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HomeMy WebLinkAboutBy-law 3546/90 THE CORPORATION OF THE TOWN OF PICKERING I~Y-LAW NO. 3546/90 Being a by-law to authorize the execution of a Transfer of storm sewer ect~ement, Picke.ri~_~v from Ontario Hydro to The Corporation .of the Town of P, ckering over that part of Lot 24, Concessmn 2, Pickering designated az Part 2, Plan 40R-12851, to drain lands in Plan 40M-1644, Pickering. WHEREAS The Corporation of the Town of Picketing requires a storm sewer easement over that part of Lot 24, Concession 2, Pickering designated as Part 2, Plan 40R-12851, for the purpose of draining storm water through Plan 40M-1644, 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 Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Transfer of storm sewer easement, in the form attac.h, ed hereto as Schedule A, from Ontario Hydro to The Corporation of the Town of Pmkermg over that part of Lot 24, Concession 2, Pickering, designated as Part 2, Plan 40R-12851. BY-LAW read a first, second and third time and finally passed this 17th day of September, 1990. Wayne A~thu~, Ma)7or r0WN CF APPROVED - ~' ~ 'Bruce Taylor, Cler~¢/ L £GAI. DEP? THE CORPORATION OF THE TOWN OF PICKERINO By-LAW NO, 3546/9Q Being a by-law to authorize the execution of a Transfer of storm sewer easement, Picketing, from Ontario Hydro to The Corporation of the Town of Pickering over that part of Lot 24, Concession 2, Pickering designated as Part 2, Plan 40R-12851, to drain lands in Plan 40M-1644, Pickering. WHEREAS The Corporation of the Town of Picketing requires a storm sewer easement over that part of Lqt .24, Concession 2, Pickering designated as Part 2, Plan 40R-12851, for the purpose of dra~mng storm water through Plan 40M-1644, 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 Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Transfer of storm sewer easement, in the form attac~ed hereto as Schedule A, from Ontario Hydro to The Corporation of the Town of Ptckering over that part of Lot 24, Concession 2, Pickering, designated as Part 2, Plan 40R-12851. BY-LAW read a first, second and third time and finally passed this 17th day of September, 1990. ~ ._ Wayne A3thu,,~,, Maffor - ' TOWN CF'- APPROVI:'D ~"~' ~ 'Bruce Taylor, Cler~ff' /£GA~ D~PT, o, Transfer/Deed of Land Feint 1 -- Land Re~l~trall~m R~otm (4) ~ Pa~ of go~ To~n o[ Picketing, Regional ~Pr~ld~tif~ Municipality of Durham (formerly A~t~: Township of P[ckecing, County of ~ Ontario) designated as Part 2 on Plan 4OR-12851. (S) T~ (a) R~iptiom ' (b) Schedule for: ~-~ N~ E~ment A~i~l ~ P~ketch ~ ; ~im~n ~ Pa~ ~ ~ ~ ~ EASEMENT ~ ; (~) T~s) T~ trans~mr here~y tra~f~ the land to t~ transfe~ and c~Jfi~ name of The Hydro-Electric Power Co~ssion of Ontario has been changed to Ontario Hydro ~ , A.D. Gardne~ )(9) S~l) ~ Tmn~l~o~) I ~y c~nt to this tran~cti~ ~ Date of S~ture Na~s) Sig~tum(s) Y M O , (10) T~)A~ 700 Un~versLC7 Avenue, Toron[o, Y M D .......................................... (12) T~d~*) ~ ~ 1710 Kingston Road, Picketing, Ontario LLV lC7 (la) T~fe~e) The transferor ~rifies that ~o the ~st of ~he tramsferor's knowl~ge and ~lief. this transfer ~nni~ ~. 1~. Data of Sig~tum Data ~ S~tum Y M D Y M O S~ ...................................... . g ...................... ... :,. ............... to ~ine tMt ~is tmmf~ ~ ~t c~tra~ that ~i~ ~ ~ m ~ ~ ~. ~ia trans~r d~ ~ ~tmv~ that ~hon. I am an Onto ~ ~ ~ Y ~ M ~ D Signature .......................... : ...... , ....... ~l~~insu~u~49(21a)(c)(ii)~ni~l~~myk~~ tr~ d~ ~ ~tr~ ~ 4g of t~ P~nni~ A~ 1~. I ~ i~tly ~ ~ ~ f~ ~ ~s) ~ I ~ an On~ }~1 N~ ~ ~ ~ S~t~ ~;IA~ Y M 0 ~ , S~u~ ................................ ~ ........ R~ F~ [le) ~ A~ ~ P~ ' ' Real Estate & Security O~vts~on 700 University Avenue - Toronto, Ontario MSG 636-519 Picketing CWR ~O-03-19 (7) INTEREST/ESTATE TRANSFERRED SUBJECT to the following terms and conditions the right and easement co lay, construct, operate, maintain, inspect, alter, repair, replace, reconstruct and remove and other works appurtenant thereto (hereinafter called 'the works") in, over, along, across, upon and under those parts of the Transferor's land described in Box 5 (which lands are herein called the "strip'). Together with the right to the Transferee, its servants, agents and contractors with all necessary vehicles, supplies and equipment to enter onto the strip by the Transferor's access routes and pass and repass over the strip for the purpose of exercising or enjoying any of the rights herein granted. The terms and conditions above mentioned which the Transferee covenants and agrees to observe and be bound by are as follows: 1. This indenture shall be effective from the 19th day of March , 1990. 2. The Transferee shall pay to the Transferor for the rights hereby granted the sum of FOU~THOUSANDANDTHIRTY-FIYE ($4,035.00) ..... DOLLARS 3. The Transferee shall, except in case of emergency, before commencing any work authorized by this indenture or intended so to be, give to the Transferor forty-eight hours' previous written notice, and in cases of emergency such previous notice as is reasonably possible, and during any construction work, repair and maintenance, the Transferor may have its representatives present, for whose time and necessary expenses the Transferee shall pay on presentation of invoices therefor. 