The URL can be used to link to this page

Home My WebLink AboutBy-law 3121/89 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3121/89 Being a by-law to authorize the execution of a Transfer of telecommunications facilities easement under Block 24, Plan 40M-1562, Picketing, from The Corporation of the Town of Pickering to Bell Canada. WHEREAS Bell Canada requires an underground telecommunications facilities easement under Block 24, Plan 40M-1562, Pickering, which Block is owned by The Corporation of the Town of Picketing; and WHEREAS pursuant to section 193 of the Municipal Act, R.S.O. 1980, chapter 302, the Council of the Town may pass by-laws for disposing of 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 a telecommunications facilities easement, in the form attached hereto as Schedule A from The Corporation of the Town of Picketing to Bell Canada under Block 24, Plan 40M-1562, Picketing. BY-LAW read a first, second and third time and finally passed this 1st day of May, 1989. Wayne Ar/~rs,"]Vla~ror ~/ Br~lce Taylor/, QFerk -Tawu or PICKERING A PROVED THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3121/89 Being a by-law to authorize the execution of a Transfer of telecommunications facilities easement under Block 24, Plan 40M-1562, Picketing, from The Corporation of the Town of Picketing to Bell Canada. WHEREAS Bell Canada requires an underground telecommunications facilities easement under Block 24, Plan 40M-1562, Picketing, which Block is owned by The Corporation of the Town of Picketing; and WHEREAS pursuant to section 193 of the Municipal Act, R.S.O. 1980, chapter 302, the Council of the Town may pass by-laws for disposing of 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 a telecommunications facilities easement, in the form attached hereto as Schedule A from The Corporation of the Town of Pickering to Bell Canada under Block 24, Plan 40M-1562, Pickering. BY-LAW read a first, second and third time and finally passed this 1st day of May, 1989. r~ur s, ~ayor - ~ ~Br~lce Taylor~, ~t~r~ TOWN OF PlCKERtNG A~PROVE{~ LEGAL DF. PT. o, Transfer/Deed of Land BC 968186 or) A Form 1 -- L~nd Registration Reform Act, 1984 (1) Reg~t~ [] L~dTIU~ ~ ~} Page 1 of 4 pages (3) Pr~ Bilk Prope~y (4) Cofllldwlt~fl NON[HAL - ~O ............. Doltars$ ~ . 00 '~5) De.rip/loft T~s is a Pro.dy D~v~s~on ~ ConsohOabon ~ Pa=ce1 24-i, Section 40H-1562 being Block 24, Plan 40H-1562 New Prope~ Identd*ers ~OW~ O~ Picke=in9 · 0~,~,o~.~ Regional Municipality of Durham (No 40) ~x~ut~ns SUBJECT to an easement in favour of The Regional Municipality of Durham over Block 24. ~,,,~..~ as in LT419920 (~) 7hla (a) R~cr~phon (D) Schedule for' (7) lntem~E~late Transfe~ Co.~i.s Plan/Sketch XTM De~riptio~ ~ Pa.,es ~ Other ~ Easement ..... TO~N ~ .PlCKERIRG. : < Name(s) S,gnature(s) v M O forsake 1710 KINGSTON ROAD. PICKEEING. ONTARIO, L1V 1C7 ~('1 ~) Tranlfere~s) Da~e of BELL CANADA ~orS~ 76 ADE~AZDg S?R~E? N~S?, ?ORON~O, ON~AR[O, HSH ' ' ~ Signa ure ......................... : ...... Addr~ of ~ : Solicitor Signature ....................... ........... 1S) ~tR~Num~ofpr~ ~C~ ;Mun~ MI~ ' Sub PI~ ~}~ Fee~ NOT AVA I LABLE STE INBE RG & WALDMAN "~lJ Land Transfer Tax 76~6 YO~G~ 8~REE~ 881-3116 ' . .... m ~ Province Bell S o, Schedule BC 96~1 (~6 01) Form 5 -- Lind RegleUltlon Reform Act, 19~ ~ Addll~81 Pro~ I~ntllle~l) an~or Ot~r Inf~mallon "WHEREAS the Transferee is the owner in fee simple of those lands and premises (hereinafter called the Transferee's lands) being composed of Parts of Town Lots 5 and 6 on the North side of Adelaide Street West according to the Plan of the Town of York and designated as Parts 1 and 2, Plan 63R-545, City of Toronto, Municipality of Metropolitan Toronto." THE TRANSFEROR grants and transfers to the Transferee, its successors and assigns to be used and enjoyed as appurtenant to the Transferee's lands, a free and unencumbered easement in perpetuity ~41~a~;<ex~k~ under :aa~ln~cxas~ thc Transferor's lands to construct, operate, maintain, repair, replace, renew and make additions to telecommunication facilities or any part thereof including all necessary cables and wires, X00~ buried ~Fn~x'~r .l~ conduits, conduit structures, markers, poles, anchors, guys, manholes, fixtures and equipment and all appurtenances thereto for use as required in the business carried on by the Transferee; together with the right of access to the Transferee, its contractors, servants, agents and employees, vehicles, equipment and supplies over the Transferor's lands, at all times for the purpose of exercising thc rights hereby granted; together