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HomeMy WebLinkAboutBy-law 1006/79THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1006/79 Being a By-Law to authorize the execution of a Demolition Agreement between the Corporation of the Town of Pickering and Frank Smrekar and Zofija Smrekar respect- ing Lot 70, Plan 1051, Pickering. WHEREAS, Frank Smrekar and Zofija Smrekar are the owners of Lot 70, Plan 1051, Pickering and as such have made application to the Town for a building permit for the con- struction of a dwelling thereon; and WHEREAS, a dwelling currently exists on the said lands and it is necessary to ensure that the existing dwell- ing 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 Frank Smrekar and Zofija Smrekar with respect to Lot 70, Plan 1051, Pickering. BY-LAW read a first, second and third time and finally passed this 18th day of June , 1979. Mayor L?5_ 'Clerk AS Y'J. ,? 10 SCHEDULE "A" TO BY-LAW 1006/79 THIS AGREEMENT made in duplicate this day of , 1979. BETWEEN: THE CORPORATION OF THE TOWN OF PICKER hereinafter called the "Town" OF THE FIRST PART, - and - FRANK SMREKAR and ZOFIJA SMREKAR 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 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 agrehs as follows: 1. The lands affected hereby are those lands more particularly described in Schedule "A" hereto. 2. 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. 3. The Owner agrees that in default of his perform- ance of his obligation 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, enter the lands affec- ted hereby and remove the present dwelling at the sole expense and for the purpose of such removal by the Town, the Owner hereby appoints the Town as his agent. - 2 - 4. The Owner further agrees that in the event that the Town enters and removes the present dwell- ing 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 enure to the benefit of and be binding upon the respective heirs, executors, administra- tors, 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 persons compris- ing the Party of the Second Part have hereunto set their hands and seals. SIGNED, SEALED and DELIVERED THE CORPORATION OF THE TOWN OF PICKERING ricay vi i In the presence of In the presence of (. 1Z ? ? f .- ? v?'1 J--r G 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 being composed of Part of Lot 6, according to a Plan registered in the Registry Office for the Registry Division of Durham (40), as No. 330, which said parcel may be more particularly described as follows: COMMENCING at a point in the East limit of said Lot 6, dis- tant thirty-seven feet (371) measured northerly therealong from the south-east angle of said Lot 6; THENCE NORTHERLY along the said easterly limit of Lot 6, eighty-seven feet (871) to a point; THENCE WESTERLY parallel to the southerly limit of said Lot 6, four hundred and twenty-feet (420') to a point; THENCE SOUTHERLY parallel to the easterly limit of said Lot 6, eighty-seven feet (87') to a point more or less distant 37 feet measured northerly from the southerly limit of said Lot 6 on a line drawn parallel to the easterly limit of said Lot and distant 420 feet westerly therefrom; THENCE EASTERLY parallel to the southerly limit of said Lot 6, four hundred and twenty feet (420') more or less to the Point of Commencement. NOW being known as the whole of Lot 70, according to Regis- trar's Compiled Plan 1051 for the Town of Pickering. NO S42COMBINED AFFIDAVIT OF SUBSCRIBING WITNESS VNtTEDSTATIONEPYCO LTD. LEGAL FOPV;-- AFFDAVT AS TO AGE AND SPOUSAL STATUS 00 PRODUCTION DRIVE, SCARBOROUGH AFFIDAVIT OF SUBSCRIBING WITNESS AMENDED W_ =H 1972 of the t r 1 in the t ' I l i make oath and say: I am a subscribing witness to the attached instrument and I was present and saw it executed at by 'See footnote I 'See footnote 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 , i. L' . in the - this - day of 19 i • COM MISSION [n Ica TAKING ,AFFIDAVITS, ETC, March 1978 If Bilomey s e footnote Strike out inapplicable clam... --Not e Mots iroonial Home, etc. see footnote. M ARIA SMl-" a cy I,T stoner, III c;I Y - "al III dlst. -- j Charles H. L _ , ter. 0 / "Fires Man,. 9u - t. - Where a party is unable to read the instrument or where a party signs by making his mark or in foreign characters add -after the instrument had been read to him and he appeared fully to understand it". Where ezecuted'under a power of attorney insert (name of attorney) as attorney for (name of parry)' ; and for inert clause substitute "I oerfly believe that the person whose signature I witnessed was authorized to execute the instrument as attorney for (name)'". AFFIDAVIT AS TO AGE AND SPOUSAL STATUS I/WE of the in the make oath and say: When executed the attached instrument, I/WE at least eighteen years old. Within the meaning of section 1(f) of The Family Lau' Reform Act, 1978:- a) Iwas _..__..._.--- aspouse. b) We were spouses of one another. C) was my spouse. (SEVERALLY) SWORN before me at the p/H ? in the !j this - day of 19 ^ n L L?- r L MARIA E'?' "1, a tomr rsl Ier, etc. JUd,c: d u , I Of Ywk, IaP' A CCVuI.s:o N.. roc T.s,HG AEr:oeY:T., sic. 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