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HomeMy WebLinkAboutBy-law 1166/80THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1166/1980 Being a by-law to authorize the execution of a Demolition Agreement between the Corporation of the Town of Pickering and Hans J. Weber and Elisabeth K. Weber respecting Lots 111 and 112 according to Plan Number 283 registered in the Registry Office for Durham as described in Instrument No. D71562. WHEREAS, Hans J. Weber and Elisabeth K. Weber are the owners of Lots 111 and 112 according to Plan Number 283 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 Hans J. Weber and Elisabeth K. Weber and the Corporation of the Town of Pickering with respect to Lots 111 and 112 according to Plan Number 283 registered in the Registry Office for Durham as described in Instrument No. D71562. BY-LAW read a first, second and third time and finally passed this 2nd day of September , 1980. TOWN PICKER APPRDUED AS TO FORA: 0 GAL b7i'T SCHEDULE "A" to By-law #1166/80 THIS AGREEMENT made in duplicate this day of , 1980 B E T W E E N: THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE FIRST PART, - and - HANS J. WEBER and ELISABETH K. WEBER 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 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: 1. 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. 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. 3. 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 - z - 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 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. 5. 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 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 AND DELIVERED THE CORPORATION OF THE TOWN OF PICKERING W?_ In the presence of A INFO IA FFIDAV IT OF SUBSCRIB ING WITNESS AFFIDAVIT AS TO AGE AND SPOUSAL STATUS UNITED STATIONERY CO. LTD., LEGAL FORM DEPT. W PRODUCTION DRIVE, SCARBOROUGH AFFIDAVIT OF SUBSCRIBING WITNESS K2 AV of the -r 0 / a F in the RT 6 T o^1 0t= ,a,j IR ffo^ AMENDED MARCH 1972 So rrc'(a R, make oath and say: I am a subscribing witness to the attached instrument and I was present and saw it executed at C.}:•- z=<,lLi by //{q NV 4 C j ,t?? ZI- Z .tent. IF <rs &O (- i J? " t k,, w `IR r 2 Iwtn.w 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 --f ow -4 1) I` t C do *?? ^I U in the r y0-1- this dayoof v?y 19 p ??' A I pe?FDAgAJ. SMRH,• I z A"Idervft Ptovinp Of ont I, ay D. Stroud, B(ttrlaW & 6020" F,paub Mwatl 2tWtFil,%13& FOR rA Al.. A o..VY.. ETC. ConxnWkn NtL 78387. • If .attorney see fnntnnte +t able Ionise etc. mate. • Where a party is unable to read the instrument or where a party signs by making his mark or in foreign characters add "niter the ftutrument had been read to him std he appeared fully to understated a". Where ezecutod'under A power of Ottonery insert ' (name of attonse) as attorney Jar (name of party)'; and for rises claws substitute'? pertly beliene that the person whose sigtwture t witnessed was authorized to execute the instnameet Gs attorney for (name)'. AFFIDAVIT AS TO AGE AND SPOUSAL STATUS a/WE H,9Nf rj- wlZerz y*JD oC LSSABrTN k• w(:8i_R, of the T o w ^/ p f ?S Ck r KS ay 6 in the Y? f G 2 o ^y at-- make N ??'? oath and say: When y,Jr executed the attached instrument, 'X/WE v C--T? 'f- at least eighteen years old. Within the meaning of section l(f) of The Family Law Reform Act, 1978:- b) We were spouses of one another. C) (SEVERALLY) SWORN before me at the j o (AU "/ P?Ck' K-Z I0 in the IS, 1:%-4 o F p . re H r4 ?.^. this a. ??ay of -Y U L y 19 TySP?J 071ZC4 At-, -C-0-,6 ? a--ee- ? FOR TAKING AFFIDAVIT.. *Where affidavit made by attorney substitute: "When / atl.,h,d instrument aR aftGrY,, for /namr). he/she mar (spousal etatae and. it apyGrahle. namr of Rpaa..) within the mcanmy of SeeriGR 1(f) of The Family L.,, Pefonn Act, 1978: and I, hrn he/she I.... led the pmrrr of attorneV, h,/.h, had attained the aae of NmloritY •Wh,r .puns, d,., eat i n mar Form, nt. 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