Loading...
HomeMy WebLinkAboutBy-law 1460/82THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1460/82 Being a By-Law to authorize the execution of a Release by the Corporation of the Town of Pickering of Hans J. Weber and Elisabeth K. Weber from a Demolition Agreement respecting Lots 111 & 112, Plan 283, Pickering WHEREAS the Corporation of the Town of Pickering and Hans J. Weber and Elisabeth K. Weber entered into an Agreement dated May 1st, 1978 and registered as Instrument No. Dl15216; and WHEREAS it is now deemed expedient to release Hans J. Weber and Elisabeth K. Weber from the provisions of the said Agreement; 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 a Release, in the form attached hereto as Schedule "A", between Hans J0 Weber and Elisabeth K. Weber and the Corporation of the Town of Pickering respecting Lots 111 and 112, Plan 283, Pickering. BY-LAW read a first, second and third time and finally passed this 15th day of March, 1982. Schedule "A" to By-law #1460/82 In consideration of the sum of Two Dollars ($2.00) it, receipt of which is hereby by it acknowledged, paid to THE CORPORATION OF THE TOWN OF PICKERING hereby releases and forever discharges HANS J. WEBER & ELISABETH K. WEBER their 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 September 2nd, 1980 and registered as Instrument No. Dl15216 between THE CORPORATION OF THE TOWN OF PICKERING and HANS J. WEBER & ELISABETH K. WEBER concerning the lands more particularly described in Schedule "A" attached hereto. IN WITNESS WHEREOF the Corporation of the Town of Pickering has hereunto.affixed its corporate seal attested'by its properly authorized officers this 15th day of March, 1982. SIGNED, SEALED & DELIVERED Mayor Clerk SCHEDULE "A" ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Picker- ing in the Regional Municipality of Durham and Province of Ontario and being composed of Lots 111 and 112 accord- ing to Plan Number 283 registered in the Land Registry Office for the Registry Division of Durham (No. 40), AS DESCRIBED in Instrument No. Dl15216. THIS AGREEMENT made in duplicate this September , 1980 BETWEEN: 2nd day of THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF-THE FIRST PART, - and - HANS J. WEBER and ELISABETH K. WEBER hereinafte~ collectively called the "Owner" OF THE SECOND PART WHEREAS' the Owner is the owner in fee simple of the lands affected hereby, upon which is presently located a dwelling (hereinafter referred to as the "present dwelling"); and WHEREAS the Owner has made application to the Town for a building permit for the construction of a dwelling (hereinafter referred to as the "new dwelling") on the said lands; and WHEREAS ~it is necessary that the present dwelling be demolished or removed upon the completion of the new dwelling: NOW THEREFORE this Agreement witnesseth that, in consideration of the issuance by the Town to the Owner of a building permit for the new dwelling, the Owner hereby agrees as follows: The lands affected hereby are those lands more particularly described as follows: ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Pickering in the Regional Municip- ality of Durham, and being composed of Lots 111 and 112 according to Plan Number 283 registered in the Registry Office for Durham, as described in Instrument No. D71562. The Owner shall, within ninety days of the issuance to him of an occupancy permit respecting the new dwelling, demolish or remove the present dwelling from the lands affected hereby. The Owner agrees that in default of his perform- ance if the obligation under section 2 hereof, the Town may, upon 10 days written notice to the Owner, provided by registered mail, directed to him at his address set out on the application for the building permit for the new dwelling, enter the lands affected hereby and demolish or remove the present dwelling at the sole expense of the Owner, and for the purpose of such demolition or - 2 - removal by the Town, the Owner hereby appoints the Town as his agent. The Owner further agrees that in the event that the Town enters and demolishes or removes the present dwelling pursuant to the provisions of this Agreement, the cost of such entry, demoli- tion or removal may be assessed against the lands affected hereby and collected in the same manner as municipal taxes. This Agreement and everything herein contained shall enure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF the Town has hereunto affixed its Corporate Seal duly atteste~ by the hands of its proper officers authorized in that behalf, and the persons comprising the Party of the Second Part have hereunto set their hands and seals. SIGNED, SEALED AND DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Clerk In the presence of'~ ~'Han s J. Elisabeth K. Weber AFFIDAVIT OF SUBSCBIBING WITNESS of the -7-ocli'/ OW~ ~%~ ~ ~ in the ~6~ 0~ '0~= ~0 ~ Z ~ ~ ma~e oath and say: I am a subs~ibing witness to the attached instrument and I was present and saw it executed at ~ L~~ ~ by ~ ~. I verily believe that each person whose signature I witnessed is the party of the same name referred to in the insh'ument. SWOBN before me at the ~' c~ o-~ ~'/ in the this~-~day of ~ ~ C~ lO&O, March 1978 AFFIDAVIT ~/S TO AGE AND SPOUSAL STATUS make oath and say: When ~o~ executed the attached instrument, oo,= -- at least eighteen years old. ~gJXVE ~ ~ x~ Within the meaning o/section 1(/) o/The Family La,,, Re/orm Act, 1978:-- b) We were spouses of one another. c) (SEVERALLY) xS~VOllN before me at the ~7-e