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Home My WebLink AboutBy-law 3646/91THE CORPORATION OF THE TQ~ BY-LAW NO. 3646/91 Being a by-law to authorize the execution of a Transfer of storm sewer easement from Bramalea Limited to The Corporation of the Town of Picketing over Part Lots 2, 3, 10 and 11, Plan 40M-1651, Pickering (Parts 1-4, Platt 40R-13424), WHEREAS The Corporation of the Town of Pickering requires storm sewer easements over Part Lots 2, 3, 10 and I1, Plan 40M-1651, Picketing, for the purpose of draining storm water thl'ough Plan 40M-1651, Picketing, .a~.d pursumtt 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: The Mayor and Clerk are hereby authorized to execute a Transfer of storm sewer easement, in the form attached hereto as Schedule A, from Bramalea Lhnited to The Corporation of the Town of Picketing over those parts of Lots 2, 3, 10 and I1, Plan 40M-1651, Picketing, designated as Parts 1-4, Plan 40R-13424. BY-LAW read a first, second and third time and finally passed this 4th day of February, 1991. Wayne A~hus~, Mayor Bruce Taylor, Clerk TOWN APPf~OVED lAS TO LEGAL DEPT. THE CORPORATION OF THE TQWN OF PICKERING BY-LAW NO, 3646/91 Being a by-law to authorize the execution of a Transfer of storm sewer easement from Brarnalea Limited to The Corporation of the Town of Ph'kering over Part Lots 2, 3, 10 and 11, Plan 40M~1651, Pickering (Parts 1-4, Platt 40R-13424). WHEREAS The Corporation of the Town of Pickering requires storm sewer easements over Part Lots 2, 3, 10 and 11, Plan 40M-165l, Picketing, for the purpose of draining storm water through Plan 40M-1651, 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: The Mayor and Clerk are hereby authorized to execute a Transfer of storm sewer easement, in the form attached hereto as Schedule A, from Bramalea Lhnited to The Corporation of the Town of Picketing over those parts of Lots 2, 3, 10 and 11, Plan 40M-1651, Picketing, designated as Parts 1~4, Plan 40R-13424. BY-LAW read a first, second and third time and finally passed this 4th day of February, 1991. Wayne Arthus~, Mayor Brace Taylor, lUlerk / TOWN CF PICKERING APPROVED AS TO FORM LEGAL DEPT. Transfer/Deed of Land (SCHEDULE A) ~ (,) R.et.,~ [] ,-.~ T,,,oa ~ ) Page ~ of/__~ o~s I~flttfllql} (4) Coni~deritton TWO ............................ Ootlam S 2.00 (5) Oe~nption Th;s is a: ProDerty Properly Divls,on [] ConsOhdahon [] Part of Parcel Plan-l, Section 40M-1651 being Part of Lots 2, 3, 10 and 11, Registered Plan 40M-1651 designated as Parts 1, 2, 3 and 4, Plan 40R-13424 in the Town DE Picketing, in the Regional Municipality of Durham Date of Signature Name. MAUREEN MCCAULE~ ~ ~'' Title:Vice-President . : ~ (9) $~u~s} o~ T~sf~o~) t ~ con~n~ ~o t~,s ~an~chon Land Group 0~m o; S~9oa[u,e ~ (10) Transferor(a) forService 1867 Yonge Street, Toronto, Ontario M4S 1Y5 >('11) Transferee(e) .cor qra zo.. ................. :1991 Wayne Arthurs, Mayor ~1991 Bruce Taylor, Clerk (~2)~.~:?)~m.~ . One T~e Esplanade, Pi~e~in~,~. ~ario L1V 6K7 171...in~stJn ..Ja~, P~c.;cr.n~, Cn~ar~ (13) T~nsfe~r(% The transferor ver~fies that to the ~st of th~ transferors knowledge anO belief tn,s transfe~ ones not Contravene ~t~on 49 of the Plannmg Act. 1~ Date of Signature Date of S,gnature Y M O , Y M O J~ ~ ~ J so,c,,o, (15) Asseasment Roll Num,)er o! Property ~(10) Municipal Addm~l of prof~erty not assigned i no~ assigned (17) Document Prif~re(I by: BORDEN & ELLIOTT SCOTIA PLAZA 40 KING STREET WEST TORONTO. ONTARIO . , A'CTENTtON: Simeon Spier Z' Re~lstrabo~ Fee O. ~D Lan(~ Transfer Tax .,.o,, Schedule From 5 -- I..nd Regi~tmtk~ Refon~ Act, 1~4 Page 2of 3 r Other Information INTEREST/ESTATE TRANSFERRED 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. 