HomeMy WebLinkAboutBy-law 2396/87THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2396/87
Being a by-law to authorize the execution of a
Transfer of Easement (for sanitary sewer pur-
poses) from The Corporation of the Town of
Pickering to The Regional Municipality of Durham
over Blocks 68 and 75, Plan 40M-1414, Pickering
(Parts 1 and 2, Plan 40R-9807)
WHEREAS The Corporation of the Town of Pickering is the owner of Blocks 68 and
75, Plan 40M-1414, Pickering, designated as Parts 1 and 2 on Plan 40R-9807, and
pursuant to the provisions of section 193(1) of the Municipal Act, R.S.O. 1980,
chapter 302, the council of a corporation may pass by-laws for disposing of 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 Transfer of Easement
(for sanitary sewer purposes) in the form attached hereto as Schedule A,
between The Corporation of the Town of Picketing and The Regional Municipal-
ity of Durham respecting a sanitary sewer easement across Blocks 68 and 75,
Plan 40M-1414, Pickering (Parts 1 and 2, Plan 40R-9807).
BY-LAW read a first, second and third time and finally passed this 16th day of
February, 1987.
New Property Idanlifiers
Transfer/Deed of Land S E ULE ^
Form 1 -- Land Reglatratlo. Reform Act, 1984 ~'~
(1) Rlglalry [] LendTlfl~ ~ 2) Page I of 3 pages
(,)'~'P~'~,) Bilk ,rope~
(4) Conll~et~n
~0 ................ ~.r. t 2.00
(S) De~pllon This is e: Pro.dy Pro~ffy
Division ~ Consolidation ~
Additlonah
See
Schedule
Executions
See
Schedule
Part of Blocks 68 and 75, 40M-1414,
designated as Parts 1 and 2, 40R-9807
being Part of Parcel
Section 40M~1414,
Town of Pickering, Regional Municipality of
Durham
This (a) Reclescription i(b) Schedule for: (?) InlarlalJEallla Tranafl~
Document New Easement Additional ~ ~mY~ x Easement rights
Contain! Plan/Skefch [] Description [] Padlea [] Other []
Tranalel'ol~a) The transferor hereby transfers the land to the fra.sferee and cerUfi<~s that the transferor is et least eighteen years old arid that
onl,
"ama(')THE CORPOP~T[ON OF THE TOWN OF PICK~o~
...... ~986 i 121
Name(s) Signature(s) Y M D
NOT APPLICABLE I .[ l..
(10) Transfer'or(a) Address 1710 Kings ton Road, Pi ckering, Ontario
for Se~dce
>(11) Transferee(s) <
Date of Birth
Y M D
THE REGIONAL MUNICIPALITY OF DURHAM
(12) T,l~al~le(a)Add~ll 605 Rossland Road East Whitby Ontario LIN 6A3
for S m'vice
(15) Tran~lero~) The transferor verifies that ~o the best o~ the transferor's knowledge and belief, ~his lransfer does
Planning Act, 19~, Date of Signature Date of Signalure
Sollcllor for Tren~leror(s) I have explain~ the effect of ~clion 49 of the Planning Act 1 ~ to the transferor and I have made inquirf~ of t~ transferor
tO delermine that Ihis transfer d~s nol contravene that ~tion and ba~d on Ihe information suppli~ by the transferor, ~o the ~t of my knowledge
and ~l~f, this transfer d~ not contravene that s~lion. I am an Ontario solicilor in g~ standing Date of Signs{ute
Name and
~licltor In go~ standing.
I.~1 A~re~ o . , ,
I~1 Solicilor
~ Signature .......................... ; ...... ; .... ~ ....
,
(15) A~m~IR~ Numar [CW Uunj Map ~ Sub. ~ Par ~ ~--~1,~k%~- [~ F~I~TII
I ll _ _
Shah ~. Jain, Q.C.
.... Regiono~ Pu:h am I~I
605 Rossland Road East
Whitby OntarioL1N 6A~
Schedule
Form 5 -- Land Rtgl.tratlofl Reform
S
The Transferors hereby transfer to the Transferee, its successors and assigns, the free,
uninterrupted and unobstructed right and easement to construct, operate and maintain such
sanitary sewer or sewers together with any and all appurtenances thereto as may be required
from time to time in, across, under and through the lands more particularly described in
Box 5 hereof.
TOGE'I~ER with the right of the Transferee, its successors and assigns and its and their
servants, agents, contractors and workmen with all necessary materials, equipmant,
machinery and vehicles to enter upon the said lands at all times and to pass and repass
thereon for the purposes of installing, constructing, reconstructing, examining, altering,
repairing, renewing or replacing (includinM replacement with sanitary sewer or sewers of
larger size or capacity) and maintaining the said sanitary sewer or sewers or any part
thereof whether or not any part to be so constructed, installed, repaired, renewed,
altered, replaced or maintained is situate on the land described in Box 5 hereof.
TO HAVE AND %0 HOLD the said easement or right in the nature of an easement on, in, across,
under and through the lands described in Box 5 hereof unto the Transferee, it successors
and assigns for its and their sole and only use forever.
AND the Transferor covenants that it will not erect any buildings or structure, place or
remove any fill on any part of the said lands described in Box 5.
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 meotioned herein 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 hereby granted.
AND the Transferor covenants with the Transferee that it bas the right to convey the said
rights and easements to the Transferee, notwithstanding any act of the Transferor.
AND the Transferee shall have ~iet possession of the said rights and easements, free from
all encumbrances, save as hereinafter mentioned.
AND the Transferor covenants with the said Transferee that it will execute such further
assurances of the said rights and easements as may be requisite.
lot?8 (12/84)