HomeMy WebLinkAboutBy-law 2018/85THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2018 /85
Being a by-law to authorize the execution of a
transfer of storm sewer easement from The Re-
gional Municipality of Durham to The Corporation
of the Town of Picketing over part Block 132,
Plan 40M-1232 (Part 1, Plan 40R-8704)
WHEREAS The Corporation of the Town of Pickering requires a storm sewer easement
over that part of Block ]32, Plan 40M-1232, Pickering, designated as Part 1, Plan
40R-8704, for the purpose of draining storm water from Draft Plan of Subdivision
18T-84006, and,
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 interest 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 transfer of storm
sewer easement in the {orm attached hereto as Schedule A between The Regional
Municipality of Durham and The Corporation of the Town of Pickering over that
part of Block 132, Plan 40M-1232, Picketing, designated as Part 1, Plan 40R-
8704 (Bramalea Limited; Draft Plan 18T~84006).
BY-LAW read a first, second and third time and finally passed this 21st day of May,
1985.
LAND TITLES ACT
THE REGIONAL MUNICIPALITY OF DURHAM
the registered owners of the lands registered in the Land Registry
Office for the Land Titles Division of Durham (No. 40) at Whitby as
Parcel
in the register for Town of Pickering
in the Regional Municipality of Durham
in consideration of other good and valuable consideration and the sum
of Two ...................... ($2.00) ....................... DOLLARS
paid to it does TRANSFER to
THE CORPOIU~TION OF THE TOWN OF PICKERING
the free uninterrupted and unobstructed right and easement to
construct, operate and maintain, inspect, repair, alter, replace and
remove rear lot catch basin lead for storm drainage, including
surface watercourse, all necessary culverts, catch basins, pipes,
conduits, equipment, together with any and all appurtenances thereto
as may be required from time to time, in, under and across land
hereinafter particularly described namely:
ALL AND SINGULAR that certain parcel or tract of land and premises
situate, lying and being in the Town of Pickering, in the Regional
Municipality of Durham, being composed of Part of Block 132,
Registered Plan 40M-1232, more parti.cularly described as Part l, 40R-~QO
being part of the said Parcel.
TOGETHER with the 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 said lands
all times and to pass and repass thereon for the purpose of
constructing, reconstructing, examining, repairing, renewing or
replacing and maintaining the said rear lot catch basin lead for storm
drainage including surface watercourse, all necessary culverts, catch
basins, pipes, conduits, equipment or any part thereof whether or not
any part to be so constructed, repaired, renewed, replaced or maintained
is situate on the land above described.
-2-
TO HAVE AND TO HOLD the said easement in, under and across the
lands described herein unto the transferee, its successors and assigns
for its and their sole and only use forever.
AND the transferor covenants that it will not erect any
building or structure, place or remove any fill on any part of the said
lands herein.
AND the transferor hereby releases the transferee from any and
every claim which may or might arise out of the exercise by the
transferee of any of the rights granted by this indenture or which may
· arise out of the existence or operation of the sanitary sewer or sewers
and accept the consideration abovementioned in full satisfaction of all
such claims, 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 exercise the rights thereby granted.
AND the transferor covenants that it will execute such further
assurances of the said rights as may be required by the transferee.
IT is understood and agreed by and between the parties hereto
that the burden of this indenture and of all the covenants herein
contained shall run with the lands hereinbefore described and the
benefit of this indenture and of all the covenants herein contained
shall run with all other·lands and interests in lands owned, occupied or
used by the transferee, its successors and assigns, for the purpose of
operating and maintaining the said rear lot catch basin lead for storm
sewer, and that this indenture shall be binding upon and enure to the
benefit of the parties hereto, their respective heirs, executors,
administrators, successors and assigns.
IN WITNESS WHEREOF the parties hereto have hereunto set their
hands and seals.
DATED at Whitby, Ontario, this ~ day of January, 1985.
THE REGIO(~AL' MUNIC?ALITY OF DURHAM
ChJi rman
Clerk
THE CORPORATION OF THE TOWN OF P]CKERING
Mayor
Clerk
J