HomeMy WebLinkAbout96-193 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 96- 193
Being a by-law to authorize the execution of
an Easement Agreement between The Corporation
of the Municipality of Clarington and Orono
Fuel and Lumber Co. Ltd. for a maintenance
easement over property described as Part 1,
Plan 40R-17208 .
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS
FOLLOWS:
1 . THAT the Mayor and the Clerk are hereby authorized to execute,
on behalf of The Corporation of the Municipality of
Clarington, and seal with the Corporate Seal, an Easement
Agreement between Orono Fuel and Lumber Co. Ltd. and said
Corporation, which is attached hereto and marked Schedule "A" .
BY-LAW read a first and second time this 25th day of November,
1996 .
BY-LAW read a third time and finally passed this 25th day of
November, 1996 .
MAYOR
CLERK
r u1 Transfer/Deed of Land Sown „trbMtaf`r Lb Asea,sar ckd
Ontario Form 1—land Regtstratt ri Reform tact 7175 to
(1) Reglit" t^J land Mae❑ (2) Page 1 of 3 pages
(3) IdmUH re{a) Block prop" nai' rr--tt
— Sdnawe LJ
(4) Consideration
r C"J r.
or1 _ TWO -------r--- ----�-�- Dollars s2.00
LU
Description This Ise: Property Propert
j Division ❑ Cortaolidy
ation ❑
r_ : Part of an unnamed street easterly adjacent to Block"F"and
U. ,—r Part of Lot 28,Concession 5 according to C.G.Hanning's Plan of
o the Village of Orono
O N Property Identif rs � � Municipality of Clariagton
(nnar: Regional Municipality of Durham
scaedu,o Q designated as Part 1 on Plan 40R-17208
FxeouHons
Additional,
see
sccmdure ❑
l
(6)This (a)Redesoription (b)Schedule for: (7) tmarest/Fatale Ttansfarred
Document New Easement �tv11 Additional ttttt�1I 0001W °v1.J�1
CoMalrs Plan/$ketch t01 Description ❑ Parties ❑ Other tat Easements 1
(9)Transfaror(e)The translator hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years old and that
The.property transferred is not ordinarily occupied by me and my spouse,wile is net separated front uie,.as
our family residence.
Date of Signature
Name(s) sture(s) Y M D
MCLAREN,Arthur Henry ,, 1997.:05
(9) Spause(s)of Trsnsfaror(s)I hereby consent to this transaction Date of Signature
Names) Signatures) Y M D
(10) Transfaror(s)Address
W Service P.O.Box 180,Orono,Ontario,
(f1) Transferea(s) Date of Birth
Y M 0
THE CORPORATION OF THE MUNICIPALITY OF CI.AWNGTON -
(12) 11ranaferee(s)Address
for Service 40 Temperance Street Bowmanvillf,Ontario L1C 3A5
(13)11ransfsror(s)The transferor verifies that to the best of the transferor's knowledge and belef.this transfer does not contravene section 50 of the
Planning Act. Date of Signature Dabs of Signature
Y M 0 Y M D
Signature., .. Signature. ............._ .............................
-i Solicitor for Transferors)I have explained the effect of section 50 of the Planning Act 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 Y M D
p Address of
i Solicitor Signature
a (14)Solicitor for ltanaferea(s)I have investigated the title to this land and to abutting land whets relevant and I am satisfied that the title records
reveal no oontravemlon as set out in subclause 5o(22)(o)Qi)of the Planning Aot and that to the best Of my knowledge and belief this transfer
K -ij
does not contravene section 50 of the Planning Act.I act independently of the solicitor for the transfemr(s)and t am an Ontario solicitor in good
ag standing.
mi= Name and
g Address of
Date of
to Solicitor M nature
Signature
(fe)Mitossmawt Roll Number cry. Mon. raw sw. 14r. Peen and T#x
of Property :NOT ASSIGNED
(16) Muniatpai Address of Property (17) Document Prepared by; ut Registration Fee
Nicholas T.Maros 5 t..nd Transfer Tax
Station Street Barrister&Solicitor LU 74,
Orono,Ontario 130 Adelaide Street West
Suite 2500
Toronto,Ontario 0
MSH 2W ° total
^i^ift XF x700 M..;.M,O. QMMrNQW LU
The Transferor hereby transfers to the Transferee, its successors and assigns, the
free, uninterrupted and unobstructed right and easement to construct, operate and
maintain such overland flow route, storm sewers and catchbosins together with any
and all appurtenances, facilities and works (the "Works') as may be required from
time to time in,across, under and through the lands more particularly described in Box
5 hereof (the '!Lands").
