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HomeMy WebLinkAbout2004-131 ______ A _._... _r- _. Ir- .... ....._1_ A. ._'1 _r- _. A _....___... CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2004- 131 being a By-law to authorize an Easement Agreement between the Corporation of the Municipality of Clarington and the Region of Durham, in respect to granting an easement over parts 1, 4, 5, 6, 7 and 13, on Plan 10R-1782, Part Lots 11 and 12, Broken Front Concession, former Town of Bowmanville, for the purposes of twinning an existing sanitary sewer THE CORPORATION OF THE MUNICIPAL TIY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1 . That the Mayor and the Clerk are hereby authorized to execute, on behalf of the Municipality of Clarington, with the corporate seal, an Easement Agreement between the Region of Durham, and the Municipality. BY-LAW read a first time this 31st day of May 2004 BY-LAW read a second time this 31st day of May 2004 BY-LAW read a third time and finally passed this 31st day of May 2004 ~ John Mu o~aJlor_ Barrister & Solicitor faC.sjm,ilg (4J61864-7404 f..jl:jiI"!:Nr.....J. I DENNIS C. HEFFERON Barrister & Solicitor Telephone (416) 864-7385 Facsimile (416) 864-7404 E-mail: dhefferon@hefferonlaw.ca Royal Bank Plaza, South Tower 200 Bay Street, Suite 2600 P.O. Box l8S/Toronto, Ontario M5J 2J4 May 26, 2005 Mrs. Patti L. Barrie Municipal Clerk Municipality of Clarington 40 Temperance Street Bowmanville, ON LlC 3A6 Dear Mrs. Barrie: Re: Grant of Easement to Region of Durham for Twinning of Existing Sanitary Sewer: Part of Lots 11 and 12, BFC, designated as Parts 1,4,5,6,7 & 13, 10R-1782: Report PSD-057-04 The Municipality of Clarington granted the above easement to the Region of Durham by Instrument No. DR304338 registered on August 3, 2004. Subsequent to the registration it was noted that the Region required the easement over lands which were only parts of the Parcels shown on the Parcel Registers. In order to correct the problem the Region prepared a new reference plan (plan 40R-23375) setting out the area over which it required the easement. I now enclose the following documents for your records: 1. Transfer of easement of Parts I, 2, 3 and 4 on Plan 40R-23375 which was registered on April 22, 2005 as Instrument No. DR382034 to the Region of Durham for the twiuning ofthe existing sanitary sewer, and 2. Transfer, Release and Abandonment of Easement registered as Instrument No. DR304338 that was initially registered incorrectly. Yours verytru1y, L """'"" .~ ; _t DCH:bg Encls. Dennis C. Heffero ORIGHfAt T~~_ COPIES T:l: ". c. Isabel Little, Planning Services T. Cannella, Engineering Services I .......-..~....---.._~---""...... i 1 -=~~j-31 1 Tho "'nnli1""'nt{~\ hArAhv-;wnIiA.<:: tn the Land Reaistrar. yyyy mm dd Page 1 of2 LRO # 40 Transfer Release & Abandonment Receipted as DR382035 on 2005 04 22 yyyy mm dd at 15:34 Page 1 of2 The app/icant(s) hereby applies 10 the Land Registrar. I Properties PIN Description Address PIN Description Address PIN Description Address PIN Description Address 26644 - 0014 LT Estate/Qualifier Fee Simple (Easement) SERVIENT LANDS; PART OF LOT 11, BROKEN FRONT CONCESSION (DARLINGTON) PART 1, PLAN 10R-1782 MUNICIPALITY OF CLARINGTON REGIONAL MUNICIPALITY OF DURHAM AS IN DR304338 CLARINGTON [~ Remove Easement 26644 - 0124 L T Estate/Qualifier Fee Simple (Easement) SERVIENT LANDS; PART OF LOTS 11 AND 12, BROKEN FRONT CONCESSiON (DARLINGTON) PARTS 1,2,3, 40R-20586, CLARINGTON, REGIONAL MUNICIPALITY OF DURHAM AS IN INSTR. DR304338 CLARINGTON ;r Remove Easement 26644 - 0117 L T Estate/Qualifier Fee Simple (Easement) SERVIENT LANDS; PART OF LOT 26, PLAN H-50078 (BOWMANVILLE) PART 14, PLAN 40R-20224 MUNICIPALITY OF CLARINGTON, REGIONAL MUNICIPALITY OF DURHAM AS IN INSTR. DR304338 CLARINGTON ..r] Remove Easement 26644 - 0015 L T Estate/Qualifier Fee Simple (Easement) SERVIENT LANDS; PART OF LOT 11, BROKEN FRONT CONCESSION AND PART OF LOT 26, PLAN H-50078 PART 17, PLAN 40R-20224 MUNICIPALITY OF CLARINGTON REGIONAL MUNICIPALITY OF DURHAM AS IN INSTR. DR304338 CLARINGTON ':.!: Remove Easement I Consideration Consideration $ 2.00 I Transferor(s) The transferor(s) hereby transfers, releases and abandons the easement to the transferee(s). Name THE REGIONAL MUNICIPALITY OF DURHAM Address for SeMce 605 Rossland Road East Whitby, Ontario L1N6A3 This document is not authorized under Power of Attorney by this party. This document is being authorized by a municipal corporation THE REGIONAL MUNICIPALITY OF DURHAM BY ROGER ANDERSON, REGIONAL CHAIR AND P.M. MADILL, REGIONAL CLERK. I Transferee(s) Share Address for Service Name Capacity THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 Temperance Street Bowmanviile, ON L 1 C 3A6 -~'~"':::.~~,::,,:; I Document(s) to be Deleted Regislration No. Date DR304338 2004/08/03 Type of Instrument Transfer Easement I Statements There are no parties with an interest required to consent to this release of easement. Schedule: This is a full release of easement in DR304338 and relates to all of the lands described herein LKU ff "+U Ilall~11!;:1 .,................ .... ,......."'............._..~ .,_, ,____1.... ___I:~~ 4~ lh...... I ..,,,,,,,J Dnr<;c.-I".",,,. vvvv mm dd PaQe 2 of 2 LRO # 40 Transfer Release & Abandonment The applicant(s) hereby applies to the Land Registrar. I Statements Receipted as DR382035 on 200504 22 yyyy mm dd at 15:34 Page 2 of 2 This document relates to registration no.(s)DR304338 I Signed By Latifun N. Prasad 605 Rossland East Box 623 Whitby L 1 N 6A3 acting for Transferor(s) Signed 20050421 Tel 905-668-7711 Fax 9056684752 Barbara-Ann Gale 2600-200 Bay St., Royal Bank Plaza, South Tower Toronto M5J 2J4 acting for Transferee(s) Signed 2005 04 21 Tel 416-864-7385 Fax 4168647404 I Submitted By REGION OF DURHAM LEGAL DEPARTMENT Tel 905-668-7711 Fax 9056684752 605 Rossland East Box 623 Whitby L 1 N 6A3 2005 05 09 I Fees/Taxes/Payment Statutory Registration Fee $60.00 $0.00 Land Transfer Tax T ota/ Paid $60.00 I File Number Transferee Client File Number: #7698, SANITARY SEWER TWINNING LAND TRANSFER TAX STATEMENTS PART 1, PLAN 10R-1782 l~' ....I(""IDAl lTV nt= rl .6.RIt>J~TnN In the matter of the conveyance of: 26644 - 0014 SERVIENT LANDS; PART OF LOT 11, BROKEN FRONT CONCESSION (DARLINGTON) PART 1, PLAN 10R-1782 MUNICIPALITY OF CLARINGTON REGIONAL MUNICIPALITY OF DURHAM AS IN DR304338 26644 - 0124 SERVIENT LANDS; PART OF LOTS 11 AND 12, BROKEN FRONT CONCESSION (DARLINGTON) PARTS 1,2,3, 40R-20586, CLARINGTON, REGIONAL MUNICIPALITY OF DURHAM AS IN INSTR. DR304338 26644 - 0117 SERVIENT LANDS: PART OF LOT 26, PLAN H-50078 (BOWMANVILLE) PART 14, PLAN 40R-20224 MUNICIPALITY OF CLARINGTON, REGIONAL MUNICIPALITY OF DURHAM AS IN INSTR. DR304338 26644 - 0015 SERVIENT LANDS; PART OF LOT 11, BROKEN FRONT CONCESSION AND PART OF LOT 26, PLAN H-50078 PART 17, PLAN 40R-20224 MUNICIPALITY OF CLARINGTON REGIONAL MUNICIPALITY OF DURHAM AS IN INSTR. DR304338 BY: TO: THE REGIONAL MUNICIPALITY OF DURHAM THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON %(all PINs) 1. