HomeMy WebLinkAboutBy-law 746/77BY-LAIN -7y?177
REPEALED BY
REPEALS
AMENDED BY
MENDS
DISPOSITION
THE CORPORATION OF THE TOW OF PICKERING
BY-LAW INO. 746 77
Being a By-Law to authorize certain
actions relating to the settlement
of the expropriation by Canada of
certain Municipally-owned
properties
WHEREAS, by Resolution 217/77, made November 14t'1-:, 1977, the
Council of the Corporation of the Town of Pickering accepted, as
full and final settlement, the offer of $392,990.96 from Public
Works Canada for the expropriation by Canada of certain munici-
pally-owned properties;
AND WHEREAS, in order to comply with the terms of the
settlement, certain actions must be authorized bv the Council,
NOW THEREFORE, the Council of the Corporation of the Town of
Pickering hereby enacts as follows:
1. The Mayor and Clerk are hereby authorized and directed to
execute a Release by the Town in the forr.~ attached hereto
as Schedule "A", in favour of Her Majesty the 1,:',aeen v ith
respect to the expropriation by Her Majesty of the lands
more.particularly described therein.
2. The Clerk is hereby authorized to execute a Statutory
Declaration of Possession, in the form attached hereto
as Schedule "B", on behalf of the Town with respect to
the lands more particularly described therein.
3. The Town Solicitor is hereby authorized and directed to
prepare, serve and arrange for the filing of a Consent
by the Town, in the form attached hereto as Schedule
"C", to the Discontinuance of the Town's pending action
number T-2051-74 in the Fede7al Court of Can=.da (Trial
Division) against Her Majesty the Queen.
BY-LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED
THIS l9th DAY OF December , 1977.
ti f
SCT'FDULL "A"
TO BY-LAW 746/7
?
REELEA,SE B'--'
WHEP.E S immediately prior to January 30th, 1973, the ''Corpora-
tion of the Townshin of Pickering was the registered owner of cer-
tain parcels or tracts of ?ands and premises situate, lv.4n and
being in the ownsh3p of Pickering in the County of !'ntario,
Province of ;Ontario,
Summarily described as:
Part o Lot ' ;, Concession fcr the sai• ol,:•r.•-
ship of Pickering and .,ore narticula__ des-
cribed in instrument No. 1_65378, dated + die 19t1
day of July, 1967 and re^ stere-c the llth day
of March, 1968, in the ?egistry Cf ice for t e
Registry Division of he Co of Ontario !10.
AO) and containi-c an area of `4.51 acres more
or less;
Village 'lot No. l ?!_i l l .ge Plan No. I", i l ; t
of Brougham, soP: ship or Pi orar r.,••... ;"'.ore
particularly described i Y qtr C?:t No. 23471,
dated th; 24th day o an S-
tered the 24th ay of ;ucrust, 1-94" an. cant V.
ing an area of .324 acres ncree or 1 F•s.
Part Lot 31, Concession 9, >c : . c,'.c ri, g
and more particularly Clesc iY :-,d 3n tram,:.,.
No. 163700, dated the 19t jay of July,
registered on the l0thi day c`_ 1.360
containing by measurement one t acr :r<, c
less;
Part of Lot 52, Plan Nc. 10, fc c:
Brougham and in part descr-"-,e6 in inst u ' c .
10107, dated the l8th day of January, 185' ..,_
register-d on the 30th da; of 1858 and
containing by measurement 6,177 s_aare feet;
Part of Lot 18, Concession 6, fcr the sa".: '"o-,;: -
ship of Pickering and more particularly descri..e
in Instrument No. 40358 dated ti -e 19t: day of 'a%,,
1965 and containing by measurement 3.13 acres
more or less;
AND WHEREAS the said lands and prem- ses were ex:?ropr sated .-y
Her Majesty the Queen in Right of Canada by registration o a
Notice of Confirmation of an Intention to Expropriate registered
on the 34th day of January, 1973;
P- ND WHEREAS the Corporation of the Tot•.nsh Of Pi-,' _ J
has been dissolved and certain of the rights and - abil'='esof
the said Township of Pickering have been wasted In the Corpora-
tion of the Town of Pickering as of Januar; '_st, 1074;
AND WHEREAS the Corporation of t'?e -own of Pickering ias
received payments on account of the expropriation;
WITNESSETH THAT, in consideration of a further sum of
TWO DOLLARS {$2.00} and other good and valuable consideration,
we hereby acknowledge that the lands herein described have been
duly expropriated by Her Majesty the Queen in Right c` Canada,
and hereby release Her Majesty the Queen, Her Heirs and Succes-
sors, from all clams and demands for severance, depreciaticn,
injurious affection, compensation, damages, interest and. costs
or other natter or thing arising out of or connected with the
expropriation or taking by Her Majesty of the said lands.
