HomeMy WebLinkAboutBy-law 867/78THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 867/78
Being a By-law to authorize the execution
of a Release Agreement between the Cor-
poration of the Town of Pickering and
Rae Cunningham and Carl Cunningham res-
pecting an Agreement dated April 18, 1969,
concerning the maintenance of Sideline 8,
Concession S.
WHEREAS on April 18, 1969, the Corporation of the Township of
Pickering (now the Corporation of the Town of Pickering) and
Rae Cunningham and Carl Cunningham entered into an Agreement
affecting certain lands, respecting the maintenance of Sideline
8, Concession 8;
AND WHEREAS by virtue of the provisions of Resolution 49/78,
made by the Council of the Corporation of the Town of Pickering
on April 17, 1978, the provisions of that Agreement are
redundant, and it is therefore deemed expedient that that
Agreement be terminated, and the parties thereto release each
other from the terms and conditions thereof;
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 Release Agreement in the form
attached hereto as Schedule "A", between
the Corporation of the Town of Pickering
and Rae Cunningham and Carl Cunningham res-
pecting a road maintenance agreement dated
April 18, 1969, concerning the maintenance
of Sideline 8, Concession 8.
BY-LAW read a first, second and third time and finally passed
this 8th day of August , 1978.
TOWN Or B,
PICKERIN(
APP20Uc`.
AS TO N'
LEGAL DZ 0 ?
Clerk
SCHEDULE "A" TO BY-LAW NUMBER 867/78
THIS INDENTURE made this 8th day of August, 1978.
B E T W E E N:
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE FIRST PART
- and -
RAE CUNNINGHAM and CARL CUNNINGHAM
hereinafter collectively called the "Owner"
OF THE SECOND PART
WHEREAS, by Agreement dated April 18, 1969 the Corporation
of the Township of Pickering and the Owner herein entered into
a certain agreement respecting the lands affected hereby;
AND WHEREAS the Town is the successor to the Corporation
of the Township of Pickering;
AND WHEREAS it is deemed expedient that each Party release
the other from the terms and conditions of that agreement, and
to terminate that agreement;
NOW THEREFORE this indenture witnesseth that in consideration
of the mutual covenants and agreements herein contained and
subject to the terms and conditions hereinafter set out, the
Parties hereto agree as follows:
1. The lands and premises affected hereby are those lands
and premises more particularly described in Schedule "A"
hereto.
2. The Town and the Owner do hereby release, remise and
forever discharge each other, their respective heirs,
executors, administrators, successors and assigns of
and from any and all claims of any nature or kind what-
soever which either may have had or may have, now or
at any time in the future,against the other, for any
matter, cause or thing arising or in any way resulting
from the terms and conditions of an agreement between
the Corporation of the Town of Pickering and the Owner
which agreement is dated April 18, 1969.
3. The said agreement is hereby terminated as of the date
hereof.
4. This agreement and everything herein contained shall
enure to the benefit of and be binding upon the res-
pective heirs, executors, administrators, successors
and assigns of the Parties hereto.
IN WITNESS WHEREOF the Party of the First Part has hereunto
affixed its corporate seal, attested by its authorized
- 2 -
officers, and the persons comprising the Party of the Second
Part have hereunto affixed their respective hands and seals.
SIGNED, SEALED AND DELIVERED
THE CORPORATION OF THE TOWN OF
PICKERING
Mayor
in the presence of
Rae Cunningham
Carl Cunningham
SCHEDULE "A"
ALL AND SINGULAR that certain parcel or tract of land and prem-
ises situate lying and being in the Town of Pickering in the
Regional Municipality of Durham and Province of Ontario, being
composed of that part of Lot 9, Concession 8 which may be more
particularly described as follows:
COMMENCING at a point in the Easterly limit of Lot 9, at a
point measured southerly along said easterly limit from the
north-east corner of said Lot 9, a distance of 2,541.92 feet
to an iron bar planted;
THENCE continuing along the said Easterly limit of Lot 9 on a
bearing of South 17 degrees 26 minutes West, a distance of
639.49 feet to an iron bar planted in the said Easterly limit
at the limit between the north and south halves of the said Lot
Number 9;
THENCE South 71 degrees 13 minutes 30 seconds West along the
limit between said north and south halves of said Lot 9, a
distance of 1,317.59 feet to an iron bar planted in an old
post and wire fence marking the existing limit between Lots
9 and 10 in said Concession 8;
THENCE North 17 degrees 59 minutes 10 seconds West 745.24 feet
to an iron bar planted;
THENCE North 55 degrees 10 minutes 30 seconds East, 213.36 feet
to an iron bar planted;
THENCE North 79 degrees 59 minutes 30 seconds East, 1,132.02
feet to the place of commencement.
NO, st7 comeIlED I A FFIDAV IT OF SUBSCR I BING WITNESS
1111 AFE IDAVIT AS TO AGE AND SPOUSAL STATUS
UNIT ED 51 AT 1 DIE RI CO" D Ii DOi fORM DEPT
JO PRODUCTION DRIVE SCARBOROUGH
AFFIDAVIT OF SUBSCRIBING WITNESS
1,
of the
in the
AI IhlrtD IRC. 1.11
make oath and say:
I am a subscribing witness to the attached instrument and I was present and saw it executed
at by Rae Cunningham and Carl
'sep footnote Cunningham
,See foute.G,
I verily believe that each person whose signature I witnessed is the party of the same name referred
to in the instrument.
SWORN before me at the
in the
this day of 19
A COMMISSIONER FOR TAKING ArrIDAVITE. ETC.
March 1978
If attorney
Strike out
inapplicnble
clautet.
--Net a
M el,il0RR 1.1
Home. etc.
Eee tootnoie.
this
Where a Party it umble IF read the nunument or where a party sigrv by making his mark or in foreign chmartrrs odd
"alter the insbumeat had been read to him and he appeared fully to undera cad ie . Where etaeufeduader a ?nwer of mtorney
inert "(mme at attorney) as attorney for (mme of party)"; and for a,rt Clause substitute "I ueray bE7laoe that the fl,I.n what,
ligature I wit.E.Ed was aahormed to Execute the bvtrament as attorney for (.me)".
AFFIDAVIT AS TO AGE AND SPOUSAL STATUS
X/WE, Rae Cunningham and Carl Cunningham
of the Town of Pickering
in the Regional Municipality of Durham,
make onth and say: When we executed the attached instrument,
$/WE were at least eighteen years old.
Within the meaning of section 1(f) of The Family Law Reform Act, 1978:-
70XXb:M&XXXXXx Xx4i2ixK
h) We were spouses of one another.
NXXXXXxXxxxxxxxxxxxxxxXXXXXxxxXXxxx?,Pin Y>?
(SEVERALLY) SWORN before me at the
in the
day of 19
A COMMISSIONER FOR TAFJNA AFFIDAVITS ETC.
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