HomeMy WebLinkAboutBy-law 1529/82THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1529/82
Being a By-Law to authorize the execution
of a Demolition Agreement between the
Corporation of the Town of Pickering and
James Birch and Brenda Fay Birch respect-
ing Lot 13, Plan 814, Pickering
WHEREAS, James and Brenda Fay Birch are the owners of Lot 13, Plan 814,
Pickering and as such have made application to the Town for a building
permit for the construction of a dwelling thereon; and
WHEREAS, a dwelling currently exists on the said lands and it is neces-
sary to ensure that the existing dwelling is removed upon the comple-
tion of the proposed dwelling;
NOW THEREFORE, the Council of the Corporation of the Town of Pickering
HEREBY ENACTS AS FOLLOWS:
The Mayor and Clerk are hereby authorized to execute a Demolition
Agreement, in the form attached hereto as Schedule "A", between
James Birch and Brenda Fay Birch respecting Lot 13, Plan 814.
BY-LAW read a first, second and third time and finally passed this
5th day of July , 1982.
Schedule "A" to By-law Number 1529/82
THIS AGREEMENT made in triplicate this
day of
, 1982.
BETWEEN :
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE FIRST PART,
and -
JAMES BIRCH
and
BRENDA FAY BIRCH
hereinafter collectively called the "Owner"
OF THE SECOND PART.
WHEREAS, the Owner is the owner in fee simple, of the lands affected
hereby, upon which is presently located a dwelling (hereinafter refer-
red to as the "present dwelling"); and
WHEREAS, the Owner has made
mit for the construction of
"new dwelling") on the said
application to the Town
a dwelling (hereinafter
lands; and
for a building per-
referred to as the
WHEREAS, it is necessary that the present dwelling be demolished or
removed upon the completion of the new dwelling;
NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT, in consideration of the
issuance by the Town to the Owner of a building permit for the new
dwelling, the Owner hereby agrees as follows:
The lands affected hereby are those lands more particularly des-
cribed as follows:
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 (formerly in the Township of Pickering, in
the County of Ontario) and being composed of the whole of Lot 13,
according to a Registrar's compiled plan filed in the Registry
Office for the Registry Division of Durham (No. 40), as Plan
Number 814.
SAVING AND EXCEPTING therefrom that certain parcel or tract of
land and premises as expropriated by Part 13, according to an
Expropriation Plan filed in the said Registry Office as Plan
Number 95.
AS DESCRIBED in Instrument No. D77676.
The Owner shall, within ninety days of the issuance to him of an
occupancy permit respecting the new dwelling, demolish or remove
the present dwelling from the lands affected hereby.
o
The Owner agrees that in default of his performance of the obli-
gation under section 2 hereof, the Town may, upon 10 day's written
notice to the Owner, provided by registered mail, directed to him
at his address set out on the application for the building permit
for the new dwelling, enter the lands affected hereby and demolish
or remove the present dwelling at the sole expense of the Owner,
and for the purpose of such demolition or removal by the Town, the
Owner hereby appoints the Town as his agent.
The Owner further agrees that in the event that the Town enters
and demolishes or removes the present dwelling pursuant to the
provisions of this Agreement, the cost of such entry, demolition
or removal may be assessed against the lands affected hereby and
collected in the same manner as municipal taxes.
This Agreement and everything herein contained shall enure to the
benefit of and binding upon the Parties hereto and their respec-
tive heirs, executors, administrators, successors and assigns.
IN WITNESS WHEREOF, the Town has hereunto affixed its Corporate Seal
duly attested by the hands of its proper officers authorized in that
behalf, and the persons comprising the Party of the Second Part have
hereunto set their hands and seals.
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
Clerk
In the presence of
JAMES BIRCH
BRENDA FAY BIRCH