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HomeMy WebLinkAboutBy-law 1558/82THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1558/82 Being a By-Law to authorize the execution of a Demolition Agreement between the Corporation of the Town of Pickering and Gary Frederick Allan Gilmour and Dianne Winsome Gilmour respecting Lot 22, Plan 274 and Lot 252, Plan 283, Pickering WHEREAS Gary Frederick Allan Gilmour and Dianne Winsome Gilmour are the owners of Lot 22, Plan 274 and Lot 252, Plan 283, Pickering, and as such have made application to the Town for a building permit for the construc- tion of a dwelling thereon; and WHEREAS a dwelling unit current exists on the said lands and it is nec- essary to ensure that the existing building is removed upon the comple- tion 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 the Corporation of the Town of Pickering and Gary Frederick Allan Gilmour and Dianne Winsome Gilmour respecting Lot 22, Plan 274 and Lot 252, Plan 283, Pickering. BY-LAW read a first, second and third time and finally passed this 20th day of September , 1982. THIS AGREEMENT made in triplicate this 29th day of July, 1982. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE FIRST PART, - and- GARY FREDERICK ALLAN GILMOUR and DIANNE WINSOME GILMOUR 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 Pickcring, in the Regional Municipality of Durham and Province of Ontario (formerly in the Township of Pickering, in the County of Ontario) and being composed of: FIRSTLY, Lot 22, according to a Plan registered in the Registry Office for the Registry Division of Durham as Plan 274, and SECONDLY, Lot 252, according to a Plan registered in the Registry Office for the Registry Division of Durham as Plan 283, as described in Instrument No. D59093. - 2 - 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. 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 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 GARY FREDERICK ALLAN GILMOUR DIANNE WINSOME GILMOUR KLIMA ST GILLMOSS RD. DRIVE RODD TOWN DF PICKERII~G LEGAL DEPARTMENT