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Home My WebLink AboutBy-law 3069/89 THE CORPORATION OF TttE TOWN OF PICKERING BY-LAW NO. 3069/89 Being a by-law to authorize the acquisition of a road widening at Fairport Road and Welrus Street (Part Lot 10, Plan 820; Part 3, Plan 40R-11504) and the execution of an Embankment Easement over Part Lot 10, Plan 820, Pickering (Parts 1 and 2, Plan 40R-11504) 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 the severance of Part Lot 10, Registrar's Compiled Plan 820, Pickering on July 4, 1988, subject to certain conditions (LD 435/88); NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: 1. The Town shall acquire from Bernard Burton for the sum of $2.00, by Transfer in the form attached hereto as Schedule A, that part of Lot 10, Registrar's Compiled Plan 820, Pickering, designated as Part 3, Plan 40R-11504, for the purpose of widening Fairport Road. 2. The Mayor and Clerk are hereby authorized to execute a Transfer of Embankment Easement, in the form attached hereto as Schedule B, between Bernard Burton and the Town respecting that part of Lot 10, Registrar's Compiled Plan 820, Picketing, designated as Parts 1 and 2, Plan 40R-11504. BY-LAW read a first, second and third time and finally passed this 20th day of March, 1989. ayne AFt'hursf Mayor . .,, I~uce Taylor/, ~qerk ToWN APPROV (t DYE & DURHAM CO LIMITED Schedule k ~o~m .o o, Transfer/Deed of Land Form I -- Land Registration Reform Act, 1984 (1) Registry [] Land Titles [] ]~2) Page 1 of 2 pages (3) Properly Block Property Identifier(s) Additional: see (4) Consideration Two 2.00 Dollars $ (5) Description This is a: Property Property Division [] Consolidation [] Part Lot 10, Registrar's Compiled Plan 820, being Part 3, Plan 40R-11504. New Properly Identifiers See Town of Picketing Additional: Regional Municipality of Durham (6) This (a) Redsecription (b) Schedule for: (7) Interest/Estate Transferred Documenl New Easement : Additional Fee Simple Contains Plan/Sketch [~ i Description [~ Parties [] Other [] (8)Transferor(s) The transferor hereby tra~sfprs the land to th~transferee and c~rtifies, that the transferor is at least eighteen years old and that the property transierrea nas never Dean occupied Dy me and my spouse as our ' 'matrimonial 'home; ......................................................................... Date of Signature ............................................................................... Y M D Name~0;)s Signature(s) , BURTON, Bernard 1989 03 >(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 forService 500 University Avenue, Suite 801, Toronto, Ontario M5G 1V7 ?(11) Transferee(s) Date of Birth THE CORPORATION OF THE TOWN OF PICKERING (12) Transferee(s) Address forServ~ce on and before September 1, 1989 - 1710 Kingston Road, Pickering L1V lC7 · after September l. 1989 - One The Esplanade. Pickerlnff. Ontario L1V 6K7. r (13) Transferor(s) The transferor venhes that to the best of the transferor's knowledge and belief, this transfer does not contravene section 49 of the' I Planning Act, 1983. Date of Signature Date of Signature Signature' .................................... 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 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 knowledge zi and belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature _0 Name and ! Y [ M ; D ~0 AddreSSSolicitor of S~gnature' ........................... ; [ ~- I (14) So#cltM for Transferee(s) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records ~: SE ~- reveal no contravention as set out in subclause 49 (21a) (c) (ii) of the Planning Act, 19~3 and that to the best of my knowledge and belief this cmI--® <; I transfer does not contravene section 49 of the Planning Act 1983 I act independently of the solicitor for the transferor(s) and I am an Ontario 'E ~ solicitor In good standmg ' ~' L~[ Name and Date of Signature ~;~1 Address of Y . U D = Sohc~tor [~ Signature .......................... ; ...... ; ........ (15) --men, Ro/, Number [ Cry Mun i Map Sub. ', ParMunicipalof ProparlYAddre. of Property :: 1~" 011010: 019 ": 21700 0000 (part) 1~11~' Fees and Tax >(16) I , i , Registration Fee (17) Document Prepared by: 1784 Fairport Road C.M. Timothy Sheffield [ ~ [Land Transfer Tax Picketing, Ontario Town Solicitor 1710 Kingston Road - Pickering, Ontario L1V lC7 ] .,Oil Total 10173 (72/84) DYE & DURHAM CO LIMITED Schedule B ~orr~No 97° o, Transfer/Deed of Land Form I -- Land Registration Reform Act, 1984 (1) Reglst~ [] Land Titles [] T(2) Page 1 of P pages (3) Properly Block Property Idemlfler(a) Additional: s~e (4) Consideration Two 2.00 Dollars $ (5) Description This is a: Property Property Division [] Consolidation [] Part Lot 10, Registrar~s Compiled Plan 820, being Parts 1 and 2, Plan 40R-11504. New Property