HomeMy WebLinkAboutBy-law 1833B Y- L A W N U M B E R 1 8 3 3
of the Corporation of the Township of Pickering, to accept an agreement
with certain owners in Broken Front Ran-e 3, north half of Lot 24, to
take over certain private roads as Township roads.
WHEREAS over 66? of Owners of properties in north half of Lot 24
B.F.R.3, have signed the attached agreement called "Schedule "A",
and have petitioned Council to take over certain roads:
AND WHEREAS the Council view with favor the granting of such petition.
BE 7T THERFFORr f7NACTED by the Municipal Council of the Township of
Pickering:-
1. That the following private road shall be taken over
as a Township road:-
Prom the First Concession Line southerly to the southerly
limit of property owned by B. Rush in north half Lot 24
of Rroken Front Range 3.
2. That
with
3. The
work
BY-LAW read a FIRST time this day of 1950.
BY-LAW read a SECOND time day of 9to?.w.-vr/ 1950.
BY-LAW read a THIRD TIME a his day of
1950.
-eve.
the said street will be taken over in accordance
agreement in Schedule "A" of this Rv-law.
Corporation will assume said road on completion of
as specified in "Schedule A.".
this
nd ASSED t
Clerk.
S C H E D U L E " A"
ATTACHED TO AND FORMING PART OF BY-LAW No.1833
AGREEMENT made this
First
day of
November
1950.
BETWEEN:
All Parties named who have subscribed their names hereto, herein called
the "OWNERS".
AND
of the First Part:
The Municipal Corporation of the Township of Pickering, in the County
and Province of Ontario, herein called the "CORPORATION"
of the Second Part:
WHEREAS by petition the owners have requested this Corporation to create
certain improvements upon the following road:-
From the First Concession Line southerly to the southerly limit
of property owned by Rrnaat See•kt in north half Lot 24 of Broken
Front Range 3. .w f
AND WHEREAS the said Corporation has agreed to make such improvements
upon the terms hereinafter set out :-
NOW THIS AGREEMENT WITNESSETH THAT the said Corporation will extend
on is own authority, an in is own manner, and so as not to exceed
THREE HUNDRED DOLLARS ($300) upon rebuilding the road foundation and
culverts upon the said roads; the said Corporation will levy upon
its general rate FORTY PERCENT (40%) of such expenditure and the Owners
will pay on levy thereof in the years 1951, 1952 and 1953 the other
SIXTY PERCENT (60/) of the said total cost, or TWENTY PERCENT (20%)
of the said total cost in each of the said three years; each of the
Owners whose property abuts directly on the work or upon land immediately
benefitted by the work, paying an equal share, the one with any other
one of them, in each of the said three annual levies; that each of the
said Owners covenant that he, she or they are owners in fee simple of
their respective lands, and that the said Corporation may, if they
wish, register this agreement, or a copy of same, in the Registry
Office for the Registry Division of the County of Ontario at Whitby,
as notice to subsequent purchasers that the lands of the Owners are
charged with the aforesaid three levies, it is also agreed by and
between the said parties hereto that the manner and method of carrying
out the aforesaid improvements on the said road will be in the absolute
discretion of the Corporation, the officers, servants or agents of
the Corporation; and that the said owners shall have no right of action
against the said Corporation resulting from nonfeasance or malfeasance.
AND THE SAID OWNERS AGREE to the installation by the said Corporation
of a STEEL CULVERT to be placed on the road, in the ditch, at the
driveway o each Owner, and at a place agreed to between the Owner
and the Corporation immediately on completion of the work. The
Corporation agrees to instal said culvert at cost to themselves, and
same will be added to the Owners' tax bills in the year 1951.
AND THE SAID OWNERS, for themselves, their respective heirs, executors,
a n stra ors, successors or assigns covenant to carry out and put
into effect the terms of this agreement.
IN WITNESS WHEREOF the Owners of the
hands an seals and the Corporation
Corporate Seal, duly attested by the
First Part have hereunto set their
of the Second Part has affixed its
hands of its proper officers:
(Over)