The URL can be used to link to this page

Home My WebLink AboutBy-law 3043/89 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO.3043 /89 Being a by-law to authorize the execution of a Transfer of Storm Sewer Easement from Silwell Developments Limited and Berma Estates Limited to The Corporation of the Town of Picketing over Part Lot 10, Plan 40M-1499, Picketing (Part 1, Plan 40R-10872). WHEREAS, The Corporation of the Town of Picketing requires a storm sewer easement over that part of Lot 10, Plan 40M-1499, Picketing, designated as Part 1, Plan 40R-108?Z, for the purpose of draining storm water through Plan 40M-1499, and pursuant to the provisions of section 193 of the Municipal Act, R.S.O. 1980, chapter 302, the Council of The Corporation of the Town of Picketing may pass by-laws for acquiring interests in lands; NOW THEREFORE, the Council of the Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Transfer of storm sewer easement, in the form attached hereto as Schedule A, from Silwell Developments Limited and Berma Estates Limited to The Corporation of the Town of Picketing over that part of Lot 10, Plan 40M-1499, Pickering, designated as Part 1, Plan ~.0R-10872. BY-LAW read a first, second and third time and finally passed this 20th day of February, 1989. Btu e T lot THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO.3043 /89 Being a by-law to authorize the execution of a Transfer of Storm Sewer Easement from Silwell Developments Limited and Berma Estates Limited to The Corporation of the Town of Picketing over Part Lot 10, Plan 40M-1499, Picketing (Part 1, Plan 40R-10872). WHEREAS, The Corporation of the Town of Picketing requires a storm sewer easement over that part of Lot 10, Plan 40M-1499, Picketing, designated as Part 1, Plan 40R-10872, for the purpose of draining storm water through Plan 40M-1499, and pursuant to the provisions of section 193 of the Municipal Act, R.S.O. 1980, chapter 302, the Council of The Corporation of the Town of Picketing may pass by-laws for acquiring interests in lands; NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Transfer of storm sewer easement~ in the form attached hereto as Schedule A~ from Silwell Developments Limited and Berma Estates Limited to The Corporation of the Town of Picketing over that part of Lot 10, Plan 40M-1499, Pickering, designated as Part 1, Plan 40R-10872. BY-LAW read a first, second and third time and finally passed this 20th day of February, 1989. TOWN OF PlCKERING APPROVED LEGAL D El~. o, Transfer ced of Land Division [] Consolidation CJ Part of Parcel Plan l, Section 40M-1499 in tile Town of Picketing, in the Regional ~gwP~op~Hyldel~ti(ie~ Municipality of Durham, being part of Lot 10, ^ddlllon~l: Registered Plan 40M-1499 designated as Part Sch.dul~ L_ 3, Reference Plan hOR-1087~. ~ec..o., Subject to an easement in favour of The Regional ~,,dmo,,~: Municipality of Durham registered as Instrument Co.l.l,,. Plu,,/Sk elch ~] ~ easement SILWELI~ I)EV}:I,OI'tIENTS I,[HITED Per: ~/~ }1989. }O1 .......................... . ...................... Bec fde ~ ............ ............................................ Corpo~aciou) .................... { ...... i ...... (as to n. undivided 2OZ interest) (I, have aq~tqr~'~bi~d the Corporal ion) Name(s) Slgnatu,e(s) 3) Trn.sferor(~lAdd~es~ ,'4950 Yonge Street, Suite 910 lu~Se, lc. North York, Ontario H2N 6K1 Wayne Arthurs, Mayor PICKERINC ~1989 O1 )Trnnslereel~)A~dre,s 1710 Kingston Road Pick~;~ng, On~a~io L1V 1C7 Name nnd Dale o{ Slgnnlure S{gnalu~e ....................................... ; j .. { Not AssiRned J~llneglslrallonF. { , ~unlclp.l Address ol Prol)cHy ({~) D~.menl ProDmed by: '~'~ ~ (IRWIN COOPER' I~JJCandTronsler Not Assigned STRAUSS, COOPER [ [{~,~ Barristers & Solicitors I.iIP -- 367 Bay Street, Suite 800 10 Toronto, Ontario HSH 2R8 ~,l~l{' ~ Schedule j '"' Form S -- Land Reglatrallon Reform Act, 1984 Page Prope~y Idenliller{s) and/or Other Inrormallo"~"'-'~ -- ' ~"i~TEREST / ESTATE TRANSFERRED , 1. The Transferor hereby transfers to the Transferee the free, uninterrupted and unobstructed right and easement to construct, operate and matntaln 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 he constructed, reconstructed, examlned, repaired, renewed, replaced or maintained situate on the lands. 2. The Transferor covenants that it shall not erect any bufldlng 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 ti~e 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 assurance~ 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 ti~e Transferee, its successors and assigns for the purpose of operating and main- taining storm drainage works. Affidavit of Residence and of Value of the Consideration Refer to all instructions on reverse Page 3 of 3 iN THE MATTER OF THE CONVEYANCE OF P~r~ l.n~r 1~ Plan /'~M-14qq: Pickerin~ (Part ~, pl~. Rq 1 ~11 Devml n,nm~n~S..L~ m~ tmd and Berma Estates Limited The Corporation of the Town of Pickering C. M. Timothy Sheffield MAKE OATH AND SAY THAT: [] (c) A transferee named in the above.described conveyance: The Corporation of the Town x~f~erin[ None _ (ii) Given back to vendor $ nJJ (g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO LAND TRANSFER TAX /Totalot la) to If)) .......... $ ~-(~ (ii TOTAL CONSIDERATION $ No relation.~hip between transfernr and tran.qfP, ree. Transfer of storm sewer easement to a mun~ality pursuant to Subdivision Agreement requirements. Sworn before me et the Town of Picketing m~he Regional Municipality of Durham this 20th day of January, ~9 89 Commls,ioner for tekinq Affidavits, etc, Co M. Timothy Sheffield, Property Information Record oa~c,~t~ ~,,~ of i~s~m~e~ Transfer/Deed of Land n/a 1710 Kingston Road, Picketing, Ontario LIV (ii) L~el de~riotion of orooerty conveyS: Same as in O.(i) above Yes C. M. Timothy Sheffield ~r Land R~I~ Offl~ u~ only Town Solicitor REGISTRATION NO TOW~ Of Picketing Land R~ist~y Office No. 1710 Kingston Road Pickering, Ontario LIV 1C7 ';i ""'"'=" 34 '' J, I ~-' '~. '~ I I'= ~ 46 -- ~ 49 The Town of Pickering LEGAL DEPARTMENT Silwell/Berma - Storm Sewer Easement - Part Lot 10, Plan 40M-1499, Pickering