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HomeMy WebLinkAboutBy-law 1162/80THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1162/80 Being a By-Law to authorize the execution of a Grant of Easement between the Corpor- ation of the Town of Pickering and the Regional Municipality of Durham over part of Block M, Plan M-12, Pickering (Parts 1, 2, 3 and 4, Plan 40R-5977) WHEREAS, the Corporation of the Town of Pickering is the owner in fee simple of Block M, Plan M-12, Pickering; and WHEREAS, the Regional Municipality of Durham has requested an easement over that part of that block designated as Parts 1, 2, 3 and 4, Plan 40R-5977, for the purposes of the construction of, operation and maintenance of a sanitary sewer or sewers; 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 the Regional Municipality of Durham respecting that part of Block M, Plan M-12, Pickering designated as Parts 1, 2, 3 and 4, Plan 40R-5977. BY-LAW read a first, second and third time and finally passed this 7th day of July, 1980. r C1 rk Tc??t:r, <?PICtt':r': °J f SCHEDULE "A" TO BY-LAW NO. 1162/80 THE LAND TITLES ACT The Corporation of the Town of Pickering, the registered owner of the land registered in the Land Titles office for the Registry Division of Durham (No. 40) at Whitby as Parcel M-11-C-1 in the Register for the Town of Pickering in the Regional Municipality of Durham in consideration of other good and valuable consideration and the sum of TWO ($2.00) DOLLARS of lawful money of Canada, now paid by the Transferee to the Transferor (the receipt whereof is hereby acknowledged) the Transferor hereby grants and con- veys unto the Regional Municipality of Durham the right and easement to construct, operate and maintain such sanitary sewer or sewers together with any and all appurtenants thereto as may be required from time to time on, in, across, under and through the land more particularly described in Schedule "A" attached hereto; TOGETHER with the right of the Transferee, its successors and assigns and its and their servants, agents, contractors 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 replacing (including replacement with a sanitary sewer or sewers of larger size or capacity) and maintaining the said sanitary sewers or any part thereof whether or not any part to be so constructed, installed, repaired, renewed, altered, replaced or maintained is situate on the land des- cribed above. SUBJECT TO a reservation to the Transferor of a similar right and easement to construct, operate and maintain storm drainage facilities on, in, across, under and through the said lands, together with a similar right of the Transferor, its successors and assigns, and its and their servants, agents, contractors and workmen to enter upon the said lands for similar purposes relating to such storm drainage system. TO HAVE AND TO HOLD the said easement or right in the nature of an easement on, in, across, under and through the lands described herein unto the Transferee, its successors and assigns for its and their use forever, subject to the provisions hereof. AND each of the Parties hereto, for itself and its respective successors and assigns, covenants with the other Party, and its successors and assigns, not to do or suffer to be done any thing which may or might injure or damage any of the works of the other Party. AND the Transferor covenants with the Transferee that it has the right to convey the said rights and easements to the Transferee, notwithstanding any act of the Transferor. AND the Transferee shall have quiet possession of the said rights and easements, free from all encumbrances, save as aforesaid. AND the Transferor covenants with the Transferee that it will execute such further assurances of the said rights and easements as may be requisite. - 2 - AND the Transferor releases to the Transferee all claims upon the estate herein conveyed for the rights granted by this indenture, save as aforesaid. AND the Transferee covenants and agrees with the Transferor that it will fill in all excavations and, as far as is practicable, restore the lands and premises to the condition existing prior to any entry thereon, to exercise the rights hereby granted, including, but not necessarily limited to: (a) the re-grading of those ditch slopes affected by construction to a 3 to 1 slope; (b) the sodding of all re-graded ditch slopes; (c) the re-grading, seeding and application of mulch to the general work area; and (d) the erection of 44 feet, more or less, of chain link fence, 6 feet high, at the Colmar Avenue property line. AND the Transferee covenants and agrees with the Transferor that it shall save harmless and indemnify the Transferor from and against all claims and demands, in respect of or in any way resulting from the construction, operation or maintenance of the said sanitary sewer or sewers, or the restoration of the lands, and from and against all damages, losses, costs, charges, and expenses which the Transferor may sustain or incur or be liable for in consequency of any such claims and demands. 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 des- cribed and the benefit of this indenture and of all 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 the said sanitary sewer or sewers and that this indenture shall be binding upon and enure to the benefits of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF the Parties hereto have hereunto affixed their respective Corporate Seals, duly attested by their respective officers, as of the 7th day of July, 1980. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Clerk THE REGIONAL MUNICIPALITY OF DURHAM Chairman Clerk Form 128 AfRd.,It R. PI-nEIPC Act UNITED 6TA71ONCRY CO. L .AIUO, LrOAL FORM OLPI. 30 PRODUCr1UN DRIVE, :CANROR000H The lanb Titim Z(ct IN THE MATTER of the PLANNING ACT (as amended) AND IN THE MATTER of the TITLE. TO Part Block M, Plan M-12, Pickering (Parts 1, 2, 3 and 9, Plan 40R-5977) TT...fer.ch.Teo, AND IN THE MATTER OF A Transfer of Easement C.I.H... Le"R THEREOF, FROM The Corporation of the Town of Pickering TO The Regional Municipality of Eurham DATED July 7th, 1980 I, C. M. Timothy Sheffield of the Town of Pickering in the Regional Municipality of Durham MAKE OATH AND SAY AS FOLLOWS: L I am the Solicitor for the Transferor named in the above mentioned Instrument, and have knowledge of the matters hereinafter sworn. 2. The said Instrument, and the conveyance or other dealing with land affected thereby, do not contravene the provisions of The Planning Act, as amended, because Delete (?,} Tlec-prescrit-?c?ister?c?atener•-dv¢snort-retnirr-ti»'fee-m^th>T-egmttraf-rerlerm?stto>t-ttr,?ir-n s not - >"OfT("?fI'Y7T ^14'Rf-f!JSt^/r Dr'C'1?/7;1SL"Q .vvllc.ble ?? b n r ?n"Pl't7fYtJIJJ07 R17lT'CIIC'fCfCIT'7L'S}TLrCf"LLf'(717Cf?Zflfn QI%ttf{Tltj? f?7C'?[l7ff?'¢f fCCfLT}'}fif{i'TC sate The interest in the lands is being disposed of by a other re..oR municipality. if any SWORN before me at the Town of Pickering in the Regional Municipality of Durham this 7th Psy of April 19 81 . C. M. Timothy Sheffield A Commissioner for Tnking Affidavits, etc. SCHPDULE "A" ALL AND SINGULAR that certain parcel or tract of lan3 anA premises, situate, lying and being in the Town of Picker- ing in the Regional Municipality of Durham (formerly in the Township of Pickering in the County of Ontario) and being composed of those parts of Block M, according to a plan registered in the Land Titles Office for the Registry Division of Durham (No. 40) as Plan M-12, designated as Parts 1, 2, 3 and 4 on a plan of survey deposited in the said office as Plan 40R-5977; Parts 3 and 4 being subject to an easement as in Instrument No. 2165.