HomeMy WebLinkAboutBy-law 3109/89 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3109/89
Being a by-la~v to authorize the execution of
Transfers of storm sewer easements in Plan
40M-1500, to The Corporation of the Town of
Pickering over parts of Lots 3, 15-16, 22, 34,
39-40, 56-57, 62-63 and 73-74, Plan 40M-1500,
Picketing (Parts 2, 5-10, 14-15, Plan 40R-10870;
Parts 1-4, Plan 40R-12064).
WHEREAS The Corporation of the Town of Pickering requires storm sewer easements
over parts of Lots 3, 15-16, 22, 34, 39-40, 56-57, 62-63 and 73-74, Plan 40M-1500,
Picketing, for the purpose of draining storm water through Plan 40M-1500, 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
Wimbley Ridge Developments Ltd. to The Corporation of the Town of
Picketing over those parts of Lots 3, 15, 16, 22, 34, 39, 40, 73 and 74,
Plan 40M-1500, Pickering, designated as Parts 2, 5, 6, 7, 8, 9, 10, 14
and 15, Plan 40R-10870.
2. The Mayor and Clerk are hereby authorized to execute a Transfer of
storm sewer easement, in the form attached hereto as Schedule B, from
Wimbley Ridge Developments Ltd. to The Corporation of the Town of
Pickering, over those parts of Lots 56, 57, 62 and 63, Plan 40M-1500,
Picketing, designated as Parts 1, 2, 3 and 4, Plan 40R-12064.
3. By-Law 3021/89 is hereby repealed.
BY-LAW read a first, second and third time and finally passed this 17th day of April,
1989.
Wayne Arth~/s, Mayor
r TOWN oF-
~PlCKERING k
I APPROV[D
TIIE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3109[89
Being a by-law to authorize the execution of
Transfers of storm sewer easements in Plan
40M-1500, to The Corporation of the Town of
Pickering over parts of Lots 3, 15-16, 22, 34,
39-40, 56-57, 62-63 and 73-74, Plan 40M-1500,
Pickering (Parts 2, 5-10, 14-15, Plan 40R-10870;
Parts 1-4, Plan 40R-12064).
WHEREAS The Corporation of the Town of Pickering requires storm sewer easements
over parts of Lots 3, 15-16, 22, 34, 39-40, 56-57, 62-63 and 73-74, Plan 40M-1500,
Picketing, for the purpose of draining storm water through Plan 40M-1500, 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 Pickering 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
Wimbley Ridge Developments Ltd. to The Corporation of the Town of
Picketing over those parts of Lots 3, 15, 16, 22, 34, 39, 40, 73 and 74,
Plan 40M-1500, Pickering, designated as Parts 2, 5, 6, 7, 8, 9, 10, 14
and 15, Plan 40R-10870.
2. The Mayor and Clerk are hereby authorized to execute a Transfer of
storm sewer easement, in the form attached hereto as Schedule B, from
Wimbley Ridge Developments Ltd. to The Corporation of the Town of
Picketing, over those parts of Lots 56, 57, 62 and 63, Plan 40M-1500,
Pickering, designated as Parts l, 2, 3 and 4, Plan 40R-12064.
3. By-Law 3021/89 is hereby repealed.
BY-LAW read a first, second and third time and finally passed this 17th day of April,
1989.
Wayne Arth/u.r~s, Mayor
TOWN OF / ce 'rayl /Br~-~ --~7o~;, ~r~rk --
PICKERING
APPROVED
AS TO FORM
LEGAL D[~
o, Transfer/Deed of Land scH u,. ^
Form 1 -- Land R~gl~tm~m Reform ~ 1~4
Prol)erly
NIL Ootlar~ $
Town of Picketing, Regional Municipality of Durham,
being more particularly described in Schedule "A"
New Property Ide~tifiera attached hereto.
See
Eseeuflons
See
(6) TI~I~ t (a) Recleecription ' (b) Schedule for ~ [ (Y) 1114a~t/~.~lo~ 1'~
Decum~n New Easement i Adcl~lio~al I
i/, Date of S nst ,.
WIMBLEY RIDGE DEVELOPHENTS LTD. P,~,~:, ...... / ...... 1989
·
(g) SpOUSe(l) of Trlnlferer(l) I hare~y consent to this transection Date of Signature
Nameis) Signature(s) Y M D
10) Tmnlfecor(i) A~drese
ferSer~e 116 Viceroy Road, Bldg. D, Units I & 2, Concerd, O~Cario
THE CORPORATION OF TIIE TOWN OF PICKERING --,,
(12) TrlmsfeeN{S) Add. se
forscfvee 1710 Kingston Road, ?ickering, Ontario, LLV lC7
I Planning ACt, 19~3. Date of Signature Date ot Signature
l $olk~lor for Transferor(s) I have explained the effect of section 49 of t~e Planning Act, 1~83 to the transfmor and I have made inquirise of the transferor
~ to determine that this transfer does not contravene that section and based on the information supplie~ by the transferor, to the best of my knowle~lge
=~ and belief, this tmn~fer doe~ not contravene that section. I am an Ontario ~olicitor in good standing. Date of Signatu~
91 Name end
~ ~ Address of
~ Solicitor :)*gnature ........................... ' ...... ' ......
