HomeMy WebLinkAbout92-90
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 92- 90
being a by-law to authorize the transfer of an
easement in a portion of Old Highway No. 2 for
a watermain to the Regional Municipality of
Durham.
WHEREAS the Council of The Corporation of The Town of Newcastle has
approved the recommendations of Report WD-31-92 including the
recommendation that an easement in a portion of Old Highway No. 2
for the purposes of the construction and maintenance of a watermain
be transferred to the Regional Municipality of Durham to service
the lands within Registered Plan of Subdivision 40M-16B6 which are
known as Aspen Springs Subdivision.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
NEWCASTLE HEREBY ENACTS AS FOLLOWS:
1. The transfer of an easement by The Corporation of The Town of
Newcastle to the Regional Municipality of Durham, its
successors and assigns in Part 1 shown on plan of survey of
record deposited in the Land Registry Office for the Land
Registry Division of Durham (No. 40) as Plan 40R-13B99 for the
purpose of the construction and maintenance of a watermain
together with any and all appurtenances thereto as may from
time to time be required to be transferred, to be made for a
nominal consideration and to contain terms satisfactory to the
Regional Municipality of Durham and the Director of Public
Works of The Corporation of the Town of Newcastle, is hereby
authorized to be made.
2. The Mayor and Clerk are authorized to execute the transfer of
easement referred to in section 1 on behalf of The Corporation
of The Town of Newcastle.
BY-LAW read a first and second time this 23rd day of March, 1992.
BY-LAW read a third time and finally passed this 23rd day of March,
1992.
IR~L~J.~<???~
MAYOR
CLERK
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Form No. 970
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Province
of
Ontario
Transfer/Deed of Land
Fonn 1 - Land Registration Refonn Act, 1984
A
(1) Registry []Pc
(3) Property
ldentlfler(s)
Land Titles 0 T(2) Page 1 of
Block Property
2 pages
Additional:
See 0
Schedule
(4) Consideration
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(5) Description
This is a:
Property
Division 0
Dollars $
Property
Consolidation 0
2.00
Additional:
See
Schedule
In the Town of Newcastle (formerly Town of
Bowmanville) in the Regional Municipality of Durham
being composed of Part Lot 14, Concession 1,
designated as Part 1, Plan 40R-13899
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Executions
Additional:
See
Schedule
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(6) This (a) Redescription (b) Schedule for:
Document New Easement
Contains Plan/Sketch 0 Description 0
Additional
Parties 51 Other if]
(7) Interest/Estate Transferred
Fee Simple
WATERMAIN EASEMENT
(8) Transferor(s) The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years old and that
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. . ... . . . . . . . . . . . . . . . . . . . . . . . . .
(9) Spouse(s) of Transferor(s) I hereby consent to this transaction
Name(s)
Signature(s)
Date of Signature
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(10) Transferor(s) Address
for Service
(11) Transferee{s)
40 Temperance street, Bowmanville, Ontario L1C 3A6
Date of Birth
Y M D
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." ,~~ .~~~9~~.~~G~P.~I~X, OF,DURHAM.."..,."..".,......""".".......... j, .19921.,. J...,
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, . . .G.. .HE.RREMA, ,REGIONAL .cHA.IR, , . , , . . . , , . . . , . O.W.' 'LUNDY',' 'REG:rONAlJ 'CI:.ERK' . , , , , , . ~. . , , , ,1, , . 1. , , ,
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(12) Transferee(s) Address
forServIce 605 Rossland Road East, Whitby, Ontario L1N 6A3
(13) Transferor(s) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 49 of the
Planning Act, 1983. Date of Signature Date of Signature
: Y 1M", D i I Y I MID
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Signature, , . , . . , . , . . , , , . . . , , . , . . , .:. . , , , ,:, , . J , , .: Signature"."".,..".."",."". ,I . , . , , .;. , , J , , , .
Solicitor for Transferor(s) I have explained the effect of section 49 of the Planning Act, 1983 to the transferor and I have made inquiries of the transferor
to determine that this transfer does not contravene that section and based on the Information supplied by the transferor, to the best of my knowledge
and belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature
Name and 1 Y I MiD
Address of S' t ! !!
Solicitor Igna ure. , , , . , . , , . , , , , , , , , , , , , , , , , .. , . . , , '.. . , ., , , , .
(14) SoBeltor for Trenaferee(s) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records
reveal no contravention as set out in subclause 49 (21a) (c) (Ii) of the Planning Act, 1983 and that to the best of my knowledge and belief this
transfer does not contravene section 49 of the Planning Act 1983. I act independently of the solicitor for the transferor(s) and I am an Ontario
solicitor in good standing.
Name and
Address of
Solicitor
Date of Signature
Y M 0
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Signature. , . , , , , , . , , . , . , . , , , , , ' , , , , .!, , . . , ,
(15) Assessment Roll Number
of property
(16) Municipal Address of Property
Not available
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Map. I SUb.! Par. !:
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(17) Document Prepared by:
Legal Department
Region of Durham
605 Rossland Road
Whitby, Ontario
. AGT-69-91
East
L1N 6A3
m Fees and Tax
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Form No. 990
~ Province
of
_. Ontario
Schedule
Page
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Form 5 - Land Registration Reform Act, 1984
Additional Property ldentlfler(s) and/or Other Information
ADDITIONAL COVENANTS
The Transferors hereby transfer to the Transferee, its successors and assigns, the free,
uninterrupted and unobstructed right and easement to construct, operate and maintain such
watermain or watermains together with any and all appurtenances thereto as may be required
from time to time in, across, under and through the lands more particularly described in
Box 5 hereof.
TOGETHER with the right of the Transferee, its successors and assigns and its and their
servants, agents, contractors and workmen with all necessary materials, equipment,
machinery and vehicles to enter upon the said lands at all times and to pass and repass
thereon for the purposes of installing, constructing, reconstructing, examining, altering,
repairing, renewing or replacing (including replacement with watermain or watermains of
larger size or capacity) and maintaining the said watermain or watermains or any part
thereof whether or not any part to be so constructed, installed, repaired, renewed,
altered, replaced or maintained is situate on the land described in Box 5 hereof.
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 in Box 5 hereof unto the Transferee, it
successors and assigns for its and their sole and only use forever.
AND the Transferor covenants that it will not erect any buildings or structure, place or
remove any fill on any part of the said lands described in Box s.
AND the Transferor hereby releases the Transferee from any and every claim which mayor
might arise out of the exercise by the Transferee of any of the rights granted by this
indenture or which may arise out of the existence or operation of the watermain or
watermains and accept the consideration mentioned herein in full satisfaction of all such
claims, provided the Transferee fills in all excavations and as far as is practicable,
restores the surface to the condition existing prior to any entry thereon to exercise the
rights hereby granted.
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.
AND the Transferor covenants with the said Transferee that it will execute .~uch further
assurances of the said rights and easements as may be requisite.
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