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Home My WebLink AboutBy-law 3041/89 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3041 /89 Being a by-law to authorize the execution of a Transfer of Easement over those parts of Lot 33, Concession 1, Picketing, being Parts 4 and 6, Plan 40R-11804; a Transfer of Easement over that part of Lot 33, Concession 1, Picketing, being Part 4, Plan 40R-11904 (LD 460/88 and LD 596[88) WHEREAS, pursuant to the provisions of section 53(12) of the Regional Municipality of Durham Act, R.S.O. 1980, chapter 434, the Town is responsible for storm drainage in the municipality; and WHEREAS, pursuant to the provisions of section 193 of the Municipal Act, R.S.O. 1980, chapter 302, the Town may acquire an interest in land required for the pur- poses of the Corporation; and WHEREAS, the Durham Land Division Committee granted its consent to severance applications LD 460/88 and 596/88, subject to certain conditions, one of which in each case requiring that the owners satisfy the Town with respect to the conveyance of easements for storm water management purposes; 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: (a) Transfer of storm sewer easement, in the form attached hereto as Sched- ule A i~rom Herbert and Christine Agnitsch to The Corporation of the Town of Pickering, respecting that part of Lot 33, Concession 1, Picketing designated as Part 4, Plan 40R-11804; (b) Transfer of an access easement, in the form attached hereto as Schedule B, from Herbert and Christine Agnitsch to The Corporation of the Town of Picketing, respecting that part of Lot 33, Concession 1, Picketing, designated as Part 6, Plan 40R-11804; and (c) Transfer of storm sewer easement, in the form attached hereto as Sched- ule C, from John and Ursula Woitzik to The Corporation of the Town of Picketing, respecting that part of Lot 33, Concession 1, Pickering des- ignated as Part 4, Plan 40R-11904. BY-LAW read a first, second and third time and finally passed this 20th day of February, 1989. Wayne urs, Mayor TOWN OF PICKERING r, APPROVED THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO.3041 /89 Being a by-law to authorize the execution of a Transfer of Easement over those parts of Lot 33, Concession 1, Picketing, being Parts 4 and 6, Plan 40R-11804; a Transfer of Easement over that part of Lot 33, Concession 1, Pickering, being Part 4, Plan 40R-11904 (LD 460/88 and LD 596/88) WHEREAS, pursuant to the provisions of section 53(12) of the Regional Municipality of Durham Act, R.S.O. 1980, chapter 434, the Town is responsible for storm drainage in the municipality; and WHEREAS, pursuant to the provisions of section 193 of the Municipal Act, R.S.O. 1980, chapter 302, the Town may acquire an interest in land required for the pur- poses of the Corporation; and WHEREAS, the Durham Land Division Committee granted its consent to severance applications LD 460/88 and 596/88, subject to certain conditions, one of which in each case requiring that the owners satisfy the Town with respect to the conveyance of easements for storm water management purposes; 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: (a) Transfer of storm sewer easement, in the form attached hereto as Sched- ule A from Herbert and Christine Agnitsch to The Corporation of the Town of Pickering, respecting that part of Lot 33, Concession 1, Pickering designated as Part 4, Plan 40R-11804; (b) Transfer of an access easement, in the form attached hereto as Schedule B, from Herbert and Christine Agnitsch to The Corporation of the Town of Picketing, respecting that part of Lot 33, Concession 1, Pickering, designated as Part 6, Plan 40R-11804; and (c) Transfer of storm sewer easement, in the form attached hereto as Sched- ule C, from John and Ursula Woitzik to The Corporation of the Town