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HomeMy WebLinkAboutBy-law 1474/82THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1474/82 Being a By-Law to authorize the execution of a Demolition Agreement between the Corporation of the Town of Pickering and Ivo and Ljuba Rasic respecting Lot 6, Plan 819, Pickering (LD 331/81) WHEREAS, Ivo and Ljuba Rasic are the owners of Lot 6, Plan 819, Pickering and as such have made application to the Town for a building permit for the construction of a dwelling thereon; and WHEREAS, a dwelling currently exists on the said lands and it is neces- sary to ensure that the existing dwelling is removed upon the completion of the proposed dwelling; 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 Demolition Agreement, in the form attached hereto as Schedule "A" between Ivo Rasic and Ljuba Rasic and the Corporation of the Town of Pickering with respect to Lot 6, Plan 819, Pickering (LD 331/81). BY-LAW read a first, second and third time and finally passed this 19th day of April , 1982. Schedule "A" to By-law 1474/82 THIS AGREEMENT made in triplicate this day of , 1982. BETWEEN THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE FIRST PART, - and- IVO RASIC and LJUBA RASIC hereinafter 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 refer- red to as the "present dwelling"); and WHEREAS, the Owner has made application mit for the construction of a dwelling "new dwelling") on the said lands; and to the Town for a building per- (hereinafter referred to as the 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 issuance by the Town to the Owner of a building permit for the new dwelling, the Owner hereby agrees as follows: the The lands affected hereby are those lands more particularly des- cribed as follows: 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 (formerly in the Township of Picketing, in the County of Ontario) in the Province of Ontario, being composed of part of the east half of Lot 27, in the First Concession of said Town, and which said parcel may be more particularly described as follows: COMMENCING at a point where a stake has been planted in the east limit of the said Lot 27, said point being at a distance of 2,847.04 feet measured southerly thereon from the northeast angle of the said Lot; THENCE South 74 degrees West a distance of 317.83 feet to a point therein where a stake has been planted, and continuing South 74 degrees West a further distance of 340 feet to a point in the line between the easterly and westerly halves of said Lot 27; - 2 - THENCE North 16 degrees West a distance of 115 feet to a point therein; THENCE North 74 degrees East a distance of 340 feet more or less to a point therein, where a stake has been planted, and continuing North 74 degrees East, a further distance of 317.43 feet to a point, in the east limit of the said Lot 27, distant 2,732.04 feet measured southerly thereon from the northeast angle of the said Lot 27; THENCE Southerly along the east limit of the said Lot 27, a dis- tance of 115 feet to the place of beginning. EXCEPTING THEREFROM the most easterly 10 feet in perpendicular width which has been conveyed to the Town of Pickering for the widening of Fairport Road North. The above property is now described as registered in the Land Registry Office of Durham (No. 40) as No. 819. Lot 6, according to a Plan for the Registry Division AS DESCRIBED in Instrument No. D108763. 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 performance of the obli- gation under section 2 hereof, the Town may, upon 10 day's 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 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, demolition or removal may be assessed against the lands affected hereby and collected in the same manner as municipal taxes. The Owner further agrees that he shall not apply, nor permit any other person to apply on his behalf, to the Land Division Com- mittee of the Regional Municipality of Durham to perfect or com- plete Application LD 331/81 made August 31st, 1981, until such time as the demolition provided for herein has been completed and a release of this Agreement issued by the Town and registered against the title to the lands affected hereby. This Agreement and everything herein contained shall enure to the benefit of and binding upon the Parties hereto and their respec- tive heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the Town has hereunto affixed its Corporate Seal duly attested by the hands of its proper officers authorized in that - 3 - behalf, and the persons comprising the Party of the Second Part have hereunto set their hands and seals. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk In the presence of IVO RAS IC LJUBA RASIC 0 d- ~ H 0 ~0 mc) H DAD PL. 6U~ECT PROPertY STROUD$ LANE JACOUELINE BONITA AVE. WELRUS ~ LANE Town of Pickering Legal Department R~$1C I)EHOLrI'IOI4 AG~PEN'T