEMENT including all righls, privileges and benefi�s herein con�ained ahall
ex�end �o, be binding upon, and enure w ihn benefit o( �he parties heretu and their rcapactive hcin, execwors,
adminislrators, successors and assigns.
.
... .. u� - - - -
-��8��
e. •
C`�'"�
�..,s.�.a��
�
. .�
SCHEDULE B
�11 7rovince Transfer/Deed of Land
af
Y Ontario
Form 1— Land Rpl�tntlon Ralorm Ac4 1984
DvE d �UPNtM CO UMREp
Farm No 9l0
�
(�) pylNry ❑ LanA TNNS � (2) Pe9e 1 ot pages
(3) PropeAy BloCk Property
�dantmer(.) naonan.c
scMGub ❑
(4) Coraldawtbn
Y Two oouars E Z• 00
J
Z (5) D��eApNon This is a: Property Property
O
W Division ❑ Consolidation ❑
� �Fir�stl , those parts of L,ot 26, Range 3, B.F.C.,
� e�gnated as Parts 4, 5 and 6, Plan 40R-11259; and
LL —Sec�on��d�lY , those parts of the road allowance between
� NewPropertyldentifiers o�nd Range 3, B.F.C., designated as Parts 7,
o S�+t�o�a� 45-47, 49, 69, 70-72, Plan 40R-11259; and
scr�a�ie ❑ Thirdly, those parts of the road allowance between
e■seueans Con. 1 and Range 3, B.F.C. and former King's
Hwy. No. 2, designated as Parts 48, 50, 51, 53-56,
noait�o�a�: 61, 73 and 79, Plan 40R-11259
sea
scnae�ie ❑ Town of Pickering, Regional Municipality of Durham
(8) 7his (a) Fedescription (b) Schetlule fon (7) InbmVEStNe Tnmhmd
�ou+�^� New Easement � Additional Fee Simple
ConNlm PIaNSketch �, Description � Parties � Othe� ❑ Easement
(8) TrsnabroHe) The transfBror hereby trensfers the land to the Iransferee antl certifies ihat the irenstaror is at leeat eighteen yeers old and thet
............................................................................... ............
Date of Signeture
. ��c�. . . .�. . i' . . . o
Namels� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S �na�relsl v. . .' . . :
THE CORPORATION OF THE TOWN 1988 ! 03
;.
08' .
OF PICKERING
....... ....................... 1988; 08; 03
............................................. . . �......;...i...
Biuce' TayIor,' 'CIerk ' ' ' ' ' ' ' ' ' ' ' ': � �
(9) Spouse(e) ol Trsna�eror(s) I hereby consent to this transaction Date of Signature
Name�s) Signature�s) v rot o
' i
(10)Trsnsteror(s)Addrcu on and before July 31, 1989 - 1710 Kingston Road, Pickering, Ontario
for Servke
(11) Tranateree(s) Date of Birth
V M D
THE CONSUMERS' GAS COMPANY LTD.
7. 'I'dari'C'uthiIl',' Vice=Presid'erit.:......�... i....
............................................... .....i......�...'...
Way'ne 'C: ' C'urrie'r',' S'ec7'etary , �
(12) Tren�lsrea(s) Addroa
�orsenke p,0. Box 650, Scarborough, Ontario M1K 5E3
(13) TnNbror(�) The transferor verities that to the best of the transferor's knowledge and belief, this transfer aoes not contravene section 49 of ihe
Planning Act, 1983. Date of Signature Date of Signature
v M D � M D
Signeture. . . . Signeture , , . . . �' ' ' .
Soliclto� for Tranda�or(a) I have explainetl the eHect �of section�49 of the Planning Act, 1983 to the transieror and I have made inquiries oi tl�e trensteror�
� to determine that this tran5fer Ooes not cont�avene that section and basetl on the information supplied by the transieror, to the best of my knowledge
Z and belieL this iransfer does not contravene that section. I am an Ontario solicitor in good standing. ' Date of Signature
� Name and , v ,, M. D
a AOOress of Signature. . . . . . . . . . . . . . . . . . . ! . . . . . .'�. . . i . . .
