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HomeMy WebLinkAboutBy-law 848/78THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 848/78 Being a by-law to authorize the execution of a Grant of Easement between the Cor- poration of the Town of Pickering and Her Majesty The Queen In Right of Ontario as represented by the Minister of the Envir- on ment with respect to Part Lot 18, Broken Front Range 3. 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 Her Majesty The Queen In Right of Ontario. BY-LAW read a first, this 10(1 day of second and third time and finally PASSED PX , 1978. Clerk 040 J14W SCHEDULE "A" To By-Law #848/78 Tf i ; Grant of (Lagementg made the 17th day of April le 78 prtlurrll THE CORPORATION OF THE TOWN OF PICKERING herein called the Grantor and '()rr S lajr5ty Ulf 011M, hi i;igl)t Of Ontario 0s; Brprr5rn1rb , 181) TI)r Sflilli5tcr Of TI)c C libiromnrnt herein called the Crown -hrmn r-Aru t-rhu-MoTru-- and - =ziwr*ia:;37G: t4.a>n?tF?r?m'2?=- - N K ?si{r ofy Fn-G?alx or I.vl t I I r55rt l) 1. Mlle Grantor is entitled to in fee simple and in possession the land herein described subject to the encumbrances hereinafter described. _'. The Chargee is the « gis(eted owner of a mortgage or charge affecting (lie land of the Grantor. i. 1'hc Wricumhrzncer) has a claim against or an nlfcrest in lite land of the Grantor of sllch tlalllre as to constitute film an encumbrancer Ihereol. 4. I'ulsuartl to The Ontario Water Kesrnrrces Act, and amendments thereto, the Crown has erected or is about to erect, a sC wCr/",Jlcf main or nla ns on the Lind of ll Gran ur. otter good and vaiouable consideration and s. In consideration of/he sin, of -----------------TWO ($2.00) ---------------- Dollars of lawful money of Canada, now, paid h% file Crown to lire Grantor (tile receipt whereof is herch- acknowledged) the Grantor beleby grants and conveys in p,rpcluily to the Crown. its succeswrs and aligns, the rights and easements: (a) To ,tiler :old lay down. install. construct, maintain. open. inspect, add to, alter, repair and keep in good c(in- ditio u, remove, replace, relocate, reconslnlcl, supplement And operate one or more sewer/water mains or a11)' pall thereof. including all appurlenam es necessary or lrleldelltal Ihcreto. on. tai, across, under And lbrougb the land (herein called "Ibe strip") desc riled in Schedule "A" hcreto anncsed: (h) 1o keep (lie strip clear of all brush. trees and other ubstrllcllolr.t of ally nature whatsoever as May he lleeessan' Ill the exercise and IIr the cujoymoot of the rights and casements herein granted; to) Vol file senanls, agents. contractors and workmen of and other persons duly authuri/ed by the Crown, if all tines and from time to lime to pass and repass with all plant. machinery, material, vehicles and equipment as may he mccessarv, along the strip for all purposes necessary or incidental to flit exercise and for the enjoyment of the rights :n1d casements herein granted. The aforesaid rights and casements are herein granted on the following terms and conditions which arc herchy mutually covenanted and agreed to by and between the Grantor and file Crown: 1. (;Pon the crnnpleliou of the construction of file aforesaid sewerlwater main or mains and of am Installation. re- placement, olainfenance, inspection. repair. Alteration or removal work subsequent thereto, the Crossn hill fill in all eseavations in file strip and as far is practicable restore the surface thereof to file same condition as that in which it ss-as brunt poor go file conunencenlcnt of the work.and shall remove all equipment and rubbish. P.".. I.,I .1 "Of 1]-131/5/11 page lA 5. IN consideration of the granting of the easements herein, the Crown hereby assumes all liability for, and hereby agrees to be responsible for any and all claims, demands or actions brought against the Grantor resulting from the actions of the Crown, its agents or contractors, or workmen thereof in connection with the construction of the forcemain installation across the "Pickering Spur Line". 6. IT is also understood and agreed that the Crown shall indemnify the Grantor against and hold it harmless from any and all liability for damages on r!ct:nt of injury to persons or damage to property resulting from or arising out of or in any way connected with the presence of the Crown, its servants, agents, or employees and persons duly authorized by the Crown, on 1_he property above described and shall reimburse the Grantor for all costs, expenses and loss incurred by it in consequence of any claims, demands and causes of action which may be brought against it arising out of the presence of the Crown its servants, agents or employers and pel_sons duly authorized by the Crown on the lands herein described. 