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HomeMy WebLinkAboutBy-law 3068/89 THE CORPORATION OF THE TOWN OF PICKERING Being a by-law to authorize the execution of a Release of an Agreement respecting Part Lot 6, Plan 469, Picketing (William M. Gerrits). WHEREAS, it is necessary to remove from title an Agreement between the Town and William Martin Gerrlts dated December 12, 1983 and registered Aprll 19, 1984 as Instrument No, D175686; NOW THEREFORE, the Council of The Corporation of the Town of Pickerlng HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Release, in the form attached hereto as Schedule A, of an Agreement dated December 12, 1983 and registered April 19, 1984 as Instrument No. D175686 respectlng Part Lot 6, Plan 469, Pickering (William Martin Gerrits). BY-LAW read a first, second and third time and finally passed this 20th day of March, 1989. Wayne A/r~ urs, -Mayor B~uce Taylo~, Clerk 'TOWN OF PICKER~N(; 'APPROVED LEGAL Schedule A RELEASE In consideration of the sum of Two Dollars ($2.00) paid to it, receipt of which is hereby by it acknowledged, THE CORPORATION OF THE TOWN OF PICKERING, hereby releases and forever discharges WILLIAM MARTIN GERRITS his heirs, executors, administrators, successors and assigns, of and from all claims, demands, damages, actions or causes of action which may have arisen, are arising, or may arise as a result of or in any way related to an Agreement dated December 12, 1983, and registered as Instrument No. D175686 on April 19, 1984 between THE CORPORATION OF THE TOWNSHIP OF PICKERING and WILLIAM MARTIN GERRITS concerning Part Lot 6, Plan 469, Pickering. IN WITNESS WHEREOF The Corporation of the Town of Picketing has hereunto affixed its corporate seal attested by its properly authorized officers this 20th day of March, 1989. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk THIS AGR£EMENT made in triplicate this IZth day of December. lq83. THE CORPORATJON OF THE TOWN OF' PJCKERINC,, hereinafter referred to as the ~Town'. Licensor. OF' TIIF. FIRF. T PART. %~'/LLIAM .MARTIN GERRITS hereinafter referred to aa the "Owner~. Licensee. OF THE SECOND PART. WllEREAS the Town Js the owner in fee simple of Southview Drive. upon which are located certain municipal services (including a roadway), public utilities and driveway approaches; and WHEREAS the Owner is the owner in fee simple of certain lands and premises, heing Lot 6, Plan 469, Pickering, adjacent to the Town's lands, and upon which is located s ctwel]ing and related appurtenances; and WllEREAS the Owner wishes to install and maintain an interlocking brick driveway approach between the Owner's lands and the Town's roadway; NOW THEREFORE. THIS AGREEMENT WITNESSETll that in consideration of the prem- ises and the mutual covenants and conditions herein contained, and the sum of Two Dollars (:$2.00) now paid by the Owner to the Town. receipt of which is hereby acknowledged, the Parties hereto agree as follows: This Agreement affects, and shall be registered on title to. those lands owned by the Owner and more particularly described in Schedule "A" hereto. The Town hereby grants to the Owner a licorice, hereinafter referr'~d to as the "Licorice" to occupy that part of Southview Drive. outlined in cross-hatching on the sketch attached as Schedule 'B~ hereto, hereinafter referred to as ,'the Lands" for the purpose of a driveway approach providing access to the Owneres lands, subject to the terms and conditions of this Agreement. 3. (1) The Licence hereby granted. (al shall not transfer any pomsesaory or leasehold Interest in the Lands to the Owner; (b) shah be effective twenty=four {-~4) hours per day. every ;ta~' of every year du~ng the term of the I.icence: and (c) shall not preclude or prevent the Town from using the,Lands as · municipal public highway. (7) For the purposes of clause (c} of subsection {1). above, the Owner ~hall ensure that continuous public pedestrian and vehicular acer'ss is available on. alon~ and across the ~ands at all times. 