HomeMy WebLinkAboutBy-law 1170/80THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1170/1980
Being a By-law to authorize the acceptance
of an offer made by J.D.S. Investments Ltd.
to grant an easement over Part Lot 21,
Concession 1, (parts 5 & 6, Plan 40R-1096)
to the Corporation of the Town of Pickering,
Regional Municipality of Durham, jointly.
WHEREAS, pursuant to the provisions of section 352.16
of The Municipal Act, R.S.O. 1970, chapter 284, the Council
of a Municipality may pass a By-law for acquiring land for
the purpose of constructing, maintaining and repairing
sewers or water courses; and
WHEREAS it is deemed desirable to acquire for that purpose
an easement over that part of Lot 21, Concession 1, designated
as parts 5 & 6, Plan 40R-1096;
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 accept
the offer, dated August 21, 1980, of J.D.S. Investments
Limited to grant an easement to the Corporation of the
Town of Pickering and to the Regional Municipality of
Durham, jointly, for various purposes, including the
constructing, maintaining and repairing of storm sewers.
2. The authorization granted in section 1 hereof is subject
to the following amendments to Schedule B of the said
offer being accepted by all parties:
(a) Page 2, line 11, to be amended to read "sanitary
sewer or sewers and storm sewer or sewers of
larger size or capacity) and";
(b) Page 2, line 12, to be amended to read "maintaining
the said watermains, sanitary sewers and storm sewers
or any"; and
(c) Page 3, line 9, to be amended to read "the grantor
that they will fill in all excavations and, as far"
3. A copy of the offer referred to in section 1,
above, is attached hereto as Schedule I to this By-law,
and shall form a part of this By-law.
BY-LAW read a first, second and third time and finally passed
this 15th day of September, 1980.
TOWN OF
PICKERING
APPROVED
AS TO FORM
I LEGAL DEPT.
mayor
SCHEDULE I
OFFER TO GRANT AN EASEMENT
The undersigned J.D.S. Investments Ltd. a corporation incorporated
under the laws of the Province of Ontario, as Grantor in
consideration of the sum of $2.00, the receipt whereof is hereby
acknowledged hereby agrees to grant to the Regional Municipality
of Durham and the Corporation of the Town of Pickering, their
successors, and assigns, free from encumbrances except as to any
encumbrancers consenting to such easement, an easement and right
to enter in perpetuity, through, in, over and across the lands
more particularly described in Schedule "A" attached hereto for
the sum of NIL ($-)
This offer to be accepted by the Grantees within sixty (60) days
of the date hereof otherwise this offer shall become null and void.
This Offer when accepted shall thereupon constitute a binding
contract of purchase and sale and time in all respects shall be
the essence of this Agreement, the Grantees are to examine the
title at their own expense the Grantor not being bound to produce
any evidence of title except such as are in its possession. The
Grantees are to make objections and requisitions on title within
sixty (60) days after acceptance hereof and title to be deemed
accepted, except as to any objection or requisition made within
that time, and,.if any objection to title be made which the
Grantor is unable or unwilling to remove, and which the Grantees
shall not waive the agreement may be declared null and void.
This offer may be accepted by a letter delivered to the Grantor
or mailed, postage prepaid, addressed to the Grantor at c/o
Goodman and Carr, 145 King Street West, Toronto, Ontario, M5H 3K1.
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The above transaction of granting the easement shall be closed
sixty (60) days after the acceptance of this offer and on closing
the Grantor shall deliver a fully executed Grant of Easement in
registerable form together with a full release on a form to be
provided by the Grantees for damages, if any, to the Grantor
arising or resulting from the construction, operation, repairs
and maintenance of the works and for services more particularly
described in Schedule "B" attached hereto and forming part of
this agreement.
The terms and conditions of the easement are set out in Schedule
"B" attached hereto.
Upon acceptance of this offer on behalf of the Grantees, the
Grantees for themselves, their servants, agents, employees,
workmen and assigns shall have the right to enter upon the
property as described in Schedule "A" for the purpose of laying
down and constructing the works and services as set out in
Schedule "B" attached hereto.
The Grantor acknowledges that no verbal guarantees or promises
have been made to it by any of the employees or agents of the
said Grantees.
IN WITNESS WHEREOF the Grantor has hereunto set its hand and seal
on the day and in the year first above written.
DATED THIS cZ? 5? day of AUGUST 1980
J.D.S. INVESTMENTS LIMITED
Per:
PRESIDENT
SCHEDULE "A"
Offer to Grant a Permanent Easement from J.D.S. INVESTMENTS
LIMITED to the Regional Municipality of Durham and the
Corporation of the Town of Pickering.
