HomeMy WebLinkAboutBy-law 1391/81THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1391/81
Being a By-Law to authorize the execution
of a Grant of Easement between the Corpor-
ation of the Town of Pickering and the
Consumers' Gas Company Ltd. with respect
to Part Lot 10, Plan 221 (Parts 42 & 43,
Plan 40R-4433), Pickering (Sheppard Avenue)
WHEREAS, the Corporation of the Town of Pickering is the owner in fee
simple of that part of Lot 10, Plan 221, Pickering, designated as
Parts 42 and 43, Plan 40R-4433; and
WHEREAS, the Consumers' Gas Company Ltd. requires an easement across
the said lands for the purposes of installing and maintaining a gas
main or mains thereon;
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 Grant of
Easement, in the form attached hereto as Schedule "A", between
the Corporation of the Town of Pickering and Consumers' Gas
Company Ltd. respecting that Part of Lot 10, Plan 221, designa-
ted as Parts 42 and 43, Plan 40R-4433, Pickering. (Sheppard
Avenue)
READ a first, second and third time and finally passed this 2nd day
of November , 1981.
Clerk
bhA4
SCHEDULE "A" to By-law 1391/81
GRANT OF EASEMENT
THIS AGREEMENT made this 28th day of September, 19 81
AMONG: THE CORPORATION OF THE TOWN OF PICKERING
(hereinafter called the "Grantor")
OF THE FIRST PART
- and -
THE CONSUMERS' GAS COMPANY LTD., a
Corporation incorporated under the laws
of the Province of Ontario.
(hereinafter called the "Grantee")
OF THE SECOND PART
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WHEREAS the Grantor is the registered owner in fee simple in possesion, or is
entitled to become the registered owner in fee simple under an Agreement for Sale,
unregistered deed or transfer, or otherwise, subject however, to such encumbrances, liens and
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interests as are notified by memorandum underwritten or endorsed hereon, of All that certain
parcel or tract of land and premises (hereinafter called the "Easement Lands") situate, lying
and being in the Town of Pickering in the Regional ldf Municipality
of Durham and Province of Ontario, and being composed of part of
Lot 10 according to registered Plan 221 registered in the Land Registry Office
for the Registry Division of Durham, designated as Parts 42 and 43 on a Plan
of Survey of Reference deposited in the Land Registry Office for the Land
Registry Division of Durham (No.40) as Plan No. 40R-4433.
AND WHEREAS the Grantor has agreed to grant to the Grantee an easement over
the Easement Lands as appurtenant to the lands of the Grantee (hereinafter called the
"Grantee's Lands") more particularly described in Schedule "A" annexed hereto;
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WITNESSETH that in consideration of the sum of TWO
DOLLARS ($2.00 ) of lawful money of Canada now paid by the
Grantee to the Grantor, and other good and valuable consideration the receipt whereof is
hereby acknowledged, the Grantor
hereby transfer, sell, grant and convey in perpetuity to the Grantee, its successors and assigns
a free and unencumbered easement, subject only as aforesaid, in, under and/or through the
Easement Lands to survey, lay, construct, operate, use, inspect, remove, renew, replace, alter,
enlarge, reconstruct, repair, expand and maintain pipelines including all works, appurtenances,
attachments, apparatus, appliances, markers, fixtures and equipment which the Grantee may
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deem necessary or convenient thereto for the transmission of natural and/or manufactured
gas, together with a right-of-way to the Grantee, its successors, assigns, servants and agents for
ingress and egress at any time and all times over, along and upon the Grantor's lands abutting
the Easement Lands on foot and/or with the vehicles, supplies, machinery and equipment
necessary or incidental to the exercise and enjoyment of the easement hereby granted with the
right to the Grantee to remove by blasting or otherwise any boulder or rock and to sever, fell,
remove or control the growth of any roots, trees, stumps, brush or other vegetation on or
under the Easement Lands.
The parties hereto further mutually covenant and agree each with the others as
follows:
(1) The Grantee will at its expense as soon as reasonably possible after the construc-
tion by the Grantee of a pipeline or other exercise of its rights hereunder remove all surplus
soil and debris from the Easement Lands and restore them to their former state so far as is
reasonably practicable.
