HomeMy WebLinkAboutBy-law 2982/88THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2gg2 /88
Being a by-law to authorize the execution of an I�
Encroachment Agreement between The Corporation
of the Town of Pickering and Lew and Susan
Stymest respecting Part Lot 3, Concession 7,
Pickering.
WHEREAS, The Corporation of the Town of Pickering is the owner of the road
allowance between Lots 2 and 3, Concession 7, Pickering known as Sideline 2 Road;
and
j WHEREAS Lew Michael Stymest and Susan Lee Stymest are the owners of Part Lot 3,
', Concession 7, Pickering, which lot abuts a portion of Sideline 2 Road; and
WHEREAS a building presently located on Part Lot 3, Concession 7, Pickering,
encroaches onto Sideline 2 Road; and
WHEREAS it is deemed expedient to permit such encroachment to continue, 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 an Encroachment Agree-
ment, in the form attached hereto as Schedule A, between The Corporation of
the Town of Pickering and Lew Michael Stymest and Susan Lee Stymest
respecting the encroachment of a building located on Part Lot 3, Concession 7,
Pickering, on a portion of the road allowance known as Sideline Z Road.
BY-LAW read a first, second and third time and finally passed this 19th day of
December, 1988.
TOWN OF
PICKERING
AP°ROVED
�. TO f��
LEG=.L DEt
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2982 /88
Being a by-law to authorize the execution of an
Encroachment Agreement between The Corporation
of the Town of Pickering and Lew and Susan
Stymest respecting Part Lot 3, Concession 7,
Pickering.
WHEREAS, The Corporation of the Town of Pickering is the owner of the road
allowance between Lots 2 and 3, Concession 7, Pickering known as Sideline 2 Road;
and
WHEREAS Lew Michael Stymest and Susan Lee 5tymest are the owners of Part Lot 3,
Concession 7, Pickering, which lot abuts a portion of Sideline 2 Road; and
WHEREAS a building presently located on Part Lot 3, Concession 7, Pickering,
encroaches onto Sideline 2 Road; and
WHEREAS it is deemed expedient to permit such encroachment to continue, subject to
certain terms and conditions;
NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY
ENACTS AS FOLLOW5:
1, The Mayor and Clerk are hereby authorized to execute an Encroachment Agree-
ment, in the form attached hereto as Schedule A, between The Corporation of
the Town of Pickering and Lew Michael Stymest and Susan Lee Stymest
respecting the encroachment of a building located on Part Lot 3, Concession 7,
Pickering, on a portion of the road allowance known as Sideline 2 Road.
BY-LAW read a first, second and third time and finally passed this 19th day of
December, 1988.
TOWN OF
PICKERING
AP°ROVED
� TO f;J�
�ECa� oc�
Schedule A
THIS AGRE�MENT made this 19th day of December, 1988.
B E T W E E N:
THE CORPORATION OF THE TOWN OF PICKERING
Licensor (hereinafter referred to as the "Town"),
OF THE FIRST PART,
and
LEW MICHAEL STYMEST
and
SUSAN LEE STYMEST
Licensee (hereinafter collective]y referred to as the "Owner")
OF THE SECOND PART.
WHEREAS the Licensee is the Owner, in fee aimple, of that part of Lot 3, Concession
7, Pickering, more particularly described in Schedule "B" hereto; and
WHEREAS parts of buildings located on the Owner's lands encroach upon a certain
municipal road allowance, namely Sideline 2, Concession 7, Pickering;
NOW TtIEREFORE this Agreement witnesaeth that, in consideration of the sum of two
dollara i$Z.00) paid by the Owner to the Town, receipt of which is hereby acknowl-
edged, and of the mutual covenants, terms an.d conditions hexeinafter set out, the
Parties hereto agree as followa:
1. The land benefitted by this Agreement is that part of Lot 3, Concession 7,
Pickering, ae deacribed in Instrument No. D292303.
2. The Town hereby grants a licence to the Owner to occupy that part of the
Town's road allowance known as Sideline 2, Concession 7, Pickering, as outlined
in heavy black on the sketch attached as Schedule "A" hereto (the "Lands"),
for the purpose of maintaining the existing frame shed and appurtenances
thereto, thereon.
3. The licence granted he;eby ie not intended to and shall not tranafer any
poasesaory right or leasehold interest to the Owner from the Town.