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON lam [J (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) L) above, (e) The President, Vice-President, Manager, Secretary, Director, or Treasurer authorized to act for _ described in paragraph(s) U 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 U and as such, I have personal knowledge of the facts herein deposed to. [] (g) A transferee described in paragraph ( ) and am making these statements on my own behalf and on behalf of . _ who is my same-sex partner described above in paragraph(s) U, 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) (ii) Given Back to Vendor (c) Property transferred in exchange (detail below) (d) Fair market value of the land(s) (e) Liens. legacies, annuities and maintenance charges to which transfer is subject (f) Other valuable consideration subject to land transfer tax (detail below) (g) Value of land, building, fixtures and goodwill subject to land transfer tax (total of (a) to (f)) (h) VALUE OF ALL CHATTELS- items of tangible personal property (i) Other considerations for transaction not included in (g) or (h) above Ul Total consideration 2.00 0,00 0.00 0.00 0.00 0.00 0.00 2.00 0.00 0,00 2.00 4. Explanation for nominal considerations: s) other: Exempt transfer for municipal purposes related to sanitary sewer easement PROPERTY Information Record A. Nature of Instrument: B. Property(s): Transfer Release & Abandonment LRO 40 Registration No. DR382035 Date: 2005/04/22 PIN 26644 - 0014 Address CLARINGTON Assessment Roll No PIN 26644 - 0124 Address CLARINGTON Assessment Roll No PIN 26644 - 0117 Address CLARINGTON Assessment Roll No PIN 26644 - 0015 Address CLARINGTON Assessment Roll No C. Address for Service: 40 Temperance Street Bowmanville, ON L 1 C 3A6 D. (i) Last Conveyance(s): PIN 26644 - 0014 PIN 26644 - 0124 PIN 26644 - 0117 Registration No. Registration No. Registration No. DR304338 DR304338 DR304338 (ii) Legal Description for Property Conveyed: Same as in last conveyance? Yes CI No 1,1' Not known .1 LANE> TRANSFER TAX STATEMENTS D. (i) Last Conveyance(s): PIN 26644 - 0015 Registration No. DR304338 (ii) Legal Description for Property Conveyed: Same as in last conveyance? Yes CI No 1,1' Not known .1 E. Tax Statements Prepared By: Barbara-Ann Gale 2600-200 Bay St., Royal Bank Plaza, South Tower Toronto M5J 2J4 Th.... ...............J:....."'nf!c-l harc-hll ~nnlip_1::;; fn fhp. LRnd Reaistrar. yyyy mm dd Page 1 of2 LRO # 40 Transfer Easement Receipted as DR382034 on 2005 04 22 yyyy mm dd at 15:34 Page 1 of2 The applicant!s) hereby applies to the Land Registrar. I Properties PIN Description Address PIN Description Address PIN Description Address 26644 - 0124 LT Estate/Qualifier Fee Simple (Easement) SERVIENT LANDS: PART OF LOT 12, BROKEN FRONT CONCESSION DARLINGTON PART 1 AND 2, PLAN 40R-23375 MUNICIPALITY OF CLARINGTON REGIONAL MUNICIPALITY OF DURHAM CLARINGTON [,(J Add Easement 26644 - 0014 L T Estate/Qualifier Fee Simple (Easement) SERVIENT LANDS; PART OF LOT 11, BROKEN FRONT CONCESSION (DARLINGTON) PART 3, PLAN 40R-23375 MUNICIPALITY OF CLARINGTON REGIONAL MUNICIPALITY OF DURHAM CLARINGTON VI Add Easement 26644 - 0254 L T Estate/Qualifier Fee Simple (Easement) SERVIENT LANDS PART OF LOT 11, BROKEN FRONT CONCESSION (DARLINGTON) PART 4, PLAN 40R-23375 MUNICIPALITY OF CLARINGTON REGIONAL MUNICIPALITY OF DURHAM CLARINGTON [.I] Add Easement I Consideration Consideration $ 2.00 I Transferor(s) The transferor(s) hereby transfers the easement to the transferee(s). Name Address for Service THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON This document is not authorized under Power of Attorney by this party. This document is being authorized by a municipal corporation The Corporation of the Municipality of Clarington by John Mullan, Mayor and Palli L. Barrie, Municipal Clerk. I Transferee(s) Share Capacity Name Address for Service THE REGIONAL MUNICIPALITY OF DURHAM 605 Rossland Road East Whitby, Ontario L 1 N 6A3 Capacity: N/A I Statements Schedule: See Schedules I Signed By Barbara-Ann Gale 2600-200 Bay St., Royal Bank Plaza, South Tower Toronto M5J 2J4 acting for Transferor(s) Sig ned 20050413 Tel 416-864-7385 Fax 4168647404 Latifun N. Prasad 605 Rossland East Box 623 Whitby L 1 N 6A3 acting for Transferee(s) Signed 20050421 Tel 905-668-7711 Fax 9056684752 The -=o~nn/ir::lnt!<::l hprp.hv ;:wnlies to the Land Reaistrar. yyyy mm dd Page 2 of 2 LRO # 40 Transfer Easement Receipted as DR382034 on 2005 04 22 at 15:34 The applicant(s) hereby applies to the Land Registrar. I Submitted By REGION OF DURHAM LEGAL DEPARTMENT Tel 905-668-7711 Fax 9056684752 yyyy mm dd Page 2 of 2 605 Rossland East Box 623 Whitby L 1 N 6A3 2005 05 09 I Fees/Taxes/Payment Statutory Registration Fee Land Transfer Tax $60.00 $0.00 Total Paid $60.00 I File Number Transferor Client File Number: #7698, TWINNING EASEMENT Transferee Client File Number: RE-37-04 LANQ TcRAN:>J-l:K 1 AJ<. ;:, I A 11:1.,1:", ,<) In.jhe matter of the conveyance of: 26644 - 0124 , ..... -. --. PART 1 AND 2, PLAN 40R-23375 r...t1ll\lIrID.ll.1 ITV ()I= r.1 AR]N~T()N 26644 - 0014 SERVIENT LANDS; PART OF LOT 12, BROKEN FRONT CONCESSION DARLINGTON PART 1 AND 2, PLAN 40R-23375 MUNICIPALITY OF CLARINGTON REGIONAL MUNICIPALITY OF DURHAM SERVIENT LANDS; PART OF LOT 11, BROKEN FRONT CONCESSION (DARLINGTON) PART 3, PLAN 40R-23375 MUNICIPALITY OF CLARINGTON REGIONAL MUNICIPALITY OF DURHAM SERVIENT LANDS PART OF LOT 11, BROKEN FRONT CONCESSION (DARLINGTON) PART 4, PLAN 40R-23375 MUNICIPALITY OF CLARINGTON REGIONAL MUNICIPALITY OF DURHAM 26644 - 0254 BY: TO: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON THE REGIONAL MUNICIPALITY OF DURHAM Capacity: N/A %(all PINs) 1. THE REGIONAL MUNICIPALITY OF DURHAM 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 transteree named in the above-described conveyance; (d) The authorized agent or solicitor acting in this transaction for _ described in paragraph(s) U above. (e) The President, Vice-President, Manager, Secretary, Director, or Treasurer authorized to act for _ described in paragraph(s) U 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 U and as such, I have personal knowledge of the facts herein deposed to. (g) A transferee described in paragraph ( ) and am making these statements on my own behalf and on behalf of _ who is my same-sex partner described above in paragraph(s) U. 