HomeMy WebLinkAboutBy-law 1511/82THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1511/82
Being a By-Law to authorize the execution
of Driveway Approach Licence Agreements
WHEREAS pursuant to the provisions of section 310.1 of the Municipal
Act, R.S.O. 1980, chapter 302, the council of a local municipality
may pass by-laws for licensing the use of untravelled portions of
highways under the jurisdiction of the council to the owners or
occupants of adjoining property for such consideration and upon such
terms and conditions as may be agreed; and
WHEREAS therefore the Town requires certain landowners to enter into
Licence Agreements for the purpose of controlling driveway approaches
constructed with interlocking brick; and
WHEREAS it is anticipated that such Agreements will be required in
many situations, and it is deemed desirable to provide an expeditious
processing of such Agreements;
NOW THEREFORE, the Council of the Corporation of the Town of Pickering
HEREBY ENACTS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute Driveway
Approach Licence Agreements, in the form attached hereto as
Schedule "A", as required from time to time, for the purpose of
satisfying the Town's requirements for such Agreements as con-
ditions of the installation of interlocking brick on driveway
approaches located on public highways.
BY-LAW read a first, second and third time and finally passed this
21st day of June , 1982.
Schedule"A" to By-law 1511/82
THIS AGREEMENT made in triplicate this
day of
, 1982.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter referred to as the "Town", Licensor,
OF THE FIRST PART,
hereinafter referred to as the "Owner", Licensee,
OF THE SECOND PART.
WHEREAS the Town is the owner in fee simple of
which are located certain municipal services (including a roadway),
public utilities and driveway approaches; and
upon
WHEREAS the Owner is the owner in fee simple of certain lands and prem-
ises, being , Pickering, adjacent to the Town's
lands, and upon which is located a dwelling and related appurtenances;
and
WHEREAS the Owner wishes to instal and maintain an interlocking brick
driveway approach between the Owner's lands and the Town's roadway;
NOW THEREFORE, THIS AGREEMENT WITNESSETH that in consideration of the
premises and the mutual covenants and conditions herein contained, and
the sum of Two Dollars ($2.00) now paid by the Owner to the Town,
receipt of which is hereby acknowledged, the Parties hereto agree as
follows:
This Agreement affects, and shall be registered on title to, those
lands owned by the Owner and more particularly described in Sche-
dule "A" hereto.
The Town hereby grants to the Owner a licence, hereinafter referred
to as the "Licence", to occupy that part of ,
outlined in red on the sketch attached as Schedule "B" hereto,
hereinafter referred to as "the Lands", for the purpose of a
driveway approach providing access to the Owner's lands, subject
to the terms and conditions of this Agreement.
t
(1) The Licence hereby granted,
(a)
shall not transfer any possessory or leasehold interest
in the Lands to the Town;
(b)
shall be effective twenty-four (24) hours per day, every
day of every year during the term of the Licence; and
(c)
shall not preclude or prevent the Town from using the
Lands as a municipal public highway.
(2)
For the purposes of clause (c) of subsection (1), above, the
Owner shall ensure that continuous public pedestrian and
vehicular access is available on, along and across the Lands
at all times.
The Owner shall maintain and use the Lands only as a driveway
approach and for no other purposes.
(1)
Following completion of any works performed on the Lands, the
Owner shall advise the Town and obtain the approval of the
Town's Director of Public Works thereto.
(2) The Owner shall comply with any requirement made by the
Director in the process of approving the works.
(3) The Owner shall be solely responsible for the full cost of
the development and maintenance of the Lands.
(4)
If the Owner fails to complete development, or to maintain
the Lands to the Town's satisfaction following completion,
then the Town may, upon seven (7) day's notice to the Owner,
enter upon the Lands for the purpose of completion or main-
tenance, as the case may be, and any costs incurred by the
Town by reason of so doing shall be paid to the Town by the
Owner within thirty (30) days of receipt by the Owner of the
Town's invoice therefor.
(1) The Owner shall pay any taxes or other similar charges that
may be levied on or after the date hereof against the Lands.
(2)
The Owner shall indemnify and save harmless the Town of and
from all manner of claims, damages, losses, costs or charges
whatsoever occasioned to or suffered by or imposed upon the
Town or the Lands, either directly or indirectly, in respect
of any matter or thing in consequence of or in connection
with or arising from the Owner's development, maintenance or
use of the Lands or from any operation connected therewith or
in respect of any accident, damage or injury to any person,
animal or thing by, from or on account of the same.
(1)
The term of this Licence shall be for a period of ten (10)
years commencing on , 1982 and expiring on
, 198 , or the date that the Owner
ceases to be the owner of the lands described in Schedule "A"
hereto, whichever first occurs, unless the Licence is earlier
revoked, terminated or surrendered pursuant to the provisions
of subsection (2), below.
(2) The Licence hereby granted may,
(a) be revoked by the Town upon sixty (60) day's written
notice to the Owner;
- 3 -
(3)
(4)
(b)
be terminated at any time upon the written agreement of
the Parties; and
(c)
be surrendered by the Owner upon sixty (60) day's writ-
ten notice to the Town.
Notwithstanding the provisions of subsections (1) and (2),
above, the Town may temporarily suspend the Licence, upon two
(2) day's notice to the Owner, for the period of construc-
tion, in the event that the Town or a public utility author-
ity wish to instal, inspect, repair or maintain a service on,
in or under the Lands.
In the event the Licence is suspended pursuant to the provi-
sions of subsection (2), the operation of all terms and con-
ditions of this Agreement, except sections 6(2), 8 and 9,
shall also be suspended for the same period of time.
8. (1)
(2)
(3)
Any notice, document or other communication required or per-
mitted to be given hereunder shall be in writing and shall be
sufficiently given if sent by prepaid registered mail or
delivered,
(a) in the case of the Owner, to
atl , and
(b) in the case of the Town, to the Town Clerk, at 1710
Kingston Road, Pickering, Ontario LlV 1C7.
Each Party may redesignate the person or the address, or
both, to whom or at which such notice, document or other
communication shall be given by giving written notice to the
other.
Any such notice, document or other communication shall be
deemed to have been given on the first business day following
the date of mailing or the date of delivery, as the case may
be.
9. (1)
This Agreement and everything herein contained shall extend
to, bind and enure to the benefit of the Parties hereto, but
not to their successors and assigns.
(2) This Agreement is not assignable, in whole or in part, by
either Party.
IN WITNESS WHEREOF, the
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
Clerk
In the presence of
SCHEDULE "A"
(Legal description of lot served by driveway approach)
SCHEDULE "B"
(Sketch of street showing location and dimensions
of driveway approach)