Solicita
I
y (U) SoNdlp lo� TantNrw(t) I have investigated the title to this land end to abutting land where relevant and I am satisfied thet the title raeords
� a d�. reveal no contrevention as set out in subclause 49 (21a) (c) (ii) ot the Planning Act, 1983 an0 that to the best of my knowledge entl belief this
a��' transter daes not contravene section 49 of the Planning Act 1983. I act independently of the solicitor for the transferor(s� and I em en Onterio
�c E`� solicitor in good standing.
� :� S'
a y_o= Name and Date of Signature
z o d Add/BSS Of � M D
Q��c Solicitor
'o
y Signature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .
(15) Aue��m�nt Roll NumWr '; Cry. �, Mun; Mep ; Suo. Pac Y Fees an0 Te:
of Propsrty �
� ' � Registration Fee
(18) Munklpel Addreu ol P�operty (17 Oxument P rodby
not assigned �.M. Timontkwiy Sheffield y LandT�ansfarTax
Town Solicitor �
w
1710 Kingston Road v
LL
Pickering, Ontario 0
L1V 1C7 �x
� TotN
IV1/J�IC/tl9)
� Pmvincs Schedule A
� o' \
On[ario
, Fam b— L�nd RpMUNIa� RMam Ael, 1!N 2 0 f 5 �
Fps
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 to survey, lay, construct, operate, use, inspect,
remove, renew, replace, alter, enlarge, reconstruct, repair, expand and maintain
pipelines and all 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, supplies, machinery and
equipment necessary or incidental to the exercise and enjoyment of the easement
hereby transferred.
2. The Transferee shall have the right at any time and from time to time 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 shall 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 the 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
all 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 the 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 exerc9se and enjoyment by the Transferee of its
rights hereunder.
7. Notwithstanding any rule of law or equity, any pipeline constructed by the
Transferee together with all 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.
8. The Transferee shall at its own expense as soon as reasonably possible after the
construction of its pipeline or other exercise of its rights hereunder, remove all
surplus soil and debris from the Easement Lands and restore them to their former
state so far as is reasonably practicable.
C0.02] WqINT.06RE�
���1jj Provinca Schedule
, d� ol
o��„�o
Form 6— W�d Rpw4�tlon R�fom� Ael, 19M 3 of 5
Fps
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
7ownship 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
the 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 al] bearings herein
thereto.
COMMENCING at a point in a line drawn parallel to and distant 20.00 feet measured
westerly at right angles from the easterly limit of Lot 5, said point of commencement
is located as follows:
S7ARTING at the south-east corner of Lot 5, Concession 5;
THENCE 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, 2,821.50 feet to a
survey monument;
THENCE South 72° 43' West 20.01 feet more or less to the point of commencement;
THENCE 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;
THENCE North 74° 06' East 81.95 feet more or less to the aforementioned described
parallel line;
THENCE North 16° 00' West along the 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 commencement.
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 admeasurement one
hundred and sixty-three one-thousandths of an acre (0.163 ac.) be the same more or
less, more particularly described as follows:
BEARINGS HEREIN 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;
III$�
CO.M] WB�INTpbBl)
S
� Prorinca Schedule
, � ol �
Onterio
. Fam 6— Land RpMtrMbn RNam Acl, 1Nt 4 of 5
p�
COMMENCING at a survey monument planted in 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, said point of commencement is located as follows:
STARTING at the South-west corner of Lot 29, 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-hundredths feet (2159.08") 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 Highway No. 35 as widened, two hundred and
eight feet (208.00') to the point of commencement;
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 (N 71° 30" E), one hu�dred and
two feet (102.00') to a planted survey monument in the said Westerly limit of the
King's Highway 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 Highway No. 35 as widened, distant sixty-nine
and fifty one-hundredths feet (69.50') to the point of commencement.
