Loading...
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