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Home My WebLink About2005-080 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2005- 080 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 grant and easement over Parts 5,6 and7 on Plan 40R-23375, Part lot 11, Broken Front Concession, former Town of Bowmanville, for the purposes of a sanitary sewer. 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 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 2nd day of May 2005 BY-lAW read a second time this 2nd day of May 2005 BY-lAW read a third time and finally passed this 2nd day of May 2005 a4~k Joh utton, ayS'~:---: . ~ '05JUN22 PM 3:49:31 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 June 20, 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 Over Parts 5, 6 and 7, Plan 40R-23375, Part Lot 11, BFC for the Purpose of a Sanitary Sewer Pursuant to Report #PSD- 065-05 Pursuant to the resolution passed by Clarington Council on May 2, 2005 and By-law 2005-080, I now report that the above grant of easement to the Region of Durham has been effected. I enclose the following document for your records: 1. Transfer of Easement of Parts 5, 6 and 7 on Plan 40R-23375 which was registered on June 3, 2005 and receipted as Instrument No. DR393967 to the Region of Durham for the purpose of a sanitary sewer. Yours very truly, DCH:bg Enc1. A - ~r'DT-----.:itOir ~D . C H f'" (;lfR~.__ . o - f ennlS . e llfTon .." .. ,~,~~, AG1( BY ___"N~l,.~~"'H~. J) c. Isabel Little, Planning Services Tony Cannella, Engineering Services GRlG.H1Al TO: COPIES Tl}. .- -"=-'~~ l-,.,_,-.....,,_~"'_...~-..~_ i I !==-:=~::: :~~=' J.---...~...""_."._- ':!u:::~~ '5 ' ~ .....".. ' .... ...,' ""'. ~, LRO # 40 Transfer Easement Receipted as DR393967 on 2005 06 03 yyyy mm dd at 14:10 Page 1 of 2 The applicant(s) hereby applies to the Land Registrar. I Properties PIN Description 26644 - 0015 L T Estate/Qualifier Fee Simple (Easement) SERVIENT LANDS; PART OF LOTS 27 TO 33 INCLUSIVE PLAN H-50078 PART 5, PLAN 40R-23375 MUNICIPALITY OF CLARINGTON REGIONAL MUNICIPALITY OF DURHAM CLARINGTON ["] Add Easement Address PIN 26644 - 0254 L T Estate/Qualifier Fee Simple (Easement) Description SERVIENT LANDS PART OF LOTS 32 TO 38 BOTH INLUSIVE PLAN H-50078 PART 6, PLAN 40R-23375 MUNICIPALITY OF CLARINGTON REGtONAL MUNICIPALITY OF DURHAM Address CLARINGTON ["] Add Easement PIN 26644 - 0014 L T Estate/Qualifier Fee Simple (Easement) Description SERVIENT LANDS PART OF LOTS 36, 37 AND 38, PLAN H-50078 PART 7, PLAN 40R-23375 MUNICIPALITY OF CLARINGTON REGIONAL MUNICIPALITY OF DURHAM Address CLARINGTON ["] Add Easement I Consideration Consideration $2.00 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, ON L 1 C 3A6 This document is not authorized under Power of Allorney by this party. This document is being authorized by a municipal corporation by The Corporation of the Municipality of Clarington by John Mullon, Mayor and Palli L. Barrie, Municipal Clerk. I Transferee(s) Capacity Share Name Address for Service THE REGIONAL MUNICIPALITY OF DURHAM 605 Rossland Road East Whitby, Ontario L1N6A3 Capacity: N/A I Statements Schedule: See Schedules I Signed By Barbara-Ann Gale 2600-200 Bay St., Royal Bank Plaza, South Tower T aronto M5J 2J4 acting for Transferor(s) Sig ned 20050531 Tel 416-864-7385 Fax 4168647404 Latifun N. Prasad 605 Rossland East Box 623 Whitby L 1 N 6A3 acting for Transferee(s) Signed 2005 06 01 Tel 905-668-7711 Fax 9056684752 1 The applicant(s) hereby appties 10 the Land Registrar. I Submitted By REGION OF DURHAM LEGAL DEPARTMENT Tel 905-668-7711 Fax 9056684752 LRO # 40 Transfer Easement Receipted as DR393967 on 20050603 at 14:10 yyyy mm dd Page 2 of 2 605 Rossland East Box 623 Whitby L 1 N 6A3 2005 06 03 I Fees/Taxes/Payment Statutory Registration Fee Land Transfer Tax Total Paid $60.00 $0.00 $60.00 I File Number Transferor Client File Number: Transferee Client File Number: #7814, GRANT EASEMENT TO REGION RE-25-05 LAND TRANSFER TAX STATEMENTS In the matter of the conveyance of: 26644 - 0015 SERVIENT LANDS; PART OF LOTS 27 TO 33 INCLUSIVE PLAN H-50078 PART 5, PLAN 40R-23375 MUNICIPALITY OF CLARINGTON REGIONAL MUNICIPALITY OF DURHAM 26644 - 0254 SERVIENT LANDS PART OF LOTS 32 TO 38 BOTH INLUSIVE PLAN H-50078 PART 6, PLAN 40R-23375 MUNICIPALITY OF CLARINGTON REGIONAL MUNICIPALITY OF DURHAM 26644 - 0014 SERVIENT LANDS PART OF LOTS 36, 37 AND 38, PLAN H-50078 PART 7, PLAN 40R-23375 MUNICIPALITY OF CLARINGTON REGIONAL MUNICIPALITY OF DURHAM 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 [J (a) A person in trust for whom the land conveyed in the above-described conveyance is being conveyed; II (b) A trustee named in the above-described conveyance to whom the land is being conveyed; G'J (c) A transferee named in the above-described conveyance; [] (d) The authorized agent or solicitor acting in this transaction for _ described in paragraph(s) U above. :-1 (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 L) and as such, I have personal knowledge of the facts herein deposed to. l] (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) L). 