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Home My WebLink AboutBy-law 3078/89 THE CORPORATION OF THE TOWN OF PICKERiNG BY-LAW NO. 3078 /89 Being a by-law to authorize the execution of a Transfer of easement, for sanitary sewer pur- poses, from The Corporation of the Town of Pickering to The Regional Municipality of Durham over that part of Block M, Plan M-1057, Picker- lng, designated as Part 1, Plan 40R-11255. WHEREAS, The Corporation of the Town of Pickering is the owner of Part Block M, Plan M-1057, Picketing, and pursuant to the provisions of section 193(1) of the Municipal Act, R.S.O. 1980, chapter 302, the Council of the Corporation may pass by-laws for disposing of 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 easement for sanitary sewer purposes in the form attached hereto as Schedule A, from The Corporation of the Town of Picketing and The Regional Municipality of Durham respecting that part of Block M, Plan M-1057, Picketing, designated as Part 1, Plan 40R-11Z§5. BY-LAW read a first, second and third time and finally passed this 20th day of March, 1989. Wayne A~ffhurs, Mayor Brfice Taylorf ~'~er~ TOWN OF PtcKERINGJ APPROVED LEGAL DEPT;,'J" .... °'o.,..oP'°*n" Transfer/Deed of Land Form I -- L~nd Reg4slmlloa RMMm Ack 1~,1 (4) ~ Dotla~ S of ~rh~, designat~ as Part 1, N~ Pm~ Identifiem Pi~ 40R-11255, being Part of Parcel s~ Secti~ M-1057, Picketing See This (a) RedescrlpUon (b) Schedule tot: [ (7) Intel~lt/Esille Trlalfln~d Document New Ea~nt A~iti~I I F~ Simp~o ~ ~a~{~a~' easement Date of Signature ............................................................................... Y M D Name(s) Signature(s) .... .~g...~~.O.F..T~....'~...0.F.~T~T~...p.e.r~ ............................. ~, ...... ~... {.. ................................................ ync ................................................ ~ ~'~ ~ i~ ~} '~l'e') ~" >(9} S~u~*) ot Trak*leroUx) I her~y con~nt lo this tran~ction Date O~ Signature ...... ilia ..................................................................... ~ ......: ..... ~1o) T,~,~,)A~,~710 Kingston Road, Picketing, ~tario L1V 1C7 ~(1~) Tr.n~feree(~) Date of 8i~h ~ ~I~ ~CIP~I~ OF ~ Per: . Y ~ ; o Per: ~ : ' . C,W,. ~dy.. Clerk (13)T'~'i~')adem~05 Rossl~d Road East, ~[tby, ~tario L1N 6~ OJ ~it~ ~gnaTure .......................... : .............. I~J~J r~al ~ ~lra~tl~ ~ ~t out in su~u~ 49 (21a) (c) (ii) of t~ P~nnl~ ~t, 1~ a~ that Io/he ~ ~ my kn~l~ ~ ~mf thls ~J~ ~J trans~ ~ ~ c~lr~ ~tl~ 49 of 1~ P~n~l~ A~ 1~. I ~t I~n~tly of ~ ~l~tor for t~ ~sf~(I) a~ I em a~ On.do I~ll S~icit~ . , 8~ .......................... ~ ...... ~ ....... (le) Mull ~ of P~ (171 DW P~ ~ Not available 605 ~ssl~d Road E. ~[tby, ~tario L~ 6~ ,= ,, A~-68-88/a 1~ T~ The Transferors hereby transfer to the Transferee, its successors and assigns, the free, t~interrupted and unobstructed right and easement to construct, operate and maintain such sanitary sewer or sewers together with any and all appurtenances thereto as may be require~ from time to time in, across, under and through the lands more particularly described in Box 5 hereof. TOGETMEB with the right of the Transferee. its successors and assigns and its and their servants, agents, contractors and workmen with all necessary materials, equipment, machinery and vehicles to enter upon the said lands at all times and to pass and repass thereon for the purposes of installing, constructing, reconstructing, ex~ining, altering, repairing, renewing or replacing (including replac~mant with sanitary sewer or sewers of larger size or capacity) and maintaining the said sanitary sewer or sewers or any part thereof whether or not any part to be so constructed, installed, repaired, renewed, altered, replaced or maintained is situate on the land described 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, it successors and assigns for its and their sole and only use forever. AND the Transferor covenants that it will not erect any buildings or structure, place or r~move 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 and accept the consideration mentioned herein in full satisfaction of all such claims, provided the Transferee fills in all excavations and as far as is practicable, restores the surface to the condition existing prior to any entry thereon to exercise the rights hereby granted. AND the Transferor covenants with the Transferee that it has the right to convey the said rights and easements to the Transferee, notwithstandin~ any act of the Transferor. AND the Transferee shall have quiet possession of the said rights and eas~ents, free from all enc~brances, save as hereinafter mentioned. AND the Transferor covenants with the said Transferee that it will execute such further assurances of the said rights and eas~ents as may be requisite. Affidavit of Residence and of Value of the Consideration Refer to all instructions o~ reverse ~ida: IN T~ MATTER OF ~HE~ONVEYANCE ~art Bi~k M, ~lan M-i057, Pickerin~ ~ne ~orpora~]on of the Town of Pickerin~ ~gio~nic~y ~ Durham The Regional Municipality of Durham LAND TRANSFER TAX [Toralof(a} to No rela[ionshJA between transferor and ~rans~eree Transfer of easement for sanitar~ sewer purposes. A Commissioner for taking Affidavits, etc P~opeft¥ I~fofmatio~ Record A. Describe nature of instrument B. ti) Address of property being conveyed (ilavaAab~) D ti) Registration number for last conveyance of property being conveyed (/f aval~e) (ii) Legal description of property conveyed: Same as in D,(i) above Yes [] No [] Not known [] E. NameJs) and address(es) of each transferee's solicitor For Lan~ Rql~t~y Office u~e only REGISTRATION NO. Land Registry Office No. Registration Date \ 223 '" BLOCK N .... 222' ~ .. *r .,,: "' 221 BLOCK D 220 218 216 - ," '.- ~ ~. 214 ~ ,~ ~ NOTES 211 r~.~. ~,~ ?'.,.F" ' 208 ,178~ - J*c ~u[L,.~ 65m' 65~ 6t~ 65m ~m' 199 -" 138~ 137~ 136~ I~: 134~ / ~ 78 / h 77 BLOCK A 76 74 " '" '" The Town of Pickerin L[GAL DE?ARTMENT Pickering Transfer to Durham - Part Block M, Plan M-1057 - (Part 1, Plan 40R-11255) - Sanitary Sewer Easement