HomeMy WebLinkAboutBy-law 4730/96 THE CORPORATION OF THE TOWN OF PICKER1NG
BY-LAW NO. 4730/96
Being a by-law to authorize the execution of an
Agreement respecting the unopened road allowance between
Lots 8 and 9, Concession 9, Picketing ('lying north of the
northerly limit of Durham Road No. 5, east of Westney Road).
WHEREAS on July 25, 1995, the Town's Committee of Adjustment approved an application for a minor
variance subject to certain conditions.
NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS
FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute an Agreement in the form attached hereto
as Schedule A, between John Brian Fleming and The Corporation of the Town of Pickering,
respecting the unopened road allowance between Lots 8 and 9, Concession 9, Pickering (lying
north of the northerly limit of Durham Road No. 5, east of Westney Road).
BY-LAW read a first, second and third time and finally passed this 5th day of February, 1995.
Bruce Taylor, Clerk
Schedule A
THIS AGREEMENT made this 17th day of January, 1996.
BETWEEN:
CAREY BRIAN FLEMING
hereinafter called the "Owner"
OF THE FIRST PART,
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART,
WHEREAS the Owner is the registered owner of the lands described as part of Lot 9, Concession 9, Pickering,
designated as Part 1, Plan 40R~5794, (the "Owner's Lands") which lands are adjacent to the road allowance between Lots
8 and 9, Concession 9, Picketing (lying north of the northerly limit of Durham Road No. 5, east of Westney Road) (the
"Subject Lands");
AND WHEREAS the Town's Committee of Adjustment by a Decision dated July 25, 1995 approved an application by
the Owner for approval of a minor variance;
AND WHEREAS the Committee of Adjustment required the Owner to enter into this Agreement as a condition of the
Approval;
NOW THEREFORE TH1S AGREEMENT WITNESSETH that in consideration of the covenants hereinafter expressed,
and in further consideration of the sum of Two Dollars ($2.00), now paid by each of the parties hereto to each of the
other parties hereto, the receipt of which is hereby acknowledged, the Town and the Owner hereby covenant, promise
and agree with each other as follows:
1. The Owner hereby acknowledges and agrees that he is the sole registered and beneficial owner of the Owner's
Lands.
2. The Owner hereby acknowledges and agrees that the Town currently does not maintain and has no present or
future intention to maintain or provide garbage and/or recycling pick-up to any portion of the Owner's Lands.
3. The Owner hereby acknowledges and agrees that the Town currently does not provide and has no current or
future intention to provide any municipal services directly to the Subject Lands.
4. The Owner hereby undertakes as follows:
(i) he will not now, or at any time in the future, request the Town to maintain any portion of the Subject
Lands; and
(ii) he will not now, or at any time in the future, request the Town to provide any municipal services directly
to the Subject Lands.
5. The Town hereby acknowledges and agrees that nothing in this Agreement shall prevent the Owner from
contracting with the Town from time to time, for snow removal, paving and other related services, provided that
such services shall be provided by the Town on a private contractual basis at the sole expense of the Owner and
at no cost to the Town.
6. The Owner acknowledges and agrees to maintain the Subject Lands to a standard adequate to permit emergency
vehicles to access the Owner's Lands at all times at his own expense, and at no cost to the Town.
7. The Owner agrees to indemnify and save harmless the Town of Pickering for any and all claims, losses and
damages arising as a result of the existence of the unopened road allowance and/or as a result of the failure of the
Owner to adequately maintain the Subject Lands as deemed necessary by the Town to allow for access to the
Owner's Lands by emergency vehicles in accordance with this agreement.
8. The Owner agrees and consents to this Agreement and/or notice being registered on title to the Owner's Lands.
9. The Owner agrees that the convenants, promises, undertakings and stipulations of the Owner contained herein
and in particular, but without in any way limiting the generality of the foregoing, the undertakings contained in
Section 5 of this Agreement, shall enure to the benefit of the Town and shall be binding upon the Owner and his
respective successors, heirs and assigns, including, but without in any way limiting the generality of the
foregoing, futurepurchasers of the Subject Lands.
IN WITNESS WHEREOF the parties hereto have hereunto executed this agreement as set out below.
SIGNED, SEALED & DELIVERED
Carey Brian Fleming
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
~wn of Pickering ,. Planning Department.
The Town of Pickering - Part of ~t 9, concession 9, Pickling
LEGAL SERVICES DEPARTMENT - ~te~ce A~t