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HomeMy WebLinkAboutBy-law 2429/87THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2429/87 Being a by-law to authorize the execution of a Transfer of storm sewer easements from Director Industrial Holdings Limited to The Corporation of the Town of Picketing over Part Lot 29, Range 3, B.F.C., Picketing (Parts 2, 5, 27, 28, 33 and 34, Plan 40R-9578). WHEREAS, The Corporation of the Town of Pickering requires storm sewer easements over those parts of Lot 29, Range 3, B.F.C., Picketing, designated as Parts 2, 5, 27, 28, 33 and 34, Plan 40R-9578 for the purpose of draining storm water and pursu- ant 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: The Mayor and Clerk are hereby authorized to execute a Transfer of storm sewer easements in the form attached hereto as Schedule A between Director Industrial Holdings Limited and The Corporation of the Town of Pickering over Part Lot 29, Range 3, B.F.C., Pickering, designated as Parts 2, 5, 27, 28, 33 and 34, Plan 40R-9578). BY-LAW read a first, second and third time and finally passed this 6th day of April, 1987. ,-ffohrl E. An,derson, Mayor TOWN OF APPRfi' 4 D LEGAL D[-~w ('. o.,..,o °'"'°'''c' Transfer/Deed of Land A Farm 1 -- k~d Reglt~re~a~ R~m~ ~ 1~ Bilk Pr~ New prope~/Identifiers Schedule ~ Additional: See Schedule [] '(4) CMMd~IIIO~ P,ga~ of '~_~ peg. Oollar~ $ ($) OaleHpllmt This is a: property Property Division [] Consolidation [] 28, 33, and 34 Part Lot 29, Range 3, Broken Frcnt Ccncessicn, designated as Farts 2, 5, 27, Plan 40R-9578 Town of Pickering, Regicnal M~nictpality of Durham 16) TI.Ii (a) RedescfipliOn ' (b) Schedule for D~menl New Element ; De~ription ~ A~itional ~~t Con. Ina Plan/Sketch ~ ; Pa~i~ (8) Transferors) T ' ' --'-- ' '~- ' Date of Sig~ture Sam Sorbara - President >(g) S~U~S) ol Transferor(I) I her~y con~nt Io Name(s) Signslure(s) Y M D (10) Trlnlf~o~l) ~orS,.~ 1674 ~l~t~ A~ue ~st ~r~to, ~rio ~E < /(11) Transferee(s) i(13) Trlnlflror(i) The Iransferor verifies lhal to the best Ot Ihe translator's knowledge and behet this transfer does not contravene section 49 ol the Planning Act, 1983 Dale of Signature Dale ol Signature Signature ...................... ! ...... i.. !... i Signature ......................... ! ...... i. ! Addre,.~ ot : ! (14) So#cllOr for Trlnlflrl~l) I have investigated the liUe to this land and lo abutting land where relevant and t am satisfied that the lille recon~s reveal no contravention as set out in subclausa 49 218) (c) ii of the Planning Act. 1983 and that to the best of my knowledge and belief th~s transfer does not contravene section 49 of Ihe Planning ACl 19~3 I act independenHy of the solicitor for the Iransteror s) andl am an Ontario (15) eltl~nl Roll Number of PTof)erty :'(15) Municipal Addre~a of Property Not Assigned Date of Signalure Y M O Sionalure ...................... : ......... : i Not assigned (17) Document Prepaid b~ TANZCLA, SO~%RA, McCLELIAN & 2950 Keele Street Do~n sview, C~tario M3M ~q2 File No. 14494 638-0680 MS/dii Schedule S Page / ddiW Pfegifty IdifluIk~l) g~d/o~ Oih~' Iflbffllilofl INTEREST/ESTATE TRANSFERRED The Transferor hereby transfers to the Transferee the free, uninterrupted and unobstructed right and easement to construct, operate and maintain such storm drainage works, together with any appurtenances thereto as may be required from time to time in, under and across the lands herein described, together with a 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 the lands at all times and to pass and repass thereon for replacing (including replacement with storm drainage works of larger size and capacity) and maintaining the storm drainage works or any part thereof or appurtenances thereto to be constructed, reconstructed, examined, repaired, renewed, replaced or maintained situate on the lands. The Transferor covenants that it shall not erect any building or structure nor place or remove any fill on or from any part of the lands without the express written consent of the Transferee. The Transferor hereby releases the Transferee from any claim which may arise out of the exercise by the Transferee of the right and easement granted here- by, or which may arise out of the existence or operation of the storm drainage works, provided the Transferee fills in all excavations and as far as is practi- cable restores the surface to the condition existing prior to any entry thereon to exercise the right hereby granted. The Transferor covenants that it shall execute such further assurances of the right and easement granted hereby as may be required by the Transferee, The burden of this Transfer and of all the covenants contained herein shall run with the lands herein described, This Transfer shall be binding upon and shall enure to the benefit of the part~es hereto and their respective successors and assigns. LAND BENEFITED (DOMINANT TENEMENT) 7e The benefit of this Transfer and all of the covenants contained herein shall run with all other lands and interests in land owned, occupied or used by the Transferee, its successors and assigns for the purpose of operating and main- taining storm drainage works.