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HomeMy WebLinkAboutBy-law 1451/82THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1451 /82 Being a By-Law to authorize the execution of a Grant of Easement from Wayne Douglas Smith and Sharon Emily Smith to the Corpor- ation of the Town of Pickering respecting part of Lot 30, Concession 1, Pickering (Parts 2 & 3, Plan 40R-6865) WHEREAS, pursuant to the provisions of section 193 of the Municipal Act, R.S.O. 1980, chapter 302, the council of a municipal corporation may acquire lands, and interests in lands, for the purposes of the corporation; and WHEREAS, the Town of Pickering requires an easement across that part of Lot 30, Concession 1, Pickering, designated as Parts 2 and 3, Plan 40R-6865 for storm sewer purposes; 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 Wayne Douglas Smith and Sharon Emily Smith and the Corporation of the Town of Pickering respecting an easement for storm sewer purposes over part of Lot 30, Concession 1, Pickering, designa- ted as Parts 2 and 3, Plan 40R-6865. BY-LAW read a first, second and third time and finally passed this 1st day of March , 1982. Schedule "A" to By-law 1451/82 GRANT OF EASEMENT THE REGISTRY ACT WAYNE DOUGLAS SMITH and SHARON EMILY SMITH both of the Town of Picketing, in the registered owners of the land Office for the Land Registry Division of Lot 30, Concession 1, Town of Pickering, of Durham; the Regional Municipality of Durham, registered in the Land Registry Durham (No. 40) as Part of in the Regional Municipality In consideration of other good and valuable consideration and the sum of TWO ($2.00) DOLLARS, paid to them doth grant to THE CORPORATION OF THE TOWN OF PICKERING, the free and uninterrupted and unobstructed right and easement to construct and maintain such storm sewer or sewers as may be required from time to time on, in, under and across the lands hereinafter particularly described as follows: ALL AND SINGULAR that particular tract of land and premises situate, lying and being in the Town of Pickering, in the Regional Municipal- ity of Durham, being Part of Lot 30, Concession 1, in the Town of Pickering, in the Regional Municipality of Durham and more partic- ularly described as Parts 2 and 3 on a Plan of Survey of Record deposited in the Land Registry Office for the Land Registry Division of Durham as Number 40R-6865. TOGETHER with the right of the Grantee, its successors and assigns and its and their servants, agents, contractors, employees and workmen, with all necessary materials, equipment, 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 replac- ing and maintaining the said storm se¥~r or sewers or thereof, whether or not any part to be so constructed, repaired, renewed, altered, replaced or maintained is the lands described as follows: any part installed, situate on - 2 - ALL AND SINGULAR that particular tract of land and premises situate, lying and being in the Town of Pickering, in the Regional Munici- pality of Durham, being Part of Lot 30, Concession 1, in the Town of Pickering, in the Regional Municipality of Durham, and more par- ticularly described as Parts 2 and 3 on a Plan of Survey of Record deposited in the Land Registry Office for the Land Registry Division of Durham as Number 40R-6865. TO HAVE AND TO HOLD the said easement or right in the nature of an easement on, in, under and across the lands described herein unto the Grantee, its successors and assigns for its and their sole and only use forever. AND THE GRANTORS for them and their heirs, executors, administrators, and assigns covenant with the Grantee, its successors and assigns to keep the said lands described herein free and clear of any buildings, structures and obstructions; not to deposit on or remove any fill from the said lands; and not to do or suffer to be done any other thing which may alter or interfere with the storm sewer or sewers constructed by or on behalf of the Grantee. The Grantors covenant with the Grantee that they have the right to convey the said easement and rights to the said Grantee notwith- standing any act of the Grantors. That the Grantee shall have quiet possession of the said rights and easements free from all encumbrances. And the said Grantors covenant with the said Grantee that they will execute such further and other assurances of the said rights and easements as may be requisite. And the said Grantors release to the said Grantee all claims upon the estate herein conveyed for the said rights and easements transferred by this indenture. - 3 IT IS UNDERSTOOD AND AGREED by and between the Parties thereto that the burden of this Indenture and all of the covenants herein contained shall run with the lands hereinbefore described and the benefit of this Indenture and of all of the covenants contained herein shall run with all other lands and interest in lands owned, occupied or used by the Grantee, its successors and assigns for the purpose of operating and maintaining the said storm sewer or sewers and that this Indenture shall be binding and enure to the benefit of the Parties hereto and their respective heirs, execu- tors, administrators, successors and assigns. DATED at Picketing, Ontario, this 1st day of March, 1982. IN WITNESS WHEREOF, the Parties hereto have hereunto set their hands and seals. THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk In the presence of WAYNE DOUGLAS SMITH SHARON EMILY SMITH Z Z t~ 0 0 ~0 H