of Picketing, respecting that part of Lot 33, Concession 1, Pickering des- ignated as Part 4, Plan 40R-11904. BY-LAW read a first, second and third time and finally passed this 20th day of February, 1989. Wayne A~-ffhurs, Mayor PICKERtNG Bruce Taylor, Cl~/rk et Transfer/Deed of Land Ontario Form I -- Land Reglstratlo~ Reform Act, 1984 (1) Registry [] Land Titles [] T(2) Page 1 of 3 pages (3) Property Block Property Ideetlfler(s) Additional: Schedule (4) Consideration Two 2.00 Dollars $ (S) Da~crlptlon This is a: Property Property Division [] Consolidation [] Part of Lot 33, Concession 1, designated as Part 4, Plan 40R-11804 New Property Identifiers See Executions Town of Picketing Additional: Regional Municipality of Durham See Schedule [] (6) This (a) Redescription '(b) Schedule for: [ (7) Interest/Estate Transferred Document New Easement ' Additional [ Fee Simple Contains Plan/Sketch [] I Description [] Parties [] Other [] Easement Transferor(s) The transferor hereby transfer~ the land to the transferee and certifies that the transferor is at least eighteen years old and that we are spouses of one another Date of Signature AGNITSCH, Christine i1988 i12 9) Spouse(s) of Transferor(s) I hereby consent to this transaction Date of Signature Name(s) Signature(s) Y M D (10) Transferor(s) Address forSe~lce C/O T. George Gorrie, 27 Queen Street East, Suite 1100, Toronto, Ont. M5C 2M6 I1) Transferee(s) Date of Birth THE CORPORATION OF THE i1988 il2 TOWN OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk (12) Transferee(s) Address forSer~ce on or before August 31, 1988 - 1710 Kingston Road, Pickering, Ontario (13) Transferor(a) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 49 of Planning Act, 1983. Date of Signature Date of Signature Y M D Y M D Signature. .............................. .',. ,L . j . [, nature ........................... ~ ...... ,, ....... Solicitor for Transferor(s) I have explained the effect of section 49 of the Planning Act, 1983 to the transferor and I have made inquiries 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 kn~ledge and belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature Name and I Y , M ; O Address of (14) Solicitor for Transferee(a) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records reveal no contravention as set out in subclause 49 (21a) (c) (ii) of the Planning Act, 1983 and that to the best of my knowl6dge and belief this transfer does not contravene section 49 of the Planning Act 1983, I act independently of the solicitor for the transferor(si and I am an Ontario solicitor in good standing, Name and Date of Signature Address of Y M D Solicitor Signature .............................. , ........ (15) Aesessreent Roll Number j cry iMun. i Map [ Sub j Par i FeesandTax of Properly :118i 01[ 030i OZOi Z0000{ [partl Registration Fee ~ Municipal Address of Property (t7) Document Prepared by: Land Transfer Tax 1888 Altona Road T. George Gorrie, Q.C. Picketing, Ontario 27 Queen Street East Suite 1100 Toronto, Ontario M5C 2M6 Total 10173 (12/84) Transfer/Deed of Land A Form 1 -- Land R~IMm~ R~o~ Ack 1~ (1) .~ ~ L~ T~ ~ ~2) Page 1 of 3 pages (3) Pr~ Bilk Prope~ · wo ~. 00 (5) De~Hpl~n This is a: Pro~y Pro~y Division Pa~t o~ ~ot 33, Co~cess[on [, des~;~ated as Part 4, Plan 40R-11804 ~ ~moe~ ~Oentifiem · ow~ o~ ~[c~e~n~ Additional: Regional Municipality of Durham Con. Ins Plan/Sketch ~ ~ D~rimion ~ Pa~ies ~ Other ~ ~aseme~t > , Name s Signature(s) , , A~ITSCH, Herbert 1988 ':12 : AGNITSCH, Christine 1988 [12 : >(9) ' (10) Tanlfm~) A~rea forSe~e C/O T, Geo~se GoT~e, ~? ~uee~ Street ~es~, THE CO,POtAtION OF TH~ [988 Bruce Taylor, Clerk on or be{ore August 31, 1988 - 1710 Kingston Road, Picketing, Ontario ~1 Na~ and ~ V ~ M 0 ~[ ~ ~ [ tr~r d~ not contravene ~fion 49 of the Planning A~ 1~, I act ind~ndently