HomeMy WebLinkAboutBy-law 1474/82THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1474/82
Being a By-Law to authorize the execution
of a Demolition Agreement between the
Corporation of the Town of Pickering and
Ivo and Ljuba Rasic respecting Lot 6,
Plan 819, Pickering (LD 331/81)
WHEREAS, Ivo and Ljuba Rasic are the owners of Lot 6, Plan 819, Pickering
and as such have made application to the Town for a building permit for
the construction of a dwelling thereon; and
WHEREAS, a dwelling currently exists on the said lands and it is neces-
sary to ensure that the existing dwelling is removed upon the completion
of the proposed dwelling;
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 Demolition
Agreement, in the form attached hereto as Schedule "A" between
Ivo Rasic and Ljuba Rasic and the Corporation of the Town of
Pickering with respect to Lot 6, Plan 819, Pickering (LD 331/81).
BY-LAW read a first, second and third time and finally passed this
19th day of April , 1982.
Schedule "A" to By-law 1474/82
THIS AGREEMENT made in triplicate
this day of
, 1982.
BETWEEN
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE FIRST PART,
- and-
IVO RASIC
and
LJUBA RASIC
hereinafter 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 refer-
red to as the "present dwelling"); and
WHEREAS, the Owner has made application
mit for the construction of a dwelling
"new dwelling") on the said lands; and
to the Town for a building per-
(hereinafter referred to as the
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
issuance by the Town to the Owner of a building permit for the new
dwelling, the Owner hereby agrees as follows:
the
The lands affected hereby are those lands more particularly des-
cribed as follows:
ALL AND SINGULAR that certain parcel or tract of land and premises
situate, lying and being in the Town of Picketing, in the Regional
Municipality of Durham (formerly in the Township of Picketing, in
the County of Ontario) in the Province of Ontario, being composed
of part of the east half of Lot 27, in the First Concession of
said Town, and which said parcel may be more particularly described
as follows:
COMMENCING at a point where a stake has been planted in the east
limit of the said Lot 27, said point being at a distance of
2,847.04 feet measured southerly thereon from the northeast angle
of the said Lot;
THENCE South 74 degrees West a distance of 317.83 feet to a point
therein where a stake has been planted, and continuing South 74
degrees West a further distance of 340 feet to a point in the line
between the easterly and westerly halves of said Lot 27;
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THENCE North 16 degrees West a distance of 115 feet to a point
therein;
THENCE North 74 degrees East a distance of 340 feet more or less
to a point therein, where a stake has been planted, and continuing
North 74 degrees East, a further distance of 317.43 feet to a
point, in the east limit of the said Lot 27, distant 2,732.04 feet
measured southerly thereon from the northeast angle of the said
Lot 27;
THENCE Southerly along the east limit of the said Lot 27, a dis-
tance of 115 feet to the place of beginning.
EXCEPTING THEREFROM the most easterly 10 feet in perpendicular
width which has been conveyed to the Town of Pickering for the
widening of Fairport Road North.
The above property is now described as
registered in the Land Registry Office
of Durham (No. 40) as No. 819.
Lot 6, according to a Plan
for the Registry Division
AS DESCRIBED in Instrument No. D108763.
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 performance of the obli-
gation under section 2 hereof, the Town may, upon 10 day's 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 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, demolition
or removal may be assessed against the lands affected hereby and
collected in the same manner as municipal taxes.
The Owner further agrees that he shall not apply, nor permit any
other person to apply on his behalf, to the Land Division Com-
mittee of the Regional Municipality of Durham to perfect or com-
plete Application LD 331/81 made August 31st, 1981, until such
time as the demolition provided for herein has been completed and
a release of this Agreement issued by the Town and registered
against the title to the lands affected hereby.
This Agreement and everything herein contained shall enure to the
benefit of and binding upon the Parties hereto and their respec-
tive heirs, executors, administrators, successors and assigns.
IN WITNESS WHEREOF, the Town has hereunto affixed its Corporate Seal
duly attested by the hands of its proper officers authorized in that
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behalf, and the persons comprising the Party of the Second Part have
hereunto set their hands and seals.
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
Clerk
In the presence of
IVO RAS IC
LJUBA RASIC
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STROUD$ LANE
JACOUELINE
BONITA
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WELRUS ~
LANE
Town of Pickering
Legal Department
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