with the right to the Transferee to remove by any necessary means any boulders or rocks which may be encountered in constructing telecommunication facilities and to sever, fell, remove, prevent or control the growth of any roots, trees, stumps, brush or other vegetation now or from time to time hereafter growing in, on or under the Transferor's lands. References herein to "Transferor's lands" shall mean those lands described in the transfer of easement to which these provisions are attached as a Schedule. THE TRANSFEROR shall have the right to fully use and enjoy the Transferor's lands except as may be necessary for any of the purposes hereby granted to the Transferee provided that without the prior written consent of the Transferee, the Transferor shall not excavate, drill, install, erect or permit to be excavated, drilled, installed or erected ~tl~!~x~x~;~i[,xunder ~tm:tmtm(ia the Transferor's lands any pit, well, foundation, pavement, building or other structure or installation. THE TRANSFEREE shall as soon as reasonably practicable after the construction, rel~air, replacement, renewal or addition of the said telecommunication facilities remove all debris caused by it and in ail respect restore the lands to their former state so far as is practical and the Transferee shall make to the Transferor due compensation for any physical damages resulting from the exercise of any of the rights herein granted provided such damages are not the result of the Transferor's act or omission. Any gates, fences and tile drains interfered with by the Transferee shall be restored by the Transferee at its expense as closely as reasonably practicable to the condition in which they existed immediately prior to such interference by the Transferee. The Transferee further agrees to pay due compensation for damages to any crops of the Transferor damaged through exercise by the Transferee of any rights hereby granted. SHOULD the Transferor in the future wish to install a private tile drainage system on the Transferor's lands for the purpose of improving the agriculture productivity of same and where such installation would cross through the said easement, the Transferee shall at its own expense and where such installation requires it, physically expose and raise or lower its telecommunications facilities within the easement to the extent necessary to accomplish such installation. THE TRANSFEREE shall at all times have the right to renew or replace or add to its telecommunications facilities upon paying to the Transferor fifty per cent (50%) in the case of burying extra cable(s) and one hundred per cent (100°/0) in the case of extra conduits, conduit structure or pole lines, of the current land market value for the area of land contained within the easement strip. The current land market value of such property as aforesaid si/all be taken as of the date of commencement of the new installation. No payment will be made in the case of additional cables installed in existing conduit, conduit structure, or upon existing pole lines. THE TRANSFEREE shall be permitted to attach the wires, cables and equipment and to permit the attachment of the wires, cables and equipment of any other company or commission for the purposes of supplying a service. THE TRANSFEROR and Transferee agree that it is the intention of the Transferor to concrete the walkway, to the same standard as a typical municipal sidewalk. "'°"":' Bell o, Schedule Form S -- Lind Reglllr~tloft Refon~ Act, 1984 ~ddltlonl! Property Id~ntlflen(i) ind/or Olher Info~tlllon NOTWITHSTANDING any rule of law or equity and even though any of thc Trans£ercc's telecommunication facilities and appurtcnanccs may become annexed or at't'ixcd to thc realty, title thereto shall nevertheless remain in the Transferee. THIS AGREEMENT including all rights, privileges and benefits herein contained shall extend to, be binding upon, and enure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. ~'~ho~ '" AND THE Mortgagee Number , in consideration in' Mortgage/Charge ~ of- One Dollar - ($1.00) the receipt whereof is hereby acknowledged, joins herein for the purpose of consentin~h~4~o and agrees to the easement and right-of-way hereby granted and convenants that the Transferee shall h~session of the rights, privileges and easements hereby granted. THE MOR~Mortgagee is at least eighteen years old and that Per Mortgagee (name) ~Dat. e~ f Signature Per __ ., :. .. ~ ...... ,..~,,,........,. . _ _. . lhe lown o~ ?id<ering LEGAL DEPARTMENT Valerian Investments Inc. (Phase 2) Plan 40M-1562 Bell Canada ~sement, Bl~k 24