w.m�.marc�.oe,ae� - � ----• -- �
SCHEDULE C
7l Province Transfer/Deed of Land
of
V On�ario
Fo�n 7- L�nd Rpitlrado� Reform Aet, 198�
ovE e ouAnnu co uM�*Eo
Form No 9�0
�
(1) RpMry � LanE Tidn � (2) Page 1 of pe9es
(3) Props�ty Block Property
IdN�tlfl�r(�) AECitbnal:
ScheCUle �
(1) CorulMnlbn
� Two Donersi Z•00
J
Z
� (S) Ds�eriplbn This is a: Property PropeAy
W Division ❑ Consolidation ❑
� Firstly, those parts of the road allowance between
� Concession 1 and Range 3, B.F.C., designated as Parts
LL 36, 38, 40, 45, 46, 4?, 49, 69, 70, 71, 72, 74, 75, 76,
0 New PropeM Identifiers and 77, Plan 40R-11259; and
o5����o^a�: Secondly, those parts of the road allowance between
sor»e�� ❑ Concession 1 and Range 3, B.F.C., and former King�s
ex«utwne Highway No. 2, designated as Parts 35, 37, 39, 41-44,
48, 50-57, 60, 61, 73, 78, 79 and 80, Plan 40R-11259
Additionel:
See
scneauie ❑ Town of Pickering, Regional Municipality of Durham
(8) Thie (a) ReCeacription (b) Schedule for: (7) InNn�VEsfale Tn�uhmd
Doeument New Easement � pdditional Fee Simple
Contains p�gn/Sketch � �� Description � PaRies � Other ❑ Easement
(8) TransMror(s) The transferor hereby transfers the land to t�e transferae anG certifies that the transieror is at leest eighteen ye9rs old and thet
................................................_.............................. ............
Date ot Signature
V M D
Name(s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ignat e(s)j �
OF PICKERINGTION OF THE TOWN o n E�°��.'fi�e'rso`"ii,' Ma� .',.1988 i 08i 03
............................ i988; 08, 03
� �...;...
.B'ru'c'e' Taylor; 'CIerk ............:' , ,
(9) Spouss(n) of Tronsleroqa) I hereby consent to this transaction Date of Signature
Name(s) Signature(s) v �n o
(io)T�rasslerkes)Adtlmu after July 31, 1989 - One The Esplanade, Pickering, Ontario �
(t7) Transieree(s) Date of Birth
V M D
TH�. R�GIONAL .MUAII.CIP.ALITX. QF. .D(IRHAM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : �;.48 . . . .
1988.'
G. Herrema, Chairman
i 08.;....
1988..
C.W. Lundy, Clerk
(12)Transferse(s)AddrB�S ROSSland Road East, Whitby, Ontario L1N 6A3
for Servke
(13) Tnntleror(�) The transferor veri�ies that to the bes[ of the transfeior'S knowledge and belief, this transter does not contravene section 49 of the
Planning Act, 1983. Date of Signatwe Date of Signature
Y M D Y M D
Signature .........................i......'...!.. Signature... .. ... ' . '..
Solieitor tor Trensferor�s) I have explainetl t�e eNect of seytion 49 ot the Planning Act. 1983 to the trensferor and I have made inquiries of t�e transieror
Q to determine that this transfer Coes not contravane that sedion and Desed on the into�mation supplied by the trensferor, to t�e best of my knowledge
Oand beliet, this transfer does not contrevene that section. I am an Ontario solicitor in goo0 standing. Dete of Signature
- Name a�d , v M, D
~a Address of Signature . . . . . . . . . . . . . . . . . . . . . . . . . . ! . . . . . .'�. . . �
O Solicitor ' '
I
� (14) SoNcHw tor TrnqNn�(s) I have investgated the title to this land and to abutling land wt�ere relevent anC I am safisfied that the title records
�n� Z reveal no contravention as set out in subclause 49 (21 e) (c) (ii) of the Planning Act, 1983 and that to the best of my knowletlge and belief this
c � y Iranefer doas not contravene section 49 oi the Planning Act 1983. I act indepentlently of the solicitor for the transferor(s) and 1 am an Ontario
�c €,�, � solicitor in good standing.
c �
a y o- Name end Date of Signature
v Atldress of v n�t D
Q y� Solicitoi
y Signature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(15) Annsm�nt Rdl NumMr '; Cry. �, Murt; Mep ; Sub. I Per. � Feat ind TaX
m n �
ol Proqrty • ; I �
' � � Z Registration Fee
(18) Munieip�l Adtlna ol Prop�Ay ' �17) Dxumant Pnqnd by: O
not assigned C.M. Timothy Sheffield � LandTransfer7ac
Town Solicitor �
1710 Kingston Road LL
Pickering, Ontario o
L1V 1C7 � ToW
wiro I�zroa�
PrOVmte Schedule
ot
Y Onterio
Porm 5— Land ReqNtradon Reform AM, 1984
Page
h Ident111sAs) anNor Other Inlormatlon
ADDITIONAL COVENANTS
o+e a ounHnM co urnrtEo
�O�m Na 33p
S
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
sanitary sewer or sewers, watermain or mains, or both of them, together with any and all
appurtenances thereto as may be required from 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 sanitary sewer or sewers, watermain
or mains, or both of them of larger size or capacity) and maintaining the said sanitary
sewer or sewers, watermain or mains, or both of them 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 Box 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.
