HomeMy WebLinkAboutBy-law 1965/85THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1965 /85
Being a by-law to authorize the execution of a
Licence Agreement between The Corporation of
the Town of Picketing and The Durham Board of
Education with respect to the use by the Board of
a part of the Town's lands in Block W, Plan
M-1039 (Pine Creek Park and Vaughan Willard
Public School - westerly Glenanna Road entrance)
WHEREAS The Corporation of the Town of Pickering is the owner of Block W, Plan
M-1039;
WHEREAS The Durham Board of Education has requested that it be allowed to make
use of a part of the Town's lands for certain purposes;
WHEREAS, pursuant to the provisions of section 193 of the Municipal Act, R.S.O.
1980, chapter 302, the Town may dispose of lands not required;
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 a Licence Agreement in
the form attached hereto as Schedule A between The Corporation of the Town of
Picketing and The Durham Board of Education respecting the use of part of
Block W, M-1039 (Pine Creek Park and Vaughan Willard Public School - westerly
Glenanna Road entrance).
BY-LAW read a first, second and third time and finally passed this 4th day of Febru-
ary, 1985.
- 2-
The Licence hereby granted shall be revocable,
(a)
(b)
(c)
at any time, in the event of an emergency;
upon two year's written notice to the Board; or
upon three month's written notice to the Board in the event that the
Board's lands cease to be used for the purpose of a public school.
The Board 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 Board, its employees, servants, agents or invitees in the use
of the subject lands.
This Agreement and everything herein contained sh~ll extend to, bind and
enure to the benefit of the Parties hereto only, and is not assignable in any
IN WITNESS WHEREOF, the Parties hereto have affixed their corporate seals, duly
attested by the hands of their respective authorized officers.
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
Clerk
THE DURHAM BOARD OF EDUCATION
Chairman
Superintendent of Business
SCHEDULE A
THIS AGREEMENT made this 4th day of February, ]985.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town",
OF THE FIRST PART,
- and -
THE DURHAM BOARD OF EDUCATION
hereinafter called the "Board",
OF THE SECOND PART.
WHEREAS the Town is the owner in fee simple of the lands and premises more par-
ticularly described in Schedule A hereto (hereinafter called the "Town's lands"); and
WHEREAS the Board is the owner in fee simple of the lands and premises more
particularly described in Schedule B hereto (hereinafter call the "Board's lands");
and
WHEREAS the Board has requested that it be allowed to make use of a part of the
Town's lands for certain purposes;
NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT, in consideration of the sum
of Two Dollars paid by each of the Parties hereto to the other, receipt whereof is
hereby acknowledged by each, the Parties hereto agree as follows:
The Town hereby grants to the Board an exclusive licence to use that part of
the Town's lands outlined in red on the sketch attached hereto as Schedule C
(hereinafter call the "subject lands") for the purpose of a driveway providing
ingress and egress between Glenanna Road and the Board's lands, subject to
the terms, conditions and covenants herein contained.
The licence hereby granted is not intended to and shall not transfer any
possessory right or leasehold interest to the Board from the Town,
The Licence hereby granted shall be effective twenty-four hours per day,
every day of every year during the currency of this Agreement.
SCHEDULE A
ALL AND SINGULAR that certain parcel or tract of land situate, lying and being in
the Town of Picketing, in the Regional Municipality of Durham and Province of
Ontario, and being composed of all of Block W, according to a Plan registered in the
Land Registry Office for the Registry Division of Durham as Plan No. M-1039.
SCHEDULE B
ALL AND SINGULAR that certain parcel or tract of land and premises, situate, lying
and being in the Town of Picketing in the Regional Municipality of Durham and Prov-
ince of Ontario (formerly the Township of Picketing, in the County of Ontario) and
being composed of Part of Lot 4 as shown on Bostwick's Plan, being a Plan of Part of
Lot 24, Concession l, Picketing, made by Frederick Fortescue Passmore, dated Feb-
ruary 20th, 1863, and registered in the Registry Office for the Registry Division of
Durham on December 28th, 1865, as Number 26451, which said parcel may be more
particularly described as follows:
COMMENCING at a point where an iron pipe is planted in the east limit of the allow-
ance for road between Lots 24 and 25, distant 2666.11 feet northerly thereon from the
southwest angle of Plan registered as Number 489, which point is distant 65.63 feet
north from the southwest angle of said Lot 4;
THENCE NORTHERLY along the east limit of the said allowance for road a distance of
520 feet to a point;
THENCE EASTERLY and at right angles to the said allowance for road, a distance of
520 feet to a point;
THENCE SOUTHERLY and parallel to the said allowance for road, a distance of 520
feet to a point;
THENCE WESTERLY and at right angles to the said allowance for road, a distance of
520 feet to the place of beginning, containing by admeasurement 6.2 acres be the
same more or ]ess.
TOGETHER with an easement for drainage purposes over, along and upon a strip of
land 20 feet in perpendicular width, extending easterly from the west limit of the said
Lot 4 to a point in the centre of a small creek, a distance of 1,049 feet more or less,
the northerly limit of which said strip of land is the south limit of the hereinbefore
described lands and the production thereof easterly.
ALL AS DESCRIBED in Instrument No. 43752.
SCHEDULE C
Glenanna Road
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