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HomeMy WebLinkAboutBy-law 3519/90 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3519/90 Being a by-law to authorize the execution of an Encroachment Agreement between The Corporation of the Town of Pickering and Dean Alan Manderson and Dawn Marie Fraser respecting Part Lot 4, Concession 9, Picketing. WHEREAS The Corporation of the Town of Picketing is the owner of the road allowance between Lots 4 and 5, Concession 9, Pickering, known as Sideline 4 Road; and WHEREAS Dean Alan Manderson and Dawn Marie Fraser are the owners of Part Lot 4, Concession 9, Pickering, which lot abuts a portion of Sideline 4 Road; and WHEREAS a building presently located on Part Lot 4, Concession 9, Pickering, encroaches onto Sideline 4 Road; and WHEREAS 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 an Encroach. ment Agreement, in the form attached hereto as Schedule A, between The Corporauon of the Town of Picketing and Dean Alan Manderson and Dawn Marie Fraser respecting the encroachment of a building located on Part Lot 4, Concession 9, Pickering, on a portion of the road allowance known as Sideline 4 Road. BY-LAW read a first, second and third time and finally passed this day of ,1990. Wayne ~'thu~, Mhyor Bffuce Taylor(Clerk ITOWN CF mCKF~mN~. APPROV£D LEGAL DEPT. SCHEDULE A THIS AGREEMENT made this 28th day of.lune, 1990. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING Licensor (hereinafter referred to as the "town"), OF THE FIRST PART, . and o DEAN AI..AN MANDERSON and DAWN MARIE FRASER Licensee (hereinafter collectively referred to as the "Owner"), OF THE SECOND PART. WHEREAS the Licensee is the Owner, in fee simple, of that part of Lot 4, Concession 9, Pickering, more particularly described in Schedule "B" hereto; and WHEREAS parts of a building located on the Owner's lands encroach upon a certain municipal road allowance, namely Sideline 4, Concession 9, Pickering; NOW THEREFORE, this Agreement witnesseth that, in consideration of the sum of two dollars ($2.00) paid by the Owner to the Town, re. ceipt of which is hereby acknowledged, and of the mutual covenants, terms and conditions hereinafter set out, the Parties hereto agree as follow.,: 1. The land benefitted by this Agreement is that part of Lot 4, Concession 9, Pickering. ~s described in ln.~trument No. D2.82262. 2. The Town hereby grants a licence to the Owner to occupy that p.a[t, of the Town's roao allowance known as Sideline 4, Concession 9, Picketing, as outlined m heavy .blac. k on the sketch attached as Schedule "A" hereto (the "Lands"), for the purpose of mmntmning the existing barn and appurtenances thereto, thereon. 3. The licenc, e granted hereby is not intended to and shall not transfer any possessory right or leasehold interest to the Owner from the Town. 4. The licence hereby granted is revocable by the Town, (a) at any time, in the event of an emergency requiring the full width of the road allowance; (b) upon one year's written notice to the Owner; or (c) upon the removal of the building described in section 2, whether or not the Town has re-entered ~e Lands or done any act or thing in respect to it. 5. Th.e Owner shall at all times indemnify and save harmless the Town .from and against all clmms, clem.ands, loss, costs, damages, actions, suits or other proceedings by whomsoever made, sustained, brought or prosecuted In any manner based upon, .occasio. ned by or atm.'butable to anything done or .o. mitted to be done by the Owner m their use and maintenance of the Lands or any bmldings or structures thereon. 6. If the lands 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. 7. (1) This Agreement and everything here. in contained shall extend to, bind and enure to the benefit of the respective parties hereto, only, and is not assignable in any way. (2) Subsec~on I shall not be construed in such a way that a bona f~de tenant of the Owner ~s not permitted to occupy the Lands during the term of the tenancy. IN.WITNESS WHEREOF the. Town has affixed its corporate seal attested by its authorized officers and the persons comprising the Owner have affixed their hands and seals. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk In the presence of DEAN ALAN MANDERSON In the presence of DAWN MARIE FRASER 2 (not to scale) Part Lot 4, Concession 9, Pickering, described as follows: PREMISING that the west limit of Lot 4 has a bearing of North 16 degrees West and relating ail bearings herein thereto: COMMENCING at the southwest angle of said Lot 4; THENCE NORTH 16 degrees West, along the western limit of the said Lot, 220 fee; THENCE NORTH 74 degrees East, 198 feet; THENCE SOUTH 16 degrees East, 220 feet to the southern limit of said Lot; THENCE SOUTH 74 degrees West, 198 feet to the place of beginning, containing by admeasurement one acre, more or less; SAVE AND EXCEPT thereout and therefrom that portion of LOt 4, Concession 9, described as follows: COMMENCING at a point in the south limit of said Lot 4 at a distance of 198 feet from the southwest angle of saidLot 4; THENCE NORTH 16 degrees West, parailel with the west limit of the said LOt, 220 feet; THENCE SOUTH 74 degrees West, a distance of 55 feet; THENCE SOUTH 16 degrees East, 220 feet to the southern limit of said Lot 41following described parcel of land, that is to say; THENCE NORTH 74 degrees East, a distance of 55 feet to the place of beginning, AS DESCRIBED IN INSTRUMENT NO. D282262. 