A ND 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 sanitary sewer or
sewers, watermain or mains, or both of them and accept the consideration mentioned herein
in ful] satisfaction of all such claims, provided 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.
A N D 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.
A ND the Transferor covenants with the said Transferee that it will execute such further
assurances of the said rights and easements as may be requisite.
>
J
Z
O
W
N
�
70178 (12/84)
Province
of
Y On�Orio
SCHEVIILE D
Transfer/Deed of Land
Form 1— Land Rpistntlon RNorm Act, 1984
ovE s ouan�M co �iMrtco
Fo�m Ho a�o
�
(1) Rpbtry [] land Tid„ � (2) Page 1 ot pages
(3) Propsrty Block Property
IdentlMr(�) ACtlitbnec
S�chetlub �
(4) ComW�nlbn
Y T�'� Douars S Z• 00
J
Z (5) D��eNptlon This is a: Property PrOperty
O
w Division ❑ Consolidation ❑
� �Firstl , those parts of Lot 26, Range 3, B.F.C.,
� ed signated as Parts 17-19 and 26, Plan 40R-11259; and
�
�
� New Property Identifiers Secondly, those parts of the road allowance between
o S�ino�ec Concession 1 and Range 3, B.F.C., and former King's
sm,aa�ia ❑ Highway No. 2, designated as Parts 20, 33, 35, 43,
ex«m�om 51, 6�9 and 80, Plan 40R-11259;
ACtli�iona�: TOWri o Pickering
See
scnea�ia ❑ Regional Municipality of Durham
(8) This (a) Redescription (b) Schedule for: (� InbmVEshb Tnnshmd
Documenf New EasBment � Additional Fee Simple
ConLlns p�n/Sketch � �. Description � Parties � Other �
(8) TransferoHs) 7he transferor hereby transiere the lantl to the Iransferee and certifies that the transferor is at leest eighteen years old enC thet
............................................................................... ............
. dHn' ' ' . . ' er'son�. . . : . .DVte of SM neture
............... ........................ ' ,f
Neme(s�) S atur )
THE CORPORATION OF THE TOWN 1988 i O8; 03
OF PICKERING
..................... 1988i 08, 03
Y �. ..i..
. . . . B'ruce' Ta ' Ior, CIerk . . . . . . . . . .. ' ,
(9) Spouse(s) ol Transferor(e) I hereby consent to this transaction Date of Signature
Name�s) SignaWre(s� v rot o
' � i
(10) Transixor��) Addrost
. . �
rorserv�ce after July 31, 1989 - One The Esplanade, Pickering, Ontario
(11) Tranaleree�s) Date of 8irth
V M D
PICKERING HYDRO-ELECTRIC COMMISSIOI3
(12) Trandarae(e) AGOreu
�o�sery+ce 1920 Bayly Street, Pickering, Ontario L1W 3R6
(13) TnMleror(�) The transferor verifies that to ihe best of ihe transferor's knowledge and belief, this transfer does not contravene section 49 of t�e
Planning Act, 1983. Date of Signature Date of Signature
V M D V M D
Signature . . . . . . . . . . . . . . . . . . . . . . . . i ; Signatura. . . .
Sollcitor lor Tronsleroqe) I have explained the aBect�of section�49 of the Plenning Act. 1983 to the trensferor and I Aave made inquirias of the transfero��
� to determine that this transfer does not contravene that section and base0 on the information supplied by the Iransferor, to the best of my knowledge
Z and belief, this transfer does not contravene that section. I am an Ontario solicitor in gootl stanCing. Date of Signature
� Neme end i V , M. D
� Address of Signature. . . . . . . . . . . . . . . . . . . i . . . . . .'. . . i
O Solicitor ' � ' ' ' ' ' ' '
I
y� (14) SoNCitor for TlamNn�(�) I have investigeted the title to this land antl to abutting land where relevant and I em sa[isfied that the title recorOs
� a a�, 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 end belief this
� �°—' � transfer does not contrevene section 49 of the Plenning Act 1983. I act independently of the solicitor fo� the trensferor(s) and I em en Ontario
"c E W;, solicitor in good standing.
