HomeMy WebLinkAboutBy-law 1460/82THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1460/82
Being a By-Law to authorize the execution
of a Release by the Corporation of the
Town of Pickering of Hans J. Weber and
Elisabeth K. Weber from a Demolition
Agreement respecting Lots 111 & 112,
Plan 283, Pickering
WHEREAS the Corporation of the Town of Pickering and Hans J. Weber
and Elisabeth K. Weber entered into an Agreement dated May 1st,
1978 and registered as Instrument No. Dl15216; and
WHEREAS it is now deemed expedient to release Hans J. Weber and
Elisabeth K. Weber from the provisions of the said Agreement;
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 Release,
in the form attached hereto as Schedule "A", between Hans J0
Weber and Elisabeth K. Weber and the Corporation of the Town
of Pickering respecting Lots 111 and 112, Plan 283, Pickering.
BY-LAW read a first, second and third time and finally passed this
15th day of March, 1982.
Schedule "A" to By-law #1460/82
In consideration of the sum of Two Dollars ($2.00)
it, receipt of which is hereby by it acknowledged,
paid to
THE CORPORATION OF THE TOWN OF PICKERING
hereby releases and forever discharges
HANS J. WEBER & ELISABETH K. WEBER
their heirs, executors, administrators, successors and
assigns of and from all claims, demands, damages, actions
or causes of action which may have arisen, are arising,
or may arise as a result of or in any way related to an
Agreement dated September 2nd, 1980 and registered as
Instrument No. Dl15216 between
THE CORPORATION OF THE TOWN OF PICKERING
and
HANS J. WEBER & ELISABETH K. WEBER
concerning the lands more particularly described in Schedule
"A" attached hereto.
IN WITNESS WHEREOF the Corporation of the Town of Pickering
has hereunto.affixed its corporate seal attested'by its
properly authorized officers this 15th day of March, 1982.
SIGNED, SEALED & DELIVERED
Mayor
Clerk
SCHEDULE "A"
ALL AND SINGULAR that certain parcel or tract of land and
premises situate, lying and being in the Town of Picker-
ing in the Regional Municipality of Durham and Province
of Ontario and being composed of Lots 111 and 112 accord-
ing to Plan Number 283 registered in the Land Registry
Office for the Registry Division of Durham (No. 40),
AS DESCRIBED in Instrument No. Dl15216.
THIS AGREEMENT made in duplicate this
September , 1980
BETWEEN:
2nd day of
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF-THE FIRST PART,
- and -
HANS J. WEBER and ELISABETH K. WEBER
hereinafte~ 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 referred to as the "present
dwelling"); and
WHEREAS the Owner has made application to the Town for
a building permit 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 described 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 Municip-
ality of Durham, and being composed of Lots 111
and 112 according to Plan Number 283 registered
in the Registry Office for Durham,
as described in Instrument No. D71562.
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.
The Owner agrees that in default of his perform-
ance if the obligation under section 2 hereof,
the Town may, upon 10 days 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
- 2 -
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, demoli-
tion 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 be binding upon
the parties hereto and their respective heirs,
executors, administrators, successors and assigns.
IN WITNESS WHEREOF the Town has hereunto affixed its
Corporate Seal duly atteste~ 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 AND DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Clerk
In the presence of'~
~'Han s J.
Elisabeth K. Weber
AFFIDAVIT OF SUBSCBIBING WITNESS
of the -7-ocli'/ OW~ ~%~ ~ ~
in the ~6~ 0~ '0~=
~0 ~ Z ~ ~ ma~e oath and say:
I am a subs~ibing witness to the attached instrument and I was present and saw it executed
at ~ L~~ ~ by ~ ~.
I verily believe that each person whose signature I witnessed is the party of the same name referred
to in the insh'ument.
SWOBN before me at the ~' c~ o-~ ~'/
in the
this~-~day of ~ ~ C~ lO&O,
March 1978
AFFIDAVIT ~/S TO AGE AND SPOUSAL STATUS
make oath and say:
When ~o~ executed the attached instrument,
oo,= -- at least eighteen years old.
~gJXVE ~ ~ x~
Within the meaning o/section 1(/) o/The Family La,,, Re/orm Act, 1978:--
b) We were spouses of one another.
c)
(SEVERALLY) xS~VOllN before me at the ~7-e