7. IT IS acknowledged by the Crown that the easement granted herein is subject to any prior or future rights of the Grant?- Canadian National Railways or any other private y oper a rail service vacility over the subject lands. _'. 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 IO and so as not to interlcre with the rights and easements hereby granted to file Crown. ?. Notwithstanding any rule of law or equity, the sewer/water main or mains and all uth_r equipment and appurt. minces brought on to, laid on or erected upon, or buried in or under the strip by the Crown shall at all limes remain the property of the Crown notwithstanding that the same may be annexed or affixed to the freehold and shall at any time and floor time to time be removable in whole or in part by the Crown or its successors and assigns. 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 tu, 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. lence shall be construed as if the rammatical and lerminolrcal oc iangis tther bwirkreld nevpuiPadtbeen made. ** Page 1A attached Aereto orms pa 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 easements as may be requisite. And the Grantor covenants with the Crown that he has done no act to encumber the said land save as aforesaid. In Ul itnegg MbEreof the said parties hereto have hereunto set their hands and seals. THE CORPORATION OF THE TOWN OF PICKERIh ;Z)igntb §ealrb anb 33efibereb In the Presence Of: For the Minister of the Environment For and on Behalf of Her Majesty The Queen in Right of Ontario ........................................................................................... per ( ) MOE ]a-1]I n.ye 2 ar SCHEDULE "A" The Crown its agents, servants, successors and assigns has the right to enter upon a strip or strips as shown on the Plan of Survey registered as Plan No. 40R-4334 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 composed of part of Lot 18, Broken Front Range 3 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 Part 3 on registered Plan 40R-4334 SECONDLY: A temporary easement in favor of Her Majesty the Queen in Right of Ontario as Represented by the Minister of the Environment for access for the construction of a sewer/water main or mains over Part 5 8 and 11 on registered Plan 40R- 4334 for accession purposes, for a period not to exceed 12 months from the date of commencement of construction. Form 1072 nlcv6ed) Nr..ome xrd GiN-A, Umltrd, Toronto IN THE MATTER OF SUBSECTION 3 OF SECTION 5 OF THE LAND SPECULATION TAX ACT, 1974 MfOaijit I, . ..... ..._ X the..... (print name) ofTHE CORPORATION OF THE TOWN OF PICKERING (print address) MAKE OATH AND SAY THAT: 1. I verily believe that the disposition of designated land evidenced in the attached instru- ment or writing is exempt from the tax imposed by subsection 1 of section 2 of the above Act by virtue of the disposition being: daeribe Designated land is disposed of to Her Majesty The Queen nxt°?nt in Right of Ontario as represented by the Minister of dislw.ition Environment, as provided for by section 4 , clause J ,X7G>i&tx of the above Act. of the corporate delet<thi. 2. I am the/transferor making the disposition referred to in paragraph 1 hereof. p ph it inapplitppr<xme Since the acquisition of my interest in the designated land that is referred to in para- graph 1 hereof and that is being disposed of to the transferee named in the attached instrument or writing, no disposition with respect to such designated land has occurred prior to the disposition to the said transferee. Me t,thi. 3. anr?Attllraed itrwTiting?t tyre lrairsf?vrnrakhTg-the slrns4iurrTefen-ed-to-itr p.rxxr.ph it irapplirable paragraph I hereof to make this affidavit. -- Since the acquisition of the_inierest-vT*jie transferor in the des mrea land that is referred to inlu?a?na¢t Y hereof and that is being-4isl56-sed of to the transferee named i4-theaftached instrument or_v.riting-,no disposition with respect to such designated 7:tfiT7"has occuiie't?"ISi?o7?.bThe LTgY67,IVDITIGVT1!