3� =� �
a y_`- Name and Date of Siqnature
d Address of v M o
Q �L SOIICIIOI
� Signature...... ' '
(15) M�sum�nt Rdl NumWr I Cry. �, Mun.; MaD 1 SuD. Par. Fem �nd Ts:
01 Prop�rty � �
' � ' � Registration Fee
(18) Municipal Addroa ot PropeAy (17) Document Pnpand by:
W lantl Transfer Tax
N
not assigned C.M. Timothy Sheffield W
Town Solicitor �
1710 Kingston Road p
Pickering, Ontario ¢
L1V 1C7 � 70�
IU1l311!/84)
Province Schedule
ol
Y Ontano
Form 5— LsnC Rpbirotion Refo,m Act, 1984
Page
Addltbnal Proparty IMntiflsHs) and/or
INTEREST/ESTATE TRANSFERRED
OvE 6 �UFNFM CO LI4i*ED
Porm Na 99p
S
1. T he 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. T he 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. T he 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.
r
J
Z
�
W
y
�
10178 (12/B4)
SCHEDULC E
Province Transfer/Deed of Land
of
V ONerio
Form 1— Land Raylstntlon RNorm Act, 1981
DVE 6 DURXRM CO LIMITE�
GOrm No 9)0
�
(1) Rpbtry � Land TNNs � (2) Page 1 of peges
(3) P�opsrty Block Property
IMntIMr(�) AEtlitwnal:
SCMAuIe �
(4) Con�IMratbn
� Two Dollars E Z• 00
J
Z (5► D�scrlptlon This is a�. Property Property
� Division ❑ Consolidation
j Firstiy those parts of Lot 26, Range � B.F.C., desig.
W as Parts 2, 5, 10, 14, .18 and 24, Plan 40R-11259; and
LL Sec� those parts of the road allowance between
� NewPropertyldentifiers Concession 1 and Range 3, B.F.C., designated as
� Parts 40, 47, 71 and 76; and
Atlditional'.
° S� � Thirdly those parts of the road allowance between
scnee�ie Concession 1 and Range 3, B.F.C, and former King's
ex«uuons Highway No. 2, designated as Parts 31, 41 and 48,
neemonnc Plan 40R-11259;
s� � Town of Pickering, Regional Municipality of Durham
St�edule
(6) This (a) Redescription (b) Schetlule foi: (7) In1�mVEs4ts Tnnshmd
Document New Easement � Additional Fea Simple
ConGins plan/Sketch � � Description � Parties � Other ❑ Easement
(8) Tren�feroK�) The transferor hereby transfers the IanO to the transferee antl certifies that the transferor is at leest eighteen years old and that
... ........................................................................... ............
Date of Signature
...................................... ..... ..... ...................... y
Name(s) Signature(s) � �
TON.ALIST. H.QLDING.S .INC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; . . . . . .!. . . { . . .
(9) Spouse(s) of Trensleror(a) I hereby consent to this transaction Date of Signature
Name�s) Signature(s) v M o
(10) 7rsnsieror(s) Addrea
for Servke
(11) Transieree�s) YDete otµ irth o
��E. GOi2PQRA�'.IQN.OF. T.HE TQWL�I ............. �,�� 1988.;.08;.03.
John E. nderson, �9ayor I
OE. PICKERING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i . . . . . .!. . . ; . . .
1988 ; 08 ; 03
;...;....
