HomeMy WebLinkAboutBy-law 959/79
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 959/79
Being a by-law to authorize the execution
of a grant of easement among Torwest Prop-
erties Limited, the Minister of the Environ-
ment, Harvey Hubbell of Canada Limited and
the Corporation of the Town of Pickering
respecting Part Lot 19, Range 3, Broken
Front Concession (Part 8, Plan 40R-3325;
Part 4, Plan 40R-4475).
WHEREAS, by Instrument dated February 13th, 1978, and
registered September 8th, 1978 as Instrument No. D76416,
the Corporation of the Town of Pickering has an easement,
for certain purposes, over that part of Lot 19, Range 3,
Broken Front Concession, designated as Part 8 on Plan
40R-3325; and
WHEREAS, that part of Lot 19, Range 3, Broken Front Con-
cession, designated as Part 8, Plan 40R-3325 is also designa-
ted as Part 4 on Plan 40R-4475; and
WHEREAS, the Minister of the Environment requires an
easement for certain other purposes over that part of Lot
19, Range 3, Broken Front Concession, designated as Part 4,
Plan 40R-4475; and
WHEREAS, it is deemed expedient to permit the Minister
to acquire such easement, notwithstanding the previous ease-
ment granted to the Corporation of the Town of Pickering;
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" among Torwest Properties Limited, Her
Majesty the Queen in right of Ontario as represen-
ted by the Minister of the Environment, Harvey
Hubbell of Canada Limited and the Corporation of
the Town of Pickering respecting the granting of
an easement by Torwest Properties Limited to the
Minister of the Environment over that part of Lot
19, Range 3, Broken Front Concession, designated
as Part 8 on Plan 40R-3325 and as Part 4 on Plan
40R-4475.
BY-LAW read a first, second and third time and finally passed
this 19th day of February , 1979•
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Ma or .,kActi )'
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17_1
SCHEDULE "A" to By-Law 959/79
Tbi!? Grant of C"ements; made file 30th day of
September 19 78
?Brtwrrll
TORWEST PROPERTIES LIMITED, a Corporation
incorporated under the laws of the Province
of Ontario,
herein called the Grantor
and
jl?rr S-flaimp V)r Ourru hi rkigl)t Of
Ontario (.21g r rprrgrntrb Sit 0jr
Binigtrr Of 0)r (bibirommrnt
herein called the crown
and
HARVEY HUBBELL OF CANADA LIMITED, a
Corporation incorporated under the laws
of the Province of Ontario, herein called the Chargee
and
THE CORPORATION OF THE TOWN OF PICKERING
herein called the Encumbrancer
--=d:==
-the wi fey oft hr-0l lrt or--
1, llhe Grantor is entitled to in fee simple and in possession (he land herein described subject to the encumbrances
hereinsfler described. I-
2. The Chargee is (he registered owner of a mortgage or charge affecting the land of the Grantor.
1. 'Ile (Encumbrancer) has a claim against or all interest in the land of (lie Grantor of such nature as to constitute him
an encumbrancer Thereof'.
4. pursuant to The Ontario Water Resources Act, and amendments Thereto, the Crown has erected or is about to erect,
a sewerlwaler main or mains oil file land of the Grantor.
other good and valuable consideration and
5. ht consideration ofyfhe slut of --------------TWO ($2.00) --------------- Dollars
of lawful money of Canada, now paid by (he (Town it, the Grantor (file receipt whereof is herchy acknowledged) file
Grantor hereby grants and conveys in perpetuity to the (Town, its successors and assigns, the rights and casements:
Tat 1%, enter and lay down, install. construct. maiwain, open, inspect, add lo. utter, repair and keep in good con-
dition, remove, replace, relocate, reconstruct, supplement and operate tine or more sewer/water mains or any part
Ihereul, inchhdllhg all appurfcllances necessary or incidental the're'to, twit. in. across, under and through the land (herein
called "the drip°) described in Schedule -A- herein annexed:
Th) To keep file strip clear of all brush. Trees and other uhstroclions of any nature whatsoever as may be necessary
To lite c?cict%e and tier the cu)uynten( of the rights and casenlcuts herein granted;
(c) for the servants. agents, contractors and workmen of and other persons duly authorized by the Crown, at all
times :uhd from little to Tillie to pass and repass with all plant, machinery. material. vehicles and equipment as may be
ncce%%xv. along the strip for all purposes necessary or incidental to the exercise and for the enjoyment of the rigbis
and easements herein granted.