(2) The Grantor shall have the right to use and enjoy the Easement Lands except that
such use and enjoyment shall not interfere with the rights of the Grantee hereunder and with-
out limiting the generality of the foregoing, the Grantor shall not without prior written consent
of the Grantee place or erect, or cause to be placed or erected, on the Easement Lands any
building or structure and shall not excavate, drill, install thereon any pit, well, foundation
and/or pavement which will obstruct or prevent the exercise and enjoyment by the Grantee of
the easement and right-of-way which the Grantor has hereby sold, granted and conveyed to
the Grantee.
(3) Notwithstanding any rule of law or equity, any pipeline constructed by the
Grantee hereunder together with all works, appurtenances, attachments, apparatus, app-
liances, markers, fixtures and equipment shall be deemed to be the property of the Grantee,
even though the same may have become annexed or affixed to the Easement Lands.
(4) This agreement shall be conditional upon compliance with the provisions of The
Planning Act.
(5) This agreement shall be of the same force and effect as a covenant running with
the Easement Lands and the rights hereunder shall be appurtenant to the Grantee's Lands.
(6) The Grantor covenants that he has the right to convey this easement and right-of-
way notwithstanding any act on his part, that he will execute such further assurances of this
easement and right-of-way as may be requisite and which the Grantee may at its expense pre-
pare and that the Grantee, performing and observing the covenants and conditions on its part
to be performed, shall have quiet possession and enjoyment of the rights, privileges and ease-
ment and right-of-way hereby granted. If it shall appear that at the date hereof the Grantor is
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not the sole owner of the said lands, this agreement shall nevertheless bind the Grantor to the
full extent of his interest therein and shall also extend to any after-acquired interest but all
monies payable hereunder shall be paid to the Grantor only in the proportion that his interest
in the said lands bears to the entire interest herein.
(7) The Grantee shall have the absolute right to assign or transfer its rights hereunder
in whole or in part and shall not be obligated to give to any other party hereto notice of the
same.
(8) This agreement shall extend to, be binding upon and enure to the benefit of the
respective heirs, executors, administrators, successors and assigns of the parties hereto and the
rights, privileges and easement hereby granted shall continue in perpetuity or until the
Grantee shall execute and deliver a surrender thereof; and whenever the singular or masculine
is used it shall, when necessary be construed as if the plural, or feminine or neuter had been
used and vice versa, as the case may be.
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IN WITNESS WHEREOF the parties hereto have executed this agreement.
SIGNED, SEALED AND DELIVERED THE CORPORATION OF THE TOWN OF PICKERING
in the presence of
THE CONSUMERS' GAS COMPANY LTD.
820.01 (REY. 81/09)
PAGE 5
SCHEDULE "A"
to the Grant of Easement dated
the 28th day ofSeptember,1981
between THE CORPORATION OF THE TOWN OF PICKERING
- and -
THE CONSUMERS' GAS COMPANY LTD.
FIRSTLY:
ALL AND SINGULAR that certain parcel or tract of land and premises
situate, lying and being in the City of Oshawa in the Regional
Municipality of Durham, formerly in the Township of East Whitby in the
County of Ontario, being composed of Part of Lot 5, Concession 5 and which
said parcel of land containing by admeasurement 0.238 acres be the same
more or less, is more particularly described as follows:
PREMISING the bearing of the westerly limit of the road allowance between
Lots 4 and 5, Concession 5, assumed to be North 16° 00' West and
relating all bearings herein thereto.
COMMENCING at a point in a line drawn parallel to and distant 20.00 feet
measured westerly at right angles from the easterly limit of Lot 5, said
point of commencement is located as follows:
STARTING at the south-east corner of Lot 5, Concession 5;
THENCE North 16° 00' West along the easterly limit of Lot 5 also being
the westerly limit of the road allowance between Lots 4 and 5, Concession
5, 2,821.50 feet to a survey monument;
THENCE South 72° 43' West 20.01 feet more or less to the point of
commencement;
THENCE South 72° 43' West 81.96 feet to a point, said point being distant
101.97 feet measured South 72° 43' West from the last mentioned survey
monument in the easterly limit of Lot 5.
THENCE South 16° 00' East 125.56 feet;
THENCE North 74° 06' East 81.95 feet more or less to the aforementioned
described parallel line;
THENCE North 16° 00' West along the said line being parallel to and distant
20.00 feet measured westerly at right angles from the easterly limit of
Lot 5, 127.51 feet to the point of commencement.
