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Home My WebLink About2010-120THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON BY LAW 2010--120 being a by-law to stop up and close as a public highway portions of road allowance and to authorize the conveyance of Parts 1 and 2 on Registered Plan 40R-25751 to Simon Tonkinson and Tracy L. Tonkinson WHEREAS by an amendment to The Regional Municipality of Durham Act, (S.O. 1993, Chap 3, Section 1) on July 1, 1993, The Corporation of the Town of Newcastle was continued as a town municipality under the name The Corporation of the Municipality of Clarington; and WHEREAS the Council of The Corporation of the Municipality of Clarington at its meeting of April 7, 2008 approved the recommendations in Report EGD-011-08. NOW THEREFORE the Council of The Corporation of the Municipality of Clarington hereby enacts as follows: That the road allowance described as all of the unnamed Street between Block 1 and 2, C.G. Hanning's Plan, being Part of Lot 28, Concession 5, in the former Township of Clarke, now designated as Parts 1 and 2 on Plan 40R-25751 is hereby stopped up and closed as a public highway. 2. That the sale and transfer to Simon Tonkinson and Tracy L. Tonkinson of all of the unnamed Street between Block 1 and 2, C.G. Hanning's Plan, being Part of Lot 28, Concession 5, in the former Township of Clarke, now designated as Parts 1 and 2 on Plan 40R-25751, s/t an easement in favour of Bell Canada over Part 2, 40R-25751, is approved. 3. That the Mayor and Clerk are authorized on behalf of The Corporation of the Municipality of Clarington to execute all documents necessary to effect the transfers. By-law read a first and second time this 4th day of October, 2010. By -law read a third time and finally passed this 4th day of October, 20't0 Trim, [deputy Mayor Barrie, Municipal Clerk LRO # 40 .Application To Register Bylaw Receipted as DR944925 on 2010 10 25 at 15:07 The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 1 of 1 Properties PIN 26684 - 0007 LT 0 Redescription Description UNNAMED STREET BTN BLKS 1 & 2 ,NOW DESIGNATED AS PARTS 1 AND 2, PLAN 40R-25751; (LT 28 CON 5 CLARKE) PLAN VILLAGE OF ORONO CLARKE (ORONO); CLARINGTON Address ORONO Applicant(s) This Order/By-law affects the selected PINS Name THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Address for Service 40 Temperance St. Bowmanville, Ontario L1 C 3A6 This document is being authorized by a municipal corporation Charlie Trim, Depuly Mayor and Patti Barrie, Municipal Clerk. This document is not authorized under Power of Attorney by this party. Statements This application is based on the Municipality By-Law No. BYLAW NO. 2010-120 dated 2010/10/04. Schedule: See Schedules Signed By Joanne Marie Barchard 40 Temperance St. acting for Signed 2010 10 25 Bowmanville .Applicant(s) L1 C 3A6 Tel 9056233379 Fax 9056236020 I have the authority to sign and register the document on behalf of the Applicant(s). Submitted By MUNICIPALITY OF CLARINGTON -LEGAL 40 Temperance SL 2010 10 25 Bowmanville L1C 3A6 Tel 9056233379 Fax 9056236020 Fees/Taxes/Paymenf Statutory Registration Fee $60.00 Total Paid $60.00 File Number Applicant Client File Number: EGD-011-08 LRO # 40 Transfer Easement Receipted as DR944934 on 2010 10 25 at 15:20 The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 1 of 4 Properties PIN 26684 - 0007 LT InteresUEstate Easement ^/ Add Easement Description SERVIENT LANDS: PART OF THE UNNAMED STREET BETWEEN BLOCK 1 AND 2, C. G HANNINGS PLAN, (BEING PART OF LOT 28, CONC. 5; VILLAGE OF ORONO, GEOGRAPHIC TOWNSHIP OF CLARKE), NOW DESIGNATED AS PART 2 ON PLAN 40R-25751, MUNICIPALITY OF CLARINGTON, REGIONAL MUNICIPALITY OF DURHAM Address ORONO Considerafion Consideration $ 0.00 Transferor(s) The transferor(s) hereby transfers the easement to the transferee(s). Name THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Address for Service 40 Temperance St. Bowmanville, Ontario L1C 3A6 EGD-011-OB f, Jim Abernethy, Mayor, and Patti Barrie, Municipal Clerk, have the authority to bind the corporation. This document is not authorized under Power of Attorney by this party. Transferee(s) Capacity Share Name BELL CANADA Address for Service 100 Borough Drive Floor 5 Blue Toronto, Ontario M1P4W2 Stafements Schedule: See Schedules Signed By uoanne nnarie t3archard 40 Temperance St. Bowmanville L1C 3A6 acting for First Signed 2010 10 25 Transferor(s) Tel 9056233379 Fax _9056236020 Joanne Marie Barchard 40 Temperance St. Bowmanville L1C 3A6 acting for Last Signed 2010 10 27 Transferor(s) Tel 9056233379 Fax 9056236020 I have the authority to sign and register the document on behalf of all parties to the document. Joanne Marie Barchard 40 Temperance St. Bowmanville L1C 3A6 ailing for First Signed 2010 10 25 Transferee(s) Tel 9056233379 Fax 9056236020 LRO # 40 Transfer Easement The applicant(s) hereby applies to the Land Registrar. Receipted as DR944934 on 201010 25 at 15:20 ,,,. ..... _.. ~ ..y„ ~..