'I'he aforesaid rights and easements are herein granted on the following Terms and conditions which are herchy
tnunh.dh covenanted and agreed to by and between the Grantor and the Crown:
1. Itpon the completion of the construction of the aforesaid sewer/water main or mains and of any installation. re.
placellelll, 111:11111C11:II1eC. inspection. repaii, alieratioll or removal work subsequent thefelo, file Cretan shall rill in all
c\c,,%anon\ 111 the strip ind is tar is practicable restore the shlrfal'e thereof In file same condition is Thal In %%hiih it seas
banhd prim fo the conlnenccnhcnl of late %%ork.and shall remove all equipment and rubbish.
I`wv 1 lit I MOE 13131/111?
page IA
5. Notwithstanding the conditions and terms of paragraph 2
hereof, and without limiting the generality thereof.,
The Grantor retains the right to construct, maintain,
inspect, repair and relocate storm sewers for the proposed
industrial subdivision within the easement areas covered by
this Grant, provided that such work in relation to the storm
sewer will not conflict with the Crown's installation and that the same
is only done in compliance with all the acts and regulations
governing the construction of these facilities.
6. The Crown acknowledges that the Grantor will be paving the
surface of the easement areas herein and the Crown agrees to
restore the paved surface thereof to the same condition as that in
which it was found prior to the commencement of any work in
connection with the sewer/water main or mains herein. The Crown
also agrees that in connection with the foregoing obligation it
will restore the subsurface of the easement areas covered by this
Grant to the same condition as that in which it was found prior to
the commencement of all work.
7. The Crown agrees that the date of completion of all construc-
tion and installation of the sewer/water mains or any part thereof
including.any necessary restoration of the subsurface or the
surface of the easement areas, as more particularly set out in
Schedule "A" attached hereto shall be the first day of June, 1978.
r
?. The Grantor shall not excavate, drill, install, erect, build or permit to be excavated, drilled, installed, erected, or
built, on, in, over, through or under the strip any pit, well, pavement, building, structure or other obstruction of any
nature whatsoever without the prior written consent of the Crown, which written consent shall not be unreasonably
witheld but otherwise the Grantor shall have the right fully to use and enjoy the strip subject always to and so as not to
interfere with the rights and easements hereby granted to the Crown.
3. Notwithstanding any rule of law or equity, the sewer/water main or mains and all other equipment and appurt-
cnances brought on to, laid on or erected upon, or buried in or under the strip by the Crown shall at all times remain
the property of the Crown notwithstanding that the same may be annexed or affixed to the freehold and shall at any
time and from time to time be removable in whole or in part by the Crown or its successors and assigns.
In the event that the Crown exercises the rights pursuant to the
within paragraph 3, then the Crown shall make good any damage
resulting therefrom, in other words, as far as practicable,
restore the surface thereof to the same condition as that in
which it was found prior to the commencement of the work and
shall remove all equipment and rubbish.
4. The rights and easements hereby granted are and shall be of the same force and effect to all intents and purposes
as a covenant running with the land and this grant, including all the covenants and conditions herein contained, shall
extend to, being binding upon and enure to the benefit of the heirs, executors, administrators, successors in title and
assigns of the parties hereto respectively, and all covenants herein contained shall be construed to be several as well as
joint, and wherever the singular or masculine is used, it shall be construed as if the plural or the feminine or the neuter
as the case may be, had been used, where the context or the party or parties hereto so require, and the rest of the sen-
tence shall be construed as if the grammati al and ter inolo 'cal than es th reby rendered necessary had been made.
