HomeMy WebLinkAboutBy-law 1821/84THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1821/84
Being a by-law to authorize the execution of
Transfers of Storm Sewer Easement from Pinnacle
Investments Limited and Paul Micallef and Holly
Micallef over those parts of Block 7, Plan
40M-1281 designated as parts 10 and 11, Plan
40R-7881 (Tanzer Court/St. Martin's Drive)
WHEREAS, pursuant to the provisions of section 53(12) of the Regional Municipality of
Durham Act, R.S.O. 1980, chapter 434 area municipalities are responsible for land
drainage, including storm, surface, overflow, subsurface or seepage waters or other
drainage from land within the municipality and including the drainage of any road in
the municipality that does not form part of the regional road system;
WHEREAS, pursuant to the provisions of section 193(1) of the Municipal Act, R.S.O.,
1980, chapter 302, the council of every corporation may pass by-laws for acquiring
land required for the purposes of the corporation;
NOW THEREFORE, the Council of the Corporation of the Town of Picketing HEREBY
ENACTS AS FOLLOWS:
The Mayor and Clerk are hereby authorized to execute Transfers of Easement in
the forms attached hereto as Schedule A and B between Pinnacle Investments
Limited and the Corporation of the Town Picketing and between Paul Micallef
and Holly Micallef and the Corporation of the Town of Picketing, respectively,
concerning storm sewer installation in that part of Block 7, Plan 40M-128l
designated as parts 10 and 11, Plan 40R-7881 (Tanzer Court/St. Martin's
Drive).
BY-LAW read a first, second and third time and finally passed this 16th day of
April , 1984.
To By-law 1821/84
I.,~ND TITLES ACT
PINNACLE INVESTMENTS LIMITED
the registered ownerS of the freehold land registered in the Land
Reqistry Office for the Land Titles Division of Durham (No. 40)
at Whitby as Part of Parcel Plan-1, in the Register for section
4OM-1281
in consideration of the sum of Two Dollars paid to it, transfer to
THE CORPORATION OF THE TOWN OF PICKERING
the free, uninterrupted and unobstructed right and easement
to construct, operate and maintain such storm sewer or sewers,
together with any appurtenances thereto as may be required from
time to time in, under and across the lands hereinafter described,
namely:
ALL AND SINGULAR those certain parcels or tracts of lands and
premises situate, lying and being in the Town of Picketing, in
the Regional Municipality of Durham and Province of Ontario being
composed of,
?I2STL¥, that part of Block 7 , Plan 40M-1281, designated as
Part 10, Plan 40R-7881
Being part of Parcel Plan-l, Section 40M-1281, Pickeringo
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 the
said lands at all times and to pass and repass thereon for the
purpose of constructing, reconstructing, examining, repairing,
renewing or replacing (including replacement with storm sewer or
sewers of larger size and capacity) and maintaning the said sewer
or sewers or any part thereof or appurtenances thereto, whether
or not ~u~h sewer, sewers, part thereof or appurtenances thereto
to be so ~onstructed, reconstructed, examined, repaired, renewed,
replaced or maintained is situate on the s~Ld lands;
TO HAVE AND TO HOLD such right and easement in, under and across
the said lands unto the Transferee, its successors and assigns
for its and their sole and only use forever, save as hereinafter
specifically provided;
AND 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 said lands;
AND the Transferor hereby releases the Transferee from any claim
~h~ch may arise out of the exercise by the Transferee of the
right and easement granted hereby, or which may arise out of
the existence or operation of the said storm sewer or sewers,
and accepts 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 right granted hereby;
AND the Transferor covenants that it shall execute such further
assurances of the right and easement granted hereby as may be
required by the Transferee;
AND the right and easement granted hereby shall be concurrent
with a similar right and easement granted to the Regional
~unicipality of Durham for its purposes and such rights and
easements shall be of equal effect and status regardless of
the order in which the documents creating the rights and
easements are registered;
- 2 -
AND the burden of the transfer and of all the covenants
contained herein shall run with the said lands and the benefit
of this transfer and of all 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 maintaining a storm sewer or sewers~
AND this transfer shall be binding.upon and enure to the benefit
~f, the parties hereto and their respective heirs, executors,
administrators, successors and assigns.
IN WITNESS WHEREOF the Transferorand Transferee have affixed
their corporate seal,, duly attested by their proper authorized
officers as of the 8th day of February, 1984.
LAND TITLES ACT
PAUL MICALLEF and HOLLY MICALLEF, his spouse,
o~ %he Town of Pickering, in th~ Regional Municipality
of Durham, as .joint tenants and not as tenants in common;
the registered owne~of the freehold land 'registered in the Land
Registry Office for the Land Titles Division of Durham {No. 40)
at Whitby as part of Pa~c~l 7-1, in the Register for section
4OM-12B1
in consideration of the sum of Two Dollars paid to us, transfer to
THE CORPORATION OF THE TOWN OF PICKERING
the free, uninterrupted and unobstructed right and easement
to construct, operate and maintain such storm sewer or sewers,
together with any appurtenances thereto as may be required from
time to time in, under and across the lands hereinafter described,
namely:
ALL AND SINGULAR those certain parcels or tracts of lands and
premises situate, lying and being in the Town of Picketing, in
the Regional Municipality of Durham and Province of Ontario being
composed of,
F!~ETL¥, that part of Block 7 , Plan 40M-1281, designated as
Part 11, Plan 40R-7881
Being part of Parcel 7-1, Section 40M-1281, Picketing.
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 the
said lands at all times and to pass and repass thereon for the
purpose of constructing, reconstructing, examining, repairing,
renewing or replacing (including replacement with storm sewer or
sewers of larger size and capacity) and maintaning the said sewer
or sewers or any part thereof or appurtenances thereto, whether
o~ not such sewer, sewers, part thereof or appurtenances thereto
to be so 6onstructed, reconstructed, examined, repaired, renewed,
replaced or maintained is situate on the sa£d lands;
TO HAV~ AND TO HOLD such right and easement in, under and across
the said lands unto the Transferee, its successors and assigns
for its and their sole and only use forever, save as hereinafter
specifically provided;
AND the Transferor covenants that ~e shall not
or structure nor place or remove any fill on or
of the said lands;
erect any building
from any part
AND the Transferor hereby releases the Transferee from any claim
w-~ch may arise out of the exercise by the Transferee of the
right and easement granted hereby, or which may arise out of
the existence or operation of the said storm sewer or sewers,
and accepts 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 right granted hereby;
AND the Transferor covenants that we shall execute such further
assurances of the right and easement granted hereby as may be
required by the Transferee;
AND the right and easement granted hereby shall be concurrent
w--~h a similar right and easement granted to the Regional
Municipality of Durham for its purposes and such rights and
easements shall be of equal effect and status regardless of
the order in which the documents creating the rights and
easements are registered;
AND the burden of the transfer and of all the covenants
contained herein shall run with the said lands and the benefit
of this transfer and of all 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 maintaining a storm sewer or sewers.
AND this transfer shall be binding upon and enure to the benefit
of, the parties hereto and their respective heirs, executors,
administrators, successors and assigns.
IN WITNESS WHEREOF the Transferors have affixed their hands and
seals and the Transferee has affixed its corporate seal, duly
attested by its proper authorized officers, as of the 8th
day of February, 1984.
SIGNED, SEALED & DELIVERED
in the presence of
Holl~TM ~
THE CORPORATION OF THE TOWN
OF PICKERING
Per~
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