HomeMy WebLinkAboutBy-law 3691/91THE CORPORATION_ OF THE TOWN _OF PICKERING
BY-LAW NQ. 3691/91
Being a by-law to authorize the execution of att
Encroachment Agreentent bem,een The Corporation of
the Town of Pickering and Theresa Agnes Patterson and
James Peter Patterson respecting Part Lot 14,
Registrar's Compiled Platt 814, Pickering. (Fairview
Avenue; Part 1, Platt 40R-13495)
WHEREAS The Corporation of the Town of Picketing is the owner of the road allowance known as
Fairview Avenue, Picketing, including the portion thereof being that part of Lot 14, Registrar's
Compiled Plan 814, Picketing, designated as Part 1, Plan 40R-13495; and
WHEREAS Theresa Agnes Patterson and James Peter Patterson are the owners of another part of Lot
14, Registrar's Compiled Plan 814, Picketing, which abuts Part 1, Plan 40R-13495; and
WHEREAS a dwelling presently located on the Pattersons' lands encroaches omo part of Part l, Plan
40R-13495; and
WHEREAS, pursuant to the provisions of the MunicipalAct, R.S.O. 1980, chapter 302, section 210.101,
it is deemed expedient to allow such encroacbanent to continue, subject to certain terms and conditions;
NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS
FOLLOWS:
The Mayor and Clerk are hereby authorized to execute an Encroaclnnent Agreement in the
form attached hereto as Schedule A, between The Corporation of the Town of Picketing and
Theresa Agnes Patterson and James Peter Patterson respecting the encroachment of a dwelling
otherwise located on Part Lot 14, Registrar's Compiled Plan 814, Picketing, ontn that part of
the road allowance known as Fairview Avenue being that part of Lot 14, Registrar's Compiled
Plan 814, Picketing, designated as Part 1, Plan 40R-13495.
BY-LAW read a first, second and third time and finally passed this 2nd day of April, 1991.
TOWN OF
PICKERING
APPROVED
LEGAL DI[PT.
Wayne Xrtt~, Mayor
Brace Taylor, Clerk
SCHEDULE
THIS ENCROACHMENT AGREEMENT made April 2, 1991.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
Licensor (herein referred to as the "Town"),
OF THE FIRST PART,
THERESA AGNES PAqTrERSON
and
SAMES PETER PATI'ERSON
Licensee (herein collectively referred to as the "Owner"),
OF THE SECOND PART.
WHEREAS the Owner is the registered owner of that par~ of Lot 14, Registrar's Compiled Plan 814,
being part of Lot 23, Range 3, Broken Front Concession, Picketing, more particularly described in
Instrurnent No. D356314; and
WHEREAS part of a building located on the Owner's lands encroaches upon part of a certain
Town-owned road allowance, namely Fairview Avenue, Pickering;
NOW THEREFORE, this Agreement wimesseth that, in consideration of the sum of two dollars ($2.00)
paid by the Owner to the Town, receipt of which is hereby acknowledged and of the mutual covenants,
terms and conditions hereinafter set out, the Parties hereto agree as follows:
The lands henefitted by this Agreemem are that part of Lot 14, Registrar's Compiled Plan 814,
being part of Lot 23, Range 3, Broken Front Concession, Pickering, more particularly described
in Instrument No. D356314.
The Town hereby grants a licence to the Owner to occupy that part of the Town-owned road
allowance known as Fairview Avenue, Picketing, being that part of Lot 14, Registrar's
Compiled Plan 814, Picketing, designated as Part I, Plan ,~0R-13495, (the "Lands"), for the
purpose of maintaining the existing dwelling and appurtenances thereto, thereon.
The licence granted hereby is not intended to and shall not transfer any possessory right or
leasehold interest in the Lands to the Owner from the Town.
The licence hereby granted is revocable by the Town,
(a)
at any time, in the event of an emergency requiring the full width of the mad
allowance;
(b) upon one year's written notice to the Owner; or
(c) upon the removal of the dwelling described in section 2,
whether or not the Town has re-entered the Lands or done any act or thing in respect to them.
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 whomsoever 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 the use and maintenance of the Lands or
any buildings or structures thereon.
If the Lands are at any time during the currency of this Agreement assessed for realty tax
purposes, then in that event the Owner shall pay to the Town during the currency of this
Agreement, all annual realty taxes payable as a result of such assessment.
(1)
(2)
This Agreement and everything herein contained shall extend to, bind and enure to thc
benefit of the respective parties hereto only and is not assignable in any way.
Subsection (1) shall not be construed in such a way that a bona fide tenant of the Owner
is not permitted to occupy the Lands during the term of the tenancy, but such occupancy
shall not limit the rights of the Town nor the obligations of the Owner hereunder in any
way.
IN WITNESS WHEREOF the Town has affixed its corporate seal attested by its authorized officers and
the persons comprising the Owner have affixed their hands and seals.
SIGNED, SEALED & DEL~ERED
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Axthurs, Mayor
Bruce Taylor, Clerk
In the presence of
THERESA AGNES PATI'ERSON
[Seal]
In the presence of
JAMES PETER PATrERSON
[Seall
-2-