Bruce Taylor, Clerk ;
(t2} 7rens�eree{s) nddross on or e ore ugus , - mgs on oa , ic ering, n ario
torservice after August 31, 1989 - One The Esplanade, Pickering, Ontario
(13) Trenderor(t) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 49 of ihe
Planning Act, 1983. Date of Siqnature Dete o� Signature
V M D � M D
Signature . . . . . . . . . . . . . . . . . . . . . . . . i � Signature, . ' ' ,
Solicitor lor Transle�or(a) I have explained tha eHect�of section�49 oi the Planning Act, 1983 to the transieror anC I have maCe inquiries oi the trensferor
Q to dete�mine that thi5 tra�sfer does not contravflne that section anA based on the iMOrmation supQlied by the tra�steror, to tha Oest ot my k�owl8dgfl
Z and beliei, this transter tloas not contravane that section. I am an Ontario solicitor in good standing. Date of Signature
� Name and , � , M� D
a Address of Signature . . . . . . . . . . . . . . . . . . . . . . . . . . ! . . . . . .'�. . . i
O SoliCitOr ' '
I
� d (11) SdkHw lor TnmAn�(�) 1 have investlgeted the title to this IanO end to abutting land where ralevant and 1 am sa[isfied that the tltle recor05
Ty
reveal no contravention as set out in subclause 49 (21a) (c) (ii) of the Planning Act, 1983 entl that to the best ot my knowled e anC beliaf Mis
� n= � iransfer does not contrevena section 49 ot the Planning Act 1983, I ect intlependently of ihe solicitor for tha trensferor(s) an I em an Onterio
�c E q"w 5olicitor in good stantling.
�` vr �
a yo_ Nemeand DateofSignature
.� Address of v M D
Q �L SOIICAOf
b
y Sign8tuf8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(15) AusumNlf Rdl Numbsf j Cry. �, Mun.', Mep ; SuD. Per. Y Fses anC Tex
olPropsAy t i i �
' Z Registration Fee
(16) Munlelpal Addrou ol Propsrty (17) Oxumsnt Pnp�rW by: �
not assigned C.M. Timothy Sheffield j LandTrensterTax
Town Solicitor w
U
1710 Kingston Road LL
Pickering, Ontario �
L1V 1C7 o row
iui„n<,e»,
ProvinCe
� oi
onta�io
Schedule
Form 5— Land RpMndon RNorm Acl, 1984
Page
AAONIonN Propary
INTEREST/ESTATE TRANSFERRED
O�E 6 DURNAM CO LIMITEO
Porm No 9d0
2 of 3 �
1. The Transferor hereby transfers to the Transferee the free, uninterrupted and
unobstructed right and easement to construct, operate and maintain such storm
drainage works, together with any appurtenances thereto as may be required
from time to time in, under and across the ]ands 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 ]ands 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.
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 here-
by, 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 practi-
cable restores the surface to the condition existing prior to any entry thereon
to exercise the right hereby granted.
4
E
�
The Transferor covenants that it shall execute such further assurances of the
right and easement granted hereby as may be required by the Transferee.
The burden of this Transfer and of all the covenants contained herein shall run
with the lands herein described.
This Transfer shall be binding upon and shal] enure to the benefit of the
parties hereto and their respective successors and assigns.
LAND BENEFITED (DOMINANT TENEMENT)
7. The benefit of this Transfer and al] of the covenants contained herein shall run
with all other ]ands and interests in land owned, occupied or used by the
Transferee, its successors and assigns for the purpose of operating and main-
taining storm drainage works,
�.
ioi�e (iziea�
y7A_} ProvinCe
i��i7� of
�V Ontefm
SCHEDULF. F
Transfer/Deed of Land
Form 1— L�nd RpINnNon Ralorm Ac4 1984
��E 6 DVRNAM CO tIMIiEO
Fwm No WO
�
(1) HepMry ❑ LendTltMs � (2) Page 1 ot Pages
(3) IMn�t�Hs) Block Property AOOitbnal:
Schetlub �
(4) Comldudbn
, Two oo��a,�a z.00
J
Z
� (5) Dsreriplbn This is a: Property Property
Division ❑ ConSOlidetion ❑
� Firstl those parts of the road allowance between
� oncession 1 and Range 3, Broken Front Concession,
,� designated as Parts 36, 38 and 40, Plan 40R-11Z59; and
LL
� New Properry Identifiers
¢ noa�no�ai: Secondl those parts of the road allowance between
� snaauie ❑ Co�nd Range 3, B.F.C., and former King's Highway
No. 2, designated as Parts 37, 39, 41, 42, 43 and 44,
exscutbns Plan 40R-11259
AEtlitional'
S� � Town of Pickering, Regional Municipality of Durham
Schetlule
(6) This (e) Redescription (b) Schedule �or: (7) Int�mVE�4h TroroMrrW
�owmeni New Easement � qdditional fee Simple
Con4lnt Plan/Sketch � Desc�iption � Perties � Other ❑ Easement
(8) Trsniferohs) The transferor hereby transfers the lantl to the transferce and certifies that the transteror is at least eighteen years oltl and that
............................................................................... ............
