HomeMy WebLinkAboutBy-law 1093/80THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO.1093/80
Being a By-Law to authorize the execution
of a Licence Agreement among the Corporation
of the Town of Pickering and Judith Marie
Lucas and Alan James Lewis (re: Lots 28 and
29, Plan 21 and Main Street, Whitevale).
TG'! "i,l 4,7
WHEREAS, the Corporation of the Town of Pickering is
the Owner in fee simple of the road allowance between Con-
cessions 4 and 5 (known as Main Street) in the Hamlet of
Whitevale in the Town of Pickering; and
WHEREAS, Judith Marie Lucas and Alan James Lewis
are the owners in fee simple of part of Lots 28 and 29,
Plan 21, Pickering, which lands abut a portion of Main
Street, Whitevale; and
WHEREAS, a dwelling presently located on part of
Lots 28 and 29, Plan 21, encroaches onto Main Street,
Whitevale; and
WHEREAS, pursuant to the provisions of section 354
(1) 93 of the Municipal Act, R.S.O. 1970, c. 284, it is
deemed expedient to permit such encroachment to continue,
subject to certain terms and conditions;
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 a Licence Agreement in the form attached
hereto as Schedule "A", among the Corporation of
the Town of Pickering and Judith Marie Lucas and
Alan James Lewis, respecting the encroachment of
a dwelling located on parts of Lots 28 and 29,
Plan 21, upon a part of the road allowance known
as Main Street in the Hamlet of Whitevale.
BY-LAW read a first, second and third time and finally passed
this 19th day of February , 1980.
iS i F
SCHEDULE "A" FOR BY-LAW NO. 1093/80
THIS LICENCE AGREEMENT made in duplicate this day
of , 1980.
B E T W E E N:
THE CORPORATION OF THE TOWN OF PICKERING
Licensor (hereinafter referred to as the "Town")
OF THE FIRST PART,
- and -
JUDITH MARIE LUCAS and ALAN JAMES LEWIS
Licensees (hereinafter collectively referred to as the
"Owner")
OF THE SECOND PART.
WHEREAS the Licensees are the owner, in fee simple, of
that certain parcel or tract of land and premises more par-
ticularly described in Schedule "A" attached hereto;
AND WHEREAS parts of the dwelling located on the Owner's
lands encroach upon a certain municipal road allowance,
namely Main Street, in the Hamlet of Whitevale;
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in
consideration of the sum of two dollars ($2.00) paid by
the Owner to the Town, receipt of which is hereby acknow-
ledged, and of the mutual covenants, terms and conditions
hereinafter set out, the Parties hereto agree as follows:
1. The Town hereby grants to the Owner a licence to
occupy part of the Town's road allowance known as
Main Street, Whitevale, which part is more partic-
ularly described in Schedule "B" attached hereto,
for the purpose of maintaining the existing single-
family dwelling, and appurtenances thereto, thereon.
2. The licence granted hereby is not intended to and
shall not transfer any possessory right or lease-
hold interest to the Owner from the Town.
3. The licence hereby granted is revocable by the
Town,
(a) at any time, in the event of an emer-
gency requiring the full width of the
road allowance;
(b) upon one year's written notice to the
Owner; or
- 2 -
3. (continued)
(c) upon the removal of that part of the
dwelling described in section 1,
whether or not the Town has re-entered the land
or done any act or thing in respect to it.
4. The Owner shall at all times indemnify and save
harmless the Town from and against all claims,
demands, loss, costs, damages, actions, suits or
other proceedings by whomsoever made, sustained,
brought or prosecuted in any manner based upon,
occasioned by or attributable to anything done
or omitted to be done by the owner in his use and
maintenance of the lands and premises referred to
in section 1 or any buildings or structures thereon.
5. If the lands and premises, more particularly de-
scribed in Schedule "B" attached hereto, are at
any time during the currency of this Agreement,
assessed for realty tax purposes, then in that
event, the owner shall pay to the Town during the
currency of this Agreement, all annual realty
taxes payable as a result of such assessment.
6. (1) This Agreement and everything herein con-
tained shall extend to, bind and enure to
the benefit of the respective parties hereto,
only, and is not assignable in any way.
(2) Subsection 1 shall not be construed in such
a way that a bona fide tenant of the Owner
is not permitted to occupy the lands during
the term of the tenancy.
IN WITNESS WHEREOF the Party of the First Part has
affixed its corporate seal attested by its proper signing
officers duly authorized in that behalf, and the persons
comprising the Party of the Second Part have affixed their
hands and seals.
SIGNED, SEALED and DELIVERED
THE CORPORATION OF THE TOWN
OF PICKERING
In the presence of
Judith Marie Lucas
Alan James Lewis
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 Lots 28 and 29, Plan 21, Pickering,
designated as Part 1 on a Plan of Survey of record
filed in the Registry Office for the Registry Division
of Durham as Plan No. 40R-3007.
SCHEDULE "B"
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
that part of the road allowance between Concessions
4 and 5 designated as Part 1 on a Plan of Survey of
record filed in the Registry Office for the Registry
Division of Durham as Plan No. 40R-3007.
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