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HomeMy WebLinkAboutBy-law 1588/82THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1588/82 Being a By-Law to authorize the execution of a Demolition Agreement between the Corporation of the Town of Pickering and Jerry Demchuk and Janice Diane Demchuk respecting Lot 154, Plan 816, Pickering WHEREAS Jerry Demchuk and Janice Diane Demchuk are the owners of Lot 154, Plan 816, 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 unit currently exists on the said lands and it is necessary to ensure that the existing building is removed upon the completion 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 Jerry Demchuk and Janice Diane Demchuk respecting Lot 154, Plan 816, Pickering. BY-LAW read a first, 15th day of second and third time and finally passed this November , 1982. · F~E~. N~ ~_~c.h=k, J ~-J. Lo+ IS4, -:Plan 8ih Schedule "A" to By-law Number 1588/82 THIS AGREEMENT made in triplicate this 28th day of October, 1982. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE FIRST PART, - and- JERRY DEMCHUK and JANICE DIANE DEMCHUK 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 application to the Town for a building per- mit for the construction of a dwelling (hereinafter referred to as the "new dwelling") on the said lands; and 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 and Province of Ontario and being composed of the whole of Lot 154 according to Registrar's Compiled Plan 816, which said Plan was registered in the Registry Office for the Registry Division of Durham (No. 40), AS DESCRIBED in Instrument No. D137273. 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. - 2 - 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 JERRY DEMCHUK JANICE DIANE DEMCHUK 0