HomeMy WebLinkAboutBy-law 1911/84THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1911/84
Being a by-law to authorize the execution of a
Grant of Storm Sewer Out fall Easement from
Ontario Hydro to the Corporation of the Town of
Picketing over those parts of Lots 19 and 20,
Range 3, Broken Front Concession, designated as
Parts 1 and 2, Plan 40R-8221 (Feldspar Court)
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; and
WHEREAS, pursuant to the provisions of section 193(1) of the Municipal Act, R.S.O.
1¢80, chapter 302, the council of a 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 Pickering HEREBY
ENACTS AS FOLLOWS:
The Mayor and Clerk are hereby authorized to execute a Grant of Easement in
the form attached hereto as Schedule A between Ontario Hydro and the Corpo-
ration of the Town of Picketing respecting a storm sewer outfall installation
over those parts of Lot 1¢ and 20, Range 3, Broken Front Concession,
designated as Parts 1 and 2, Plan 40R-8221 (Feldspar Court).
BY-LAW read a first, second and third time and finally passed this 15th day of
October, 1984.
Schedule A to By,law Nu~mber 1911/84
THIS INDENTURE made in triplicate the 17th day of September, 1984
BETWEEN:
ONTARIO HYDRO
(hereinaffercalled"Ontario Hydro")
OF THE FIRST PART
AND:
THE CORPORATION OF THE TOWN OF PICKERING
(hereinaffercalledthe"Grantee")
OFTHESECOND PART
WHEREAS the name of The Hydro-Electric Power Commission of Ontario has been.
changed to Ontario Hydro by virtue of the Power Commission Amendment Act,
1973, proclaimed in force March 4, 1974.
WITNESSETH th~ in ~nsider~ion of the sum of ONE DOLLAR ($1.00) now paid ~ the Grantee to Ontario Hydro (~e r~ei~
of which is hereby acknowledged) and the terms and conditions herein contained Ontario Hydro grants, conveys and transom
~ the Grantee, but su~ect to all the terms and conditions herein ~ntained in Schedule A attached hereto and ~rming part of
this indenture, the right and easement ~ lay, construct, operate, maintain, inspect, alter, repair, replace, reconstruct and
remove a storm sewer outfall
and other works appurtenant thereto (hereinafter called "the works") in, over; along, across, upon, and under those parts of
Ontario Hydro land in the Town of Pickering, in the Regional Municipality of Durham,
being more particularly described as follows: FIRSTLY: Part of Lots 19 and 20,
Range 3, Broken Front Concession, designated as Part 1 on a Reference Plan'
deposited in the L._a_nd~_R~egis_t_r~_.O._f.f.i. ce _for. the~ ~Regi~s~try_Divisi~on_of_Dur~ham .
(No. 40) as Plan ~uK-~zz£; ~uNu~x: Fart o~ ~ot l~, ~an~e 5, ~ro~en ~'ron~
~~~C-~n~°n' des~onated as)Part 2 on said Plan 40R-8221.
(which lands are herein cal~ed the"strip"):e]~k
Together with the right to the Grantee, its servants, agents, and contractors with all necessary vehicles, supplies and
equipment to enter onto the strip by Ontario Hydro's access mutes, and pass and repass over the strip for the p.urpose of
exercising or enjoying any of the rights herein granted.
IN WITNESS WHEREOF the parties hereto have caused this indenture to be executed by affixing their respective corporate
seals attested by the signatures of their proper officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED
ONTARIO HYDRO
Secretary
THE CORPORATION OF THE
TOWN OF PICKERING
c/s
90358 (sheet
rev. 81-02
·" Schedule A
The terms and conditions above mentioned which the Grantee covenants and agrees to observe and be bound by
ere es follows:
1. This indenture shall be effective from the 1st day of January, ,19 84.
2. The Grantee shall pay to Ontario Hydro for the rights hereby granted the sum of THREE THOUSAND,
S~-~v'EN HUNDRED AND EIGHTY~FOUR ...... Dollars, AND TWENTY CENTS. ($3,784.20)
3. The Grantee shall, except in case of emergency, before commencing any work authorized by this indenture or
intended so to be, give to Ontario Hydro forth-eight hours' previous written notice, and in cases of emergency such.
previous notice as is reasonably possible, and during any construction work, repair and maintenance, Ontario
Hydro may have its representatives present, for whose time and necessary expenses the Grantee shall pay on
presentation of invoices therefor·
4. The Grantee in connection with laying, constructing, operating, maintaining, inspecting, altering, repairing,
replacing, reconstructing or removing the works or any part of parts of them shall not interfere in any way with or
cause any damage to any works of Ontario Hydro now or hereafter constructed on the strip or on adjacent Ontario
Hydro lands, and shall comply with the Design Standards & Technical Specification of Ontario Hydro, Canadian
Standards Association Standard C-22.3, the "Safety Rules and Standards Protection Code" of Ontario Hydro, the
Occupational Health and Safety Act, R.S.O. 1980 and any amendments thereto and any regulations passed
thereunder. U pon completion of any of this work the Grantee shall fill in all excavations, restore fences, and restore
the surface of the ground by restoring all topsoil and ground cover disturbed by construction, end if necessary
replacing destroyed or damaged trees and shrubs, and do necessary grading to ensure soil and slope stability, and
remove all equipment, all to the satisfaction of Ontario Hydro.
