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HomeMy WebLinkAboutBy-law 1129/80THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1129 /80 Being a by-law to authorize the execution of a Demolition Agreement between the Corporation of the Town of Pickering and Peter Joseph Kiproff respecting Part Lot 26, Plan 329, Pickering. WHEREAS, Peter Joseph Kiproff is the owner of Part Lot 26, Plan 329, Pickering and as such has 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 necessary 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: 1. The Mayor and Clerk are hereby authorized to execute a Demolition Agreement in the form attached hereto as Schedule "A" between Peter Joseph Kiproff and the Corporation of the Town of Pickering with respect to Part Lot 26, Plan 329, Pickering. BY-LAW read a first, second and third time and finally passed this 2nd day of June , 1980. yor ? i ? Clerk IMN O PI?'P<.ER;fv lvc SCHEDULE "A" to By-law 1129/80 THIS AGREEMENT made in duplicate this day of May 1980. BE T W EE N: THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE FIRST PART, - and - PETER JOSEPH KIPROFF hereinafter 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 removed upon the completion of the new dwelling; NOW THEREFORE, this Agreement witnesset-h that, in consideration of the issuance by the Tom to the Owner_ of a building permit for the new building, the Owner hereby agrees as follows: 1. The lands affected hereby are those lands more parti- cularly described in Schedule "A" hereto. 2. (1) The Owner shall, within 90 days of the issuance to him of an occupancy permit respecting, the new dwelling, remove the present dwelling from the lands affected hereby. (2) Notwithstanding the provisions of subsection hereo;, if, between the date hereof and the 90th day Lftcr the issuance to him of an occupancy permit respecting the new dwelling, the Owner_ applies for and ottains either, (a) a variance or variances from th& Committee -i: Adjustment, or (b) an amendment to the restricted area By-law 3036, and such variance or amendment becomes final. and has the effect of permitting the present dwelling, to re- main on the lands affected hereby as a guest or gardener's residence for a maximum period of five years, then in that eventtine tim: limit for the re- moval of the present: dweliinq shall be extended until the last day of the period to which the variance or amendment appl.ics. -2- 3. The Owner agrees that in default of his 'performance of his obligation under section 2 hereof, the Town may, upon 10 day's written notice to the CAiner, provided by registered mail, directed to him at his address set out on the application for the building permit, enter the lands affected hereby and remove the present dwelling at the sole expense of the Owner and for the purpose of such removal by the Town, the Owner hereby appoints the Town as his agent. 4. 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. 5. This Agreement and everything herein contained shall ensure to the benefit of and be binding upon the res- pective heirs, executors, administrators, successors and assigns of the parties hereto. 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 Owner has here- unto set his hand and seal. SIGNED, SEALED and DELIVERED In the presence of THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk Pee ter Joseph K,LprofT- a 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 that part of Lot 26, ac- cording to a plan registered in the Registry Office for the Registry Division of Durham as Plan 329, more particularly described as follows: COMMENCING at the southeast angle of the said Lot; THENCE NORTHERLY along the easterly limit of the said Lot, three hundred feet (300') to the northeast angle of the said Lot; THENCE WESTERLY