HomeMy WebLinkAboutBy-law 4561/95 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 4561/95
Being a by-law to authorize the execution of a Licence
Agreement respecting Lot 69, Plan M-20, Pickering,
between the Town and Peter Brock Shepherd and Linda
Shepherd
WHEREAS, The Corporation of the Town of Picketing is the owner of an easement over Lot 69, Plan
M-20, Picketing, upon which certain persons wish to continue encroaching for the purposes of
maintaining a recreational deck.
NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS
FOLLOWS:
I. The Mayor and Clerk are hereby authorized to execute a Licence Agreement in the form attached
hereto as Schedule A between The Corporation of the Town of Pickering and Peter Brock
Shepherd and Linda Shepherd, permitting an encroachment upon a Town-owned easement across
the rear 3.6576 metres (12 ft.) of Lot 69, Plan M-20, Pickering.
BY-LAW read a first, second and third time and finally passed this 6th day of February, 1995.
Wayne Arthurs, Mayor
Bruce Taylor. Clerk
TOWN OF
PICKERING
APPROVED
AS TO I:ORM
LEGAL DEPT.
THIS AGREEMENT made this 6th day of January, 1995.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter referred to as the "Town", Licensor
OF THE FIRST PART,
PETER BROCK SHEPHERD
and
hereinafter collectively referred to as the "Owner", Licensee
OF THE SECOND PART.
WHEREAS the Town, as successor to The Corporation of the The Township of Picketing, is the owner of an
easement over Lot 69, Plan M-20, Picketing, as set out in Instrument Number 9483; and
WHEREAS the Owner is the owner in fee simple of Lot 69, Plan M-20, Picketing, upon which is located a
single-family dwelling and related appurtenances; and
WHEREAS the Owner has erected a recreational deck on Lot 69, which deck encroaches 1.46 metres into that
easement;
NOW THEREFORE, this Agreement witnesseth that, in consideration of the premises and the mutual covenants
and conditions herein contained, and the sum of Two Dollars ($2.00) now paid by the Owner to the Town,
receipt of which is hereby acknowledged, the Parties hereto agree as follows:
1. The lands affected by this Agreement are those lands more particularly described as Lot 69, Plan M-20,
Picketing.
2. Notwithstanding the provisions of the easement set out in Instrument Number 9483, the Town hereby
grants to the Owner an exclusive licence, hereinafter referred to as the "Licence", to encroach upon that
part of its easement outlined in red on Schedule "A" hereto, which shall hereinafter be referred to as "the
Lands", subject to the terms and conditions of this Agreement.
3. The Licence hereby granted,
(a) shall not negate nor derogate from the Town's easement over the Lands;
(b) shall be effective twenty-four (24) hours per day, every day of every year during the term of the
Licence; and
(c) shall not preclude or prevent the Town from exercising its rights under the easement in the event
of an emergency.
4. The Owner shall maintain and use the Lands only for a private recreational deck less than 0.5 metres
above grade.
5. It shall be the Owner's responsibility to maintain the deck to the Town's satisfaction. If the Owner fails
to do so, the Town may, upon seven (7) day's notice to the Owner, enter upon the Lands for the purpose
of removal or maintenance, as the case may be, and any costs incurred by the Town by reason of so
doing shall be paid to the Town by the Owner within thirty (30) days of receipt by the Owner of the
Town's invoice therefor.
6. The Owner shall indemnify and save harmless the Town of and from all manner of claims, damages,
losses, costs or charges whatsoever occasioned to or suffered by or imposed upon the Town or the
Lands, either directly or indirectly, in respect of any matter or thing in consequence of or in connection
with or arising from the Owner's maintenance or use of the Lands or from any operation connected
therewith or in respect of any accident, damage ~r injury to any person, animal or thing by, from or on
account of the same.
7. (1) The term of this Licence shall be for a period of ten (10) years commencing on January 6, 1995
and expiring on January 6, 2005, unless the Licence is earlier revoked, terminated or surrendered
pursuant to the provisions of subsection (2), below.
(2) The Licence hereby granted may,
(a) be revoked by the Town upon ninety (90) days written notice to the Owner;
(b) be terminated at uny time upon the written agreement ofthe Parties; and
(c) be surrendered by the Owner upon thirty (30) days written notice to the Town.
(3) Notwithstanding the provisions of subsections (1) und (2), above, the Town may temporarily
suspend the Licence, upon twenty-four (24) hours written notice to the Owner, in the event of an
emergency.
8. (1) Any notice, document or other communication required or permitted to be given hereunder shall
be in writing und shall be sufficiently given if sent by prepaid registered mail or delivered
personally,
(a) in the case of the Owner, to either or both of the individuals comprising the Owner, at
816 Hillcrest Road, Pickering, Ontario LIW 2P4, and
(b) in the case of the Town, to the Town Clerk, at the Pickering Civic Complex, One The
Esplanade, Pickering, Ontario L 1V 6K7.
(2) Each Party may redesignate the person or the address, or both, to whom or at which such notice,
document or other communication shall be given by giving written notice to the other.
(3) Any such notice, document or other communication shall be deemed to have been given on the
first business day following the date ofmailing or the date of delivery, as the case may be.
9. The Licence granted hereby is personal and shall not be assigned either in whole or in part by the Owner
without the express written consent of the Town, which consent may be arbitrarily refused.
10. This Agreement and everything herein contained shall extend to, bind and enure to the benefit of the
Parties hereto, their successors and assigns.
2
IN WITNESS WHEREOF the Party of the First Part has hereunto affixed its corporate seal, duly attested by its
proper authorized officers 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
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
In the presence of
Peter Brock Shepherd
Linda Shepherd
LO-/' ~