**Page IA forms part of t?te within ?nstrt{itten .
The Grantor covenants with the Crown that he has the right to convey the said rights and easements to the
Crown notwithstanding any act of the Grantor.
And that the Crown shall have quiet possession of the said rights and easements, free from all encumbrances,
save as aforesaid.
And the Grantor covenants with the Crown that he will execute such further assurances of the said rights and
casements as may be requisite.
And the Grunter covenants with the Crown that he has done no act to encumber the said land save as aforesaid.
31n W itnegg W bEreof the said parties hereto have hereunto set their hands and seals.
TORWEST PROPERTIES LIMITED,
peT.I ............... ...
SEAL
§igneb Oealrb anb MelibereD Grantor President
In the Presence Of: < __>
r peri.....? .............. ? O
dic' '''t SEAL
HARVEY HUB LL OF e-Pr s D,
per'.............. -... .....
?? U PY??SY8eT1?t?. SEAL
THE CORPORATION OF THE TOWN OF PICKERING
per:
For the Minister of the Environment
For and on Behalf of Her Majesty The
Queen in Right of Ontario
per (
SCHEDULE "A"
The Crown its agents, servants, sudcessors and assigns has
the right to enter upon a strip or strips as shown on the
Plan of Survey registered as Plan No. 40R-4475
The said Easement lands are described as follows:
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
that part of Lot 19, Range 3, Broken Front Concession
in the said Town of Pickering,
more particularly described as follows:
FIRSTLY:
A permanent easement in perpetuity in favor of Her Majesty
the Queen in Right of Ontario as Represented by the Minister
of the Environment for the construction.of a sewer/water
main or mains over Parts 1, 2, 3 and 4
on registered Plan 40R-4475
Form 100 Newsome end Gilbert, Limited, Toronto Re.bed f,. .ran. Lsb
044 31'ttnd 0rttnsfier Of ax Art, 1974
AFFIDAVIT OF VALUE OF THE CONSIDERATION
IN THE MATTER OF THE CONVEYANCE made
TORWEST PROPERTIES LIMITED
by: --------------- -- -------- -------------------------------------------- ---- - - -
(MentlrY -- ---------------------------------------------------------------------------------------------------------'-----'-'
e>M"ke to:.HER MAWESTY__'I!HE_.4UEEL1___Ihl__RZGXT--QF---ONTARSQ-AS-----------------_------------
Moretti ------_REPRESENTED__BY__THE-_MINISTE}2_Ql
on the 30th day of September 1978
J1GYr-a14 HLTINGl(-U it( ------------------------- ---------- ------ ---------- -_--_____._____
of the --of_ Toronto-----_------,--_---------__
---------------------------------------------------------
in the __-_ Municipality__of _Metropolitan -___----- -----
MAKE OATH AND SAY THAT:
This affidavit MAY thesolicitor for__the__qrzkntQe_
1. 1 8ni
__
_
------ -------_ _--__
---
be m.de by the .....
___
______
_________---- -
__
e°ro""K -=
d oe or by am one
named in the within (or annexed) conveyance.
acting for them
under "..' of
nrney, rcyer rebybyan
Agent
2. 1 have a personal knowledge of the facts stated in this affidavit.
in writina by the
purchaser or ven-
do or by We
col RRm«either
3. (1) The total consideration for this transaction has been allocated as follows:
o
some
m
to
f other p
arovveed by the (a) Land, buildings, fixtures and goodwill _-___-______________________-_
__
.._$__ o
2. ?Q______-_
er o! Rev... (b) Chattels -items of tangible personal property - (see note) ______ -_$_ nil
TOTAL CONSIDERATION ----------------------------------------------------- ---$
(2) The true consideration for the transfer or conveyance for
Land Transfer Tax purposes is as follows:
(a) Monies paid in cash -------- ------------------------------------------------------- -$ - -2 ; 00--
(b) Property transferred in exchange (Detail below) ------------------------- __$_ nil All blare'
most be
(c) Securities transferred to the value of (Detail below) ------------------- --- $-- --- n1 _____ filled in.