4. The Owner shall maintain and use the l,ands only as a drtv~rway approach for no other purposes. fl) Following completion of any work· performt, d on Ihe !.nnds. the Owner shall advise the Town and obtain the apprnva! ol' thc Town'~ flirt, clot })ublic Works thereto. (2) The Owner shall comply with any requirement made by Ihe Dir~.ctor in the process of approving the works. (3) The Owner shah be solely responsible for the full cost ~ the Eevelope,.nt and maintenance of the Lands. (4) If the Owner /ails to complete development, or to maintain the Lands to the Town's satisfaction following completion, then the Town may. upon seven (7) day's notice to the Owner. enter upon the I,ands for the purpose of completion or maintenance, as the case may he. and. an)' costs incurred by the Town by rea·on o[ so doing shall b~ paid to thc Town by 'the Owner within thirty (30) days o~ receipt by the Ow.er o/ the Town's invoice there/or. 6. (Il The Owner shall pay any taxes or other similar charges that may be lex, led on or after the date hereof against the l.ands. (2) The Owner shall indemnify and save harmless the '.['own ul' and fram all manner of claims, damages, losses, costs or charges wh;it snevt~r occaRioned to or suffered hy or imposed upon the 'Town or the either directly or indirectly, in respect of ~ny matter or thing in consequencc of or in connection with or arising from the Owner's developm,,nt, maintenance or use of the Lands or from any operation connected therewith or in respect of any accident, damage or.injury to any person, animal or thing by. from or on account of the same. 7. {l} The term of this bicence shall be for a period of ten {10) years commencing on December IZth. lgE~ an~l expiring on December lZth, 1993. or the date that the Owner ceases to be the owner of the lands described in Schedule "A" hereto, whichever first occurs, unless the [.Icence earlier revoked, terminated or surrendered pursuant to the provision· subsection {2), below. (2) The Licorice hereby granted may. (al be r~voked by the Town upon aixly (60) day'a written notice the Owner: (b} be terminated at any time upon the written agreemenl o~ the Partiesg and (c) be surrendered by the Owner upo~ sixty (60) day'a written notice to the Town. (3) Notwithstanding'the provialona of aubaectiona {I} and {2). above, the Town may temporarily eu~pend the Licence. upon two (2) day'a notice the Owner. for the period o~ conatruction, tn the event that the Town or a public utility authe~ty wishes to inatall, inape~t, repair er mintain a :' ~er~ce on. in er under th~ Eandl. (4) In the event the ~icence is suspended pursuant to Ihe provisions or subsection (:~), the operation of ill terms and conditions of this Agreement, except sections 6(2), 8 and 9, shall also he ~uapended ior the same period of time. 8. (]) Any notice, document or other communication required or permitted tn be Riven hereunder shall be in wrttin8 and shall be sufficiently given il' sent by prepaid registered mail or delivered. (a} in the case of the Owner. to 1972 Southviev, Drive. Picketing. Ontario L)V )YT, and (b) in the case of the Town, to the Town Clerk. at ITIfJ Kingston Road, Picketing, Ontario L1V IC7. (2) ~ch Party may redesignate the person or the address, or both, to whom or at which such notice, document or other communication ~hal! be given by giving written notice to the other. (3) Any such notice, document or other communication shall be deemed tn have been given on the first business day follnwing the d;,te o~ mailing nr the date ~f delivery, as the case may be. 9. (1) This Agreement and everything herein contained shall extt.~d to. bind and enure to the benefit of ~he Parties hereto, but not t~ their successors and assigns. (~) This Agreement is not assignable, in whole or m part. hy either Party. J.~ WJ*J'NE$5 ~,fHF-~[OF, the Part}, of the First Part has hereunlo al~Jxed its cnrporale seal. duly attested by its proper authorized officers, and the Party of the Part has hereunto set his hand and seal. S2GNE~, SEALED ~ DELIVERED Clerk In the pre~ence of ;. I, Linda Gerrits, spouse of William Martin Gerrits, the Owner herein, hereby ¢o.'~sent to the execution and entering into o( this A~r~nt I)y Wfllinm kiirtJn ~errit~ ~nd the registration of the A~reement upon the title to the lands nf~*cted hereby agree to be bound by the terms of the said AEreemeflt. IN WITNESS tVIt~EOF, I have hereunto set my h~nd and seal this /; ~day / SIGNED, SEALED & Jn the presence of "SCHEDULE A" ALL AND SINGULAR that certain parcel or tract of land end premises situate, lying and being in the Town of Picketing, in the Regional Municipality of Durham and Province of Ontar~o, (formerly the Township of Picketing, County of Ontario) and being composed of the whole of Lot No. 6, according to · Plan registered in the Registry Office for the Registry Division of Durham as No, 469. AS DESCRII&ED in Instrument No. 237542. $C;;£DULr. LOT (~ Pc.A~J ~/G cf I'q'7.9.. S:x.n'~v~CVv' OR.