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HomeMy WebLinkAbout By-law 1760/83THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1760 /83 Being a by-law to authorize the execution of a Release of the terms of a Demolition Agreement between the Corporation of the Town of Picketing and the Durham Region Roman Catholic Separate School Board respecting Part Lot 24, Concession 2, Picketing, designated as Parts 11, 12 and 13, Plan 40R-5723. WHEREAS the Corporation of the Town of Pickering and the Durham Region Roman Catholic Separate School Board entered into a Demolition Agreement dated March 15th, 1982 and registered April 1st, 1982 as Instrument No. D137111; and WHEREAS it is now deemed expedient to release the Durham Region Roman Catholic Separate School Board from the provisions of the said Agreement; NOW THEREFORE, the Council of the Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a Release respecting the terms of a Demolition Agreement, in the form attached hereto as Schedule between the Corporation of the Town of Picketing and the Durham Region Roman Catholic Separate School Board respecting Part Lot 24, Concession 2, Pickering, designated as Parts 11, 12 and 13, Plan 40R-5723. BY-LAW read a first, second and third time and finally passed this December , 1983. 5th day of Clerk TOWN OF PICKERING APPROVED AS TO FORM LEGAL DEPT. Schedula "A" to B~;-law 1760/83 RELEASE In consideration of the sum of Two Dollars ($2.00) paid to it, receipt of which is hereby by it acknowledged, THE CORPORATION OF THE TOWN OF PICKERING hereby releases and forever discharges THE DURHAM REGION ROMAN CATHOLIC SEPARATE SCHOOL BOARD its heirs, executors, administrators, successors and assigns of and from all claims, demands, actions or causes of action which may have arisen, are arising, or may arise as a result of or in any way related to an Agreement dated March 15th, 1982 and registered as Instrument No. D137111 on April 1st, 1982 between THE CORPORATION OF THE TOWN OF PICKERING and THE DURHAM REGION ROMAN CATHOLIC SEPARATE SCHOOL BOARD concerning the lands more particularly described in Schedule "A'r at- tached hereto. IN WITNESS WHEREOF the Corporation of the Town of Pickering has hereunto affixed its corporate seal attested by its properly authorized officers this day of , 1983. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk SCHEDULE "A" ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Pickering, in the Regional Municipality of Durham and Province of Ontario and being composed of those parts of Lot 24, Concession 2, designated as Parts 11, 12 and 13 on a plan of survey of record deposited in the Land Registry Office for the Registry Division of Durham (No. 40) as Plan 40R-5723, AS DESCRIBED in Instrument No. D137111. THIS AGREEMENT made in triplicate this 15th day of March, 1982. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE FIRST PART, THE DURHAM REGION ROMAN CATHOLIC SEPARATE SCHOOL BOARD hereinafter called the "Owner" OF THE SECOND PART. WHEREAS the Owner is the o%~er in fee simple of the hereby, upon which is presently located a dwelling to as the "present dwelling"; and lands affected (hereinafter referred WHEREAS the Land Division Committee of the Regional Municipality of Durham, by decision (LD 73/80) dated February 25th, 1980, approved an application for consent to convey the lands affected hereby, for church purposes only, subject to conditions, one of which provides as foIlows: That the applicant agree that the two existing houses be dealt with (removed if necessary) to the satisfaction of the Town of Pickering prior to the issuance of a building permit for church purposes, and WHEREAS one of those existing houses has been demolished since ?ebruary 25th, 1980; and %~EP~AS it is necessary to provide for the demolition of the present dwelling prior to the issuance of a building permit for the construc- tion of a church building on the lands affected hereby; NOW THEREFORE, THIS AGREEmeNT WITNESSETH THAT, in consideration of the sum of Two Dollars ($2.00) paid ~ each Party to the other, receipt of which is hereby acknowledged by each, the Parties hereto agree as follows: The lands affected hereby are those lands more particularly des- cribed in Schedule "A" hereto. The Owner shall, within 90 days of the issuance to it of an occupancy permit respecting a church building, remoue the present dwelling from the lands affected hereby. - 2 - The Owner agrees that in default of its performance of its obli- gation under section 2 hereof, the Town may, upon 10 day's written notice to the Owner, provided by registered mail, directed to it at its address set out on the application for the church building building permit, enter the lands affected hereby and remove the present dwelling at the Owner's sole expense and for the purpose of such removal by the Town, the Owner hereby appoints the Town as its agent. The Owner further agrees that in the event that the Town enters and removes the present dwelling pursuant to the provisions of section 3 hereof, the cost of such removal may be assessed against the lands affected hereby and collected in the same manner as taxes. This Agreement and everything herein contained shall enure to the benefit of and be binding upon the respective heirs, executors, administrators, successors and assigns of the Parties hereto. IN WITNESS WHEREOF the Parties hereto have hereunto affixed their respective Corporate Seals, duly attested by the hands of their proper officers authorized in that behalf. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING rk THE DURHAM REGION ROM3LN CATHOLIC SEPARATE Per: (~~. _ Per: SCHEDULE "A" ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Picketing in the Regional Municipality of Durham and Province of Ontario and being composed of those parts of Lot 24, Concession 2, designated as Parts 11, 12 and 13 on a plan of survey of record deposited in the Land Registry Office for the Registry Division of Durham (No. 40) as Plan 40R-5723.