HomeMy WebLinkAboutBy-law 1966/85THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1966 /85
Being a by-law to authorize the execution of a
Grant of Storm Sewer Easement from The Metro-
politan Toronto and Region Conservation Authori-
ty to The Corporation of the Town of Picketing
over part Lot 23, Concession 2 (Part l, Plan
40R-8431) (Plan 40M-1332)
WHEREAS The Corporation of the Town of Picketing requires a Storm Sewer Easement
over that part of Lot 23, Concession 2, Pickering, designated as Part 1, Plan 40R-
8431, for the purpose of draining storm water from Subdivision Plan 40M-1332, 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 Pickering 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:
The Mayor and Clerk are hereby authorized to execute a Grant of Storm Sewer
Easement in the form attached hereto as Schedule A between The Metropolitan
Toronto and Region Conservation Authority and The Corporation of the Town of
Picketing over that part of Lot 23, Concession 2, Picketing, designated as Part
], Plan 40R-8431 (B.M.W. Properties Limited; Plan 40M-1332).
BY-LAW read a first, second and third time and finally passed this 4th day of Febru-
ary, 1985.
SCHEDULE A
GRANT OF EASEMENT
THIS INDENTURE made this
day of
· 1985.
BETWEEN:
THE METROPOLITAN TORONTO
AND REGION CONSERVATION AUTHORITY
as constituted under the Conservation
Authorities Act, RoS.O. 1980, chapter 85
hereinafter called the "Grantor"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Grantee"
OF THE SECOND PART.
WITNESSETH that in consideration of the sum of Two Dollars ($2.00) now paid by the
Grantee to the Grantor the receipt whereof is hereby acknowledged the Grantor does
hereby grant, transfer and convey to the Grantee, its successors and assigns, the
free, uninterrupted and unobstructed right and easement to construct, operate and
maintain such storm sewer together with any and all appurtenances thereto as may be
required from time to time, on, in, across, under and through the lands situate in
the Town of Picketing, in the Regional Municipality of Durham and more particularly
described in Schedule A attached hereto;
TOGETHER with the right of the Grantee, 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 the
purpose of constructing, reconstructing, examining, repairing, renewing or replacing
and maintaining the sewer or any part thereof or appurtenances thereto, whether or
not the sewer, part thereof or appurtenances thereto to be constructed, examined,
repaired, renewed, replaced or maintained is situate on the lands;
TO HAVE AND TO HOLD the easement or right in the nature of an easement on, in,
across, under and through the ]ands unto the Grantee, its successors and assigns,
for its and their sole and only use forever;
AND the Grantor, for itself and its successors and assigns covenants with the Grant-
ee and its successors and assigns to keep the lands free and clear of any buildings,
structures or obstructions; and not to do or suffer to be done any other thing which
may or might injure or damage any of the works of the Grantee;
AND the Grantor covenants with the Grantee that it has the right to convey the
rights and easements to the Grantee, notwithstanding any act of the Grantor;
AND the Grantee covenants and agrees with the Grantor that it will fill in all exca-
vations and, as far as is practicable, restore the lands to the condition existing prior
to any entry thereon to exercise the rights hereby granted;
AND the Grantee hereby agrees to indemnify and save harmless the Grantor from all
claims for damages, injuries or whatever arising for the construction, reconstruction,
examination, repair, renewal, replacement or maintenance of the sewer or any part
thereof, or appurtenances thereto;
AND the Grantee covenants and agrees with the Grantor that it will at all times carry
out any construction, maintenance or repairs required pertaining in any way either
directly or indirectly to the installation of the storm sewer, related appurtenances or
use of the easement area.
The burden of this Indenture and of all of the covenants herein contained shall run
with the lands and the benefit of this Indenture and of all covenants contained herein
shall run with all other lands and interest in land owned, occupied or used by the
Grantee, its successors and assigns, for the purpose of operating or maintaining the
storm sewer and that this Indenture shall be binding upon and enure to the benefit
of the parties hereto and their respective successors and assigns;
IN WITNESS WHEREOF the Parties hereto have hereunto affixed their corporate seals,
duly attested by their proper authorized officers.
SIGNED, SEALED AND DELIVERED
THE METROPOLITAN AND
REGION CONSERVATION AUTHORITY
Chairman
'Secretary
THE CORPORATION OF THE TOWN OF PICKERING
Clerk
SCHEDULE A
ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying
and being in the Town of Plckering, in the Regional Municipality of Durham (formerly
the Township of Picketing, in the County of Ontario) and Province of Ontario, and
being composed of that part of Lot 23, Concession 2, designated as Part 1 on a
Reference Plan deposited in the Land Registry Office for the Land Registry Division
of Durham (No. 40) as Number 40R-8431.
:~0
0~,
0~
:~0
:~0
~0
0o