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.