HomeMy WebLinkAboutBy-law 448/76THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER
Being a By-law to authorize the execution
of an Easement Agreement between Simon-Henry
Kaptyn Estates Limited, Her Majesty The Queen
In Right Of Ontario As Represented By The
Minister of the Environment and The Corporation
of the Town of Pickering with respect to the
construction of part of the York-Durham trunk
sewer on Plan M-1040.
THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY
ENACTS AS FOLLOWS:
1. The Mayor and Clerk be authorized to execute an
Easement Agreement between Simon-Henry Kaptyn
Estates Limited, Her Majesty The Queen In Right
Of Ontario As Represented By the Minister of the
Environment and The Corporation of the Town of
Pickering with respect to the construction of
part of the York-Durham trunk sewer on Plan M-1040.
By-law read a first, second and third time and PASSED
this X1 9 day of C 71444 1976
C _ ?-
-__;?? sue.
Mayor
\_JAJKA4444
Administrator-C1 rk
Eiji; Grant of Cnaetllent5 madethe 12th day of
February 19 76
PoWern
SIh37N-HENRY KAPTYN ESTATES LDIITED, a Corporation
incorporated under the laws of the Province of Ontario
herein called the Grantor
and
?_?rr Bair5tp El)r Qurrn Ni /,Night of
Ontario 25 r-?rprr5rlltra TCv U)r
:fflini5trr Of U)c C-11biroullirlit
herein called the Crown
THE CORPORATION OF THE TOWNSHIP OF PICKERING,
herein called the Encumbrancer
lVitneg5r(l)
1. The Grantor is entitled to in fee simple and in possession the land herein described subject to the encumbrances
hereinafter described.
2. The Chargee is the registered owner of a mortgage or charge affecting the land of lire Grantor.
3. The (Encumbrancer) has a claim against or an interest in the land of the 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 sewer/water main or mains on the land of the Grantor. ($138,500.00)
5. In consideration of the sum of One Hundred & Thirty-Eight Thousand, Five Hundred/ Dollars
of lawful money of Canada, now paid by the Crown to the Grantor (the receipt whereof is hereby acknowledged) the
Grantor hereby grants and conveys in perpetuity to the Crown, its successors and assigns, the rights and easements:
(a) To enter and lay down, install, construct, maintain, open, inspect, add to, alter, repair and keep in good con-
dition, remove, replace, relocate, reconstruct, supplement and operate one or more sewer/water mains or any part
thereof, including all appurtenances necessary or incidental thereto, on, in, across, under and through the land (herein
called "the strip") described in Schedule "A" hereto annexed;
(b) To keep the strip clear of all brush, trees and other obstructions of any nature whatsoever as may be necessary
to the exercise and for the enjoyment of the rights and casements herein granted;
(e) For the servants, agents, contractors and workmen of and other persons duly authorized by the Crown, at all
times and from time to time to pass and repass with all plant, machinery, material, vehicles and equipment as may be
necessary, along the strip for all purposes necessary or incidental to the exercise and for the enjoyment the rights
and casements herein granted.
The aforesaid rights and casements ate herein granted on the following terms and conditions which are hereby
mutually covenanted and agreed to by and between the Grantor and the Crown:
1. Upon the completion of the construction of the aforesaid sewer/water main or mains and of any installation, re.
placement, maintenance, inspection, repair, alteration or removal work subsequent thereto, the Crown shall till in all
excavations in the strip and as far as practicable tesiore the surface thereof to the s:unc condition as that in which it was
found prior to the comntencenrenl of lire workand shall remove all equipment arid tubbish.
nasoI of 3 MOE 11.171/,/72
;. The Grantor shall not excavate. drill, install, erect, build or permit to be excavated, drilled, installed, erected. or
built, un, in. over, through or under the strip any pit, well, pavement, butldme, structure or other obstruction of any
nature whatsoever without the prior written consent of the Crown, which written consent shall not be unreasonably
withcld 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 oth-,r equipment and appurt-
enances 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.