-cihrp;r(rs7c-ee. Sworn before me at the of in the of this day of 1978 A Commissioner, etc. Form 105E Affidavit - The Planning Act Rrct"t Art "Id. only Nrw.omr .nd G11trrt M-h,d. T°n,at,. IN THE MATTER OF THE PLANNING ACT (as amended) AND IN THE MATTER OF THE TITLE TO Part of Lot 18, B.F.C. Range 3, PICKERING °^d•°^s? AND IN THE MATTER OF A GRANT OF EASEMENT/ A.r.rmrnt of THEREOF, FROM The Corporation of the Town of Pickering TO HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF THE ENVIRONMENT DATED April 17th, 1978 I, of THE CORPORATION OF THE TOWN OF PICKERING of the Town of Pickering in the Regional Municipality of Durham MAKE OATH AND SAY AS FOLLOWS: Corporate 1. I am 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 nrirv (a.j-T}re-?r-esc?rtegestea'ed-ow?errloesxeE-refaiK#kc-feeerE-Ire{?uzf1?-efredentytivrr-z+t-vra If not porves-orTrg4rE#a gran#,Y sigx?rerciscdpvmtrrof}enfinext?ctkrespccfteany Ia n? rr bTCt Ling thy-lntrct- ¢?ccterl-?n,?-E?te - f.1-a rtt- vt- -i?ast?rm}lrtf f3?ec3 su? (b) The Land (or interest therein) described in the Transfer (of Easement) is being acquired by the Crown. n pursuant to Section 29, 2(c) of The Planning Act. SWORN before me at the in the this day of 1978. c O?.?vbOM.. ron 1 .wu+c.1 r?O.vgi (to "Form 100 Nr-. rnr nd CilLerl Lio IUd, Toronto L,TIlr Kanh 01 rawifrr C' ax Art, 19 M AFFIDAVIT OF VALUE OF THE CONSIDERATION IN THE MA'T'TER OF THE CONVEYANCE made by: _. THE CORPORATION OF THE TOWN OF PICKERING -_-------------- ------------------- - ----------------------------------------------------- ------------- ----------- --------------------- ----------- ------------- -------- ------------------- --------------- - ----. (idently the p.rtirs to: _HER-MAJESTY--TH,F--.QUEEN__IN-RIGBT-OF...ONTARIO ---AS----- ----__--__._ to the rnmry.nrrl __ -REPRESENTED BY THE-_MINISTER_ OF--THE--ENVIRONMENT--------___._ on the 17th day of April 19 78 IN . and I, ------ -STEPHEN--ALTi4ERGER----------- ------------------------ ----- ------ ---- --- --------- - - --- - --- ---------------------- ofthe -- --City of_,Toro__nto----------------------- ------- ----------- ------------------------------ in the ___ Mun is ipal ity- of_ Metrogo 1 itan--Toron_to------------------ -------- -------------------------- MAKE OATH AND SAY THAT: This .frd.+it may 1. the solicitor for-_the Gra_ te.e ---_-------_----. --- --- ----- I and __ __ ----_-- --- -- --- _-- bc male by the _. - - - -- -_ - _ - - pnrrh.-,r.1 v-- named in the within (or annexed) conveyance. dor or by ny one .sting for them under power of eF er,or by .? r d" 2. I have a personal knowledge of the facts stated in this affidavit. a dfe in writing by the porch ass ven- the dor or by the n or or Tither 3. (1) The total consideration for this transaction has been allocated as follows: th of of them or some other pe?n .ppro,rd by Ly the (a) Land, buildings, fixtures and goodwill ------ ._____._____......... __.... ... $_2.OQ____-- vor of Reavenna a. (b) Chattels -items of tangible persona] property - (see note) ----- .. _$__ni_1__-_-___ TOTAL CONSIDERATION - -------- - --- ---- --- ---------------- - ---- $_.2_._09.------- - (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) --------------- _---------- -- $__ _n11 (c) Securities transferred to the value of Detail below ---- ---- _---------- -- rill ----------------- (d) Balances of existing encumbrances with interest owing at date of transfer __._---- _---- ---- .___ ------ -- $_ __nil - - nil (e) Monies secured by mortgage under this transaction ------- -- $-- --- (f) Liens, legacies, annuities and maintenance charges to which transfer is subject ..--..___.____-.-____.-___.--__.___-__. _.$__ -nil (9) 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? -_.___-- ---------- ---------------------- ............... n1a-- - - -- --- - ----- - --- -- - --- ------ ------------- --------- 5. If so, what is the relationship between Grantor and Grantee? _._._.__.._----------- ------ n/a nce- is 6. Other remarks and explanations, if necessary -The within conveya --------------- - - exemp_t._.from --Land _Transfer..Tax.as..-the_.conveyance_is--tn_.The-"Crown- pursuant to_-Section_2,__Subsection--3-,---The-_-Land-_Tran-sfer_TaxAGt..__ Chapter 235, R.S.O 19.74 __ -------- ------- - ------- -- -- SWORN before me at the City of Toronto in the Municipality of Metropolitan Toronto this 17th day of April 19 78 ---------=--- ---------- Stephen Altwerger - {A?15000D. R 11n INGAFF IB cOm '=`rref, eta, Jud'cal Distrlot of fork. for A!twcrrer, Lipotvich 8 Lupowich, oalrislors. Ezpues May 10, 1979. NoTS: To PARACRAPH 5111161: Chutai 1UIIit .ub, t.. i. 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