--
(d) Balances of existing encumbrances with j
interest owing at date of transfer ------------------------------------------- _--___ .._$-- --- nil -
(e) Monies secured by mortgage under this transaction -------------- _ ___$_ _ nil
---------------
(f) Liens, legacies, annuities and maintenance
charges to which transfer is subject ------------------------------------- .-___-- __$_. __n11 _
(g) Other (Detail below) ------- -------------- - $-- --nil
TOTAL CONSIDERATION (should agree with 3(1) (a) above) 2.00--
4. If consideration is nominal, is the transfer for natural love and affection? _-_ ___-_____
5. If so, what is the relationship between Grantor and Grantee?
6. Other remarks and explanations, if necessary ..... The- within conveyance is
e-xempt_-f rom-band---Transfer- Tax-as--the ___conveyanc a-- is___ta_The..-Crown-
SWORN before me at the City
of Toronto
in the Municipality
of Metropolitan Toronto
--------------------------------
Stephen Altwerger
this 30th day of September 19 78
/. EOMMIs510?/a/{TON TAKING AI IDAV TS ETC
BETTY WOOc' a Commissioner, etey
Judicial Dlseit of York, for /??/
Altwerper, Lepowich 8 Lapowich, Barristers.
Expa0way 10, 1979.
NOTE TO PARAGRAPH }Ill tbl: Chattel.: Retail N'ln is. i. payahk on the rabl at ism of itemi ah„•n in at 11161 tanks. othtra,i.e exempted under the provisions of
The Retail S.bv Tax Art R S.O. 1970 Cllb .a amended. For the purM^e of thl. eflid_,,it in.en elope only the ra'u,. of chattel., the total value of which In the opinion of the
6gonem nrml. 7100.00. TAI. It., and exonerate • purrha.sv from the p.ymcnt of Retail Sash„ Tax on any tangible lI r,a,nal property a. pan or thin tramaction. When chattels
art purch." A. part of this Van.acliun, with value of k-m than 1100.00, the applicable tax should be paid by the purchaser to the Treasurer of Ontario and remitted to the
Minister of Revenue.
.,,., .. n - a ne ;-18nn1nIZ Act
u aev Llq Act Imd. oM,.
N<?•°me .nd f.IIL<rt L1,11,d. Toronto
IN THE MATTER OF THE PLANNING ACT (as amended)
AND IN THE MATTER OF THE TITLE TO PT. LOT 19 RANGE 3 BROKEN
FRONT CONCESSION, PICKERING
•°^•`?<• AND IN THE MATTER OF A GRANT OF EASEMENT/C=S
Ar.' ,nl of
THEREOF, FROM TORWEST PROPERTIES LIMITED
TO HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED
BY THE MINISTER OF THE ENVIRONMENT
DATED September 30th 1978 .
1, WERNER CORNELIUS HEINRICHS
of the City of Toronto, in the Municipality
of Metropolitan Toronto
MAKE OATH AND SAY AS FOLLOWS-
Corporate
1. I am President of 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
Ds1^• (aj-Tire prest?rEr stereee?xrxerdoes ne£-retainthe eerNre xiE e
"°t egi fe -eq tJ ?redtmpfien-ix-era
If
.ppa<.el< patverbr-reglx#to-granf-crssig>rarexrrcisc-¢pezccr-oi-a}rpeint?rtent-rei#k-respec!-faany
Ianr£ alraiting fke-Iartd• c?czted-Int-tltc-frr$n?-af T,??rr;= fi3eec}
suw (b) The Land (or interest therein) described in the
oibe Transfer (of Easement) is being acquired by the Crown.
.<..°"
pursuant to Section 29, 2(c) of The Planning Act.
SWORN before me
at the City of Toronto
in the Municipality of Metropolitan
Toroso
this ?(
day of January, 19 79
WERNER CORNELIUS HEINRICHS
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