5. The Grantee shall maintain the works in a good and substantial state of repair at all times.
6. The Grantee shall comply with all statutes, by-laws, rules, or regulations of every governmental or other
competent authority relating in any manner to the works or the exercise of any of the rights or the easement herein
granted.
7. The locations of the works shall be indicated by permanent markers of size and design approved by Ontario
Hydro, which markers shall be placed and thereafter maintained by the Grantee at the Grantee's own expense in
positions designated by Ontario Hydro, and the Grantee shall reimburse Ontario Hydro for all costs incurred by
Ontario Hydro in the installation of aerial warning devices or in taking other measures to comply with any rules and
regulations of any governmental authority which would not have been incurred but for the rights and easement
herein granted.
8. If at any time or times any of the rights or the easement herein granted to the Grantee should in the opinion of
Onta rio Hydro directly or indirectly increase the cost or expense of a ny of the present works of Onta rio Hydro or work
required by Ontario Hydro in the future, including the cost to Ontario Hydro of acquiring any additional lands or
easements because of the existence of this easement, the increase in cost or expense reasonably attributable
thereto shall be borne as follows:
(a) if the increase occurs during the initial five-year period ofthis indenture, Ontario Hydro shall paythe full cost;
(b) if the increase occurs during the second five-year period of this indenture, the cost shall be divided equally
between the Grantee and Ontario Hydro;
{c) if the increase occurs after the expiration of the initial ten-year period of this indenture, the Grantee shall pay
the full cost.
90358 (sheet 2)
rev. B2-01
9, Notwithstanding any of the rights or the easement herein granted, Ontario Hydro may use the strip for any
and all purposes of its undertaking including landscaping and installation of berms; and if at any time or times, in
the opinion of Ontario Hydro, the presence or use of the works interferes with Ontario Hydro's use or intended use
of the strip, Ontario Hydro may require, sl~d~ ' ' Ix~,~3cal~
~dJ~l~dgxl~¢~'~l~~ the Grantee to relocate the works or any part or parts of them in another
location or locations on the strip or on adjacent lands of Ontario Hydro within six months from the time of such
request, and all the terms and conditions of this indenture shall then apply to the works in their new location or
locations and the cost of such relocation shall be borne as follows:
(al if the request is made during the initial five-year-period of this indenture, Ontario Hydro shall pay the full cost;
(b) if the request is made during the second five-year period of this indenture, Ontario Hydro shall pay fifty per
cent of the cost of labour and the Grantee shall pay the balance;
(c) if the request is made after the expiration of the initial ten-year period of this indenture, the Grantee shall pay
the full cost;
Provided that in the event it is impracticable to relocate the works or any part or parts of them as aforesaid, (l~
;J~t~alr:E3~=m~j4r,~:ka~~Y~ the Grantee shall pay to Ontario Hydro, in
accordance with the provisions of clause 8 hereof, any increase in cost or expense incurred by Ontario Hydro
caused by the works remaining in the original location.
10. The Grantee shall, before making any installations or take any measures for preventing corrosion oftheworks
give to Ontario Hydro full written details of such proposed installations and measures and obtain Ontario Hydro's
written approval of same, insofar as such installations or measures will or are likely to affect Ontario Hydro's works
or operations; provided that Ontario Hydro's approval shall not be unreasonably withheld, and the Grantee shall
indemnify Ontario Hydro against any loss or expense resulting from or incidental to such installations or measures
and provided further that such approval shall not be construed as waiving any rights Ontario Hydro may have to
claim against the Grantee for damage from corrosion suffered by Ontario Hydro as a result of the presence of the
Grantee's works.
11. The rights and easement granted herein'shall be subject to all leases, licences, or any rights of use or
occupation existing at the date of this indenture, and Ontario Hydro may from time to time renew or extend theseor
make new ones, so long as they do not interfere unreasonably with the rights and easement herein granted.
12. The Grantee shall assume all liability and obligation for any and all loss, damage or injury to property or
persons (including loss of life) which would not have happened but for this indenture or anything done or
maintained by the Grantee hereunder or intended so to be, and the Grantee shall at all times indemnify and save
harmless Ontario Hydro from and against all such loss, damage, or injury and all actions, suits, proceedings, costs,
charges, damages, expenses, claims or demands arising therefrom or connected therewith; provided that the
Grantee shall not be liable under this paragraph to the extent to which such loss, damage, or iniury is caused or
contributed to by the neglect of Ontario Hydro, its servants or agents.