of the ~lici[or for the tran~eror(s) and I am an On. rio ~ ~ N~e and Date of Signature iD (1~) ~t R~I N~r ~ C~, ¢ Mun. i Map i Sub. J Par. J' ~ ~18 [ 01] 030~ 020[ 20000[ [part] Picketing, Ontario 27 ~ueen Street East Suite 1100 - ' Toronto, Ontario MSC 2M6 e Schedule S FonnS--~JmdRe~ktf~nRefon~A~l,~4 2 of 3 ~ AdGlSon/I pro~elly Identll~ef(*) .nd/or Olher Inform~tk~n 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 storm drainage works, together with any 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 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 Transfergr 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. 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 and main- taining storm drainage works. o, Transfer/Deed of Land Form 1 -- Land Regtstmtlrm Reform Act, 1984 (1) Registry [] LandTItlee [] T(2) Page 1 of 3 pages (3) Properly Block Property Idantlffer(s) Addit~nal: Schedule (4) Consideration Two 2.00 Dollars $ (5) Oaecltptton This is a: Property Property Division [] Consolidation [] Part of Lot 33, Concession 1, designated as Part 6, Plan 40R-11804 New Property Identifiers Additional: See Schedule Execution. Town of Pickering Additionak Regional Municipality of Durham See Schedule [] (6) Th~ {a) Redescription (b) Schedule for: ~ (7) Internal/Estate Trer~fe~ I)o~umant New Easement ~ Additional [ Fee Simple Contains Plan/Sketch [] ; Description [] Parties [] Other [] Easement (8) Transferor(s) The transferor~hereby transfer the ~and to the transferee and certifies that the transferor is at least eighteen years old and that we are spouses o~ one another Date of Signature ............................................................................... ¥ M D Na ITSCH, Herbert Signature(s) 11988 AGNITSCH, Christine {1988 {12 : >(9) Spouse(s) of Transferor(s) I hereby consent to this transaction Date of Signature Name(s) Signature{s) ¥ M D (10) Tren~feror(a) Addre~ forServlce CIO T. George Oorrie, 27 Queen Street East, Suite 1100, Toronto, Ont. MSC 2M6 Transferee(~) Date of Birth THE CORPORATION OF THE 1,1988 112 TOWN OF PICKERING Wayne Arthurs, Mayor 1988 [12 Bruce Taylor, Clerk (12! ?~..~l}addmse on or before August 31, 1988 - 1710 Kingston Road, Picketing, Ontario - One The Esplanade, Picketing, Ontario Signature. ~ .I J . . . i Signature ........................... Solicitor for Transferor(a) I have explained the effect of section 49 of the Planning Act, 1983 to the transferor and I have made inquirise of the transferor and belief, this transfer does not contrave~ t~at section. I am an Ontario solicitor in good standing. Date of Signature Name and [ Y ,' M [ D Solicitor Signature, ' ' .= · (14) ~341~ltor for Trna) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records 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 and belief this solicitor in good standir'O. Solicitor Signature ........................... , ............ [15) A~eeemanlRo//INunlber ~,cty. !Mun.i Map i Sub. } Par. ~ ~l~ F ~:lTex ~,( : , , I Registration Fee .is) uunicl~ A~ ~ pms)e~ fl?) Oocum~t p~)aved Picketing, Ontario 27 Queen Street East Suite 1100 .... Toronto, Ontario MSC 2M6 T~al Schedule S ..... Fontt 5 -- Land Registration Reform Act, 1984 Page '7 of 3 ~d~ltlon,a property Identtfler~a) and/or Other INTEREST/ESTATE TRANSFERRED 1. The Transferor hereby transfers to the Transferee, its successors and assigns, the free, uninterrupted and unobstructed right and easement to enter upon and across the lands herein described, together with its and their servants, agents and workmen, and all necessary equipment, machinery and vehicles at all times and to pass and repass thereon for the purpose of ingress and egress between Altona Road and Part 4, Plan 40R-11804. 