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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. r 'd r H r P. --j 0 C pq O H (D (7K 7:O hh i P. ww ro N r rt () 0 (P VD rt ti F0 :j p a W 0 Q. ro *d r* r• x0 fD O p. 0, d W r a£ rrt N (D ro (D w £ J (D C? 0 zn I 0 w? c 0a a Ir a a ro rrr ?O ro rr am K rt N m r m roN H ? ro a> r oa I W N or o. .? ny r• n x m K Y• Ln W r H Wz z to t? z H C d 'y H H x 4 H r Wn H M a a a a H Lz] n 0 ro 00 ro H H H xoz to H 0 C1 ? r? H 0 N G H t? G