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HomeMy WebLinkAboutBy-law 792/78THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 792/78 Being a By-Law to authorize the execution of a Licence Agreement between the Corporation of the Town of Pickering and Albrecht Kleiner respecting part of the Rosebank Road South and Bella Vista Drive road allowances (505 Bella Vista Drive - Lot 23, Plan 233) WHEREAS the Corporation of the Town of Pickering is the owner of the Rosebank Road South and Bella Vista Drive road allowances; AND WHEREAS Albrecht Kleiner is the owner of Lot 23, Plan 233 (505 Bella Vista Drive); AND WHEREAS certain buildings and structures located primarily on Lot 23, Plan 233 encroach upon the Rosebank Road South and Bella Vista Drive road allowances; AND WHEREAS the Town agreed to grant a licence to Albrecht Kleiner to permit those buildings and structures to occupy certain parts of the said road allowances, subject to certain terms and conditions; 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 Licence Agreement in the form attached hereto as Schedule "1" between the Corporation of the Town of Pickering and Albrecht Kleiner to permit certain build- ings and structures owned by Albrecht Kleiner to encroach upon certain parts of the Rosebank Road South and Bella Vista Drive road allowances, subject to the terms and conditions set out therein. (Lot 23, Plan 233) BY-LAW read a first, second and third time and finally passed this 3rd day of April 1 1978. SCHEDULE 1 to By-Law Number 792/78 THIS LICENCE AGREEMENT made in duplicate this day of 1978. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING Licensor (hereinafter referred to as the "Town") OF THE FIRST PART, - and - ALBRECHT KLEINER Licensee (hereinafter referred to as the "Owner") OF THE SECOND PART. WHEREAS the Licensee is the Owner, in fee simple, of that certain parcel or tract of land and premises more par- ticularly described in Schedule "A" attached hereto; AND WHEREAS parts of the dwelling located on the Owner's lands encroach upon certain municipal road allowances, namely Bella Vista Drive and Rosebank Road South; NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in con- sideration of the sum of twenty-five dollars ($25.00) paid by the Owner to the Town, receipt of which is hereby acknow- ledged, and of the mutual covenants, terms and conditions hereinafter set out, the Parties hereto agree as follows: 1. The Town hereby grants a licence to the owner to occupy those parts of the Town's road allowances, namely Bella Vista Drive and Rose- bank Road South, as outlined in red on the Plan of Survey attached as Schedule "B" hereto, for the purpose of maintaining the existing single-family dwelling, and appurtenances thereto, thereon. 2. The licence granted hereby is not intended to and shall not transfer any possessory right or leasehold interest to the Owner from the Town. 3. The licence hereby granted is revocable by the Town, (a) at any time, in the event of an emer- gency requiring the full width of the road allowances, or either of them; (b) upon one year's written notice to the Owner, his successors or assigns on title; and (c) upon the removal of that part of the dwelling described in paragraph 1, whether or not the Town has re-entered the land or done any act or thing in respect to it. - 2 - 4. The Owner shall at all times indemnify and save harmless the Town from and against all claims, demands, loss, costs, damages, actions, suits or other proceedings by whom- soever made, sustained, brought or prosecuted in any manner based upon, occasioned by or attributable to anything done or omitted to be done by the Owner in his use and mainten- ance of the lands and premises referred to in paragraph 1 or any buildings or struc- tures thereon. 5. If those parts of the Town's road allowances outlined in red on the Plan of Survey attached as Schedule "B" hereto, are at any time dur- ing the currency of this Agreement, assessed for Municipal realty tax purposes, as residen- tial lands with buildings thereon, then in that event, the Owner shall pay to the Town during the currency of this Agreement, all annual municipal realty taxes payable as a result of such assessment. 6. This Agreement and everything herein con- tained shall extend to, bind and enure to the benefit of the successors and assigns of the respective parties hereto. {I I? IN WITNESS WHEREOF the Party of the First Part has hereto affixed its-corporate seal attested by its proper signing officers duly authorized in that behalf, and the Party of the Second Part has hereunto set his hand and seals. SIGNED, SEALED and DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Mayor ALBRECHT KLEINER In the presence of; SCHEDULE "A" ALL AND SINGULAR that certain parcel of land and prem- ises in the Town of Pickering in the Regional Municipality of Durham being composed of all of Lot 23, according to a Plan filed in the Land Registry Office for the Registry Division of Durham at Whitby as Number 233. SCHED[IL,E "B" W :D z a 0 / N Found SIB ?a Z 30 N v o ? °o m ?n e =Y M i Z Z o- Q Q /?? / < e ! z 217' C) ?. z/A ¢ VV // W PLAN OF SURVEY OF LOT 23 REGISTERED PLAN 233 TOWN OF PICKERING REGIONAL MUNICIPALITY OF DURHAM SCALE- I" = 16 BELLA > O V/ ?:7f?" ?aV cr- ? ninr 'I ' n_ AND ?fRri.rn er i! new link V?re (e, i 41 w<d fJ N' t'T v,s-ca DROVE ?B "t V?oo Z'i ?q' l0 6 1 50 4 ; i I Ilrw .< a lence 1 0 10 r4 1 z A N°Sns W 2 29 - J I Ire ;,uNFr I 4NU PRAMF L lIUCCA -_-- WF OWE DLLING w m FRAME VNCN le?vnnk ' we,. 07 ? ( LII 1 6 ? ovR ? " II F --1- I FRAME DECK ul Q ?I ? V -- Q Qt m to LOT 23 uj REGISTERED 0 I I Z boa z r 3 _N 0 z Found 3/4° kon Pipe VACANT LOT - --- LOT 24 PLAN 233 N76°0 'C[i'E old w, I<nc< Frond $ 1 B 50 00 plan corrFt 49 60 A F /9" l ' . ° ' " - outs 3 ien Pipe j?/ wlr rmu N76 17 ?0 E 159'wn' ? _ -_ - ?onk wn< 1<nce , - -- -- - ?mmd Iron PIq r 3 i' iw1T __ I ?? mM v < roam For - Mr Namnp 4n Barrnpr and Sollcnor BLOCK B 1723 Bnpvlew AvMae Taronfo, onmrm SUBJECT TO RIGHT O F WAY ? S.I.B DENOTES SFANOARD IRON BAR I'SQ a 4 LONG O DENOTES IRON PIPE NOVEMBER 3G, 1977 q -??Ii'C al.'.ti D H. BLACK ONTARIO LAND SURVEYOR 310 PAINTED POST DRIVE SCARBOROUGH, ONTARIO MIG2M3 TEL, 439-6744 77- 223 'd F-3 r P. .a O C0 H£ X o ? nnxo ? N• H- rn ?n w ro m r- rt O :j (t rS w x r• rS O ? r•ww O R r H M n M c? C7 M H H r b7 a? M n x y x r M H z M ro i w r n. 1 H x t1l n O 00 ro?H H H xz M H O z 7 H x t?7 H O r 0 H ttl d