TOGETHER with the right of the Transferee, its successors and assigns and its and
their servants, agents, contractors and workman with all necessary materials,
equipment, machinery and vehicle$ to enter upon the Lands (the "Right to Enter') at
all times and to pass and repass thereon for the purpose of installing, constructing,
reconstruction, examining, altering, repairing, renewing or replacing and maintaining
the Works or any part thereof whether or not any part to be so constructed, installed,
repaired, renewed, altered, replaced or maintained is situate on the Lands.,
TO HAVE AND TO HOLD the said easement or right in the nature of an easement on,
in, across, under and through the Lands unto the Transferee, its successors and
assigns for its and their sole and only use forever.
AND the Transferor: a) covenants that it will not erect any buildings or structure, plant
any trees, hedges or shrubs, place or remove any fill on any part of the Lands or
cause or permit any person to interfere in any way directly or indirectly with the
Works or in any way derogate from the easement hereby transferred; b) hereby
releases the Transferee from any and every claim which may or might arise out of the
exercise by the Transferee of any of the rights hereby granted or which may arise out
of the existence,operation,construction,reconstruction,examination,repair,renewal,
replacement and maintenance of the Works; c) 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;d)covenants with the Transferee that ti will
execute such further amraances of the said rights and easements as may be required
by the Transferee;e} covenants to transfer to the Transferee, from time to time, such
other easements on a temporary basis only as the Transferee may reasonably require
to exercise the Right to Enter; and (f) releases to the Transferee all claims upon the
interest hereby transferred.
AND the Transferee shall have quiet possession of the said easement or right in the
nature of an easement, free from all encumbrances and restrictions, save as
SM-10 s•IJ92 Oocu mm a.PV d v"The d:onveyarroer tlge 2 !. i 1 and 1 11 !Cot meMon
Refet to an insinfedons on!averse side. Form 1 —Land TVanskir Ux Act
IN'rHE MATTER OF THE CONVEYANCE OF (rrcedbdefdescdpaonoftandJ
aQuentio_fb dL_"F"and Part of Lot 28,Concession S. C.G.Hannine'g Plan
of-Ozmo,Municipality of .1 rington-$eonnaI unicipalilyofrInARnif designated Part 1,Plan 4QR-172
BY (pMr narrpaa of art trapa/eran In fed)_Arthur Ren MCieren
TO (Ave Imir=don r end print names of w bemro»aa m haul.The Corporation Of The Municipality Of Clarington
�. jeer lmtruethpn sand pdnt nrme(i)fn hWl)�`ichf�lass,MacOS
MAKE OATH AND SAY THAT: ...
1 1 am(place a alem math within Ne touan"Poster Nat one of the loaowlrry pargnpb2 that dmedbea do oapao4y of dw drp".offi)):(svv latruetlon 21
❑ (a) A person in trust for whom the land conveyed In trio above etscflbed conveyance Is being conveyed:
❑ (b) A trustee named in the above-aasenbea conveyance 10 Whom the land is being conveyed:
❑ (C) A transfersa named m Ihv above-described conveyance:
�j (d) The authorized agent or solicitor acting m this transaction for(eueft nem qs)of pdoeiper(q)
Tk ColsporatlQp 0 U'h -Mu!3icipa_lity OIS�ai innton
-. _— described in paragraphs) (N. K (c) above:(zbdro suf nhranaos ro brapprbabte paragnpin)
(el The president,Vice-President.Manager,Secretary,Director,or Tre asurer authorized to act for(Imort nom(s)of eorponrtao(s))
_. described m paragraph(s) (a). (b). (c) Above:(gW"our Woftom to lnepplreahle pangrrpM)
f,JJ (p A lransferee descnbed to paragraph( )(!meet eery ono of paragaph(q,(b)Of(a)above,eo appacable)and am matting Ibis affidavit on my own behaff and on
Denali of(Insert came of spud.)--•—•---- who Is my spouse described
In paragraph( )(Imed only one ofparvgnph(q,(b)or(o)above,v applicable) and as such,1 have personal knowledge Of Ina facts herein deposed to.
2 (To be completed whom the value of the conaldefallon for the convoyarica arceads$400.000).