SECONDLY:
ALL AND SINGULAR that certain parcel or tract of land and premises situate,
lying and being in the Town of Newcastle in the Regional Municipality of
Durham, formerly in the County of Durham, and being composed of part of
Lot 29, Concession 4 of the Geographic Township of Clarke, containing by
admeasurement one hundred and sixty-three one-thousandths of an acre (0.163 ac.)
be the same more or less, more particularly described as follows:
BEARINGS HEREIN are referred to the Westerly limit of the King's Highway
No. 35 as widened by Instrument Number 16260, registered in the Registry
Office for the Registry Division of Durham West, assumed to be North
eighteen degrees two minutes thirty seconds West (N 18° 02' 30" W)and relating
all bearings herein thereto;
COMMENCING at a survey monument planted in the Westerly limit of the King's
Highway No. 35 as widened by Instrument Number 16260, registered in the
Registry Office for the Registry Division of Durham West, said point of
commencement is located as follows:
2 -
STARTING at the South-west corner of Lot 29, Concession 4;
THENCE North seventy-two degrees seven minutes thirty seconds East
(N 72° 07' 30" E) along the Southerly limit of said Lot 29, also being
the Northerly limit of the road allowance between Concessions 3 and 4,
a distance of one thousand three hundred and seven and ninety one-hundredths
(1307.90') to a point;
THENCE North seventeen degrees thirty-six minutes West (N 17° 36' W) a distance
of two thousand one hundred and fifty-nine and eight one-hundredths feet
(2159.08') to a point;
THENCE South seventy-one degrees thirty minutes West (S 71° 30' W), a distance
of fifty-nine and eleven one-hundredths feet (59.11') to the intersection
with the said Westerly limit of the King's Highway No. 35 as widened by
Instrument Number 16260;
THENCE North eighteen degrees two minutes thirty seconds West (N 18° 02'30"W)
along said Westerly limit of the King's Highway No. 35 as widened, two hundred
and eight feet 208.00') to the point of commencement;
THENCE South seventy-one degrees thirty minutes West (S 71° 30'W), one hundred
and two feet (102.00') to a survey monument planted;
THENCE South eighteen degrees two minutes thirty seconds East (S18' 02' 30"E)
along a line parallel to the said Westerly limit of the King's Highway No. 35
as widened, sixty-nine and fifty one-hundredths feet (69.50') to a planted
survey monument;
THENCE North seventy-one degrees thirty minutes East (N 71° 30'E), one
hundred and two feet (102.00') to a planted survey monument in the said
Westerly limit of the King's Highway No. 35 as widened;
THENCE North eighteen degrees two minutes thirty seconds West
along the said Westerly limit of the King's Highway No. 35 as
sixty-nine and fifty one-hundredths feet (69.50') to the point
(N18- 02' 30"W)
widened,
of commencement.
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Refe•toaeinstructions Form 1
un Reverse S,de The Land Transfer Tax Act, 1974
AFFIDAVIT OF RESIDENCE AND OF VALUE OF THE CONSIDERATION
IN THE MATTER OF THE CONVEYANCE OF ohsenboPtdescbphprlplldndl. a Grant of Easement over Part of Lot 10,
R.P.. 221, Town of Pickering designated as Parts 42 and 43 of
Plan.40R4433.......
13Y (print nerves of all transferors intuit) .... .. .. .. ..
TO(see,nsbucimn landlimn name.a of au vansiefees m lulu . The Consumers' Gas ,Company Ltd.
L Iseemsvucbon 2and Prrm name(s)rn full Blames T. DUstan
MAKE OATH AND SAY THAT:
1- Iam rplace a clear mark within the square opposite that one of the loflowingpafagraphs that describes the capacity of the deponentfs)I rseernsbuchon2)
? (a) A person in trust for whom the land conveyed in the above described conveyance is being conveyed.
? (b) A trustee named in the above described conveyance to whom the land is being conveyed.
? (c) A transferee named in the above described conveyance:
(dl The a uthonzed agent 0--Ir%"w• acting in I HIS transac ion for pnsennam
e solprmnpahsU - - - -
The Cons umers Gas Mpany Ltd.
