HomeMy WebLinkAboutBy-law 1317/81THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1317/81
Being a By-Law to authorize the execution
of Transfers of storm sewer easements on
Lots 34 and 35, Plan M- , and on Part
of Lot 23, Concession 2, Pickering (Maple
Ridge South Subdivision)
WHEREAS pursuant to the provisions of a Subdivision Agreement
dated June 16th, 1980, Notice of which is registered as Instru-
ment No. LT112902, as amended, between Black File Investments
Inc. and Silver File Investments Inc. (now Maple Ridge Homes
Ltd.) and the Corporation of the Town of Pickering, Maple
Ridge Homes Ltd. is required to convey to the Town such storm
sewer easements as are required for the proper servicing of
the subdivision; and
WHEREAS such easements are required over part of Lots 34 and
35, Plan M- , and over part of Lot 23, Concession 2;
NOW THEREFORE, the Council of the Corporation of the Town of
Pickering HEREBY ENACTS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute a
Transfer of storm sewer easement, in the form attached
hereto as Schedule "A", between Maple Ridge Homes Ltd.
and the Corporation of the Town of Pickering respecting
part of Lots 34 and 35, Plan M-
2. The Mayor and Clerk are hereby further authorized to
execute a Transfer of easement, in the form attached
hereto as Schedule "B", between Maple Ridge Homes Ltd.
and the Corporation of the Town of Pickering respecting
Part Lot 23, Concession 2, Pickering.
BY-LAW read a first, second and third time and finally passed
this 6th day of July , 1981.
.r«t
Clerk
TOWN O
PICKERIt
A,PPR13V
S TO R
LEGAL
Fr:EDULE "A"
:D 1I"iLP.S ACT
* -P LE RIDGE HOMES LTD.
the registered owner of the land registered in the Land Registry Office,
for the Land Titles Division of Durham, (No. 40) as Parcel Plan ,
in the register for Section M-
in consideration of other good and valuable consideration and the sum of
1J0---- ----- ----(52.00)---- UOLLgRS paid to it loth
TRANSFER to THE CORPORATION OF THE TOWN OF PICKERING the free and uninterrupted
and unobstructed right and easement to construct and T..aiutain such storm
sewer or sewers as may be required from time to time on, in, under and acress
the lands hereinafter particularly described as follows:
ALL AND SINGLn-AR that particular tract of land and premises situate, lying
and being in the Town of Pickering in the Regional Yunicipality of Durham
and being part of Lots 34 and 35 on Registered Plan ";- registered
in the Land Registry Office for the Land Titles Division of Durham (40) and
more particularly shown as Parts 1 and 2 on a Plan of Survey of Record
deposited in the Land Registry Office for the Land Titles Division of Durha=
(40) as Reference Plan No. 40R-
TOGE:%dER with the right of the Transferee, its successors and assigns and
its and their servants, agents, contractors, employees and work,:en, with
all necessary T..aterials, equipment, machinery and vehicles, to enter upon
the said lands at all tines and to pass and repass thcreon for the purposes
of installing, constructing, reconstructing, eyarr:ining, altering, repairing,
renewing or replacing and maintaining the said storm sewer or sewers or any'
part thereof, whether or not any part to be so constructed, installed,
repaired, renewed, altered, replaced or r-aintained is situate on the lands
described as follows:
ALL AND SING1n_hR that particular tract of land and premises situate, lying
and being in the Town of Pickering, in the Regional Municipality of Durha-
and being part of Lots 34 and 35 on Registered Plan , registered in
the Land Registry Office for the Land Titles Division of Durham (40) and
more particularly shown as Parts 1 and 2 on a Plan of Survey of Record d:r si ca
in the Land Registry Office for the Land Titles Division of Durham (40) :?s
Reference Plan No. 40R-
c- 2
TO HAVE AND TO HOLD the said (ascio nt or right in the nature of an casc::•,nt
on, in, under and acress the lands described herein unto the Transfc-ree, its
successors and assigns for its and their sole and only use forever.
AND THE TRARSFEROR, for its and their successors and assigns covenants with
the Transferee, its successors and assigns, to }seep 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 Transferee.
The Transferor covenants with the Transferee that he has the right to convey
the said easement and rights to the said Transferee notwithstanding any act
of the Transferor.
That the Transferee shall have quiet possession of the said rights and ecse-ents
from from all encumbrances.
And the said Transferor covenants with the said Transferee that it will execute
such further and other assurances of the said rights and easements as -ay be
requisite.
And the said Transferor releases to the said Transferee all claims upon the
estate herein conveyed for the said rights and easements transferred by
this indenture.
nd Canada Permenant Trust Company and Peter Kirkland Marshall, of the City
of Toronto, in the Municipality of Metropolitan Toronto, surviving Executors
of the Last Will and Testament of Yenric Rudolphus Marshall, late of the
City of Toronto, in the Municipality of Metropolitan Toronto, deceased,
the registered owners of Mortgage No. D 88387 as encumbrancers hereby
postpone and subordinate the said 'fortgage to the caser_-ents herein created
and transferred.
4nd The Royal Bank of Canada, the registered o'-ner of Debenture 1? ber D 90313
as an encumbrancer hereby postpones and subordinates the said Debenture to
the easements herein created and transferred.
s
The encumbrancers do hereby join to postpone any rights or interests
dnich they have in the land described herein with the intent that this
easement shall take effect as though executed and registered prior to the
creation of such rights or interests of the encumbrancers and prior to the
execution and registration of any mortgage agreement or other docu_ent creating
or defining such rights or interests of the encumbrancers.