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) (ii) Given Back to Vendor (c) Property transferred in exchange (detail below) (d) Fair market value of the land(s) (e) Liens, legacies, annuities and maintenance charges to which transfer is subject (f) Other valuable consideration subject to land transfer tax (detail below) (g) Value of iand, building, fixtures and goodwill subject to land transfer tax (total of (a) to (f)) (h) VALUE OF ALL CHATTELS - items of tangibie personai property (i) Other considerations for transaction not included in (g) or (h) above 0) Total consideration 2.00 0.00 0.00 0.00 0.00 0.00 0.00 2.00 0.00 0.00 2.00 4. Explanation for nominal considerations: s) other: Sanitary sewer easement to the Region of Durham for municipal purposes PROPERTY Information Record A. Nature of Instrument: Transfer Easement LRO 40 Registration No. DR382034 Date: 2005/04/22 B. Property(s): PIN 26644 - 0124 Address CLARINGTON Assessment Roll No PIN 26644 - 0014 Address CLARINGTON Assessment Roll No PIN 26644 - 0254 Address CLARINGTON Assessment Roll No C. Address for Service: 605 Rossland Road East Whitby, Ontario L1N6A3 D. (i) Last Conveyance(s): PIN 26644 - 0124 Registration No. DR304338 PIN 26644 - 0014 Registration No. DR304338 PIN 26644 - 0254 Registration No. DR36541 (i1) Legal Description for Property Conveyed: Same as in last conveyance? Yes r No r;rj Not known 0 E. Tax Statements Prepared By: Latifun N. Prasad 605 Rossland East Box 623 Whitbv L 1 N 6A3 . LRCl # 40 Application Delete Housing Development LIen Kecelpteo as Ut(Ji~1/4a on ..!.uuo uo .,)V en V~;':::;J ~, . LRCl # 40 Application Delete Housing Development Lien The applicant(s) hereby applies to the Land Registrar. I Properties PIN Receipted as DR391748 on 20050530 yyyy mm dd at 09:25 Page 1 of 1 Description Address 26651 - 0038 L T Estate/Qualifier Fee Simple Lt Conversion Qualified PT L T 31 CON 3 CLARKE AS IN N89146; TIW N89146; CLARINGTON 3366 CONCESSION ROAD 3 NEWCASTLE I Document to be Discharged Registration No. N113096 19830802 Type of Instrument Certificate Of Lien-Housing Development Act Date I Discharging Party(s) The applicant applies to delete the selected lien Name Address for Service THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 Temperance Street Bowmanville, Ontario L 1C 3A6 I, John Mutton, Mayor and Patti L Barrie, Municipal Clerk, have the authority to bind the corporation. This document is not authorized under Power of Attorney by this party. I Statements The application is based on a release/discharge by the lien claimant. Schedule: See Schedules I Signed By Rhonda Marlene Bishop 499 Browing St Oshawa L 1 H 6S8 acting for Applicant(s) Signed 2005 05 30 Tel 9057232175 Fax 9057238781 I Submitted By BISHOP LEGAL SERVICES 499 Browing St Oshawa L 1 H 6S8 2005 05 30 Tel 9057232175 Fax 9057238781 I FeesITaxeslPayment Statutory Registration Fee $0.00 T olal Paid $0.00 I File Number Discharging Party Client File Number: CLAR1 , , RECITAL On July I, 1993, The Corporation of the Town of Newcastle became The Corporation of the Municipality of Clarington by virtue of the enactment of an amendment to the Regional Municipality afDurham Act, 1993. S.O., 1993, Chap. 3, section 4. Any reference to The Corporation of the Town of Newcastle is deemed to be The Corporation of the Municipality ofClarington by virtue of this Act. !"'" .~ " UI<...... 'J'-1/ JLf '0 0(\ ~ 6U IUJ. lJ I ~~~cd ~ D IZ_::Y1IJef ~ 0(\ ~ 30 105. (j). 113096 (fORGIYDBLE . Y l THE HOUSING DEVELOPlENT ACT R.5.0. 1980, CllAPTEII 209 AND REGULATllIl5lHEREUIlOER C E R T I fIe ATE 0 f LIE NOR C MAR G E PursUlllt to the proyisions of SectiOll 3, Subsections 1 to 4 of the Houstng and Oevel_nt ~t. R.S.O.. 1980. CI1lIpter 209. The COrporation of the T.... of .....stle cl.tms a lien in the lands described 1101.. i. the _ of 14.000.00 io respect of . I... .de to Ada Elsi. tim. ..... the followtog _ .nd concItttons: TlIe .... of $4.000.00 shall be forgiven .t the rate of l6OO.oo for eech year of occupancy. The following is a descrtpttOll of the l.nd to be cIlarged: ALL AND SINGIJlAR that certain parcel or tract of loncl .nd _ises sttoate, lying .nd being In the Town of Newcastle, In the Reg10nal ,,",lctpal1t)' of ~rIlanI (fo....rly the T....ship of Cl.rke. in the CoIlnty of ~rhul) .nd ......i_ of Ontario. being CllIIllOsed of pert of the e.st half of the IOIIlMst ....rter of Lot 31, i. the Thtrd Concesston of s.id T_ of .....stl.. sald ent hall of _st quarter 1II)l'O .cc...tely described .s the eeslorly 3ZO feet of even .tdtll throughout of sout....st ....rter of ..id Lot 31 .nd partlcul.rly described as fon....: PREMISING thet .n bearings heretn .re referred to the northerly HlIlt of the road .n_nee betfteeft concessi OIlS 2 and 3 of the T_ of Nelo:astle. in the Regtonal IUIictpelity of ~rIlanI, being north n degrees, 34 .tnutes. 50 seccmds ent (N72'34'50'El; C<MlENCING .t an iron bar .rklng . point in the southerly Hmit of Lot 31. Concession 3 in the said Town. distant 340.0 feet IIOre or less ll8lsured north 72 degrees. 34 IIlnutes, 50 seconds east (1!12'!4'50'E) _long frOI the ...th- Wlst corner thereof; ~ conttnuing nortll 72 deg...... 34 IIlnutes. 50 seconds east (M72'34'50'E) along the southerly1i.tt of said lot 156.0 feet..... or less to an tron bar; ~ north 17 degrees. 35 minutes. 50 seconds _ (I172'35'50'Wl 145.0 feet..... or less to an iron blr, ~ ...terly and panllel .Ith the s.id southern Hlit of said lot 156.0 feet to 6 point; THEIICE southerly .nd panllel to the e.sterly Heit of tile ..id parcel 145.0 feet we or less to the point of C~ct!llent. TOOETHER mH a right-of-way in. over and lIpon I strip of land adJlcent to the easterly Holt of the l.nds herein descrtbed being. ...Ifo... width of 15 feet ..d """,ing f_ the northerly liolt of the ..Id parc.l to the northerly HlIlt of the said road .ll....ce betMeen conces.lons 2 .nd 3. Dated .t the TOIm of.,/Ieecastle this 28th day of North 1!l83. The Corpo Ion of the Tom of Neecastle Vl es, e - - �%4 113096 AL 1�r0. ► ri�w�rrNeniw�� i Am 2 2 o6PN'83 THE wkroaanoN of TINT xvw TOWN OF NEWCASTLE w Ryrn• CERTIFICATE OF LIEN OR CHARGE f < O L� Brief Property Description Re: Part Lot 31, Concession 3 former Township of Clarke now the Town of Newcastle Corporation of the Town of Newcastle 40 Temperance Street Bowmanrille, Ontario. LIC 3A6.