HomeMy WebLinkAboutBy-law 792/78THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 792/78
Being a By-Law to authorize the execution
of a Licence Agreement between the
Corporation of the Town of Pickering and
Albrecht Kleiner respecting part of the
Rosebank Road South and Bella Vista Drive
road allowances (505 Bella Vista Drive -
Lot 23, Plan 233)
WHEREAS the Corporation of the Town of Pickering is the owner
of the Rosebank Road South and Bella Vista Drive road allowances;
AND WHEREAS Albrecht Kleiner is the owner of Lot 23, Plan 233
(505 Bella Vista Drive);
AND WHEREAS certain buildings and structures located primarily
on Lot 23, Plan 233 encroach upon the Rosebank Road South and Bella
Vista Drive road allowances;
AND WHEREAS the Town agreed to grant a licence to Albrecht
Kleiner to permit those buildings and structures to occupy certain
parts of the said road allowances, 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 a
Licence Agreement in the form attached hereto as
Schedule "1" between the Corporation of the Town of
Pickering and Albrecht Kleiner to permit certain build-
ings and structures owned by Albrecht Kleiner to encroach
upon certain parts of the Rosebank Road South and Bella
Vista Drive road allowances, subject to the terms and
conditions set out therein. (Lot 23, Plan 233)
BY-LAW read a first, second and third time and finally passed this
3rd day of April 1 1978.
SCHEDULE 1 to By-Law Number 792/78
THIS LICENCE AGREEMENT made in duplicate this day of
1978.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
Licensor (hereinafter referred to as the "Town")
OF THE FIRST PART,
- and -
ALBRECHT KLEINER
Licensee (hereinafter referred to as the "Owner")
OF THE SECOND PART.
WHEREAS the Licensee is the Owner, in fee simple, of
that certain parcel or tract of land and premises more par-
ticularly described in Schedule "A" attached hereto;
AND WHEREAS parts of the dwelling located on the
Owner's lands encroach upon certain municipal road allowances,
namely Bella Vista Drive and Rosebank Road South;
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in con-
sideration of the sum of twenty-five dollars ($25.00) paid
by the Owner to the Town, receipt of which is hereby acknow-
ledged, and of the mutual covenants, terms and conditions
hereinafter set out, the Parties hereto agree as follows:
1. The Town hereby grants a licence to the owner
to occupy those parts of the Town's road
allowances, namely Bella Vista Drive and Rose-
bank Road South, as outlined in red on the
Plan of Survey attached as Schedule "B" hereto,
for the purpose of maintaining the existing
single-family dwelling, and appurtenances
thereto, thereon.
2. The licence granted hereby is not intended to
and shall not transfer any possessory right or
leasehold interest to the Owner from the Town.
3. The licence hereby granted is revocable by the
Town,
(a) at any time, in the event of an emer-
gency requiring the full width of the
road allowances, or either of them;
(b) upon one year's written notice to the
Owner, his successors or assigns on
title; and
(c) upon the removal of that part of the
dwelling described in paragraph 1,
whether or not the Town has re-entered the land
or done any act or thing in respect to it.
- 2 -
4. The Owner shall at all times indemnify and
save harmless the Town from and against all
claims, demands, loss, costs, damages,
actions, suits or other proceedings by whom-
soever made, sustained, brought or prosecuted
in any manner based upon, occasioned by or
attributable to anything done or omitted to
be done by the Owner in his use and mainten-
ance of the lands and premises referred to
in paragraph 1 or any buildings or struc-
tures thereon.
5. If those parts of the Town's road allowances
outlined in red on the Plan of Survey attached
as Schedule "B" hereto, are at any time dur-
ing the currency of this Agreement, assessed
for Municipal realty tax purposes, as residen-
tial lands with buildings thereon, then in
that event, the Owner shall pay to the Town
during the currency of this Agreement, all
annual municipal realty taxes payable as a
result of such assessment.
6. This Agreement and everything herein con-
tained shall extend to, bind and enure to the
benefit of the successors and assigns of the
respective parties hereto.
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IN WITNESS WHEREOF the Party of the First Part has
hereto affixed its-corporate seal attested by its proper
signing officers duly authorized in that behalf, and the
Party of the Second Part has hereunto set his hand and
seals.
SIGNED, SEALED and DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
ALBRECHT KLEINER
In the presence
of;
SCHEDULE "A"
ALL AND SINGULAR that certain parcel of land and prem-
ises in the Town of Pickering in the Regional Municipality of
Durham being composed of all of Lot 23, according to a Plan
filed in the Land Registry Office for the Registry Division
of Durham at Whitby as Number 233.
SCHED[IL,E "B"
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TOWN OF PICKERING
REGIONAL MUNICIPALITY OF DURHAM
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D H. BLACK
ONTARIO LAND SURVEYOR
310 PAINTED POST DRIVE
SCARBOROUGH, ONTARIO
MIG2M3 TEL, 439-6744
77- 223
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