HomeMy WebLinkAboutBy-law 1459/82THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1459 /82
Being a By-Law to authorize the execution
of a Demolition Agreement between The
Durham Region Roman Catholic Separate School
Board and the Corporation of the Town of
Pickering respecting Part Lot 24, Concession
2, Pickering (Parts 11, 12 & 13, Plan
40R-5723) (LD 73/80)
WHEREAS, by decision dated February 25th, 1980, the Regional Munici-
pality of Durham Land Division Committee approved the severance of
part of Lot 24, Concession 2, Pickering, subject to several conditions,
one of which requires that an Agreement be entered into respecting
the demolition of the present dwelling prior to the issuance of a
building permit for the construction of a church building on the
lands herein;
NOW THEREFORE, the Council of the Corporation of the Town of Pickering
HEREBY ENACTS AS FOLLOWS:
The Mayor and Clerk are hereby authorized to execute an Agreement,
in the form attached hereto as Schedule "A", between The Durham
Region Roman Catholic Separate School Board and the Corporation
of the Town of Pickering respecting part of Lot 24, Concession 2,
Pickering (Parts 11, 12 & 13, Plan 40R-5723) (LD 73/80).
BY-LAW read a first, second and third time and finally passed this
15th day of March, 1982.
Schedule "A" to By-law #1459/82
THIS AGREEMENT made in triplicate this 15th day of March, 1982.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE FIRST PART,
- and-
THE DURHAM REGION ROMAN CATHOLIC SEPARATE SCHOOL BOARD
hereinafter called the "Owner"
'OF THE SECOND PART.
WHEREAS the Owner is the owner in fee simple of the
hereby, upon which is presently located a dwelling
to as the "present dwelling"; and
lands affected
(hereinafter referred
WHEREAS the Land Division Committee of the Regional Municipality of
Durham, by decision (LD 73/80) dated February 25th, 1980, approved an
application for consent to convey the lands affected hereby, for church
purposes only, subject to conditions, one of which provides as follows:
That the applicant agree that the two existing houses be dealt
with (removed if necessary) to the satisfaction of the Town of
Pickering prior to the issuance of a building permit for church
purposes, and
WHEREAS one of those existing houses has been demolished since February
25th, 1980; and
WHEREAS it is necessary to provide for the demolition of the present
dwelling prior to the issuance of a building permit for the construc-
tion of a church building on the lands affected hereby;
NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT, in consideration of the
sum of Two Dollars ($2.00) paid by each Party to the other, receipt of
which is hereby acknowledged by each, the Parties hereto agree as
follows:
1. The lands affected hereby are those lands more particularly des-
cribed in Schedule "A" hereto.
The Owner shall, within 90 days of the issuance to it of an
occupancy permit respecting a church building, remove the present
dwelling from the lands affected hereby.
- 2 -
The Owner agrees that in default of its performance of its obli-
gation under section 2 hereof, the Town may, upon 10 day's written
notice to the Owner, provided by registered mail, directed to it
at its address set out on the application for the church building
building permit, enter the lands affected hereby and remove the
present dwelling at the Owner's sole expense and for the purpose
of such removal by the Town, the Owner hereby appoints the Town as
its agent.
The Owner further agrees that in the event that the Town enters
and removes the present dwelling pursuant to the provisions of
section 3 hereof, the cost of such removal may be assessed against
the lands affected hereby and collected in the same manner as
taxes.
This Agreement and everything herein contained shall enure to the
benefit of and be binding upon the respective heirs, executors,
administrators, successors and assigns of the Parties hereto.
IN WITNESS WHEREOF the Parties hereto have hereunto affixed their
respective Corporate Seals, duly attested by the hands of their proper
officers authorized in that behalf.
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
Clerk
THE DURHAM REGION ROMAN CATHOLIC SEPARATE
SCHOOL BOARD
Per:
Per:
SCHEDULE "A"
ALL AND SINGULAR that certain parcel or tract of land and premises
situate, lying and being in the Town of Pickering in the Regional
Municipality of Durham and Province of Ontario and being composed of
those parts of Lot 24, Concession 2, designated as Parts 11, 12 and 13
on a plan of survey of record deposited in the Land Registry Office for
the Registry Division of Durham (No. 40) as Plan 40R-5723.
G~O~
]OOdkt]Al'l
DR~VE
Town of Pickering
Legal Department
Durham Region Roman Catholic
Separate School Board
LD 73/80
- Demolition Agreement