.... ...... described in paragraph(s) 'a). (M). (c) above: lSrnke out references to mapplicableparegrephsr
? le) The President. Vice -President .Manager, Secretary. Dlrector. or Treasurer authorized Coact fonmsertname!votcorporahonfsn
described in paragraph(s) (a). (b). (c) above. (strike our references to mapplicabre paragrapesi
? It) A l ranshnee described in paragraph( ) insert only one of pa ragraph rat.(b)orc)above. as apphcebiel a n d a m mak l n g t h 15 at l l d a vn on in y own
behalf and on behalf of onsen name of spouse)...... .
Who is my spouse described in paragraph( I- prism only one o f paragraph(a)(m or (c above as a vol,cable)
and as such. I have personal knowledge of the facts herein deposed to
2 1 have read and considered the definitions of "non resident corporation` and nom resident person" set out respectively in clauses I and g of sub
section 1 of section 1 of the Act (see instruction 31
3 The following persons to whom or in trust for whom the land conveyed in the above -described conveyance is being conveyed are non-reside^q
persons within the meaning of the Act. aeeinslrucbonal none
d. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS
(a) Monies paldorto be paid in cash ... .. $ 2.00
(b) MOrtgageshn Assumedishowpuncipar and interest to be credited a9amslPvrcnase prrcei $ nil
(ill Given back to vendor .. $ nil
(cl Property transferred in exchange(detaebelow) .. $ nil
(d) Securities transferred to the value of(deranbelowl $ _ nil
(e) Liens, legacies. annu,tres and maintenance charges to which transfer is subject $ _ nil
(h Other valuable consideration subject to land transfer tax Oetalbelow) . $ nil
(g) VALUE OF LAND. BUILDING. FIXTURES AND GOODWILL SUBJECT TO
LAND TRANSFER TAX (TOTAL OF (a) to (ry) .. $ 2.00 $ 2.00
ITT VALUE OF ALL CHATTELS- items of tangible personal property
Reran Sale3 Ta. rs oa yaore on me value of au cnaners unless e.errlRl uneer n i l
ire nrov,s,ons of ihr Reran Sales Far Ar'I R SO 1970 c e 15 es anlendeo. .... $ .
(1) Other consideration for transaction not included in gl or lhl above $ nil
2 00
ALL BLANKS
MUST BE
FILLED IN
INSERT "NIL
WHERE
APPLICABLE
(1) TOTAL CONSIDERATION ............ .. .... $ 1
5 If consideration is nominal. describe relationship between transferor and transferee and state purpose of conveyance (see instructions!
N/A
6 Other remarks and explanations. if necessary ...... Exempt from Land Transfer Tax under Ontario
Regulation 749/74
.................................................................................................................. ..
SWORN before me at the City of Toronto
in The Municipality of Metropolitan Toronto '
this <>- day of 19
/r c ?.',?% _f°-p r• 1 fjl,. wcl 2 C m-. ? E1C.
A Cornnus<onertdr-lofting AllldavlFs r91G., (' L,.i .. .. C'•.:" - I'r. n EL°>
-PROPERTYINFORMATION RECORD
Expires )?rI_ 1, I
. "&1'dnt of Easement '
A Descnbemtu•eollnshument E
B fa Add,essof pr operlybeingconveyed, it avadadle, Sheppard Avenue, Pickering
1,11 Assessment Roll No u,wo able, - -
C Maihnq addressres)for!inure Notices of Assessment under The Assessment Act for property being conveyed (see instruction 61
The Consumers' Gas Company Ltd. C/O Land Dept. P.O.Box 650
Scarborough, Ontario. M1K 5E3
D 111 Registration number fof last conveyance of property being conveyed ulavailaole, N/A
Uri Legal description of property conveyed Sameasln Op) above. Yes ? No ? Not Known LCY
E Nameis) and addressles) of each transferee 5 solicitor
Ai rd and Berl i s For Land Registry Office use only
15th Floor, York, Centre
145 King. Street. West.,_ ,., REGISTRATION NO.
Toronto, Ontario. Land Registry Office No.
---- Registration Date
820-04 IREV. 81108l
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TOWN Of PICKERING
LEGAL DEPARTMENT
Consumers' Gas Company
-easements
Part Lot 1 0, Plan 221,
Parts 42, 43; Plan 40R-4433