HomeMy WebLinkAboutBy-law 1011/79THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1011/79
Being a By-Law to authorize the execution
of an Agreement between the Corporation
of the Town of Pickering and Barclay
Transport Limited respecting Lot 4,
Concession 5, Pickering (LD 4/77).
WHEREAS, Barclay Transport Limited is the owner of
certain lands in Lot 4, Concession 5, Pickering, and wishes
to deal with those lands and premises in a certain manner;
and
WHEREAS, Barclay Transport Limited is required by
Decision dated October 3rd, 1977 of the Land Division
Committee of the Regional Municipality of Durham to register
certain statements on title to the subject lands; and
WHEREAS, it is deemed expeditious to register such
statements in the form of an Agreement between Barclay
Transport Limited and the Town;
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
authorize an Agreement, in the form attached
hereto as Schedule "A", between the Corpora-
tion of the Town of Pickering and Barclay
Transport Limited respecting Lot 4, Concession
5, Pickering (LD 4/77).
BY-LAW read a first, second and third time and finally passed
this Third day of July , 1979.
PICCt NG
APPR J : 1
AS TO
ayor c
Clerk
1 LEGAL IDUDT. 1
SCHEDULE "A" - By-law #1011/79
THIS AGREEMENT made in duplicate this day of
1979.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter referred to as the "Town"
OF THE FIRST PART,
- and -
BARCLAY TRANSPORT LIMITED
hereinafter referred to as the "Owner"
OF THE SECOND PART.
WHEREAS, the Owner is the owner in fee simple of certain
lands and premises more particularly described in Schedule "A"
hereto; and
WHEREAS, the Owner wishes to deal with those lands and
premises in a certain manner; and
WHEREAS, the Owner is therefore required by Decision,
dated the 3rd day of October, 1977, of the Land Division
Committee of the Regional Municipality of Durham, to enter
into a certain Agreement or Agreements with the Town'
NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT, in con-
sideration of mutual benefits, the Parties hereto agree as
follows:
1. The lands and premises affected by this Agreement
are those lands and premises more particularly
described in Schedule "A" hereto.
2. The Owner agrees that neither it nor any person on
its behalf shall object to any noise resulting from
any gravel extraction operation occurring on lands
abutting the lands and premises affected hereby,
and further that neither it nor any person on its
behalf shall commence, participate in or be a
party to any act or action the result of which may
be the deterrence of such noise.
3. The provisions of section 2, above, shall not oper-
ate to interfere with the owner's right to con-
struct or erect noise mitigation features on the
lands and premises affected hereby.
- 2 -
4. This Agreement and everything contained herein
shall enure to the benefit of and be binding
upon the Parties hereto and their successors
and assigns.
IN WITNESS WHEREOF, the Parties hereto have hereunto affixed
their corporate seals attested by the hands of their duly
authorized officers.
SIGNED, SEALED and DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Clerk
BARCLAY TRANSPORT LIMITED
Per:
Per:
SCHEDULE "A"
ALL AND SINGULAR that certain parcel or tract of land and
premises situate, lying and being in the Town (formerly
Township) ofPickering, in the Regional Municipality of
Durham (formerly County of Ontario) and Province of Ontario
more particularly described as that part of Lot 4 in Con-
cession 5 designated as Part 1 on a Plan of Survey of
Record registered in the Registry Office for the Registry
Division of Durham as Plan No. 40R-
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WN OF PICKERING
Planning Department
PROPERTY DLSCRIPTION
PART LOT 4, CONCESSION 5
APPLICATION No. APPLICANT
LD 4/77 I BARCLAY TRANSPORT
DATE SCALE
SEPT. 7 / 77
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