13. The Grantee shall assume liability for and pay as they become due all taxes, rates, and assessments of every
kind whatever, or any amounts in lieu thereof, that may be imposed by reason of the works or by reason of any of
the rights or the easement granted herein and shall at all times indemnify Ontario Hydro from and against all such
taxes, rates, and assessments, or amounts in lieu thereof.
14. Notwithstanding anything herein contained to the contrary the works and ali other properb/of the Grantee at
any time on the strip or on adjacent Ontario Hydro land shall be at the sole risk of the Grantee and Ontario Hydro
shall not be liable for any loss or damage thereto however occurring and the Grantee releases Ontario Hydro from
all claims and demands in respect of any such loss or damage, except and to the extent to which such loss or
damage is caused or contributed to by the neglect or default of Ontario Hydro, its servants or agents.
15. No right, title, or interest in or to the strip or any part or parts of it or any adjacent Ontario Hydro land shall be
acquired by the Grantee except as expressly set out in and subject to all the terms and conditions of this indenture.
16. The Grantee shall not transfer, assign, or sublet this indenture or any rights or easement conferred by it
without the previous written consent of Ontario Hydro, which consent shall not be unreasonably withheld.
90358 (sheet 4)
rev, 82-04
17. The Grantee, may, with the approval of Ontario Hydro, install additional pipe lines and other works appurte-
nant thereto from time to time within the strip without any increase in rental except payment for tempora~
working rights, end subject inall other respects to the terms and conditions herein contained.
18. If the Grantee should at anv time fail to carry out any of the terms and conditions herein centained, Ontario
Hydro may send by registered mail to the Grantee written notice specifTing such failure, and if the failure is not
remedied within three months of the notice being mailed, Ontario Hydro may terminate and cancel this indenture
in whole or as to any particular part or parts of the works and all the rights conferred by this indenture on the
Grantee in connection therewith.
19. Upon termination of this indenture as herein set out or if at any time the Grantee should abandon the works
the Grantee shall remove the works from the strip at its sole cost and expense within six months of their
abandonment and restore the strip to the satisfaction of Ontario Hydro; except that in lieu of removal Ontario
Hydro may permit the Grantee to abandon the works provided that in so doing the Grantee complies with all
applicable statutes, by-laws, rules, regulations and orders of competent governmental authority relating thereto.
The Grantee shall execute such instrument or instruments in confirmation of such termination as Ontario Hydro
may reasonably request in writing.
20. This indenture shall run with the strip and shall enure to the benefit of and be binding upon Ontario Hydro and
the Grantee and, except as otherwise stipulated herein, their respective successors and assigns.
90358 (sheet 5)
rev.
PLANNING ACT AFFIDAVIT
IN THE MATTER OF THE PLANNING ACT (as amended)
AND IN THE MATTER OF THET~LE TO Part of Lot 19, Range 3, Broko~
Front*Concession, designated as Part 2 on Plan 40R-8221 and
Part of Lots 19 and 20, Range 3, Broken Front Concession,
designated as Part 1 on Plan 40R-8221, in the Town of Pickering,
in the Regional Municipality of Durham
AND IN THE MATTER OF A GRANT OF EASEMENT
THEREOE FROM ONTARIO HYDRO
TO .THE CORPORATION OF THE TOWN OF PICKERING
DATED September 17, 19 84-
!. DAVID B. MacGREGOR,
ortho Town of Whitby,
Regional Municipality of Durham,
in thc
MAKE OATH AND SAY AS FOLLOWS:
I. lam Land Transfer Supervisor for Ontario Hydro, the Grantor
named in the above mentioned Instrument, and have knowledge of the matters hereinafter sworn.
2. A consent under section 49 of the Planning Act, as amended, in respect of the said Instrument
is not reqnired because
-.~e e~-Vae~l:c~G' c.f ,'cdem.~'n.ror-a..pow~ er-~ig~ 4e. gr~n%-assign-~-e~oreiso~ tgewor-of
The Corporation of the Town of Pickering is exempt
under Section 49(c) (c) of the Planning Act, 1983.
SWORN before me
at the City of Toronto,
in the Municipality of Metropolitan
Toronto,
this
day of Septemb~f~/~ 19 84 -
/zT, FREDDA JOANNE OLIVIER, ·
/ ~ ~ r Commissioner, etc., Province ~ Ontario,
~ [ t/ ~ ACOM~RF~TAKING *rr~ for Ontario Hydro.
~plrel March 18th,
DAVID B. MacGREGOR