And the encumbrancers hereby covenant and agree with the Transferee that this
easement shall have priority over the rights of the encumbrancers in the land
affected by this easement with the intent that the said encumbrancers or any-
one claiming under them shall at no time e>:ercise in relation to the said
land any right, title or claim which cannot be exercised by the Transferor by
reason of the terms of this casement.
It is understood and a,-reed by and between the parties hereto 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 Transferee, its successors and
assigns for the purpose of operating and raintaining 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, executors, ai;,-inistraters,
successors and assigns.
DATED AT TORONTO this day of June, 1981.
IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals.
>'_4PLE RIDGE HOMES LTD.
Per:
F, esi Gent
Per• _ c/s
Vice-President
THE CORPORATION OF THE TO"
OF PICKERING
Per•
-- Mayor - --- -
Per: e/s
Town Clerk - --
TtiE L+.SD T ITLr`.S ACT
*LAPLE RIDGE HO?fES LTD.
the registered owner of the land registered in the Land Registry Office,
for the Land Titles Division of Durham, (No. 40) as Parcel Concession 2-23-1
in the Regional Municipality of Durham
in consideration of other good and valuable consideration and the sum of
TWO-- ----C$2,00)---------- ----DOI_I_ARS paid to it doth
TRANSFER to THE CORPORATION OF THE TOWN OF PICIERING the free and uninterrupted
and unobstructed right and easement to construct and maintain such storm
sewer or severs as may be required from time to time on, in, under and across
the lands hereinafter particularly described as follows:
ALL AND SINGLTIAR that particular tract of land and premises situate, lying
and being in the Town of Pickering in the Regional Municipality of Durham
and being part of Parcel Concession 2-23-1, in the Regional Municipality
of Durham, and more particularly showy as parts 1, 2 and 3 on a Plan of
Survey of Record deposited in the Land Registry Office for the Land Titles
Division of Durham (40) as Reference Plan No. 4OR-
TOGETBER with the right of the Transferee, its successors and assigns and
its and their servants, agents, contractors, employees and worl.Den, with
all necessary materials, equipment, machinery and vehicles, to enter upon
the said lands at all ti;aes and to pass and repass thereon for the pur-poses
of installing, constructing, reconstructing, exa-lining, altering, repairing,
renewing or replacing and raintaining the said storm sewer or severs or any
part thereof, whether or not any part to be so constructed, installed,
repaired, renewed, altered, replaced or r.=_intained is situate on the lands
described as follo•:s:
AIL AND SINGLTI-,R that particular tract of land and premises situate, lying
and being in the Town of Pickering, in the Regional Municipality of Durham
and being part of Parcel Concession 2-23-1, in the Regional Municipality
of Durham, and more particularly shown as parts 1, 2 and 3 on a Plan of
Survey of Record deposited in the Land Registry Office for the Land Titles
Division of Durham (40) as Reference Plan 'No. 40R-
i : ge 2
TO HAVE AJND TO HOLD tine said cace;n,ent or right in the nature of an r_asen:,cnt
on, in, under and acrrss the lands described iu-rein unto the Transferee, its
successors and assigns for its and their sole and only use forever.
AND T11E M&J:SFEROR, for its and their successors and assigns covenants with
the Transferee, 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 Transferee.
The Transferor covenants with the Transferee that he has the right to convey
the said easement and rights to the said Transferee notwithstanding any act
of the Transferor.
That the Transferee hall have quiet possession of the said rights and easements
from from all encur..brances.
And the said Transferor covenants with the said Transferee that it will execute
such further and other assurances of the said rights and easements as may be
requisite.
And the said Transferor releases to the said Transferee all claims upon the
estate herein conveyed for the said rights and easements transferred by
this indenture.
And Canada Per_.enant Trust Company and Peter Kirkland Xarshall, of the City
of Toronto, in the Municipality of Metropolitan Toronto, surviving Executors
of the Last Will and Testament of Kenric P.udolphus Marshall, late of the
City of Toronto, in the Municipality of 14etropolitan Toronto, deceased,
the registered o>?ers of Mortgage No. D 85387 as encumbrancers hereby
postpone and s;ioordinate the said 'Mortgage to the casements herein created
and transferred.
And The Royal Rank of Canada, the registered owner of Debenture Number D 9031'
as an encumbrancer hereby postpones and subordinates the said Debenture to
the easerents herein created and transferred.
- s
The encu-.,brancers do hereby join to postpone any rights or interests
which they have in the land described herein with the intent that this
easement shall take effect as though executed and registered prior to the
creation of such rights or interests of the encurbrancers and prior to the
execution and registration of any mortgage agreezent or other docu-;ent creating
or defining such rights or interests of the encuabranecrs.
And the encumbrancers hereby covenant and agree with the Transferee that tSis
easee.ent shall have priority over the rights of the encumbrancers in the land
affected by this casement with the intent that the said encumbrancers or ary-
one claiming under them shall at no time exercise in relation to the said
land any right, title or claim which cannot be exercised by the Transferor by
reason of the ter:--,s of this easement.
It is understood and agreed by and between the parties hereto 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 o»ned, occupied or used by the Transferee, 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, executors, adm.nidcraters,
successors and assigns.
DATED AT TORONTO this day of June, 1981.
IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seels.
1_tPLE RIDGE HOMFS LTD.
Per:
President
Per: c/s
V, ice-President
THE CORPORATION OF THE TOWN
OF PICKERING
Per:
Mayor
Per: _ _ci's
Town Clerk
r?
r?a.5?- F-r.J TS
I
MApi_r= 2JD4E ?o[caYi
Ea5 F?1 Ei l:55
-- - -- J?- PT GOT 2S, Co. z