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HomeMy WebLinkAboutBy-law 3329/89 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3329/89 Being a by-law to authorize the execution of Transfers from Sandbury Building (Pickering) Corporation to The Corporation of the Town of Picketing respecting storm sewer/emergency access easements over Part Lots 2, 3, 9, 10, 20, 21, 24 and 25, Plan 40M-1616, Picketing (Parts 2, 3, 6 and 7, Plan 40R-12594 and Parts 1-4, Plan 40R-12595). WHEREAS The Corporation of the Town of Pickering requires storm sewer and emergency access easements over Part Lots 2, 3, 9, 10, 20, 21, 24 and 25, Plan 40M-1616, Pickering (Parts 2, 3, 6 and 7, Plan 40R-12594 and Parts 1-4, Plan 40R-12595) and pursuant to the provisions of section 193 of the Municipal Act, R.S.O. 1980, chapter 302, a municipal council may pass by-laws for acquiring interest 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/Deed of Land, in the form attached hereto as Schedule A, from Sandbury Building (Pickering) Corporation to The Corporation of the Town of Picketing over Part Lots 20, 21, 24 and 25, Plan 40M-1616, Picketing (Parts 1-4, Plan 40R-12595). 2. The Mayor and Clerk are hereby authorized to execute a Transfer/Deed of Land, in the form attached hereto as Schedule B, from Sandbury Building (Picketing) Corporation to The Corporation of the Town of Picketing over Part Lots 2, 3, 9 and 10, Plan 40M-1616, Picketing (Parts 2, 3, 6 and 7, Plan 40R-12594). BY-LAW read a first, second and third time and finally passed this 4th day of December, 1989. Wayne Ar~hurf, Mayor --------~--- ,//Bruce Taylor¢~ Cl~rk THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3329/89 Being a by-law to authorize the execution of Transfers from Sandbury Building (Pickering) Corporation to The Corporation of the Town of Picketing respecting storm sewer/emergency access easements over Part Lots 2, 3, 9, 10, 20, 21, 24 and 25, Plan 40M-1616, Picketing (Parts 2, 3, 6 and 7, Plan 40R-12594 and Parts 1-4, Plan 40R-12595). WHEREAS The Corporation of the Town of Pickering requires storm sewer and emergency access easements over Part Lots 2, 3, 9, 10, 20, 21, 24 and 25, Plan 40M-1616, Picketing (Parts 2, 3, 6 and 7, Plan 40R-12594 and Parts 1-4, Plan 40R-12595) and pursuant to the provisions of section 193 of the Municipal Act, R.S.O. 1980, chapter 302, a municipal council may pass by-laws for acquiring interest in lands; NOW THEREFORE, the Council of The Corporation of the Town of Pickerlng HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Transfer/Deed of Land, in the form attached hereto as Schedule A, from Sandbury Building (Picketing) Corporation to The Corporation of the Town of Pickering over Part Lots 20, 21, 24 and 25, Plan 40M-1616, Picketing (Parts 1-4, Plan 40R-12595). 2. The Mayor and Clerk are hereby authorized to execute a Transfer/Deed of Land, in the form attached hereto as Schedule B, from Sandbury Building (Pickering) Corporation to The Corporation of the Town of Picketing over Part Lots 2, 3, 9 and 10, Plan 40M-1616, Picketing (Parts 2, 3, 6 and 7, Plan 40R-12594). BY-LAW read a first, second and third time and finally passed this 4th day of December, 1989. N/A Dotiars $ (Si Dleedptlon This is a: Property Property Division [] Consolio~tion [] Parc of Parcel. Section &OM-/~/~ being those Darts of Lots 20, 2]., 2/* and 25, New Property Identifie~rs P I a n ~OM-/~/~ A~it~n.l: desiEnaCed as Parts 1, 2, 3 and a, on Reference S~ To~n o~ Pickerins, Regional Hunicipalicy of Durham. Addtt k)nsl: Schedule (6) This (a) Redescription . (b) Schedule for: D~ment N~ ~ A~ffi~l , (.) Trans~) The trana~ h~ tm~f~ the land to t~ trlnsfe~~~~~~ Date of Sigr~tum Name(s) SIg~ltur~s) , John'~Endusky - Presiden~ ~ '''=''' '' / ...........................................I have au~ity .......... to b/nd . :' ~' the Cotpqr4giqn : i g) S~u~s) of Transfers) I ~y c~t to this tran~ction Oats ~ Signature Na~(s) S~tum(s) Y M (lO) Tr~.f~l)A~ C/o The Haxlon CotpotaC$on, forS~ Suite 501, 100 Allstate Parkway; Harkham~ OnCar/o~ L3R6X3 11) Transfe~l)O ............................. '. (12) Tr~MI) ~ forage 1710 Kingston Road~ Ptckerin~t Ontariot LIV 1C7 Pianni~ ~ 1~. Oate of Sig~tum Oa~ of Signature S~gn~ure ......................... : ............ ~ S~m ........................... ~ .............. to det~ine thlt this tra~f~ ~ ~t ~ntr~e t~at ~ion a~ ~ on ~ In~n ~1~ ~ t~ tmon, to t~ ~ ~ ~ Add~ of ~ ' Solicit~ ~lgnl~ ........................... ' ...... ~ ........ (14) ~ ~ T~I) I h~ inv~ti~t~ t~ title to ~ M~ s~ ~ ~ ~ ~ ~N ~ I ~ ~ t~t ~ title N~e ~ DI~ of S~natum A~ ~ Y M D Soliclt~ Sig~um .......................... " ........... ~ P~ : ~ ~ ~ MULTIPLE ~ d ~ (17) D~ P~ ~ I~IB TORONTO ~ ~ 2of 3 INTK~ST/ESTATE ~SFE~D 1. The Transferor hereby ~ransfer$ to the Transferee the free, uninterrupted and unobstructed right and easement to construct, operaee and maintain such storm drainage works, together wt~h any appurtenances thereto as may be required from time to time tn, under and across the lands herein described, together with a rtghe of th~ Transferee, tes successors and assigns and its and their servants, agents and workmen, with all necessary equipment, machinery and vehicles to enter updn the lands at ail eimes and to pass and repass thereon for replacing (including replacemene with storm drainage works of larger siz~ and capacity) and maintaining the storm drainage works or any part thereof or appurtenances thereto to be constructed, reconseructed, examined, repaired, renewed~ replaced or maintained situ~t~ on the lands. 2. The Transferor covenants that te shall hOC erect any building or structure nor place or remove any fill on or from any part of ehe lands without the express wrieeen consent of the Transferee. 3. The Transferor hereby releases the ~ransferee from any Claim which may arise out of the exercise by. rhe Transferee of the right and easement granted hereby, or which may arise out of th~ 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 condLtion existing prior co any entry thereon to ex~rc/se the right hereby granted. ~, The Transferor covenan[s that tt shall execut~ such fur<her assurances of uhe right and easement ~ranced h~r~by as may be required by ~h~ }. Th~ burden of Chis Transfer and o~ all ~he covenants ~on~a~ned h~retn shall run ~iCh the lands herein descr~bsd. 6. This Transfer shall be bindinI ~pon and shall ~nure co ~h~ blns[i~ o~ ch~ parries hereto.and ~heir resp~c~v~ successors and assigns. 7. The bensfi~ of ~his Transfer and all of Cbs covenants concain~d hsr~ln shall ~un ~i~h all ocher lands and inC~rsscs in 1anti o~d, occupisd or used by lhl Trans~eree~ ~s successors and assiSns {or ~h~ purpos~ of op~raC~n~ and mainCa~n~n~ s~orm draina~ ~orks. Part of Percel Section &OH-/~)1~ being those p.arte oE Lots 2, 3, 9 and New Progefly Idlntifl~4 Plan /~OH- J~ A~t~l: designated as Pa=cl 2~ 3, 7.and 6, on Re~erence To~n oE P~cke~Ln~ Re~ona~ HunLc~paL~ o~ Durham. Ex~ .............................................................................. Y M Name(s) $~gn~mre~ll T have authority co bind al) ~ T~I~I) I ~y C~nt tO ~il tran~ti~ Ol~ of Signature Naa(s) S~a) Y M lO) Trml~llA~ C/O The Haxion Corporation, ~aSw:~ Suite 501, IOO Allstate Markham Ontario L3R 6H3 [11) Tr~l~l) Dire of Y M 17~0 K~ soon Roa, P~cklg~ Oncl~o L1V IC7 (13) Tr~l) The transferor ~lf~ t~lt to the ~at of the tmn~fero(I k~w~ I~ ~, ~il ~lr ~ n~ ~tm~e ~l~ 49 ot the ~ig~um ................................ :... =...= S~ ........................... ' .............. ~ of S~netum Nm~ ~ ~ Y t M ~ o N~e ~ ~te of S~natu? SIg~m ................................ . ...... (1S) Amemment Rail Num~m' Map Sub. Pm'. F~ ~ T~ : : : ~ULTIPL~ Mu~ A~ ~ ~ (17) ~ P~ ~ ~ Tm~ T~ ~, ~, ~&~ 30 Sc. Clair Avenue Vest TORONTO, Ontario H~V 3AL T~ INTEREST/ESTATETRANSFERRED I. The Transferor hereby transfers to the Transferee the free, uninterrupted and unobstructed right and easement to construct, operate and maintain such emergency access route, 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 emergency access route or any part thereof or appurtenances thereto to be constructed, reconstructed, examined, repaired, renewed, replaced, maintained or removed 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 eaeement granted hereby, or which may arise out of the existence or operation of. the emergency access route, 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 chair respective successors and assigns. LAND BF..NEFITED (DONINANT TF..NEMF..NT) ; 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 a system of streets and roads within the Town of Picketing.