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 equipment, machinery or vehicles on the lands provided the Transferee 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 Transferee covenants that it shall relinquish its rights hereunder to the Transferor within 90 days following the acquisition by the Transferee of any other lands, or an interest therein, sufficient to provide ingress and egress between any public road and Part 4, Plan 40R-11804. 6. The burden of this Transfer and of all the covenants contained herein shall run with the lands herein descrlbed. 7. 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) 8. 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 and maintaining storm drainage works. < iiiii ~mTa Transfer/Deed6f Land A " Fom~ 1 -- La~d Regl~m~ Reign ~L I~ (1) Rlgilt~ ~ ~nd TltlII 2) Pa~ 1 of (3) Rm~dy Bilk Pro~y (4) Con,ideation {5) De~hptlon This is a: Pro,dy Pro~y Owi~on ~ Con~ii~fioa ~ Part of Lot 33, Concession 1, (originally Township of Picketing, :NewPro~ldentifiera County of Ontario), a~it~,m: now designated as Part 4 on Ref Plan s~ sc~,~o~ ~ Number 40R-11904, in the Town of Pickering ~'~ Regional Municipality of Durham S~ (~) ~ (I) R~ription ~ (b) Schedule for: I (7) In~l~te T~ we are ~p.~ses o~ one ano.ther ......................................... ~te of S~ture ... .......................... .,_.. ~ , ~ T~o~I) I ~y con~nt to this tranmc~on Na~I) Sig~ture(s) Y M O ~nl~l) yDate of Bi~h TO~ OF PIC[~RI~ ~ayor 989 , Clerk 1989 (1~) ~n.~) lo~se~ One The Esplanade, Picketing, Ontario P~nnlng ~t, 1~. D.~e ol Signature Oate of S~g~atu~e S~ I~ ~m~l ~) I ~ve explain~ t~ eff~t ~ ~tion 49 of the Planning Act. 1~ to the ira nsferor and I ~ve ~e in~utri~ of t~ transferor g~ Date Signature NI~ ~d t Y , M ( D Addr~ ~ Signature .... ~ ~ .~, .~ I bl~ t~ tithe to tnls land ~ to ,bu~ing lind w~m re~lnt Ind I am ~li~ ~t t~ titHe r~ordi (14~ ~r ~1 ~ ~tri~tt~ II ~ ~t i~ lu~llu~ 4g (21a) (C) (it) of the Planning Act 1~ I~ t~lt to the ~t of my kn~e end ~lief this I x N~ ~ Date of Signalum 1888 Altona Road BEVERLEY P. DOWLING P~ckering, Ontario Barrister & Solicitor 106-92 Church Street S. Ajax, Ontrio N ~k LIS 6B4 Schedule Font 5 -- Land RegblmSan Re,omi Act, INTEREST/ESTATE TRANSFEP, P, ED 1. The Transferor hereby transfers to the Transferee the free, uninterrupted and unobstructed right and easement to construct, operate and maintsin such storm drainage works, together with any 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 servants, a~ents and workmen, with all necessary equipment, machinery an~ vehicles to enter upon the lands at all ~tmes and to pass and repass thereon for replacing (including replacement with storm drainage works of larger size and capacity) and matnt~ntng the storm drainage works or any part thereof or appurtenances thereto to be constructed, reconstructed, examined, repaired, renewed, replaced or maintained situate on ~he lands. 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 w~tten consent of the Transferee. The Transferor hereby releases the Transferee Iro~ any claim which may aris~ out of the exercise by the Transferee of the right and easement gr~nted 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 t~e condition existing prior to any entry thereon to exercise the right hereby granted. 4. The Transferor covenants shat it shall ~xec~te such further assurances of the right and easement granted hereby as may b~ required by the Transferee. 5. The burden of this Transfer and of all the covenants conlained herein shall run with the lands her~tn described. This Transfer shall be .binding upon and shall enure to the benefit o{ the parties hereto and thzir respective successors and assigns. LAND BENEFITED (DOMINANT TENEYENT) 7. The benefit of this Transfer and ail 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 and main- taining storm drainage works, sod OIIb~t~ LJmJ~d:J April. 1985