A., 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-
ence shall be construed as if the grammatical and terminological changes thereby rendered necessary had been made.
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.
.31It UIitnegg Mf)c eof the said parties hereto have hereunto set their hands and seals.
Oigneb beafeb anb nelibereb
In the Presence Of:
SIMON-HENRY KAPTYN ESTATES LIMITED
By ..
Marina Jenkins - Secretary
THE CORPORATION OF THE TOWNSHIP OF
PICKERING
per:
For the Ministet,of the Environment
For and on Behalf of Her Majesty The
Queen in Right of Ontario .
per
MO£ 13 131
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-2972
The said Easement lands are described as follows:
ALL AND SINGULAR that certain parcel or tract of land and
premises registered as Parcel Plan-1
in the register for Section M.1040 (Pickering)
in the Office of Land Titles at Whitby
and being Parts of Lots 1, 4, 7, 10, 13, 16, 19, 22,
25, 26, 30 and 31 in the Town of Pickering in the Regional
Municipality of Durham according to Plan M.1040,
more particularly described as follows:
V T P.q 9 T.V .
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 3, 5, 8, 9, 10, 11, 12, 15, 16, 17 and 20
on registered Plan 40R-2972
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 Parts 4, 6, 7, 13, 14 and 21
on registered Plan 40R-2972 for accession purposes,
for a period not to exceed 12 months from the date of
commencement of construction.
and being the whole of the said parcel.
Affidavit.
I, MARINA JENKINS
of the Borough of North York
in the Municipality of Metropolitan Toronto
make oath and say as follows:
1. I am the Secretary
of SIMON-HENRY KAPTYN ESTATES LIMITED
the corporation named-in the within instrument, and as such
have full knowledge of the facts herein deposed to.
2. The corporation was duly incorporated under the
laws of the Province of Ontario.
3. The corporation is not a non-resident of Canada
within the meaning of Section 116 of The Income Tax Act,
R.S.C. as amended.
4. All recitals in the within instrument are true.
SWORN before me at the
Borough of North York
in the Municipality of
Metropolitan Toronto
this ?f
day of April, 1976
A Comm issiol
Marina l nk
ins
ier etc.
Form 1011 1Rev6edl
Nav.pme and Cllben, Limned, T.mnW
IN THE MATTER OF SUBSECTION 3 OF SECTION 6 OF
THE LAND SPECULATION TAX ACT, 1979
Affiballit
describe
n.turc Of
dism.iti..
I MARINA JENKINS
(print Nme)
_...._. of
50 Graydon Hall Drive, Suite 909, Don Mills, Ontario
(print addrcaa)
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:
Designated land is disposed of to Her Majesty The Queen
in Right of Ontario as represented by the Minister of
Environment,
as provided for by section 4 , clause J ,X'k6':KXXgx of the above Act.
Met.th;. 2. I am the transferor making the disposition referred to in paragraph 1 hereof.
p,r.xr.pb it Since the acquisition of my interest in the designated land that is referred to in para-
graph I 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.
delete thi. 3. -1 mf-anthbrizeti-nrmTitin .by -ttm-tTamferormaici,ig-. µ,,t vrriufe rredfioin
war.ph if a, J' 'ti ^ ?
inapplicable paragraph 1 hereof to make this affidavit.
Since the acquisition of the i_u}rxest-uT-tFie transferor in the de.4grraCe-d and that is
referred to inikaragraoffT hereof and that is being-disrosed of to the transferee named
in-ther'atlached instrument or_writirrg',, no disposition with respect to such designated
'l91'RI-1-ias oc?Jl•PeitiSlfioT-tbilTe QS?bSlti'OIItat'h? S3h?QatiSlEtee.
Sworn before me at the Borough
of North York
in the Municipality
of Metropolitan Toronto
this
Marina Jenkins
day of AP ' 1 19 76.
