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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-/' ~