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 Q) 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 pursuant to By-law 2005-080 of Municipality of Clarington PROPERTY Information Record A. Nature of Instrument: B. Property(s): Transfer Easement LRO 40 Registration No. DR393967 Date: 2005/06/03 PIN 26644 - 0015 Address CLARINGTON Assessment Roll No PIN 26644 - 0254 Address CLARINGTON Assessment Roll No PIN 26644 - 0014 Address CLARINGTON Assessment Roll No C. Address for Service: 605 Rossland Road East Whitby, Ontario L1N 6A3 D. (i) Last Conveyance(s): PIN 26644 - 0015 Registration No. DR24209 PIN 26644 - 0254 Registration No. DR382034 PIN 26644 - 0014 Registration No. DR382034 (ii) Legal Description for Property Conveyed: Same as in last conveyance? Yes [] No ;~] Not known [J E. Tax Statements Prepared By: Latifun N. Prasad 605 Rossland East Box 623 Whitbv L 1 N 6A3 . EASEMENT IN GROSS ADDiTIONAL COVENANTS The transferor hereby grants, transfers and conveys unto the transferee the free, uninterrupted and unobstructed right and easement ("easement") to construct, operate and maintain such sanitary sewer or sewers 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 (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 repass thereon for the purposes of installing, constructing, reconstructing, examining, altering, maintaining, repairing, renewing or replacing the said sanitary sewer or sewers or any part thereof whether or not any part to be so constructed, installed, repaired, renewed, altered, replaced or maintained is situated on the Lands; TO HAVE AND TO HOLD the easement or right in the nature of an easement for the transferee's sole use forever; AND the transferor covenants 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 (iii) not to 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 transferor covenants with the transferee that it has the right to convey the said rights and easement to the transferee, notwithstanding any act of the transferor; AND the transferee shall have quiet possession of the said rights and easement, free from all encumbrances; AND the transferor covenants with the transferee that it will execute such further assurances of the said rights and easement as may be required; AND the transferor hereby releases to the transferee all claims upon the estate herein conveyed for the rights hereby granted; AND the transferee covenants and agrees with the transferor that it will fill in all excavations and, as far as is practicable, restore the Lands to the condition existing prior to any entry thereon to exercise the rights hereby granted. IT is UNDERSTOOD and agreed by and between the parties hereto that the burden of the easement and of all the covenants herein contained shall run with the Lands and that the easement and all the covenants herein contained shall be binding upon and enure to the benefit of the transferor and the transferee and their respective heirs, executors, administrators, successors and assigns. ***************** CERTIFICATE #: NO DE CERTIFICAT: 00939255-3179379B * CLEAR / LIBRE * ***************** C E R T I F I CAT E / C E R T I F I CAT SHERIFF AT: REGIONAL MUNICIPALITY OF DURHAM (WHITBY) SHERIF A DATE OF CERTIFICATE: 2005-06-03 DATE DU CERTIFICAT : THIS CERTIFIES THAT THERE ARE NO WRITS OF EXECUTION, EXTENT OR CERTIFICATES OF LIEN IN MY HANDS AT THE TIME OF SEARCHING AGAINST THE REAL AND PERSONAL PROPERTY OF: JE CERTIFIE, PAR LA PRESENTE, NE PAS AVOIR DE BREF D'EXECUTION, NI DE CERTIFICAT DE PRIVILEGE, NI D'ORDONNANCE EN MA POSSESSION AU MOMENT DE LA RECHERCHE VISANT LES BIENS MEUBLES OU IMMEUBLES DE: SURNAME / NOM GIVEN NAMES / PRENOM(S) ------------------------------------------------------------------------ ------------------------------------------------------------------------ (COMPANY/COMPAGNIE) THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON CAUTION TO PARTY REQUESTING SEARCH: ENSURE THAT THE ABOVE INDICATED NAME IS THE SAME AS THE NAME SEARCHED THIS NAME WILL REMAIN CLEAR UNTIL THE CLOSE OF BUSINESS THIS DATE. AVERTISSEMENT A LA PARTIE QUI DEMANDE LA RECHERCHE: ASSUREZ-VOUS QUE LE NOM INDIQUE CI-DESSUS EST LE MEME QUE CELUI QUI EST RECHERCHE. CET ETAT DEMEURE VALIDE JUSQU'A LA FIN DE LA JOURNEE DE TRAVAIL. CHARGE FOR THIS CERTIFICATE FRAIS POUR CE CERTIFICAT $ 11.00 \