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Home My WebLink AboutBy-law 3352/89 THE CORPORATION OF TIlE TOWN OF PICKERING BY-LAW NO.$352 /89 Being a by-law to authorize the execution of a Transfer of storm sewer easement from J.D.$. Investments Limited/J. Israeli (Brock) Limited to The Corporation of the Town of Picketing over Part Lots 1 to 6 and Part Blocks 7, 9 and 10, Plan 40M-1602, Picketing (Parts 1-9, Plan 40R-12534). WHEREAS, The Corporation of the Town of Pickering requires storm sewer easements over Part Lots 1 to 6 and Part Blocks 7, 9 and 10, Plan 40M-1602, Pickering (Parts 1-9, Plan 40R-12534) for the purpose of draining storm water through Plan 401q-]602, and pursuant to the provisions of section 193 of the Municipal Act, R.S.O. 1980, chapter 302, the Council of The Corporation o{ the Town of Picketing may pass by-laws for acquiring interests in lands; NOW THEREFORE, the Council of The Corporation of the Town of Picketing tlEREBY 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 J.D.S. Investments Limited/J. Israeli (Brock) Limited to The Corporation of the Town of Picketing over Part Lots 1 to 6 and Part Blocks 7, 9 and 10, Plan 40M-1602, Picketing (Parts 1-9, Plan 40R-12534). BY-LAW read a first, second and third time and finally passed this 18th day of December, 1989. Wayne Art:thurs, Mayor TOWN OF L E(;),I. D£P'[~: THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO.3352 789 Being a by-law to authorize the execution of a Transfer of storm sewer easement from J.D.S. Investments Limited/J. Israeli (Brock) Limited to The Corporation of the Town of Picketing over Part Lots l to 6 and Part Blocks 7, 9 and 10, Plan 40M-1602, Pickerlng (Parts 1-9, Plan 40R-12534). WHEREAS, The Corporation of the Town of Pickering requires storm sewer easements over Part Lots 1 to 6 and Part Blocks 7, 9 and 10~ Plan 40M-1602, Picketing (Parts 1-9, Plan 40R-12534) for the purpose of draining storm water through Plan 40M-1602, 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 Picketing 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 J.D.S. Investments Limited/J. Israeli (Brock) Limited to The Corporation of the Town of Picketing over Part Lots 1 to 6 and Part Blocks 7, 9 and 10, Plan 40M-1602, Picketing (Parts 1-9, Plan 40R-12534). BY-LAW read a first, second and third time and finally passed this 18th day of December, 1989. Wayne A-f:thurs, Mayor TOWN OF LEGAL DEP'T~: SCHEDULE A ~"~= ~ ~ O'onllriO Transfer/Deed ofLand A Fo~11 (,) ~ ~~~xxxxxxx~~x ~ Town of Pickering, Regional Municipality ~ ~ of Durham ~ Land Registry Office for ~he Land T~tle~ ~: Division of Durham (No. 40) ~ ~ See Schedule ~ ~ ~ . ~m~ ~ ~ ~ Transfer of Easement (~) T~e) T~ t~ ~ ~ ~ ~d to t~ ~ ~d ~iflm ~at ~ t~s~ror is at I~t ~gh~ y~ ~ ~ ~t O~te of Signature ~.~a) Signature(s) J.D.S. INVESTMENTS LIMITED J.D.S. INVESTMENTS LIM 1989:02104 Executive Officer the Corporation. Uo)~')~O--~ '~ Fi~ch Avenue West Suite 800 Downsview~ Ontario, M3J 2E7 (12) TW~) i / I ~l~ ~ 1~. Dam of SigMmm Date of Signature i~l~ NOT ASSIGNED ~ FRIED~N 30 St. Clair Avenue West - Suite 900 Toronto Ontario. M4V 3Al ~ . ~ ~rthur Shapero Schedule P'rovmcl Additional P,.d~s and Information (,4n~c~ ~o ~,w ~) p~e 2 or ~6 (I) A4~ TWl) The ~ Y M J. ISRAELI (BROCK) LIMIt9 02 06 Jack Israeli ' P'r~s£d~nC I havo aut:hortty to bt. nd the Corporat:ion. (~) A4dltlon~l Cl~t~nttng ~ -- ~p4Ul/(I) ~f TIlnlierl~l) I h~ con~ent to m~, tr~nsaction Nimt(I) $1gnlt uti(I) Dltl Y M 0 (10) a4~lltlmml Tnm.fer~l) Add~m fM (11) adda~ Omt~ a! ait~ ¥ ¢12) ~ T~) ~"~ Y M D Y M D INTEREST/ESTATE TRANSFERRED !. The Transferor hereby transfers to the Transferee the free, uninterrupted and unobstructed right and easement to construct, operate and maintatn 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 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 bulldtng 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 exerctse 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 wtth 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 asstgns. 