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HomeMy WebLinkAboutBy-law 2405/87THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2405/87 Being a by-law to authorize the execution of a Transfer of Storm Sewer Easement from Rougecrest Construction Inc. to The Corporation of the Town of Picketing over Part Lots 26 and 27, Plan 40M-1439 (Parts 1 and 2, Plan 40R-10017). WHEREAS, The Corporation of the Town of Pickering requires storm sewer easements over those parts of Lots 26 and 27, Plan 40M-1439, Pickering, designated as (Parts 1 and 2, Plan 40R-10017, for the purpose of draining storm water through Plan 40M-1439, and pursuant to the provisions of section 193 of the Municipal Act, R.S.O. ]980, 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: The Mayor and Clerk are hereby authorized to execute a Transfer of Storm Sewer Easement in the form attached hereto as Schedule A between Rougecrest Construction Inc. and The Corporation of the Town of Picketing over those parts of Lots 26 and 27, Plan 40M-1439, Picketing, designated as Parts ] and 2, Plan 40R-10017. BY-LAW read a first, second and third time and finally passed this 2nd day of March, 1987. TOWN OF APPROVED AS TO FORM New Property Identifiers Additional: See Transfer/Deed of Land Fom~ -- Lend Reglstrallon Reform Acl, 1984 A (1) Reglst~ [] Lend TIIles [] Page I of ~ pages (3) Property Block Property (4) Consideration Two Dollars $ 2. OD Division [] Consolidalion [] Part of Parcel Plan -I Section Town of Pickering, Regional Hunicipality of Durham (6) This (a) Redescription i(b) Schedule lot: I (7) Interest/Estate Transferred Document New Easement ; Additional I Con,sins Plan/Skeloh [] ;I DescdpUon [] Parties [] Omor [] Easement (6) Translero~(s) The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years old and that Date of Signature .... R.O.U.G.E. qR.E.S.T..C.OtflS. TI~t~C.T.I.O.N' .I.N.C: .................. ~ .,"~'~'5C~....~... 1986 , (9) Spouse{s) ol Transferor(s) I hereby consent to this transaction Date of Signalure Name(s) Signature(s) (10) Transferor(s) Address IorSe~lce 60 Esna Park Drive, Harkham, Ontario L3R IE2 11) Transleree(s) ~ Y M O Tile CORPORATION OF TilE TOWN OF PICKERING t... i''' ............................................. ...... t , ....................... ' ...................... ' ........... (12) Transferee(s) Address IorServloe [7[0 Kingston Road, Pickering, Ontario LIV 1C7 (13) Transferor(s) The transferor verifies that to the best of the translator's knowledge and belief, this transfer does not contravene section 49 of the < Planning Act, 1983. Date of Signature Date of Signature Y M O Sollcllor or Transferor(s) I have explained the effect of section 49 of the Planning Act, 1983 to the transleror and I have made inquiries of the transferor Io determine thai this transfer does nol contravene that section and based on the Information supplied by the transferor. Io the besl el my knowledge and belief, this transfer does nol contravene that section. I am an Ontario solicitor In good standing. Date of Signature Name and ~ Y M . O Address of SollcllOr Signature .......................... J ...... ! ....... Address of Solicitor (14) Solicitor for Transferee{s) I have Investigated the title to this land and to abutting land where relevant and I am satisfied that the title records reveal no contravention as set out in subclause 4g (21a) c) (ii of the Planning Act. 1983 and that to the best of my knowledge and belial this transfer does not contravene section 49 of the Planning Act 1983. I act independently of the solicitor for the transferor(s) and l am an Ontario solicitor In good standing. Cly. [ Mun' Map (15) Assessmenl Roll Number o! Property ?(16) Municipal Address of Prope~y Not assigned Date of Signature Y M D SIgneture .......................... ! ...... I Ill Fees and Tax , Regist~ation Fee (17) Document Prepared by: Terence S. Dineen, ~O~L Barrister and Solicitor, 60 Esha Park Drive, : Markham, Ontario { , "'* o, Sche ule ·" Folm 5 -- L.nd noglllrallon nelonn Acl, 1984 Page y IG~nlllle~(~) and/or Olher InlormaUon gAS EMI".NT The Transferor trsasfere to tile Transferee the right, interest and easement on, over, uader sud through the described lands of ~he Trausferor as the servient ~enement for ~he follow~a~ purposes, namely: Tile free un~u~errup~ed and unobstructed r~b~ and ease~an~ in perpetui~y ~o o~era~e and malntala s~orm water ruu-o~f includiuE ~he ~nstalla~ion and maintenance of basius~ ~o~e~ber w~th auy and all appur~euances thereto as may be required from t~me ~o time ~u, under sad across the lauds described here~n. TOGETHER wl~b tbs right of ~he Transferee~ its successors and ass~Eas and its and ~heir servants, a~ents sad workmen wi~h all necessary equipment, machi~ery and vehicles to eater upon sa~d laads at all times aud ~o pass and repass thereon for ~he purpose of constructin~ sad recons~ruc~iuE~ ~xamiulaE, repalrlu~ reuew~n~ or replacin~ and main~a~n~ ~he sa~d storm water rua off and catch bas,ns or any part ~hereof whether or not any part to ~e so constructed, repaired, reuewed, replaced or main~aluad is situate on the lands be~eiu. ,TO I[AVE ~D TO HOLD the said easemen~ in, uader and across che lands described herein unto tbs Transferee, ils successors mid asstgs for tea aud their sole and oaly use forever. ~D ~be Transferor coveuan~s'~hat it will ~o~ erect any buildings or s~ructures, place or remove say Jill on any par~ of" the lands herein. ~D the Trausfezor hereby releases the Trausferee from any and every claim which may might arise out of ~be exercise by Lhe Trallsferee of any of the rights granted by this indenture or which may arise out of the existeuce or operatlou of tbs storm water run off aud catch basius and accepts tbs consideratiou above-meuttoned in full satisfactio~ of all such claims, provided the Transferee fills in all excavmtioas mhd as f~r ss is practicahle~ reptores th~'surface to tlie condit%on ~xisting prior to any entry thereon to exercise the rights thereby granted. ~D tile Trausferor coveaants ~bat i~ will execute such further assurances of the said rights as may be required by the Transferee. IT is understood'and agreed by sad betweeu the parties hereto that the burden of this indenture and ail of the covenants herein coutaiued shall ruu with the lands hereinbefore described aad the benefit of this indenture 'a~d al~ of the covenaats herein contained shall run with ail other lands aud iuterests in laud owued, occupied.or used by the Transferee, its successors aud assigns for the purpose of operating and maintaining the said sto~ water rua off aad catch basius, aud that this indCuture shall be binding upon and enure the benefit of the parties hereto, their respective heirs, executors, administrators,. Schedule Form 5 -- Land Reglllretlort Relom Act, 1984 Page ~Addlllonal Property Idenlllle~(~) end/or Other Inlmmetlon FIRSTLY ' Part of Parcel-I Section 40M-I~ being Part of Lot 26, Plan 40M-~ in the Town of Picketing, in the Regional Municipality of Durham, more particularly described as Part I on Plan 40R-/OD/7 SECONDLY' Part of Parcel-1 Section 40M- being Part of,Lot 27, Plan 40M-/~in the Town of Picketing, in the Regional Municipality of Durham, more particularly described as Part 2 on Plan