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HomeMy WebLinkAboutBy-law 1511/82THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1511/82 Being a By-Law to authorize the execution of Driveway Approach Licence Agreements WHEREAS pursuant to the provisions of section 310.1 of the Municipal Act, R.S.O. 1980, chapter 302, the council of a local municipality may pass by-laws for licensing the use of untravelled portions of highways under the jurisdiction of the council to the owners or occupants of adjoining property for such consideration and upon such terms and conditions as may be agreed; and WHEREAS therefore the Town requires certain landowners to enter into Licence Agreements for the purpose of controlling driveway approaches constructed with interlocking brick; and WHEREAS it is anticipated that such Agreements will be required in many situations, and it is deemed desirable to provide an expeditious processing of such Agreements; NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute Driveway Approach Licence Agreements, in the form attached hereto as Schedule "A", as required from time to time, for the purpose of satisfying the Town's requirements for such Agreements as con- ditions of the installation of interlocking brick on driveway approaches located on public highways. BY-LAW read a first, second and third time and finally passed this 21st day of June , 1982. Schedule"A" to By-law 1511/82 THIS AGREEMENT made in triplicate this day of , 1982. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING hereinafter referred to as the "Town", Licensor, OF THE FIRST PART, hereinafter referred to as the "Owner", Licensee, OF THE SECOND PART. WHEREAS the Town is the owner in fee simple of which are located certain municipal services (including a roadway), public utilities and driveway approaches; and upon WHEREAS the Owner is the owner in fee simple of certain lands and prem- ises, being , Pickering, adjacent to the Town's lands, and upon which is located a dwelling and related appurtenances; and WHEREAS the Owner wishes to instal and maintain an interlocking brick driveway approach between the Owner's lands and the Town's roadway; NOW THEREFORE, THIS AGREEMENT WITNESSETH that in consideration of the premises 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 Sche- dule "A" hereto. The Town hereby grants to the Owner a licence, hereinafter referred to as the "Licence", to occupy that part of , outlined in red 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 Owner's lands, subject to the terms and conditions of this Agreement. t (1) The Licence hereby granted, (a) shall not transfer any possessory or leasehold interest in the Lands to the Town; (b) shall be effective twenty-four (24) hours per day, every day of every year during the term of the Licence; and (c) shall not preclude or prevent the Town from using the Lands as a municipal public highway. (2) For the purposes of clause (c) of subsection (1), above, the Owner shall ensure that continuous public pedestrian and vehicular access is available on, along and across the Lands at all times. The Owner shall maintain and use the Lands only as a driveway approach and for no other purposes. (1) Following completion of any works performed on the Lands, the Owner shall advise the Town and obtain the approval of the Town's Director of Public Works thereto. (2) The Owner shall comply with any requirement made by the Director in the process of approving the works. (3) The Owner shall be solely responsible for the full cost of the development and maintenance of the Lands. (4) If the Owner fails 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 Lands for the purpose of completion or main- tenance, as the case may be, and any costs incurred by the Town by reason of so doing shall be paid to the Town by the Owner within thirty (30) days of receipt by the Owner of the Town's invoice therefor. (1) The Owner shall pay any taxes or other similar charges that may be levied on or after the date hereof against the Lands. (2) The Owner shall indemnify and save harmless the Town of and from all manner of claims, damages, losses, costs or charges whatsoever occasioned to or suffered by or imposed upon the Town or the Lands, either directly or indirectly, in respect of any matter or thing in consequence of or in connection with or arising from the Owner's development, 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. (1) The term of this Licence shall be for a period of ten (10) years commencing on , 1982 and expiring on , 198 , or the date that the Owner ceases to be the owner of the lands described in Schedule "A" hereto, whichever first occurs, unless the Licence is earlier revoked, terminated or surrendered pursuant to the provisions of subsection (2), below. (2) The Licence hereby granted may, (a) be revoked by the Town upon sixty (60) day's written notice to the Owner; - 3 - (3) (4) (b) be terminated at any time upon the written agreement of the Parties; and (c) be surrendered by the Owner upon sixty (60) day's writ- ten notice to the Town. Notwithstanding the provisions of subsections (1) and (2), above, the Town may temporarily suspend the Licence, upon two (2) day's notice to the Owner, for the period of construc- tion, in the event that the Town or a public utility author- ity wish to instal, inspect, repair or maintain a service on, in or under the Lands. In the event the Licence is suspended pursuant to the provi- sions of subsection (2), the operation of all terms and con- ditions of this Agreement, except sections 6(2), 8 and 9, shall also be suspended for the same period of time. 8. (1) (2) (3) Any notice, document or other communication required or per- mitted to be given hereunder shall be in writing and shall be sufficiently given if sent by prepaid registered mail or delivered, (a) in the case of the Owner, to atl , and (b) in the case of the Town, to the Town Clerk, at 1710 Kingston Road, Pickering, Ontario LlV 1C7. Each Party may redesignate the person or the address, or both, to whom or at which such notice, document or other communication shall be given by giving written notice to the other. Any such notice, document or other communication shall be deemed to have been given on the first business day following the date of mailing or the date of delivery, as the case may be. 9. (1) This Agreement and everything herein contained shall extend to, bind and enure to the benefit of the Parties hereto, but not to their successors and assigns. (2) This Agreement is not assignable, in whole or in part, by either Party. IN WITNESS WHEREOF, the SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk In the presence of SCHEDULE "A" (Legal description of lot served by driveway approach) SCHEDULE "B" (Sketch of street showing location and dimensions of driveway approach)