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Home My WebLink AboutBy-law 3568/90 THE CORPORATION OF THE TOWN OF PICKERING . 3568 Being a by-law to authorize the execution of a Transfer of storm sewer easements from Landlord Dixie North Ltd. to The Corporation of the Town of Pickering over those parts of Lots I1, 12, 18 and 19, Plan 40M-1644, Pickering, designated as Parts 3-6, Plan 40R-13225. WHEREAS The Corporation of the Town of Picketing requires storm sewer easements over parts of Lots 11, 12, 18 and 19, Plan 40M-1644, Picketing, for the purpose of draining storm water through Plan 40M-1644, Picketing, 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 Landford Dixie North Ltd. to The Corporation of the Town of Pickering over those parts of Lots 11, 12, 18 and 19, Plan 40M-1644, Picketing, designated as Pans 3-6, Plan 40R-13225. BY-LAW read a first, second and third time and finally passed this 15th day of October, 1990. TOWN CF ~,~-----'~ ~ PICKERING Brace Taylor, APPROVED AS TO LEGAL DEW THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO.3568 /90 Being a by-law to authorize the execution of a Transfer of storm sewer easements from Landford Dixie North Ltd. to The Corporation of the Town of Pickering over those parts of Lots 11, 12, 18 and 19, Plan 40M-1644, Pickering, designated as Parts 3-6, Plan 40R-13225. WHEREAS The Corporation of the Town of Pickering requires storm sewer easements over parts of Lots 11, 12, 18 and 19, Plan 40M-1644, Picketing, for the purpose of draining storm water through Plan 40M-1644, Picketing, 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 easemem, in the form attached hereto as Schedule A, from Landlord Dixie North Ltd. to The Corporation of the Town of Picketing over those parts of Lots 11, 12, 18 and 19, Plan 40M-1644, Pickering, designated as Parts 3-6, Plan 40R-13225. BY-LAW read a first, second and third time and finally passed this 15th day of October, 1990. Wayne ~fi:~hq~, Mayor PICKERING B T r APPROVE9 AS TO FOF~,Y,, ~.,~_ o, I l~ll~ll~lr/IJC'~U ~/I 1.4111U SCHEDULE A · F~I -- L,I~I I~lk~ ROfQm~ A~, 1114 (3) I~/l~s) Clock P ro~/ A44fhonll (4) ...................................... NIL ~* NIL Pert of Parcel Plmn-1, Section 4OM- ~ ~ Town of Pickering, ~egional Municipality of Durham, N~Pr~l~tifi~ being Part of Lots 11, 12, 18 ana 19, ~m Plan 4OM-/G~ ~ [ designated as Parts 3, 4, 5 and 6 on Plan 4OR-}~ i c~ Pi.~h [] I:~.~ [] P,~ [] O~ [] I Easement Trlnofero~s) The tranafero~ hare~y tnlrmferl the land to the transferee dtdlJ~i~l~MiXaIK)t~XdlXd(dta&~lK]i~lMdlXil~t(it~M)at~[~MKX LANDFORD DIXIE NORTH LTD. Per: .c~_~.~... 1990 I have authority to bind the : Traflsfecofia) I hereby co~.ent to this transaction Date of Signature Name(s) Signature(s) Y M O N/A : : ' (10) TmndMo~s) Addmm f,~raen,',c~ 554 Gordon Baker Road, Willowdale, Ontario, M2H 384 THE C~RPORATION QF THE TOWN OF PICKERING (1~,) Trmdeme(a) ~ ~ -'Picketing Civic Centre, One The Esolanade,. P~ckering, Ontario, L1V 6K7 (13) Tranodeeof(a) The transferor verifms that to the best of the trlnsferor's knowledge and belief, thcs transfer does not contravene sectpon 49 of the Planning Act. 1983. Date of Signature Date of S,gneture Y M O Y M D Signature ......................... So.tot fo~ Tmnefefof(I) I have expiainecI the effect Of section 49 of the Planning Act. 1~3 tO tt~ tranafe~or ~ I have made incluir~8 of the transferoc to G~in4 l~t this trlnafec C~ ~ol cOfltrl~ that Section end b~ Off the ifltormatiofl suK~.t)liecI 0y the trir4fe~o~, to the be~t of my knowledge Solicitor Signature ........................... ! ...... '... !... (14) Iolellor tot Trlmodoeee(a) I hays inv~Pgated the title to thh, land and to lbuttin0 W '*'bern rt#nt ir, d IIm sati.t'ted that the tttle reco~s NI no cofltrl~erffion II let out in ~ubcllusa 4g (21l) (c) (ii) of the Planning ~'t. lg~3 alld that to the beet Of my trln~m' doe8 no~ contravene saction 49 of the Planning Act 1983. I act im:)qel:4fl4efltly Of the Ioficitor thc the tren~'Or(I) and I em In Ontano Iolicito~ iff ~ itlAdi~. Addi'lsa Of Y Signltum .......................... ' ............ ~ Roll Numbe~ , Cb' M&Q Sub P.r : " : i .! !NOT , ASSIGNED F~egimmbm Addm~ od Properly (17) c)ocum~m Pr~ b~. ROB[NS, APPLEBY & TAUB LlpdT~TIx 130 Adelaide Street West Suite 2500 Toronto, 0ntario, MSH .o....."-" Schedule S 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 fLll 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. Affidavit of Residence and of Value of the Consideration Part Lots 11, 12, 18 and 19, Plan_40M-1644, Picketing (Pans 3-6, Plan 40R-13225) Landford Dixie North Ltd. _ The Corporation of the Town of Picketing _ C.M. Timothy Sheffield The Corporation of the Town of Picketing None (a) Monies paid or to be paid in cash $ ~ (ii) Given back to vendor $ (g} VALUE OF LAND, BUILDING, F~XTURES AND GOODWILL SUBJECT TO LAND TRANSFER TAX (Total of (a) to fi)) ............ $ Nil $ NJ! Where (j~ TOTAL CONSIDERATION ......................... $ Nil No relationship between transferor and transferee. Transfer of storm sewer easement to a municipality pursuant to subdivision a&,reement requu'ements. Sworn before rne at the Town of Picketing ih thc Regional Municipality of Durham this 24th day of September ~9 90 A Commissioner for taking Affidavits, etc. A. Describe nature of ~nstrument: Tr~fer~eed of ~d ~ ~e ~1~, Picke~g, ~t~o LIV 6K7 ¢ ~. Ti~t~y ~eld REGISTRATION NO To~ So~citot To~ of PickerLqg Land Registry Office No pmk~rlng, ~tarin R~istration Date