~ Signed By duanne mane narcnara 40 Temperance St. acting for Last Signed 20101D 27 Bowmanville L1 C 3A6 Transferee(s) Tel 9056233379 Fax 9056236020 I have the authority to sign and register the document on behalf of all parties to the document Submitted By murvic~NAU I r OF CLARINGTON -LEGAL 40 Temperance St. 2010 10 27 Bowmanville L1C 3A6 Tel 9056233379 Fax 9056236020 Fees/Taxes/Payment Statutory Registration Fee $60.00 Provincial Land Transfer Tax $0.00 Total Paid $60.00 File Number Transferor Client File Number: EGD-011-08 LAND TRANSFER TAX STATEMEN' - In the matter of the conveyance of: 26684 - 0007 SERVIENT LANDS: PART OF THE UNNAMED STREET BETWEEN BLOCK 1 AND 2, C. G HANNINGS PLAN, (BEING PART OF LOT 28, CONC. 5, VILLAGE OF ORONO, GEOGRAPHIC TOWNSHIP OF CLARKE), NOW DESIGNATED AS PART 2 ON PLAN 40R-25751, MUNICIPALITY OF CLARINGTON, REGIONAL MUNICIPALITY OF DURHAM BY: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON TO: BELL CANADA 1. SUSHANNAH SPATARO, MANAGER DEV 8 MUN SERVICES %(all PINS) lam ^ (a) A person in trust for whom the /arid conveyed in the above-described conveyance is being conveyed; ^ (b) A trustee named in the above-described conveyance to whom the land is being conveyed; ^ (c) A transferee named in the above-described conveyance; ^/ (d) The authorized agent or solicitor acting in this transaction for BELL CANADA described in paragraph(s) (c) above. ^ (e) The President, Vice-President, Manager, Secretary, Director, or Treasurer authorized to act for described in paragraph(s) ^ above. ^ (f) A transferee described in paragraph ()and am making these statements on my own behalf and on behalf of who is my spouse described in paragraph (~ and as such, I have personal knowledge of the facts herein deposed to. 3. The total consideration for this transaction is allocated as follows: (a) Monies paid or to be paid in cash 0.00 (b) Mortgages (i) assumed (show principal and interest to be credited against purchase price) D.00 (ii) Given Back to Vendor 0.00 (c) Property transferred in exchange (detail below) 0.00 (d) Fair market-value of the land(s) 0.00 (e) Liens, legacies, annuities and maintenance charges to which transfer is subject 0.00 (f) Other valuable consideration subject to land transfer tax (detail below) 0.00 (g) Value of land, building, fixtures and goodwill subject to land transfer tax (total of (a) td (f)) 0.00 (h) VALUE OF ALL CHATTELS - items of tangible personal property 0.00 (i) Other considerations for transaction not included in (g) or (h) above 0.00 Q) Total consideration 0.00 Explanation for nominal considerations: o) Transfer of easement or right of way for no consideration: ~• r ne land is not subject to an encumbrance PROPERTY Information Record A. Nature of Instrument: Transfer Easement LRO 40 Registration No. DR944934 Date: 2 0 1 0/1 012 5 B. Property(s): PIN 26684 -0007 Address Assessment ORONO Roll No C. Address for Service: 100 Borough Drive Floor 5 Blue Toronto, Ontario M1P 4W2 D. (i) Last Conveyance(s):. PIN 26684 -0007 Registration No. null (ii) Legal Description for Property Conveyed : Same as in last conveyance? Yes ^ No .Q Not known ^ E. Tax Statements Prepared By: Joanne Marie Barchard 40 Temperance St. Bowmanville L1 C 3A6 EASEMENT WHEREAS the Transferee is the owner in fee simple of those lands and premises (the "Transferee's lands") being composed of Parts of Town Lots 6 and 6 on the North side of Adelaide Street West according to the Plan of the Town of York and designated as Parts 1 and 2, Plan 63R-545, City of Toronto, (the Dominant Lands); WHEREAS the Transferor is the owner in fee simple of lands described as: All of the unnamed Street between Block 1 and 2, Hanning's Plan, (being Part of Lot 28, Concession 5, Village of Orono, Geographic Township of Clarke), Municipality of Clarington, Regional Municipality of Durham, designated