4. The Transferee in connection with laying, constructing, opera%lng, maintaining, inspecting, altering, repairing, replacing, reconstructing or removing the works or any part or parts of them shall not interfere in any way with or cause any damage to any works of the Transferor now or hereafter constructed on the strip or on adjacent Transferor's lands, and shall comply with the Design Standards & Technical Specification of the Transferor, Canadian Standards Association Standard C-22.3, the 'Safety Rules and Standards Protection Code' of the Transferor, the Occupational Health and Safety Act, R.S.O. 1980 and any amendments thereto and any regulations passed thereunder. Upon completion of any of this work the Transferee shall fill in all excavations, restore fences, and restore the surface of the ground by restoring all topsoil and ground cover disturbed by construction, and if necessary replacing destroyed or damaged trees and shrubs, and do necessary grading to ensure soil and slope stability, and remove all equipment, all to the satisfaction of the Transferor. 5. The Transferee shall maintain the works in a good and substantial state of repair at all times. 6. The Transferee shall comply with all statutes, by-laws, rules, or regulations of every governmental or other competent authority relating in any manner to the works or the exercise of any of the rights or the easement herein granted. ~3of6 7. The locations of the works shall be indicated by permanent markers of szze and design approved by the Transferor, which markers shall be placed and thereafter maintained by the Transferee at the Transferee's own expense in positions designated by the Transferor, and the Transferee shall reimburse the Transferor for all costs incurred by the Transferor in the installation of aerial warning devices or in taking other measures to comply with any rules and regulations of any governmental authority which would not have been incurred but for the rights and easement herein granted. 8. If at any time or times any of the rights or the easement herein granted to the Transferee should in the opi~lion of the Transferor directly or indirectly increase the cost or expense of any of the present works of the Transferor or works required by the Transferor in the future, including the cost to the Transferor of acquiring any additional lands or easements because of the existence of this easement, the increase in cost or expense reasonably attributable thereto shall be borne as follows: {a) if the increase occurs during the initial five-year period of this indenture, the Transferor shall pay the full cost; (b) if the increase occurs during the second five-year period of this indenture, the cost shall be divided equally between the Transferee and the Transferor; (c) if the increase occurs after the expiration of the initial ten-year period of this indenture, the Transferee shall pay the full COSt. 9. Notwithstanding any of the rights or the easement herein granted, the Transferor may use the strip for any and all purposes of its undertaking including landscaping and installation of harms; and if at any time or times, in the opinion of the Transferor, the presence or use of the works interferes with the Translator's use or intended use of the strip, the Transferor may require the Transferee to relocate the works or any part or parts of them in another location or locations on the strip or on adjacent lands of the Transferor within six months from the time of such request, and all terms and conditions of this indenture shall then apply to the works in their new location or locations and the cost of such relocation shall be borne as follows: (a) if the request is made during the initial five-year period of this indenture, the Transferor shall pay the full cost; (b) if the request is made during the second five-year period of this indenture, the Transferor shall pay fifty per cent of the cost of labour and the Transferee shall pay the balance; (c) if the request is made after the expiration of the 'initial ten-year period of this indenture, the Transferee shall pay the full cost; Provided that in the event it is impracticable to relocate the works or any part or parts of them as aforesaid, the Transferee shall pay to the Transferor, in accordance with the provisions of clause 8 hereof, any increase in cost or expense incurred by the Transferor caused by the works remaining in the original location. Fa~m S -- ~ Ilegl~lrallon Ilefo,nm Act. 11e4 10. The Transferee shall, before making any installations or take any measures for preventing corrosion of the works give to the Transferor full written details of such proposed installations and measures and obtain the Transferor's written approval of same, insofar as such installations or measures will or are likely to affect the Transferor's works or operations; provided that the Transferor's approval shall not be unreasonably withheld, and the Transferee shall indemnify the Transferor against any loss or expense resulting from or incidental to such installations or measures and provided further that such approval shall not be construed as waiving any rights the Transferor may have to claim against the Transferee for damage from corrosion suffered by the Transferor as a result of the presence of the Transferee's works. 