Date of Signeture
Name�s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signature(sj . . . . . . . . . . . . . . . . . . . . . . . . v , M D
T0�3A�,IST HOLDINGS INC� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :. . . . . .i. � . . .
(9) Spousa(s) ol Transfe�or{a) I hereby co�seat to this trensaction Date of Signature
Name�s) SignaWre(s) v M o
(10) Tnnslarorys) Addreu
for Service
(11) Troasferee�s) rth
�
���"a+.� v �oM ' • 03�
THE GORPORATION OF THE TOWFV ��- 1988e; 08�
� John E. Anderson, Mayor
OF PiCKERFNG . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � . . . . . .'..
. ! 08i 03
; 1985 ,
Bruce Taylor, Clerk
(12) Translerae(s) AAdmss on or e ore ugust , - ingston oa , ic ering, ntario
iorservice after Au ust 31, 1989 - One The Esplanade, Pickering, Ontario
(13) TraoabroKf) The transferor verities that to the best ot the transferor's knowledge antl 6elief, this tra�sfer does �ot co�travene sectio� 49 ot the
Planning Act. 1983. Date of Signature Date o( Signature
V M D � M D
Si nature . . . . . . . . . . . . . . . . . . . . . . . . . . i � Signatura. . . . .
Solicito� for Traneleror(e) I have explained the effect�of seCtionf49 of the Planning Act, 1983 to Ihe transferor anA I have made inquiries of the Iransferor�
� to determine that this transtar Aoes noi contravene that secBOn and based on tha information supplled by the transfaror, to the best of my knowiedge
Z and belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Dete of Signature
� Name and , � � M� D
a Address of Siqnature . . . . . . . . . . . . . . . . . . . . . . . . . . ! . . . . . .'�. . . ; . . .
� Solicitor
I
� (11) SoNCltq lor Tnn�Nr�s) I have investigated the title to this land and to abutting IanO whare relevent and I am setisfieC that the tiUe records
� o a� reveal no contravenhon as set out in subclause 49 (21a) (c) (ii) of the Planning Act, 7983 and thet to the best of my knowtedge end belief this
�-= � transfer does not contravene section 49 Of the Planning Act 1983. I act independently of the solicito� for the transieror(s) and I am en Ontario
2� �F� solicito� in good standing.
a y_`o- Name and Date of Signature
K � d AGtlf8S5 Of Y M D
Q�t Solicitor
ySignature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(15) Auastm�nt Roll NumW� j Cry. �, naun.l, Mep ; Suo. Per. � Faes and Tax
ol Prop�rty � � � ! Z
(18) Munitlpsl Address ol Property (17� Doeument Pnpand by: p Registration Fce
W Land Trensfer Ta�c
not assigned C.M. Timothy Sheffield �
Town Solicitor cwi
1710 Kingston Road o
Pickering, Ontario ¢
L1V 1C7 0� Taw
ia, �31, zroa�
Province Schedule
of
Y Ontano
Form 5— Lanc! Rpbtndon Retonn AM, 1984
Pege
snd/or Other Inlamation
INTEREST/ESTATE TRANSFERRED
ovE y ounH�M co uMirEo
ro�m uo sso
S
1. The Transferor hereby transfers to the Transferee the free, uninterrupted and
unobstructed right and easement to operate its public bus transportation system,
together with any vehicles or other appurtenances thereto as may be required
from 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 their
passengers, servants, agents and workmen, with al] necessary equipment,
machinery and vehicles to enter upon the lands at all times and to pass and
repass thereon in the course of or for the purpose of using or operating such
system.
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. T he 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 operation of the public bus transportation system
or existence of any vehicles or other appurtenances thereto.
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.
LAND BENEFITED (DOMINANT TENEMENT)
7. The benefit of this Transfer and all of the covenants contained herein shall run
with all other lands and interests in land owned, occupied or used by the
Transferee, its successors and assigns for the purpose of operating its public
bus transportation system.
io»e ��zra4