A Commie ?c?fie ; eic.• ??l?
I orm 100 Nowoome nil Culbert, Limited. T'ommn,
U7, 11r .and 01 rawifrr 01 ax Art, 1974
AFFIDAVIT OF VALUE OF THE CONSIDERATION
IN THE MATTER OF THE CONVEYANCE made
R,vl.ed fl, a... W.I.
by : ---------------- ------------- ----------------------------- ---------------------------- ------------- -----------------------
(identify ------------ _------- ------- _------------------------------ ------------------- ---------- ----------- _---- ---------------------- -_--__-______._.___-_---_.
the partl® to; _HER_MAJESTY---THE---WEEN-- IN__RIGHT._OF---ONTARIO --AS_--------------_-----------
--
comeyance) REPRESENTED BY THE
- - - - - MI
on the day of 119
I, STEPHEN ALT1aERGER --------------------- -----------------------
of the -----City---of- Toronto-- ------------------- ---
- -----------------------------------------------------------------
in the ..... Municipality--of_- Metropolitan,--Toronto--------------------------- _________-____-._
MAKE OATH AND SAY THAT:
This aMd.vit may 1. I am .... the_ solicitor--for___the__Grantee----- ___-_.--___..-______.._..___.___-___________---
be made by the -
purcha%eror ven- named in the within (or annexed) conveyance.
dor or by any one
acting for them
under power of
Htturney or by on 2, 1 have a personal knowledge of the facts stated in this affidavit.
gent accredited
in writing by the
purchaer or ven-
toki :.ether 3. (1) The total consideration for this transaction has been allocated as follows:
of them or by some
person
._----------- _$2 A/,?9
Y___._- ____
approved by the a) Land, buildings, fixtures and goodwill ( ----- - _ _
Minister of
Revenge. (b) Chattels - items of tangible personal property - (see note) _____ $_-nil--_-_-_
TOTAL CONSIDERATION ------------ -------------- ---------------- -- $--2`00-----------
(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) -_--------- ___..----- -- $__ _nl _
(c) Securities transferred to the value of (Detail below) -.__.___ $_. __nil
(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
nil
charges to which transfer is subject _..------ _._.___._..-........ . ....... .. $ -------
(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? ---
--------------------------------- -------nl a----------------- ----------------------- - - ------ ----- -------
6. Other remarks and explanations, if necessary -_ The within conveyance _is __
ex-empt__fxomLand_.Transfer__Tax-as__the-conveyance.-is-.to--The--Crown--
pursuant_ to Section- 2, Subsection- 3.,__The_Land__Transfer_Tax__Act___
Chapter 235, R S.O 1974 -------------------------------------------- __ -______-__
SWORN before me at the City
of Toronto
in the Municipality
of Metropolitan Toronto
if
this d of
I
A COM.'st, Nr 2J A K I
i.
1
976
All I
mw,
All;
NOTE, TO PA RACK A I'll 9( 1)(6): Chstlrl.: Ilrtail .nLc ter it pays bb nn the .alu at on of ilrmv +hnwn in e( lt (b) unh- ,herw i+ r mal`d u r the Pmrisiuns of
The 11, tail Sidra Tait Art R S O. 1n;0 Cl1b as nmrndod. Fur Ih, port,., of in la sffid n"il iru.e rl n).n"r only the "due of 0...I N., it, tnl.l bslue ,I .rhich in the .pinion of thr
d,l.gnenl eitre,ds $100.00. This d..a not rzm;rrvir a i r,hii-r frr.m the payrncut of Ilelsil S:dra Tait on any bo,giblr prr+nmJ Dmlrrt3 us Ig; rt of this t:xu.vtinn. When rhNlrF
an P.,h.1 as part of th1. tranurtiun, with "due or iie, than $100.00, the gbplirdde lax should he p.id by the purchaser to the Treasurer of Ontario and remltt;d W lhr
Minister of Revenue.
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