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. 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. The Transferor covenants that it shall execute such further assurances of the right and easement granted hereby as may be required by the Transferee. The burden of this Transfer and of all the covenants contained herein shall run with the lands herein described. This Transfer shall be binding upon and shall enure to the benefit of the parties hereto and their respective successors and assigns. S LAND BENEFITED (DOMINANT TENEMENT) 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. I Form 1 * Land Transfer Tax Ac~ :),t. o~:~c.,~ ....... At~idaft of Residence and o..~lue of the Consideration Refer ~ all instructions on rever~e side IN THE M~R ~F TH~CO~V~Y~NCE_.~I~F 'f of bots Z, ~, IU m~,~-~l, Fickcrm~ (F~s 1, 2, 3 ~d 4, 40R-[3424) D£afllnlea l~lntlted i ne ~..orporation o! me i own pt ricKermg ~.lVl./l/Ttotll7 ~)l~elIlelQ MAKE OATH AND SAY THAT: J~ (d) T.J;~ aut~prized ageqt or soJ~c.i.tor ii, tin9 in th~%t~rpn~sactipn for (insert ,~m~s) otpdnc~a~s)) I fie ~orporatlon O! tile town orvlclcerm$ described in paragraph~ ~ ~ (c) above; (.n.e out refemoc~ ,o ,.ap~w. Jblepatagraph.) [] (e) The Pres~dent~ vice President~ M~neger~ secretary~ Direct~r~ ~r Treasurer auth~rized t~ act f~r Or~ert ~ame(s) of corpcrati~gJ~) described in paragraph(s) {a). {b). (c) above; (stdkeoutre~tencesW,r~pp#cabmparagta~) [] (f} A transferee described in paragraph( ) (insert o~ly o~e ol paragraph (a). (b) or (c) ebo~. &$ ap~l~;lble) andammakmgthisaffidavdonmyownbehalfandon behalf of 0n~ name pi ~pml~e) who is my spouse described 4 THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: 2.00 (a) Monies paid or to be paid in cash $ (b) Mortgages (i) Assumed ($f~wp~t~c~[~llndt~tete~ttobecrediteciag~nstputcha~pnce) $ Nil {ii) Given back tO vendor $ Nil (c) Property transferred in exchange (~ta~l b~ow~ ........ $ Nil (d) Securities transferred to the value of (dire# below) $ Nil (e) Liens. legac[es, annuities and maintenance charges to which transfer is subject . $ Nil Nil LAND TRANSFER TAX (Toralof(a]to(f)) ...... $ 2.00 $ 2.00 Nil (,) Other consideration for transaction not inc}uded m (g) or (h) above $ Nil (l) TOTAL CONSIDERATION $ 2.00 No relationship between transferor and transferee. If the consideration is nominal, is the Iand subiect to any encumbrance? No Other mark and e planations, if necessary ~'~ans~r o~ storm sewer easements, pursuant to Subdivision Agreement requirements. Sworn before me at theTOWn of Pickering ~n the Regional Municipality of Durham this 5th davof February 19 91 A Commissioner for taking Affidavits, etc. C.M. Timothy Sl~ef~ld Property Information Record A. Describe nature of instrument: Transfer/Deed of Land B (ii Address of property being conveyed (If~lva#ab~e) ~a (ii) Assessment Roll No. (If eva#able) C. Mailjz!g ed!:~,r,~ss{~ for, futur~ No~e~of ~ssess~nt un,er Ih~ ~ment Act for property ~ing convey~ une I ne~spl~a~, rzcge~,gnt~to LIV 6K7 (ii) Legal description of property conveyed: Same as in D.(i) above. 'i'own ~olicitor Town of Pickerinl~ One The Esplanade Fickering, Ontario LIV OK'/ Yes[] NO[] Not known [] For Land Registry Office u~e only REGISTRATION NO Land Registry Office No - ~, ~ ~ i . % . [i~tl: ali ~ll I'Il -- -'~- '~1~' ", .... i Il ~ ..:~. I: - : : ;'~ ., ~ .. ~ I' -~.. ~ B~ama~ea ~m~e~ T~ To~. ~f~i¢~ri.t - ~0~-~65~, ~oke~ng LEGAL SERWICES DEPARTMENT - Transfer of Storm Sewer Easements