HomeMy WebLinkAbout73-63THE CORPORATION OF THE TOWN OF BOWMANVILLE
BY -LAW NO. 73 -63 ,
BEING A BY -LAW TO ACQUIRE AND EXPROPRIATE AN EASEMENT OVER
AND IN CERTAIN LANDS FOR THE PURPOSE OF ESTABLISHING AND
MAINTAINING A STORY SEWER.
WHEREAS it has become necessary to acquire an
easement over and in cetain lands situate in original Township
Lot 12 in the lst Concession of the Town of Bowmanville, more
particularly described in Schedule "A" attached hereto and
shown on Plan Illustrating Description attached hereto as
Schedule "B" for thepurpose of establishing and maintaining
a storm sewer to carry storm and surface water from lands
under development in original Township Lot 13 in the lst
Concession to the Bowmanville Creek.
NOW THEREFORE pursuant to the Municipal Act
R.S.O. 1970 Chapter 284 Section 336, and The Expropriations
Procedure Act, R.S.O. 1970 Chapter 154, the Council of the
Corporation of the Town of Bowmanville (hereinafter referred to
as "the Town ") HEREBY ENACTS as follows:
1. The Town hereby expropriates an easement in
perpetuity for the purpose of constructing and maintaining a
storm sewer over and in that part of original Township Lot
12 in the lst Concession of the Town of Bowmanville more
particularly described in Schedub "A" attached hereto and
shown outlined in red on a Plan Illustrating Description made
by Donevan & Fleischmann Co. Ltd. dated April 10th, 1973 and
attached hereto as Schedule "B ".
- 2 -
2. The easement hereby expropriates shall be for
the purpose of carrying storm and surface water from lands
under development to the west thereof in original Township
Lot 11 in the lst Concession across the lands expropriated
to the Bowmanville Creek either by means of storm sewer pipes
or through or over an open ditch or spillway.
3. The said easement hereby expropriated shall
include the right to the Town its engineers, surveyors, workmen,
servants, agents, employees, contractors and assignees, or
the employees, workemen, agents and servants of its contractors
or assignees, to enter upon the said lands and to break up, dig,
lay pipes and make connections in, fill in, and use and occupy
so much of the said lands as may be necessary for the purposes
aforesaid during the time of the carrying out and completion of
the said work and from time to time and at all times thereafter
whenever it may be necessary for inspection, repair and
maintenance of the said sewer.
4. The Owners or occupants of the said lands
hereby expropriated shall not be entitled to erect any buildings
or do other work over the said lands so as to injure or endanger
the said sewer or impede or in any way block or hinder the
flow of water in the open ditch--".'.or spilling, nor shall the
Owners or occupants of lands adjoining the lands hereby
expropriated be permitted to use the storm sewer without the
consent of the Council of the Town.
5. It is hereby declared that the Town shall
acquire no interest or estate in ft said lands except as set out
in this by -law.
3 -
6. The Town hereby authorizes and directs the
Mayor and Clerk to do all things and sign all documents
necessary in connection with the giving notices of its
application for approval to expropriate, making arrangements
for representation on behalf of theTown at hearings, and
filing an expropriation plan, settling compensation and
generally performing other matters required to complete
this expropriation pursuant to The Expropriation Act..
7. Notwithstanding the foregoing, the Mayor and
the Clerk are hereby authorized and directed to negdiate with
the owners and mortgagees and any other persons concerned to
settle the compensation to be given for the said lands, provided
that the amount and nature of such compensation shall be
confirmed by resolution of Council unless it is settled in
accordance with the procedures contained in The Expropriations
Act.
Read a first, second and third time and finally
passed this I"�� day of /10'v" 1973.
THE CORPORATION OF THE TOWN OF HOWMANVILLE
Mayor
f �
Clerk
S C H E D U L E " A"
ALL AND SINGULAR that certain parcel or tract of land and
premises situate, lying and being in the Town of Bowmanville
in the County of Durham, in the Province of Ontario and being
composed of Part of Lot 12, Concession 1, in the said Town
of Bowmanville, more particularly described as follows:
PREMISING that the West limit of said Lot 12 has a bearing
of North 17 degrees 59 minutes west and relating all bearings
used herein thereto;
TO find the Point of Commencement begin at the south -west angle
of said Lot 12, Concession 1;
THENCE North 17 degrees 59 minutes west in and along the said
west limit of said lot 12 a distance of 1193.09 feet to the
Point of Commencement;
THENCE North 17 degrees 59 minutes west in and along the west
limit of said lot 12 a distance of 50 feet to a point;
THENCE North 72 degrees 01 minutes east a distance of 29.77
feet to a point;
THENCE North 65 degrees 47 minutes east a distance of 274.23
feet to a point;
THENCE South 24 degrees 13 minutes east a distance of 50 feet
to a point;
THENCE South 65 degrees 47 minutes west a distance of 276.95 feet
to a point;
THENCE South 72 degrees 01 minutes west a distance of 34.49 feet
to the west limit of said lot 12 and the POINT OF COMMENCEMENT.
The above described parcel contains by admeasurement 0.35 acres.
I
�i
uj
®.
0
0
z
z
< NOTE
31: THE N 170 59 'W (ASTRONOMIC) OF THE ROAD
0
-j ALLOWANCE BETWEEN LOTS 12 & 13, GOVERNS
-j ALL BEARINGS SHOWN HEREON.
BOW. I
PLAN
ILLUSTRATING DESCRIPTION
OF PART
OF LOT 12 CONCESSION I
TOWN
OF
BOWMANVILLE
COUNTY
OF DURHAM
scale
100
I
�i
uj
®.
0
0
z
z
< NOTE
31: THE N 170 59 'W (ASTRONOMIC) OF THE ROAD
0
-j ALLOWANCE BETWEEN LOTS 12 & 13, GOVERNS
-j ALL BEARINGS SHOWN HEREON.
t-i td w w co
Ff O O AD H
C) n H
N � � (n �
W c ct
N• (D
N n Cf)
(D w
Z H
NN
O O tt1i
fi F-4 Z)
O ct z
K z
ri) t17
H
H
E
O
x
O
z
c
H
C
C
r1i
1-3
x
trJ
0
O
ro
O
H
z
O
H
x
HK�zU' roH
z O ;d z
y m H 8 G)
Ht2itri w
z ;-dHfC
oCf) >1�C
Cf)
yrrtdy
omzmo
x 0 trJ 'b
HU]�9:0
cn z Di lO
t1i z C�
hJwy
ij 'd
wt F3C�
d
z
O
d
H
trJ
d
z
O
(D
n
N
H
v
W