as Parts 1 and 2 on Plan 40R-25751, (the "Property"); THE TRANSFEROR grants and transfers to the Transferee, its successors and assigns to be used and enjoyed as appurtenant to the Transferee's lands, a free and unencumbered easement (the "Easement") in perpetuity upon, over, in under and across lands more particularly described as Part of the unnamed. Street between Block 1 and 2, Hanning's Plan, (being Part of Lot 28, Concession 5, Village of Orono, Geographic Township of Clarke), Municipality of Clarington, Regional Municipality of Durham, designated as Part 2 on 40R-25751, (the "Easement"), which constitutes the Servient Lands; 1. The rights to construct, operate, maintain, repair, replace, renew, or make additions at all times to telecommunications facilities (the "Facilities) or any part forming part of continuous lines between the Transferee's lands and other lands including without limitation, all necessary buried cable and wires, conduits, conduit structures, maintenance holes, appropriate foundations, containing all components connecting to the Transferee's network, underground vaults, cabinets, grounding wells, markers, fixtures, equipment, and all appurtenances thereto, provided that none of these Facilities shall be in excess of three metres in height. 2. The right of free and unimpeded access at all times to the Transferee, its contractors, agents, employees, vehicles, equipment, and supplies to and over the Easement Lands; 3. The right of free and unimpeded access at all times to the Easement Lands from and over the Property or abutting road allowances or abutting rights-of-way for the purpose of exercising the rights hereby granted. 4. The right to remove, trim, sever, or fell any obstructions such as trees, roots, brush, stumps, boulders or rock encountered during the course of construction or subsequent maintenance of the Facilities; THE TRANSFEROR shall have the right to fully use and enjoy the Easement, Lands provided that without the prior written consent of the Transferee, such consent not be unreasonably withheld, the Transferor shall not place any buildings or other structures, or dig, drill, pave, or excavate within the Easement Lands. THE TRANSFEREE shall: 1. Be responsible for any damage caused at any time by its agents or employees to the Property. When practical, the Transferee after any of its activities, shall restore the Property appropriately. The subsequent maintenance of the Property shall be the responsibility of the Transferor 2. Indemnify and save the Transferor harmless from all actions, causes of actions, suits, claims and demands of every nature and kind whatsoever which maybe made against the Transferor relating to or arising out of the placement of the Facilities by the Transferee and for which the Transferee, in law, is responsible. 3. Be responsible for any portion of property taxes increased as a direct result of this Easement and/or the Facilities; 4. Ensure that the Facilities adhere to applicable government noise regulations. NOTWITHSTANDING any rule bf law or equity and even though any of the Facilities may become annexed or affixed to the Easement Lands, title to the Facilities shall nevertheless remain in the Transferee. THIS AGREEMENT including all rights, privileges, and benefits herein contained shall extend to, be binding upon, and enure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. THE TRANSFEREE, in the event it grants a release of Easement, may abandon the Facilities annexed/affixed to the Easement Lands at its option. LRO # 40 Transfer Receipted as DR944939 on 2010 10 25 at 15:32 The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 1 of 2 Properties P1N 26684 - 0007 LT Interest/Estate Fee Simple ~ Redescription Description UNNAMED STREET BTN ELKS 1 & 2 ,NOW DESIGNATED AS PARTS 1 AND 2, PLAN 40R-25751; (LT 28 CON 5 CLARKE) PLAN VILLAGE OF ORONO CLARKE (ORONO); Sfi EASEMENT OVER PART 2, 40R25751 AS IN DR944934 Address ORONO Consideration Consideration $ 10,000.00 Transferor(s) TV.e tr.,....f......i_~ ~___~ ~°~ "°'°°l ~'~~~~~~~~ ~~~_ ~a~~~ iu uro iransrereetsl. Name THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Ad_ dress for Service 40 Temperance St. Bowmanville, Ontario L1C 3A6 This document is not authorized under Power of Attorney by this party. This document is being authorized by a municipal corporation Jim Abernethy, Mayor and Patti Barrie, Municipal