ALL AND SINGULAR that certain parcel or tract of
land and premises situate lying and being in the TOWN OF
PICKERING in the Regional Municipality of Durham and being
composed of Part Lot 21, Concession 1, former Township
of Pickering, designated as Parts 5 and 6 on a Reference
Plan of survey filed in the Land Registry Office for the
Registry Division of Durham (No.40) as Plan 40R-1096.
SCHEDULE "B"
GRANT OF EASEMENT
THIS INDENTURE made in duplicate this 11th day of
August 1980
B E T W E E N:
J.D.S. INVESTMENTS LIMITED, a
corporation incorporated under
the laws of the Province of
Ontario
Hereinafter called the "GRANTOR"
OF THE FIRST PART
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THE REGIONAL MUNICIPALITY OF
DURHAM and THE CORPORATION OF
THE TOWN OF PICKERING
Hereinafter called the "GRANTEES"
OF THE SECOND PART
- and -
THE BANK OF NOVA SCOTIA
Hereinafter called the "MORTGAGEE"
OF THE THIRD PART
WHEREAS the Grantees have requested the
Grantor to execute this conveyance and the Grantor has agreed
to do so in order to facilitate the works program of the
Grantees;
NOW, THEREFORE, THIS INDENTURE WITNESSETH
that in consideration of the premises and the sum of TWO DOLLARS
($2.00) now paid by the Grantees to the Grantor the receipt
whereof is hereby acknowledged the said Grantor doth hereby
grant, transfer and convey unto the Grantees, their successors
and assigns the free,uninterrupted and unobstructed right and
easement to construct, operate and maintain such watermain or
watermains, sanitary sewer or sewers, and storm sewers, together
with any and all appurtenances thereto, as may be required from
time to time on, in, across, under and through the lands
situate in the Town of Pickering in the Regional Municipality
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of Durham and more particularly described in Schedule "A"
attached hereto;
TOGETHER with the right of the Grantees,
their successors and assigns 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, re-constructing,
examining, altering, repairing, renewing or replacing
(including replacement with a watermain or watermains,
sanitary sewer or sewers of larger size or capacity) and
maintaining the said watermains and 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 above described;
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 in Schedule "A" attached
hereto unto the Grantees, their successors and assigns for
their sole and only use forever;
AND the Grantor for its successors and
assigns covenant with the Grantees, their successors and
assigns to keep the said lands described in Schedule "A"
attached hereto free and clear of any buildings, structures
or 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 or might injure or damage any of the works of
the Grantees herein;
AND the Grantor covenants with the Grantees
that it has the right to convey the said rights and easements
to the Grantees, notwithstanding any act of the Grantor;
AND the Grantees shall have quiet possession
of the said rights and easements, free from all encumbrances,
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save as aforesaid;
AND the Grantor covenants with the Grantees
that it will execute such further assurances of the said
rights and easements as may be requisite;
AND the Grantor releases to the Grantees
all claims upon the estate herein conveyed for the rights
granted by this indenture;
AND the Grantees covenant and agree with
the Grantor 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;
IT IS UNDERSTOOD and agreed by and between
the parties hereto that the burden of this indenture and of
all the covenants herein contained shall run with the lands
hereinbefore described 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
Grantees, their successors and assigns, for the purpose of
operating and maintaining the said watermain or watermains,
sanitary sewer or sewers, and that this indenture shall be
binding upon and enure to the benefit of the parties hereto
and their respective successors and assigns;
AND the Mortgagee to the extent of its
interest in the lands of the Grantor hereby consents to and
agrees in the grant herein contained and for its successors
any assigns hereby subordinates and postpones all right, title
and interest in the lands herein, to the Grantees and to the
rights and easements herein granted;
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IN WITNESS WHEREOF the Parties hereto have
hereunto set their hands and seals.
SIGNED, SEALED AND DELIVERED
in the presence of:-
J.D.S. INVESTMENTS LIMITED
_
Per
President
THE REGIONAL MUNICIPALITY OF DURHAM
BEATH, CHAIRMAN
C.W. LUNDY, CLERK
THE CORPORATION OF THE TOWN
OF PICKERING
THE BANK OF NOVA SCOTIA
SCHEDULE "A"
ALL AND SINGULAR that certain parcel or tract of
land and premises situate lying and being in the TOWN OF
PICKERING in the Regional Municipality of Durham and being
composed of Part Lot 21, Concession 1, former Township
of Pickering, designated as Parts 5 and 6 on a Reference
Plan of survey filed in the Land Registry Office for the
Registry Division of Durham (NO.40) as Plan 4DR-1096.
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