Identifiers See Executions Town of Pickering Additional: Regional Municipality of Durham See (6) This (a) Redescription I (b) Schedule for: (7) Infereat/EatMe Transferred Document New Easement ' Additional Fee Simple , Description [] Parties [] Other [] Easement Contains Plan/Sketch [] {8) Transferor[s) The transferor h~treby tra~nst.ers the land to th~transferee and c~rtif~es, that the transfe~'or is at least eighteen years old and that the property transierreo nas never oeen OCCtlpleoDy me ano my spouse as our · 'matrimcrrlial 'home; ......................................................................... B TON, Bernard 03 (9) Spouse(s) of Transferor(s) I hereby consent to this transaction Date ot Signature Name(s) Signature(s) Y U D Transferor(s) Address I (10) for Service 500 University Avenue, Suite 801, Toronto, Ontario M5G 1V7 < 701) Transferee(s) Date of Birth Y M O THE CORPORATION OF THE ; TOWN OF PICKERING (12) Tra.afer~s)Addre~* on and before September 1, 1989 - 1710 Kingston Road, Pickering L1V 1C7 for Service ~. after September 1. 1989 - One The Esplanade. Picketing. Ontario LIV 6K7 ~' (13) Tranaferor(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 I 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 knowledge Z~ and belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature _O[ Name and ~ Y I M ; D Address of . ~.1[ E I (14) $o11¢1to~ for Tran~fem~a) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records < 1~ ~ ~.1 reveal no contravenbon as set out m subclause 49 (21a) (c) (,) of the Planning Act, 1983 and that to the best of my knowledge and behef th~s c ~'~ ~ transfer does not contravene section 49 of the Planning Act 1983. I act independently of the sol,citer for the transferor(s) andl am an Onta.o 'E ~ solicitor in good standing. ~- -~ Name and Date of Signature J~x~ ~ J Address of Y . M D ; :Mun,[ Map [ Sub Par. (15) A~sse~ment RO~I Number C , ~ Fees and Tax of Property ! 01;010 ;019 21700 i 0000 (part) ' : , i Registration Fee )(16) Municipal Address of Prope~y (17) Document Prepared by: 1784 Fairport Road C.M. Timothy Sheffield ~]kandTransferTax Picketing, Ontario Town Solicitor 1710 Kingston Road Pickering, Ontario ~F Total 10173 02/84) o,Pr°v'nce Schedule S Form 5 -- Land Registration Refomt Act, 1984 Page 'Additional Property Identifier(s) and/or Other Infon~atlon 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 road embankment 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 and maintaining the road embankment 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 road embankment works, provided the Transferee fills in all excavations and as far as is practicable restores the surface to the condition existing prior to any entry thereon to exercise the right hereby granted. 4. The Transferor covenants that it shall execute such further assurances of the right and easement granted hereby as may be required by the Transferee. 5. The burden of this Transfer and of all the covenants contained herein shall run with the lands herein described. 6. This Transfer shall be binding upon and shah 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 the lands and interests in land owned, occupied or used by the Transferee, its successors and assigns for the purpose of the public highway known as Welrus Street and being composed of that part of Lot 10, Registrar's Compiled Plan 820, designated as Part 4, Miscellaneous Plan 81, Town of Picketing, Regional Municipality of Durham. 10178 (12/84) M I N U T E S & D E.C I S I 0 N S DURHAM LAND DIVISION COMMITTEE AS per : The Planning Act %983 The Durham Act and in accordance with the Provincial Rules of Procedure CONSENT APPLICATION heard on : Mon, 04 Jul ]988 LD 435/88 Submission B 454/88 Owner ......... : Bernard Burton Location ...... : Pt. of Lot %0, RCP 820 Town of Picketing Municipality ..: Town of Picketing Consent to sever an 820 m2 strip of land to be added to the property to the south. Mr. Burton was present on behalf of this application. No further representation was present in favour or opposed to the application. The Committee had for information purposes reports received from the Regional Works and Planning Departments, the Town of Picketing Works and Planning Departments and the Ministry of Natural Resources. All the above written comments from the agencies were handed to Mr. Burton. DECISION OF THE COMMITTEE APPLICANT/OWNERS ARE RESPONSIBLE FOR FULFILLING ALL CONDITIONS. MOVED : K. Gadsden SECONDED : S. Vogl Blakelock That application LD 435/88 be approved as applied for, subject to: %/ That the applicant satisfy all the requirements of the Regional Municipality of Durham concerning the provision of Regional services, financially and otherwise. 2/ That the applicant satisfy the requirements of the Town of Pickering as per letter of June 22, %988.