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. Schedule From $ -- Land Regblm~n Refomt Act, 1~ C:T:~A~K ~AD~, th~ r;gl;t;r;d owner of Charg~ ~o~ 2)728l l/2, LT 230662, LT 312756, LT 312757, LT 3417g~ L~4, LT 395015, and LT 395018 consents and concurs In the~ Tr~sfer of Easement and hereby postpones and subordtn~ the said Charge Nos. LT 217281 1/2, LT 230662, LT 3)275~31275~ LT 3417g~ LT 37B764, LT 395015, and LT 3gSOl~l riptide or lnte~st tn the lands herein with t~t ~ ~sfer of Easement shall take ~xecu~nd ~g~te~d prior to the creatt~~d prior ~ the e~tion a~ l/~ LT 23066~ LT 312756, L. _.2!57. tl )4!79!. _T 378764, ~T 2950!5, a~d LT 395018. · DATE~-Toronto, this .... day of Feb~~ CITBANK ~NA~ ~I-have authority to bi n~t~ank. ~FFIN O~ELO~ENTS INC., the registered owner of Charge No. LT 408693 consents and concurs In the within Transfer of E~sement and hereby postpones and subordinates In the said Charge No. LT 408693 and all right, title or interest in the lands herein with the intent that this Transfer of Easement shall take effect as though executed ~nd registered prior to the creation of such right, title or interest and prior to the execution and registration of Charge No. LT 408693. DATED at North York, this ~'~day of February, 1989. OUFFIN DEVELOPMENTS INC. Name: Title: I h~ve authority to bind the Cor~r~tion. CXTXBANK CANADA, the registered owner of Charge Nos. LT 217281 1/2, LT 230662, LT 341791, LT 378764, LT 395015 and LT 395018 consents and concurs in the within Transfer of l&sement and hereby postgones and subordinates in the said Charge Nos. LT 217281 1/2, LT 230662, LT 341791, LT 378764, LT 395015 and LT 395018 and all right, title or interest in the lands herein with the intent that this Transfer of Easement shall take effect as though executed and registered prior to the creation of such right, title or interest and prior to the execution and registration of Charge Nos. LT 217281 1/2, LT 230662, LT 341791, LT 378764, LT 395015 and LT 395018. DATED at Toronto, this day of February, 1989. C XTL~ANE CANADA Name: Title: I have au~fl~'~y to bind the Bank No. LT 408693 consents and concurs ~n the ~$thtn T~ansfer Easement and hereby postpones and subordinates ~n the said No, LT 408693 and ali right, tttle or interest in the with the intent that this Transfer of rasem~nt shall as though executed and registered prior to the cTeattor such right. tttle or tnterest and prtor to the execution stratlon of Charge No. LT 408693. DATED at North York, this __ cW F~bruary, 1989. DUFFIN DEVr'IOPNENTS INC. Per: Name: Tttte: I have author$ty to bind the Box (5) Description Part of Lots 1, 2, 3, 4, 5 and 6 and part of Blocks 7, 2, 9 and 10, being part of Parcel Plan-l, Section 40M-1602, more, particularly described as Parts 1, 2, 3, 4, 5, 6, 7, 8 and 9 on Reference Plan 40R-~4 Town of Picketing, Regional Municipality of Durham 10178 Affidavit of Residence and of Value of the Consideration rA~.~.~ ,,~. t ~-~ ,N T,E ~rt Lots ~-~ & Part Blocks 7, 9 & 10, Plan 40M-1602, Picketing (Parts 1-8, Plan 40R-lZSB4) J.D.S. Investments Limited and J. Israeli (Brock) Limited The Corporation of the Town of Picketing C.M. Timothy Sheffield The Corporation of the Town of Pickering described ,n paragrapb~k:~X~l~, lc) above; ($tr,l~e out references to ma~p~icab~ paragral~e) None (9) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO LAND TRANSFER TAX (rotal of fa) to fl)) $ nil $ rli,~ Where nil No relationship, Transfer of storm sewer easements to a municip~alj~_ pursuant to Subdivision Agreement requirements. Sworn before me at the Town of Pickering m the Regional Municipality of Durham this 14th dayof November 19 89 sxgnature(s) A Commissioner for taking Affidavits, arc C, M. Timothy Sheffield Property Information Record A. Describe nature of instrument Transfer/Deed of Land 8 ri) Address of property being conveyed (if&vail&hie) N/A (ii) AsSessment Roll NO (ifavallalMe) N/A Mailing address{es) for future Notices of Assessment under the Assessment Act for property being conveyed fsee inatructl¢l 7~ One The Esplanade, Pickering~ Ontario. L1V 6K7 O Ii) Registration number for last conveyance of proper~y being conveyed (¢1 e~il~) N!A (ii) Legal description of property conveyed Same as in D.(i) above Y es ~-'1~ Noir[ Not known [~ -Z Name(s) and address(es) of each trar~sferee's Solicitor C.M. Timoth~ Sheffield For Land RflistrY Office use only Town Solicitor REGISTRATION NO Town of Picketing Land Registry Office No One The Esplanade Picketing. Ontario Reg~strat~or/ Date LiV 0K7