HomeMy WebLinkAboutBy-law 965/79THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 965/79
Being a by-law to authorize the execution
of grants of storm sewer easements from
Bramalea Limited to the Corporation of the
Town of Pickering respecting Parts 16, 19
and 23, Plan 40R-4715 and Parts 5-9 and 20,
Plan 40R-4830 (Amberlea Industrial Park)
WHEREAS, On January 8th, 1979, the Council of the Corpor-
ation of the Town of Pickering enacted By-Law 933/79, author-
izing the execution of a Development Agreement between the
Corporation of the Town of Pickering and Bramalea Limited
respecting those lands in Lots 29 and 30, Range 3, Broken
Front Concession, shown on Plan 40R-4715 and 40R-4830; and
WHEREAS, pursuant to the provisions of section 16 of the
said Agreement, Bramalea Limited is required to convey to the
Corporation of the Town of Pickering certain storm sewer ease-
ments;
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
grants of storm sewer easements in the form attached
hereto as Schedule "A" from Bramalea Limited to the
Corporation of the Town of Pickering respecting Parts
16, 19 and 23, Plan 40R-4715 and Parts 5-9 and 20,
Plan 40R-4830 (Amberlea Industrial Park).
BY-LAW read a first, second and third time this 5th day of
March, 1979.
r
/ or
J I V
auk
Clerk (Pro Tempo e)
R
yf .: ?r 1 X
SCHEDULE "A" to By-law 965/79
Y__.> >_.i_;s H(_._
rRAZA.LEA . .M''.= a ca, r n:' _.,corporatod under t0i
laws of the Irovince of Ontario,
As Owner
the registered owner of the land registered in the Land
Registry Office, for the Land Titles Division of Durham (No.40)
as Parcel Pickering
in the register for 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 paid to it doth TRANSFER to
THE CORPORATION OF THE TOWN OF PICKERING the free and uninterrupted
and unobstructed right and easement to construct, operate and
maintain such storm 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 hereinafter particularly
described namely:
A-LL 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, (formerly Township of Pickering,
County of Ontario), being composed of these Farts of Lot Range 3,
Broken Front Concession, now more particularly described as
Parts on a Plan of Reference registered at
the said Land Registry Office as Number 40R-
TOGE'T'HER with the right of
assigns and its and their
wor?nen with all necessary
vehicles to enter upon the
and repass thereon for the
r-consi_ruc;ing, exAmining,
the Transferee, its successors and
servants, agents, contractors and
materials, equipment, machinery and
said lands at all times and to pass
purposes of installing, constructinc
altering, repairing, ro7owing or
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replacing (including replacerent with a sewer or se•»ers of
larger size or capacity) and maintaining the said se•»ers or
any part thereof whether or not any part to be so constructec,
installed, repaired, renewed, altered, replaced or maintained
is situate on the land described above.
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 sole and only use forever.
AND the Transferor for its and their successors and assigns
covenant(s) with the Transferee, its successors and assigns
to keep the said lands described herein 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 Transferee herein.
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.
AND the Transferor releases to the Transferee all claims
upon the estate herein conveyed for the rights transferred by
this indenture.
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 he--
transferred.
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IT IS U,= RSTOOD and agreed by and bet,,eLn the parties hereto
that the burden of this indenture and all of the covenants
herein contained shall run with the lands hereinbefore descri`_-d
and the benefit of this indenture and of all covenants contai.-.=d
herein shall run with all other lands and interests in land
owned, occupied or used by the Transferee, its successors anc
assigns, for the purpose of operating and maintaining the sail
sewer or sewers and that this indenture shall be binding upon
and enure to the benefits of the parties hereto and their
respective heirs, executors, administrators, successors and
assigns.
IN WITNESS WHEREOF the Parties hereto have hereunto set
their hands and seals.
BRAMALEA LIMITED
por:
I•c- .
THE CORPORATION OF THE TOWN OF
PICKERING
Per: