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Home My WebLink About2005-003 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2005" 003 Being a By-law to authorize an agreement between the Corporation of the Municipality of Clarington and the Regional Municipality of Durham to offer to grant an easement to the Regional Municipality of Durham THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Municipal Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporate Seal, an agreement between the Regional Municipality of Durham, and said Corporation, to offer to grant an easement to the Regional Municipality of Durham for the purpose of installing a Public Alerting System siren. 2. THAT the agreement attached hereto as Schedule "Au form part of the By-law. BY-LAW read a first and second time this 1 ih day of January, 2005 BY-LAW read a third time and finally passed this 17th day of January, 2005 /'J. 7 . '.,' . tlfl)1/t-f!-~; , "- ~/ Mayor " .~~'- - .~~', ':j C ~ 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 185,Toronto, Ontario M5J 2J4 October 21, 2005 DELIVERED Mrs. Patti L. Barrie Municipal Clerk Municipality of Clarington 40 Temperance Street Bowmanville, ON LIC 3A6 Dear Mrs. Barrie: Re: Grant of Easement to Region of Durham Over Part Ion Plan 40R-21972, Part Lot 15, BFC, Township of Darlington now in the Municipality of Clarington for the Purpose of a Public Alert Siren System Pursuant to Addendum Report #EGD-37-03 Pursuant to the resolution passed by the General Pmpose and Administration Committee on January 10, 2005 and By-law 2005-003, I now report that the above transfer of easement to the Region of Durham has been made. I enclose the following document for your records: 1. Transfer of Easement of Part I on Plan 40R-21862 which was registered on October 14, 2005 and receipted as Instrument No. DR437196 to the Region of Durham for the pmpose of a Public Alert Siren System. Yours very truly, DCH:bg Enc!. L~ Dennis C. Hefferon c. Leslie Benson, Engineering Services LRO # 40 Transfer Easement The applicant!s) hereby applies to the Land Registrar. I Properties PIN Receipted as DR437196 on 20051014 yyyy mm dd at 08:57 Page 1 of 3 Description 26606 - 0285 L T Interest/Estate Easement SERVIENT LANDS: PART LOT 15, BROKEN FRONT CONCESSION, TOWNSHIP OF DARLINGTON, NOW DESIGNATED AS PART 1 ON 40R-21972, IN THE MUNICIPALITY OF CLARINGTON, REGIONAL MUNICIPALITY OF DURHAM CLARINGTON .~ Add Easement Address I Consideration Consideration $ 0.00 I 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 Street Bowmanville, Ontario L 1C 3A6 This document is not authorized under Power at Attorney by this party. This document is being authorized by a municipal corporation by The Corporation of the Municipality of Clarington by John Mutton, Mayor and Patti L. Barrie, Municipal Cleric I Transferee(s) Capacity Share Name Address for Service THE REGIONAL MUNICIPALITY OF DURHAM 605 Rossland Road East Box 623 Whitby, Ontario L 1N 6A3 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) Signed 20051013 Tel 416-864-7385 Fax 4168647404 Sandra Lee Mathews 605 Rossland East Box 623 Whitby L1 N 6A3 acting for Transferee(s) Signed 20051014 Tel 905-668-7711 Fax 9056684752 I Submitted By REGION OF DURHAM LEGAL DEPARTMENT Tei 905-668-7711 Fax 9056684752 605 Rossland East Box 623 Whitby L 1 N 6A3 20051014 I Fees/Taxes/Payment Statutory Registration Fee Land Transfer Tax $60.00 $0.00 Total Paid $60.00 LRO # 40 Transfer Easement Receipted as DR437196 on 20051014 yyyy mm dd The applicant(s) hereby applies to the Land Registrar. I File Number Transferor Client File Number: #7840, EASEMENT TO DURHAM at 08:57 Page 2 of 3 . LAND TRANSFER TAX STATEMENTS In the matter of the conveyance of: 26606 - 0285 SERVIENT LANDS: PART LOT 15, BROKEN FRONT CONCESSION, TOWNSHIP OF DARLINGTON, NOW DESIGNATED AS PART 1 ON 40R-21972, IN THE MUNICIPALITY OF CLARINGTON, REGIONAL MUNICIPALITY OF DURHAM BY: TO: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON THE REGIONAL MUNICIPALITY OF DURHAM %(all PINs) 1. MATTHEW LEWES GASKELL lam o (a) A person In trust for whom the land conveyed in the above-described conveyance is being conveyed; o (b) A trustee named in the above-described conveyance to whom the land is being conveyed; o (c) A transferee named in the above-described conveyance; o (d) The authorized agent or solicitor acting in this transaction for THE REGIONAL MUNICIPALITY OF DURHAM described in paragraph(s) (c) above. o (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. o (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) 'v1onies 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 iand(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 (I)) (h) VALUE OF ALL CHATTELS - items of tangible personal property (i) Other considerations for transaction not inciuded 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: This is an easement to a municipality for municipal purposes, nameiy a public alert siren system. 5. The land is not subject to an encumbrance PROPERTY Information Record A. Nature of Instrument: Transfer Easement LRO 40 Registration No. DR437196 Date: 2005/10/14 B. Property(s): PiN 26606 - 0285 Address CLARINGTON Assessment Roll No C. Address for Service: 605 Rossland Road East Box 623 Whitby, Ontario L1N6A3 D. (i) Last Conveyance(s): PIN 26606 - 0285 Registration No. DR47212 (Ii) Legai Description for Property Conveyed: Same as in iast conveyance? Yes '1 No 0 Not known 0 E. Tax Statements Prepared By: Sandra Lee Mathews 605 Rossland East Box 623 Whitby L 1 N 6A3 SCHEDULE 'A' EASEMENT IN GROSS ADDITIONAL COVENANTS The transferors hereby grant, transfer and convey unto the transferee the free, uninterrupted and unobstructed right and easemenllo construct, operate and maintain such public alert siren system together with any and all appurtenances thereto as may be required from time to time on, in, across, under and through the lands described herein as Part of Lot 15, Broken Front Concession, Township of Darlington, now in the Municipality of Clarington, Regional Municipality of Durham, designated as Part 1 on Reference Plan 40R-21972 (the "Lands"); TOGETHER WITH the right of the transferee and its servants, agents, contractors and workmen with all necessary materials, equipment, machinery and vehicles to enter upon the Lands at all times and to pass and re-pass thereon for the purposes of installing, constructing, reconstructing, examining, altering, maintaining, repairing, renewing or replacing the said public alert siren system or any part thereof whether or not any part to be so constructed, installed, repaired, renewed, aitered, replaced or maintained is situated 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 forthe transferee's sole use forever; AND the transferors covenant with the transferee (i) to keep the Lands free and clear of any buildings, structures or obstructions; (ii) not to deposit on or remove any fill from the Lands, and (i ii) nollo do or suffer to be done any other thing which mayor might injure or damage any of the works of the transferee herein; AND the transferors covenant with the transferee that they have the right to convey the said rights and easement to the transferee, notwithstanding any act of the transferors; AND the transferee shall have quiet possession of the said rights and easement, free from all encumbrances; AND the transferors covenant with the transferee that they will execute such further assurances of the said rights and easement as may be required; AND the transferors hereby release to the transferee all claims upon the estate herein conveyed for the rights hereby granted; AND the transferee covenants and agrees with the transferors that it will fill in all excavations and, as far as is practicable, restore the Lands and premises to the condition existing prior to any entry thereon to exercise the rights hereby granted; IT IS UNDERSTOOD and agreed that the burden of this easement and of all the covenants herein contained shall run with the Lands and that this easement and all the covenants herein contained shall be binding upon and enure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns.