HomeMy WebLinkAboutBy-law 881/78CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 881/78
Being a by-law to authorize the execution
of a Licence Agreement between The Corpor-
ation of the Town of Pickering and Keen
Kraft Yacht Sales Inc.
WHEREAS The Corporation of the Town of Pickering is the
owner in fee simple of those lands in Lot 22, Range 3, Broken
Front Concession, Town of Pickering, known as Annland Street
(formerly Bay Street);
AND WHEREAS Keen Kraft Yacht Sales Inc. is the owner in
fee simple of Lot 1, Plan M-89, Pickering, which lot abuts a
portion of Annland Street;
AND WHEREAS a dwelling presently located on Lot 1, Plan
M-89 encroaches onto Annland Street;
AND WHEREAS it is deemed expedient to permit such
encroachment to continue, subject to certain terms and condi-
tions;
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 "A" between The Corporation of the Town of
Pickering and Keen Kraft Yacht Sales Inc. respecting
the encroachment of a dwelling located on Lot 1,
Plan M-89, a part of the road allowance known as
Annland Street.
BY-LAW read a first, second and third time and finally passed
this 11th day of September , 1978.
TOWN OF
PICKERING
APPROVED
AS TO FORtA
Clerk
LEGAL " _ - i ,
SCHEDULE "A"
THIS LICENCE AGREEMENT made in duplicate this 11th day of
September, 1978.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
Licensor (hereinafter referred to as the "Town")
OF THE FIRST PART,
- and -
KEEN KRAFT YACHT SALES INC.
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 particularly
described in Schedule "A" attached hereto;
AND WHEREAS parts of the dwelling located on the owner's
lands encroach upon a certain municipal road allowance, namely
Annland Street (formerly Bay Street);
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consider-
ation of the sum of two dollars ($2.00) paid by the owner to
the Town, receipt of which is hereby acknowledged, 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 that part of the Town's road allowance
known as Annland Street 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 lease-
hold 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 allowance;
(b) upon one year's written notice to the
Owner; and
(c) upon the removal of that part of the
dwelling described in section 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
whomsoever made, sustained, brought or prosecuted in any
manner based upon, occasioned by or attributable to any-
thing done or omitted to be done by the Owner in his use
and maintenance of the lands and premises referred to in
section 1 or any buildings or structures thereon.
5. 'If that part of the Town's road allowance known as Ann-
land Street outlined in red on the Plan of Survey
attached as Schedule "B" hereto, is at any time during
the currency of this Agreement, assessed for realty tax
purposes, then in that event, the Owner shall pay to the
Town during the currency of this Agreement, all annual
realty taxes payable as a result of such assessment.
6. (1) This Agreement and everything herein contained
shall extend to, bind and enure to the benefit
of the respective parties hereto, only, and is
not assignable in any way.
(2) Subsection 1 shall not be construed in such a
way that a bona fide tenant of the Owner is
not permitted to occupy the lands during the
term of the tenancy.
IN WITNESS WHEREOF the Parties hereto have affixed their
respective corporate seals attested by their proper signing
officers duly authorized in that behalf.
SIGNED, SEALED and DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
er
KEEN KRAFT YACHT SALES INC.
SCHEDULE "A"
ALL AND SINGULAR that certain parcel of land and premises
lying and being in the Town of Pickering in the Regional Muni-
cipality of Durham and Province of Ontario and being composed
of all of Lot 1, according to a Plan registered in the Land
Titles Office for the Registry Division of Durham at Whitby as
Plan M-89.
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