4 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO, 3519/90 Being a by-law to authorize the execution of an Encroachment Agreement between The Corporation of the Town of Picketing and Dean Alan Manderson and Dawn Made Fraser respecting Part Lot 4, Concession 9, Picketing. WHEREAS The Corporation of the Town of Pickering is the owner of the road allowance between Lots 4 and 5, Concession 9, Pickering, known as Sideline 4 Road; and WHEREAS Dean Alan Manderson and Dawn Marie Fraser are the owners of Part Lot 4, Concession 9, Pickering, which lot abuts a portion of Sideline 4 Road; and WHEREAS a building presently located on Part Lot 4, Concession 9, Pickering, encroaches onto Sideline 4 Road; and WHEREAS 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 an Encroachment Agreement, in the form attached hereto as Schedule A, between The Corporation of the Town of Pickering and Dean Alan Manderson and Dawn Marie Fraser respecting the encroachment of a building located on Part LOt 4, Concession 9, Pickering, on a portion of the road allowance known as Sideline 4 Road. BY-LAW read a first, second and third time and finally passed this day of ,1990. Wayne thu/r~, Mayor Bffu~e Taylori Clerk TOWN CF PICKERING APPROVED .EGAL DEPT.' SCHEDULE A THIS AGREEMENT made this 28th day of June, 1990. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING Licensor (hereinafter referred to as the 'Town"), OF THE FIRST PART, - and - DEAN ALAN MANDERSON and DAWN MARIE FRASER Licensee (hereinafter collectively referred to as the "Owner"), OF THE SECOND PART. WHEREAS the Licensee is the Owner, in fee simple, of that part of Lot 4, Concession 9, Pickering, more particularly described in Schedule "B" hereto; and WHEREAS parts of a building located on the Owner's lands encroach upon a certain municipal road allowance, namely Sideline 4, Concession 9, Picketing; 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 acknowledged, and of the mutual covenants, terms and conditions hereinafter set out, the Parties hereto agree as follow., 1. The land benefitted by this Agreement is that part of Lot 4, Concession 9, Picketing described in Instrument No. D282262. 2. The Town hereby grants a licence to the Owner to occupy that part of the Town's roau allowance known as Sideline 4, Concession 9,,Picke~ng, as outlined in heavy black on the sketch attached as Schedule "A" hereto (the Lands ), for the purpose of maintaining the existing barn and appurtenances thereto, thereon. 3. The licence granted hereby is not intended to and shall not transfer any possessory right or leasehold interest to the Owner from the Town. 4. The licence hereby granted is revocable by the Town, (a) at any time, in the event of an emergency requiring the full width of the road allowance; (b) upon one year's written notice to the Owner; or (c) upon the removal of the building described in section 2, whether or not the Town has re-entered the Lands or donc any act or thing in respect to it. 5. The Owner shall at all times indemnify and save harmless the Town .from and against all claims, demands, loss, costs, damages, actipns, suits or other proceedings by whomsoever made, sustained, brought or prosecuted m any manner based upon, occasio, ned by or attributable to anything done or omitted to be done by the Owner in their use and maintenance of the Lands or any buildings or structures thereon. 6. If the lands are at any time during the currency of this Agreement. assessed for realty t.ax purposes, then in that event, the Owner shall pay to the Town dunng the currency of thts Agreement, all annual realty taxes payable as a result of such assessment. 7. (1) This Agreement and everyth!ng herein contained 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 penmtted to occupy the Lands during the term of the tenancy. IN WITNESS WHEREOF the Town has affixed its corporate seal attested by its authorized officers and the persons comprising the Owner have affixed their hands and seals. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk In the presence of DEAN ALAN MANDERSON In the presence of DAWN MARIE FRASER (not to scale) 3 Part Lot 4, Concession 9, Pickering, described as follows: PREMISING that the west limit of Lot 4 has a bearing of North 16 degrees West and relating all bearings herein thereto: COMMENCING at the southwest angle of said Lot 4; THENCE NORTH 16 degrees West, along the western limit of the said Lot, 220 fee; THENCE NORTH 74 degrees East, 198 feet; THENCE SOUTH 16 degrees East, 220 feet to the southern limit of said Lot; THENCE SOUTH 74 degrees West, 198 feet to the place of beginning, containing by admeasurement one acre, more or less; SAVE AND EXCEPT thereout and therefrom that portion of Lot 4, Concession 9, described as follows: COMMENCING at a point in the south limit of said Lot 4 at a distance of 198 feet from the southwest angle of said Lot 4; THENCE NORTH 16 degrees West, parallel with the west limit of the said Lot, 220 feet; THENCE SOUTH 74 degrees West, a distance of 55 feet; THENCE SOUTH 16 degrees East, 220 feet to the southern limit of said LOt 41following described parcel of land, that is to say; THENCE NORTH 74 degrees East, a distance of 55 feet to the place of beginning, AS DESCRIBED IN INSTRUMENT NO. D282262. 4