11. The rights and easement granted herein shall be subject to all leases, licences, or any rights of use or occupation existing at the date of this indenture, and the Transferor may from time to time renew or extend these or .make new ones, so long as they do not interfere unreasonably with the rights and easement herein granted. 12. The Transferee shall assume all liability and obligation for any and all loss, damage or injury to property or persons (including loss of life) which would not have happened but for this indenture or anything done or maintained by the Transferee hereunder or intended so to be, and the Transferee shall at all times indemnify and save harmless the Transferor from and against all such loss, damage, or injury and all actions, suits, proceedings, costs, charges, damages, expenses, claims or demands arising therefrom or connected therewith; provided that the Transferee shall not be liable under this paragraph to the extent to which such loss, damage, or injury is caused or contributed to by the neglect of the Transferor, its servants or agents. 13. The Transferee shall assume liability for and pay as they become due all taxes, rates, and assessments of every kind whatever, or any amounts in lieu thereof, that may be imposed by reason of the works or by reason of any of the rights or the easement granted herein and shall at all times indemnify the Transferor from and against all such taxes, rates, and assessments, or amounts in lieu thereof. 14. Notwithstanding anything herein contained to the contrary the works and all other property of the Transferee at any time on the strip or on adjacent Transferor's land shall be at the sole risk of the Transferee and the Transferor shall not be liable for any loss or damage thereto however occurring and the Transferee releases the Transferor from all claims and demands in respect of any such loss or damage, except and to the extent to which such loss or damage is caused or contributed to by the neglect or default of the Transferor, its servants or agents. 15. No right, title, or interest in or to the strip or any part or parts of it or any adjacent land of the Transferor shall be acquired by the Transferee except as expressly set out in and subject to all the terms and conditions of this indenture. 16. The Transferee shall not transfer, assign, or sublet this indenture or any rights or easement conferred by it without the previous written consent of the Transferor, which consent shall not be unreasonably withheld. 17. The Transferee, may, with the approval of the Transferor, install additional pipe line? and other wor~s appurtenant thereto from time to time vzthin the strzp witho~%r~a~'h~e~se la-~eet~l except payamnt for temporary working rights, and subject in all other respects to the terms and conditions herein contained. 18. If the Transferee should at any time fail to carry out any of the terms and conditions herein contained, the Transferor may send by registered mail to the Transferee written notice specifying such failure, and if the failure is not remedied within three months of the notice being mailed, the Transferor may terminate and cancel this indenture in whole or as to any particular part or parts of the works and all the rights conferred by this indenture on the Transferee in connection therewith. 19. Upon termination of this indenture as herein set out or if at any time the Transferee should abandon the works the Transferee shall remove the works from the strip at its sole cost and expense within six months of their abandonment and restore the strip to the satisfaction of the Transferor; except that in lieu of removal the Transferor may permit the Transferee to abandon the works provided that in so doing the Transferee complies with all applicable statutes, by-laws, rules, regulations and orders of competent governmental authority relating thereto. The Transferee shall execute such instrument or instruments in confirmation of such termination as the Transferor may reasonably request in writing. 20. This indenture shall run with the strip and shall enure to the benefit of and be binding upon the Transferor and the Transferee and, except as otherwise stipulated herein, their respective successors and assigns. Affidavit of Residence and of Value of the Consideration ~,~,~ aw. ,. Refee ~0 all instructions on reverM tlo~ ~ ~ O~ IN T~A~[~R Dff T~ CONVE~ANC~OF~~ (P~ Z, P~ 40~12851) I ne uo~orat~on of the to~ of Plckenng C.M, Timothy Sheffield ~ {d~ a~Boriz~ agegl or m~ci[or a~ng in this, t~9~ctioq for (~a ~*) 1 De ~ora~on ot t~e Jo~ or rlcKe~ng Ia) Moni~ ~aid or to be ~e~ in cash $ 4 ~ 035,00 (ii) Given ~ck to ve~or ........................... $ (c} Pro~rty transferr~ in exchange (~ .................... $ ~] (g) VALUE OF LAND. BUILOING. FIXTURES AND GOODWILL SUBJECT TO LAND TRANSFER TAX (Totalof(a) to(fJ) ................... $ 4,035.00s . 4,035.00 (ii TOTAL CONSIDERATION $ No relationship ~een tra~feror and transferee. Sworn ~.for~. m, at thTOWrl of Pickering i. ,h. Regional Municipality of Durham this 18th day of Sep~s[~Jert 19 90 Property Information Record A. ~ri~ ~ture of in~rument: Transfer/Deed of ~nd B. Ii) Addre~ of oro~¢ty ~i~ convev~ ~a~) One ~e ~planade, PickeHn~: Ontario LIV 6K7 {ii} L~al O~Hotion of oro~¢tv conv~v~: S$m~ as in D.{i} above. C,M. ~mothy Sheffield T0~ Soli~tor REStStn~tto~ .o.  La~ R~isIry Off~ce NO.