along the one hundred and forty-four angle of the said Lot; THENCE SOUTHERLY along the one hundred feet (100') to limit; iortherly limit of the said Lot, feet (144') to the northwest westerly limit of the said Lot, a point in the said westerly THENCE EASTERLY and parallel to the northerly limit of the said Lot, ninety-four feet. (94') to a point; THENCE SOUTHERLY and parallel to the easterly limit of the said Lot, two hundred feet (200') to a point in the southerly limit of the said Lot; THENCE EASTERLY along the said southerly limit, fifty feet (50') to the southeast angle of the said Lot, being the place of beginning. g NO. 642 Come NED AFFIDAV ITOF $Ua SCR IU I NO WITNESS AFFIDAVIT AS TO AUL AND SPOUSAL STATUS DN IT[ D STATIONS NV CO. LTD. LEGAL FORM DEPT. W PFIOVUCI ION OHI VL. SCAIIBONOUON AFFIDAVIT OF SURSCHWINC WITNESS 1, Cheryl Livie AMENDED MARCH TINE of'the Town of Pickering inthe Regional Municipality of Durham e make oath and say: ea" footnote 19" footnote I am a subscribing witness to the attached instrument and I was present and saw it executed at Pickering by Peter Joseph Kiproff I verily believe that each person whose signature I witnessed is the party of the same name referred to in the instrument. SWORN before me at the Town of Pickering in the Regional Municipality of Durham this 30 th day of April 1980 /7 M? -?. ? CONMI/t10M p FOP T/. I.IHG AFfI D.a VIT?6.E C? V Cheryl Livie I Where a Part, is amble to read the iruhurnrnt or where a Port, sicne by eking his mork nr in famirn choraolers add 'all" the iosturnent had hrea read to hirn nod he ,,,,v,ed tulle, to r. •.dr+lmad o". :Phera rrrru(,d pods a Power of uit,,nc, tu;rt "(flame at otfo'n,,J) as an.... e, for (wme Of Part_Q'; and ;ur new' dmue suhs,avf, "t c,,I!o helierc that the Pelsan w7lom Jigm Nlfe f witnessed w,• outhori:rd fo'Buie((' the I""ry,!I•T( (,e a:lan"'1 far (fl(Iou;". ch 1978 AFFIDAVIT AS TO AGE AND SPOUSAL STATUS I/yt*g Peter Joseph Kiproff of the Town of Pickering in the Regional Municipality of Durham • If atlornry 11 footn.tF make oath and say: When I executed the attached instrument, I/\vr was at least eighteen years old. Strike out inp PPlicoble <lausca. Within the meaning of section 1(f) of The Family Law Reform t cf, 197S.- a) I was not a spouse. b) wFe tx@ft'S,30E52s=bf2,m=-.miitii ?. --Not . a lN1 MotTimoninl , etc. Mn ace fotnote. ' (SFIF;}trt1-Fly SWORN hefore roe at the Town Of Pickering in the Regional _?s?_?r ' Municipality of Durham eP ter Joflept? p this 30tYfia>' of April 19 80 . • COMNIE ErON[q rOp T1pIN0 /.IIIOA VIII, r.\L. - /Where nnI•Inv{1 mmlr Ly lnfu+ ao.l. all..d qubni it ulr: . I •n f rrrnanl ars nnn•hr?f imru(w IfnrnrH Inr (r:amr 1, hr ruhr u n /I ame'n' I rr npPtlro hlr, r. .... . epnu „r l ,.- L,.ur .- r. rnnury l.?r rrl.,,, n II o of f It,, i r, „y 1IU• ltr/orm 'I',. 1979. .,,It u'Arn AeAhr u trufr.l Ihr huu'rr ul ofLu r„'u. Ar/nhrr nail al4l v"f fLr n_e vl rnnpmfa' p/1{'AI rr ePu ur der' nut )u... o, 1 ,urn,,. 1, I.-, ?. rNon .lf lr e1 Tvl. Ilr?nF, hn, ..rl„n• r I^-1 Or 1-.14, r, n r,l rn r.. off. 1 .11 J i 0 c ' r------i i 0 o 10 10 10 0 0 0 0 0 0 ST. O W O O O O O O O O O w o e 0 0 0 0 0 w z o ? 0 _i O 0 O O O O O O 0 0 TOWN OF PICKERING o Planning Department i PT. LOT 26 PLAN 329 PCA 19!23_ see" JUNE 12,1979 1= 48 rw 6 A • Lor 2a • 11111418I5 OF POST ••• rut i pa"Ca 100 LION Sol Lt r 730 42. 30- E 70 00' -- i r ? ? r r : J $ 1 ? ? OM?61 I ? r $ PROPOSED I ?.? .u?sot Y B1.01l11G E . t •- .? r . .. .. ? 73•0!'ao't NoOtnsf00w•las? V 1 See U s•1 UL f ` ?ott u • ? 1 .. so" L o r g +26? -R G /SrER D PyAk r ' r 1 ' IrST «• Irs7. w. • 104772 7171! ' r is?ao sa• • sots i Sol is LOT 27 2 9 ?? 3 0 a 8041 V TO BE 1 REMOVED ? ? ? "s ? s.TSI• oztar 71 OOrt.s.- 204 , •o - or t ISIIIE 6ROVE AVE N U E •0 i • , Bps",. T c c