I have read and considered the definition of'single family residence set Out In clause 1(1)(14)Of the Act.The land conveyed In the above•descAbod conveyance
❑ contains at least one and not more than two single family residences. Note:Clause 2(1)(d)Imposes an addalona(taX at the ram of mn ftatf of ens per
❑ does not contain a single family residence card upon the value of Oonsidandlon In excign of$400,000 where the conveys=
❑ contains more than two single family residences.(see bunuaden 3) eordaltm at least aneand not mom than two single family rnaldeneas.
a 1 have read antl Considered IDs dahmlions of"non-resident CorpotahOn'and-non•tesldenl person"sof out respedlvely In clauses 1(t)(1)and(g)of the Act
and each of the following persons to whom or In trust for whom the land is being canvOyeO In the atxsve-00210bed conveyance Is a'non-resident corporation"
O r a'non•resident person'asset out in the Act. (zee Imbvcvoax 4 and S)
4 THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS:
(a)Monies paid or to be paw In cash . . . . . . . . , . . . . . . . $ 2.0(1
(bl Mortgages (1)Assumed(shuvpdnCW and IofWVW fo be oredRed sgabut pRnbuv pdce)- S --.---,� l
(h)Given back to vendor . . . . . . . . . . . . . . . . . . . . . S Nit
(c)Property transferred in exchange(deter below) . . . . . . . S Nil All Bleats
(d)Securities transferred t0 the value Of rdebdi below) . . . . . . . . . . . . . . . 5 NII Matt Be
(e)liens,lbgaCles,annuities and maintenance charges to which transfer is subject . . . . . $ Nil filed lrs
(1)Olner valuable consideration subject to land transfer lax(drn0 below) . . . . . S Nil
r !rued"NIl'
(g)VALUE OF LAND.BUILDING, FIXTURES AND GOODWILL SUBJECT TO
LAND TRANSFER TAX(I"of(a)(a(1)) S 2.00 S 2.00 when
(h)VALUE OF ALL CHATTELS -Items of tangible personal properly ApiefiQelIfO
(Rahn Safes Ter k payabts on Ilre waluv of an cAana/a wdau#now under
No prowom of the'Row'Sates Tea Avr;/LSO.idea.o.4st(as anwnded) . . . . . . . . . . . . . . . . . . . $ 7N7�1�1
(I)Other consideration for transaction not Included In(9)or(h)above . . . . . . . . . . . . . . . . . . . . . S �—,Nil
(I)TOTAL CONSIDERATION . . . . . . . . . . . S 2.00
S. If consideration is nominal,describe relationship between translator and transferee and stale pufpOSs of conveyance,(see Instruvtfop e)
Tt _
6 It the consideration Is nominal,Is the land subject to any encumbrance?
7 Other remarks and explanations.If necessary ,
Swom before meat ate City of Toronto
in the Municipality of Metropolitan Toronto
this 29th day of Jniy 19 97
(�/ 1 71
A Commissioner for lakin9 Affidavits.etc. /`' �/�-� w '—
Nicholas, T Maces )
Property Information Record For Land Reglatry Office Use Only
A. Describe nature of Instrument:3kanfifer/I)8edcaof Land��,„�, Registration No.
B. (I)Address of property being conveyed(d awnabre)Slati4�Sire.t,.Omm,Ontario
(0)Assessment Roll No.(If annibro)
C. Mailing addresses)for future Nobcas of Assessment under the Assessment Act for property being
conveyed gee)mbvod"7)).�,,� p
9��JC�-+:a+s�a7•.as M9lattallon Dale Land 4.0"Gate.
O (1)ROgiAlration nvmber lot last conveyance of property being convoyed(N 4WO46Nj
(b)Legal description of preporty conveyed: Same as In D.(I)above. Yes❑ NO❑ Not Known❑
E. Name(ii)and rlddress(eS)of each transferees solicitor
lYicholas T Maces Barrister&Solicitor
'1 Adelaide Street Wei Smte 2SQ0 Toronto,Qntario,MSH 2M2
School tax Support(Voluntary Election) See reverse(of etlpfanation
(a) Are all Individual transferees Roman Catholic 7 Yes❑ No l❑
(b) If Yes,do all individual imnsforoes wish to be Roman Catholic Sopafal0 School Supporters? Yes❑ No
(c) DO all Individual translate"have French Language Education Rights? Yes❑ No❑
(d) If Yes,do all Individual Iranslareas wish to support the French Language School Board(Where established)7 Yes❑ No❑
NOTE:As to(o)and(d)the Land bsJng transferred will!s0 asalgnsd to the Ffenah fhtMlC Scheel Board ar Seater UnLau odletadse dlroddad Iii(a)stW(b), 044901904n