'~ I~-t reveal no contravention as set out in sul:x:lause 49 (21e) (c) (ii) of the Planmng AcL 19B3 and that t° the beat °f mY kn°wled~? and behef th.~s
~;=~Jl tran~lor does no~ coraraver~e ~ectior, 49 of the Ptanmng Act 1 g~3. I act in¢~Perldeotly ol the solicitor for tt**e tt~n~eror{$) and I em In O~r~o
'E [[J[I solicRor in good standing.
{ MULTIPLE
)(fa) Murat%ual Add~ a4 P~ 07) O~t P~ ~
MULTIPLE Bratty and Partner8
4950 Yonee Street, 20th Floor
North York, ~tario
M2N 6El
10173 {12/841
~j~0 ntlrioofProvinc' Schedule
Feet $ -- Lalld R~ RMelIIt AI~ 1~ S
p~. 2
SCHemE 'A'
In the To~ of PickerZns, in the ReSional Hunicipality of
Parcel 3 - 1, Section ~0H-1500 being Part of Lot 3 desisnatmd as Part 2 on 40R-10870
Parcel 15 - 1, Section 40H-1500 bein8 Part of Lot 15 desisnated as Part 5 on 40R-10870
Parcel 16 - 1, Section 40H-l~00 beinE Part of Lot 16 desiEnated as Part 6 on 40R-10870
Parcel 22 - 1, Section 40H-1500 bein8 Part of Lot 22 desiE~ced as Part 7 on 40R-10870
Parcel 34 - 1, Section 40H-1500 bein8 Part o~ LoC 34 desiEnated as Part 8 on 40R-10870
Parcel 39 - 1~ Section 40H-1500 bein~ Part of Lot 39 desi~ated as Part 9 on 40R-10870
Parcel ~0 - 1, Section 40H-1~00 be/nE Part of Lot 40 desiEnated as Part 10 on ~0R-10870
Parcel 73 - 1, Section 40H-1500 beinS Part of Lot 73 desiEnmtmd as Part 14 on 40R-10870
~TParcel 74 - 1, Section 40H-1500 beinE Part of Lot 74 desZS~tmd ms Part 15 on 40R-10870
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 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. 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.
)17~ (12/84)
Affidavit of Residence and of Value of the Consideration rx.-~
·" Pass
THE MA"~TER OF TJ-IE CON~EYAH~E QF ~~ ~
Part Lots~ 3~ ~ ~ 15~ lb, 22, 34, 39, O, 73, 7~, ~, ~ ~ ~; ylan
,~.~ ~3t ~-I0~ I~1~ o~ Pl~ ~imbley R~dge ~elopmen~s L~d.
The Corporation of the Tow~ Qf Pickering
C, M_ T~mn~hy Rh~ffield
~KE OATH ANO ~Y
Tha Cnrpnr~tinn nf the Tnwn of Pickerlng
THE TOTAL ~ON~IDE~ATION ~O~ T~I~ T~AN~CTION I~ ALLOCATED A~
(~l Monies p~id or lo be pe~ in cssh .......................... ~
(ii) Given back to vendor ............................... $
(g) VALUE OF LAND. BUILDING. FIXTURES AND GOODWILL SUBJECT TO
LAND TRANSFER TAX fToteloffa/toffll ........................ ~ ~[] $ nil
(i) Other consideration for trenton ~t includ~ in (g) or Ih) ebove ........................... ~
(il TOTAL CONSIDERATION $ nil
~0 re!~!o~h~ h~tw~n tr~n~f~rnr R~d trao~f~r~-
Tr~ne~r o~ storm ee~er easements Lo ~ municipality pursuant to Subdivision
A~reement reau~rement8.
,o~. ~,o~ ~.t t.~ Town of Picker~
~h~ Regional MPnjc~ality 9[~ham
.,c. C.M. Tlmot~ffield
:om~is~loner ~or
De.ribs oatureof instrument: Transfer/Deed of ~
(ii Address of OrDerly bei~ ~nvey~ (~)
(il) Assessmenl Roll No, (~
Mailing~dressgps} for future Noti~l of As~ent u~er the As~s~e~ ~l ~Dg~ty ~i~ ~ ~ ~
1710 Kingston Road~ Ptckerin~ untario
(i~ R~istration numb~ for l..t conv~e~e of pro,fy ~ing convey~ ~
(ii) L~al de~rlption of pro~rty conveyS: Se~ ~ in D.(t) above. Y~ ~ No ~ Not k~n ~
Name(~} end ~dress(es] of e~h transf~'l ~l~itor
C. M. Timothy Sheffield
Town ~licitor ~E~;~ZATION ~,
Town of Pickering c.~ ~-~v on~ No.
1710 Kingston Road
Pickering~ Ontario
LiV IC7
~on.,,o;:°v'nc'Transfer/Deed of Land SCHEDULE B A
FOWl~ 1 .-- cmo I~tm~o~ ~t~x~t ~ 1N4_
'
~IL
(S) ~dp~ ~is i~ l: P~ Pm~y
be~a~ mo~e pa¢~cuZa~7 described ~a ScheduZe '~'
N~ Pr~ Id~tifi~ at~ached hereto.
8) Thll (I) R~ript~n : (bi ~h~ule for: I
~C~ ~ Pa~kach ~ [ ~i~ ~ Pa~i~ ~ ~ ~ I ~S~NT ~ STO~ SE~ERS
-(8) Tm~m~s) The t~a~r~ ~y tm~fe~ t~e la~ to ~ transfe~ .............
...... ~ .~c~, ~E~O~S~S .~ ............ ~,~..
. Lorne Le~ ~denc
.............................................................., ~ ~,v, ~, ,,,ho ~ ';; '~i~'" ~ ...... ,~'"~'"
.............................................. ~ .C~rga=~e~n ................ ~ ...... ~ .....
(gl S~ul~l} of Tr~ll~o~l} I M~y c~Mnt to this tranMction Date of Signature
Name(s) S~tu~(s) Y M D
.............................................................................. [ ...... :, . . ~...
10) T~lf~l) A~
IorS~ [[6 V~ce~o7 ~oa~, SZd~. D. Oa~s [ & 2, Coaco~d~ ~a~o
11) Trensfe~l) Date ol Bi~h
(12) TraUMa) Add~
forS~ ]7[0 S~on Eoad, ~c~e~ Oa~a~o~
Na~ and
~al ~ ~tra~nfl~ as ~ oul in su~lau~ 49 (21a (c (ii) of
~licit~
S~e ........................................
(15) MR~NW [C~. :Mun,~ Map i Sub. ~ Par. ; FW~Tax
M P~ ~ ~,, ,, ,~ ~ ~ ~T[PLE R~tl~ F~
las J. Klaassen
~TIPLE Bratty and Partners
~950 Yonse S~reeC~ 20th Floor
~o~th York.,
H2N 6KI
SCHEDULE
In the To~n of Picketing, in the Regional Municipality of Durham, being:
Lot 56, Plan 40K-1500, being Part ~ on Plan 40R-12064
Lot 57, Plan 40M-1500, being Part 3 on Plan 40R-12064
Lot 62, Plan 40M-1500, being Part 2 on Plan 40R-12064
Lot 63~ Plan 40M-1500, being Part 1 on Plan 40R-12064
o, Schedule
FMm S -- Lmtd Rl~Minlll~ RMMm AM, 11e4
~ ,~lllmt~ Presmdy I~1 md/re' oe~* ll~wm~ll~m ·
INTEREST/ESTATE TRANSFERRED
1, The Transferor hereby transfers to the Transferee the free, uninterupted 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 drainaie works of larier 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 hereby, 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 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 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
maintaining storm drainage works.
Affidavit of Residence and of Value of the Consideration
Page 4 of 4
THE I~ATTEB OF TIlE CQhJ. VEX_ANCEOF
r'art Lots 5§, 5'1, ~Z ana 63~-'Pl~in 4'0M-1500, Picketing
(Parts 1-4, Plan 40R-12064)
"~t~ley~t~ge Developments Ltd.
The Corooration of the Town of Pickerin&
C._ M. Tirnnthy ~h~¢fi~ld
Th~ Cor.nnr~tinn of th~ Town of Picketing
Non~
(g) VALUE OF LAND, BUILDING. FIXTURES AND GOODWILL SUBJECT TO
LAND TRANSFER TAX (Totalof[aJro(f# ........................ $ nil $ nil w~.
(i) TOTAL CONSIDERATION .............................................. $ nil
~ransfer o~ storm sewer easements to a municipality pursuant to Subdivision Agreement
requirements.
worn ~fore me at the Town of Picketing
,the Regional Municipality of Durham
28th day o~ March, ~9 89.
taking A~fidavlts. etc. C.M. Timot~'~ffield
Property Information Record
Describe nature of ~nstr~ment: Transfer/Deed of Land
1710 Kingston Roadt Pickerin~ untario
(ii) Legal description of property conveyed: Same as in D.(i) above. Yes [] No [] Not known ~
C. M. Timothy Sheffield I%, L~I nql~'y 0.~
Town Solicitor REGISTRATION NO,
TOWn of Pickering I Lar~ R~gistry Office No.
1710 Kingston Road
Picketingt Ontario Registration Date
LIV IC7