4. The licence hereby granted ia revocable by the Town,
(a) at any time, in the event of an emergency requiring the full width of the
road allowance;
(b) upon one year's written notice to the Owner; or
(c) upon the removal of the building deacribed in section 2,
whether or not the Town has re-entered the Lands or done any act or thing in
reapect to it.
5. The Owner ehall at all timea indemnify and save harmleas the Town from and
against all claime, demands, loas, coata, damages, actiona, auits or other
proceedinga by whomsoever made, suatained, brought or prosecuted in any
manner based upon, occasioned by or attributable to anything done or omitted
to be done by the Owner in their use and maintenance of the Lands or any
buildinge or atructures thereon.
6. If the Lande are at any time during the currency of this Agreement, assessed
for realty tax purpoaes, 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.
7. (1) This Agreement and everything herein contained shall extend to, bind
and enure to the benefit of the respective parties hereto, only, and is
not aesignable in any way.
(2) Su6section 1 shall not be canstrued 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.
IN WITNESS WHEREOF the Town has affixed its corporate sea] attested by its au-
thorized officers and the persona compriaing the Owner have affixed their hands and
aeals.
SIGNED, SEALED !� DELIVERED
In the preaence of
THE CORPORATION OF THE TOWN OF PICKERING
ayne rt urs, ayor
ruce ay or, er
Lew ic ae tymest
usan ee tymest
Schedule B
FIRSTLY
Part of Lot 3 in the Seventh Concesaion (10.013 acres more or less), Town of Picker-
ing (formerly Townahip of Pickering), Regional Municipality of Durham (formerly
County of Ontario), more particularly described as follows:
PREMISING that the eaeterly limit of the said Lot 3 has a bearing of north 18 degrees
19 minutes 34 seconda west and relating all bearings herein thereto, then,
COMMENCING at a stone monument marking the south-east angle of the said Lot 3;
THENCE North 18 degreea 14 minutes 34 seconda west, along the said easterly limit of
Lot 3, six hundred and fifty-eight feet (658') to an iron bar planted;
THENCE South 71 degrees 55 minutes weat, six hundred and sixty-two decimal nine
two feet (662.92') more or leas to an iron bar planted in the limit between the east
and west halves of the said Lot 3;
THENCE 5outh 18 degreea 19 minutea 50 aeconda east, along the last mentioned limit,
six hundred and fifty-eight feet (658') to an iron bar planted in the southerly limit of
the said Lot 3;
THENCE Narth Tl degrees 55 minutes east, along the said southerly limit of Lot 3,
six hundred and aixty-two decimal eight aeven feet (662.87') more or less to the point
of commencement.
SECONDLY
North }lalf of Lot Number 5, Concession 8, Town of Pickering, Formerly Township of
Pickering, Regional Municipality of Durham, Formerly Gounty of Ontario, Registry
Division of Durham (No. 40) at Whitby.
ALL AND SINGULAR that certain parcel or tract of land and premises eituate, ]ying
and being in the Town of Pickering, in the Regional Municipality of Durham, formerly
in the Township of Pickering, in the County of Ontario, and being composed of the
North half of Lot Number Five (5) in the Eighth Concession of the Town of Pickering,
SAVE AND EXCEPT the following parcel of land;
COMMENCING at the north-east angle of said Lot 5;
THENCE WESTERLY and alons the North limit of said Lot a distance of 2�0,0 feet to
an iron bar;
THENCE SOUTHERLY 17 degrees 23 minutes 30 seconds East a diatance of 200.0 feet
to an iron bar;
THENCE NORTHERLY 69 degrees 15 minutea 30 seconds East a distance of 200.0 feet
to an iron bar planted on the easterly limit of said lot;
THENCE NORTHERLY 17 degrees 23 minutes 30 seconds West and being along the East
limit of said Lot a diatance of 200.0 feet to the iron bar marking the Point of
Commencement.
AND SUBJECT to a grant of easement to the Trans-Canada Pipe Lines Limited, regis-
tered under Inatrument No. 61123.
SAVE AND EXCEPT Part 1 as ahown on Reference Plan 40R-5992.
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LOT
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3
SCHEDULE A
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1 �,R�g SHED .
S/E Angle Lot 3
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0.1' W
0.4'E
30'
— Shed 0.3'E
—Eavea 0.8' E
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Infotmatian
provided hereon
ia based upon a
aurvey dated
September 20,
1988 by Brown &
Coggan Ltd., OLS
North
Road Allowance Between Concessions 6 and 7, P�ckering (Concesaion 6 Road)