Clerk. Transferee(s) Capacity Share Name Date of Bath Address for Service Name Date of Birth Address for Service TONKINSON, SIMON 1960 05 15 97 Mill St. Orono, Ontario L1B 1M0 TONKINSON, TRACY LOUISE 1960 O5 22 97 Mill St. Orono, Ontario L1B 1M0 Joint Tenants Joint Tenants Statements Schedule: Purusant to Municipality of Clarington by-law 2010.120, registered as Instrument Number DR944925. Tracy L. Tonkinson riamed in Instrument DR944925 and Tracy Louise Tonkinson herein are one and the same. The land is being acquired or disposed of by the Crown in Right of Ontario or the Crown in Right of Canada, including any Crown corporation, or any agency, board or commission of the Crown; or a municipal corporation. Signed By Andrew Connor Allison Tel 9056233379 Fax 9056236020 Andrew Connor Allison Tel 9056233379 Fax 9056236020 40 Temperance St. Bowmanville L1 C 3A6 40 Temperance St. Bowmanville L1C 3A6 acting for First Signed 2010 10 25 Transferor(s) acting for Last Signed 2010 10 27 Transferor(s) I have the authority to sign and register the document on behalf of all parties to the. document. ,- LRO # 40 Transfer Receipted as DR944939 on 2010 10 25 at 15:32 The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 2 of 2 Signed By Andrew Connor Allison 40 Temperance St. actin for Bowmanville 9 First Signed 2010 10 25 Transferee(s) L1 C 3A6 Tel 9056233379 Fax 9056236020 Andrew Connor Allison 40 Temperance St. actin for Bowmanville L1C 3A6 9 "Last Signed 2010 10 27 Transferee(s) Tel 9056233379 Fax 9056236020 I have the authority to sign and register the document on behalf of all parties to the document. Submitted By ~.~~~.~~~~ ~~~ ~ ~ ~r w+rcuvV I VIV - LtIiAL 40 Temperance St. Bowmanville L1 C 3A6 Tel 9056233379 fax 9056236020 2010 10 27 Fees/Taxes/Payment statutory Registration Fee $60.00 Provincial Land Transfer Tax $50.00 Totat Paid $110.00 File Number Transferor Client Fite Number. EGD-011-08 LAND TRANSFER TAX STATEMEN' In the matter of the conveyance of: 26684 - 0007 UNNAMED STREET BTN ELKS 1 8 2 ,NOW DESIGNATED AS PARTS 1 AND 2, PLAN 40R-25751;{LT 28 CON 5 CLARKE) PLAN VILLAGE OF ORONO CLARKE (ORONO); SR EASEMENT OVER PART 2, 40R25751 AS IN DR944934 BY: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON TO: TONKINSON, SIMON Joint Tenants %(all PINS) TONKINSON, TRACY LOUISE Joint Tenants %(all PINS) 1. TONKINSON, SIMON AND TONKINSON, TRACY LOUISE lam ^ (a) A person in trust for whom the land conveyed in the above-described conveyance is being conveyed ^ (b) A trustee named in the above-described conveyance to whom the land is being conveyed; ^/ (c) A transferee named in the above-described conveyance; ^ (d) The authorized agent or solicitor acting in this transaction for -described in paragraph(s) (, above. ^ (e) The President, Vice-President, Manager, Secretary, Director, or Treasurer authorized to act for described in paragraph(s) (, above. - ^ (f) A transferee described in paragraph ()and am making these statements on my own behalf and on behalf of who is my spouse described in paragraph (, and as such, I have personal knowledge of the facts herein deposed to. 3. The total consideration for this transaction is allocated as follows: (a) Monies paid or to be paid in cash (b) Mortgages (i) assumed (show principal and interest to be credited against purchase price) 10,000.00 0.00 (ii) Given Back to Vendor (c) Property transferred in exchange (detail below) 0.00 (d) Fair market value of the land(s) 0.00 (e) Liens, legacies, annuities and maintenance charges to which transfer is subject 0.00 (f) Other valuable consideration subject to land transfer tax (detail below) ' 0.00 (g) Value of land, building, fixtures and goodwill subject to land transfer tax (total of (a) to (f)) 0.00 (h) VALUE OF ALL CHATTELS -items of tangible personal property 10,000.00 (i) Other considerations for transaction not included in (g) or (h) above 0.00 Q) Total consideration 0.00 PROPERTY Information Record 10,000.00 A. Nature of Instrument: Transfer LRO 40 Registration No. DR944939 Date: 2010/10!25 B. Property(s): PIN 26684 - 0007 Address Assessment - ORONO Roll No C. Address for Service: 97 Mill St. Orono, Ontario L16 1M0 D. (i) Last Conveyance(s): PIN 26684 - 0007 Registration No. DR944934 (ii) legal Description for Property Conveyed : Same as in last conveyance? Yes ^ No Q Not known ^ E. Tax Statements Prepared ey: Andrew Connor Allison 40 Temperance St. Bowmanville L1C 3A6