IN WITNESS vihereo f the C or_-rj--=a pion e- "he . v.M1.. cf P" L. _ . . ^?
has hereunto set ::ts corporate sea: ?:nee_ the . and of ita. L,-
ized officers, this 19th day of Decer?aer, 1977.
SIGNED, SEALED
& DELIVERED T' E CCRPO , FR? __C. .. vi' ?.. - ,. ,..fray V_ C., e.ii+a
e
TO Y: r :a 786,17 j
1
PROVINCE OF ONTARIO Part o 52{ Pla;: l.v
{
f ..er - e ry.} ate v._ ?.st. .1 i.?
aria in -art L>escribe(l
t 3 st_ ant '.<G, l?t'v' :3'?:eG
e _ h Chu- yr jai, 1"?r , ?ti?
Regional Municipality t a_:..,_ c, :, as ,_ t
~.
of Durham c , l7 s ua_e feet
TO 'WIT:
1. Bruce Taylor, of the To- ,.,-n of l'Jai-
lty of C} rl am,
Bo Solemn1v ec'•. are _ a t :
i. The Corporation of of '
_._. _ t.:_ . s c n•vr
of the above '*en t.o^e_. li_.n .s .... C Ct C1- tenants has been in t F.c actual , 1, -.< V`, ,
sive, o*en, unc'isturaeu ,., _. ....., .. ?t5il.-
tror thereof, and of the . -. c e.. _c::. C-
with since on or about the _.. < . er v ,
2. 1 am not aware of er sc-: cr ?.
any claim or interest the _ i
adverae to or inccnsist t
3. The To=tin's possession and
lands have been undistur1; or
other proceedings or ar'r r c, .,_ _. e - cw
part of any person ?:. r;scn Y a ,
occupation no payment has ev r Y
of title given by the Town, c:-r, f, 1a_ _•?> ?;? -
else, to any person in res c an ____ ar ut.
or claim upon the said ian..=;.
S.
6.
7.
4. The deeds, evidences of title a -d cthe _ s .
been produced by the Town are all the eec e s
of title and other papers relat ii7r, to the _le ,to
c
lands that are in the Tow 's p,o-sessfo or r: ,_,
the best of my knowledge and L?.e - u_ nd
papers produced. and this declarat. cn e.
title fully and fairly disclose all -acts rr:._l
t{.
title claimed by the Town and a-!-- -- act an. eat
which affect the same or any pa _ thereof so far as -
any knowledge thereof.
To the best of my knowledge and belief he uildi:ics s_._ in
connection e:ittt the premises are situate e; _11 -w i th.
limits of the lands above described, and there no to
as to the boundaries of the said lands. _ nave -eve_- -Ord
of any claim of easement affectir, --he lan,_?S, -__-'the_- for
13aht, dralnace, or r_c h.. of way or other -, se.
There are no mechanics' liens registered acainst t o s,_.
lands nor anv claims for which such liens co-ald be _ cis`i_,red.
'it3ere are no executions 1n the Sner_ff's hands afleCt4nU -he
said lands to my knowledge.
8. I am the _Cler'- of th:R Corporation: of the Toex:n of and as such have knowledge of the `acts and matters r_eie-r.
set forth.
AND I make this soiem declaration conscienticus-1v e _` it to
be true and knowing that it is of the same force and _: ec° as if
made under oath and by virtue of The Canada Evidence
. A
r _
DECLAPED before me at the Town
of Pickering in the Reai'onal
Municipality of Durham this }
19th day o Deceriber, 1977. }
i
A Ccz=is>ioner, Etc.
t
SCHEDULE "C"
TO BY-L;--.: 745/73
OF CA2?ADA
--i.:? _ ON
BETWEEN:
Picker: lc:? _°...,
_......
%
within acta.C , _C -s.
c
solii__ _ v' Gr
in, t
TO: Department cf Juszice,
P. 0 Box 57,
Toronto-Dominion Centre,
Toronto, Ontario ``_5. !Elf
TDIVT HE
NG,
an
`?ow o` Picke ni: