HomeMy WebLinkAboutBy-law 5066/97REPEALED BY
REPEALS .
AMENDED BY ,
AMENDS
DISPOSITION
THE CORPORATION OF THE TOWN OIV DICKEgtNQ
13Y-LAW ~o, 5066/97
Being a by,law to authorize the execution of an
Encroachment ,4greement between Robert Thomson
respecting an encroachment of part of the dwelling
located on, Block E, Plan 65. Pickering, onto Pleasant
Street.
WHEREAS, Robert Thomson is the proposed purchaser of Part Lot 12, Block E, Plan 65, Pickering,
which lands are adjacent to, and encroach upon Pleasant Street, which is a street dedicated under the
jurisdiction of the Town;
AND WHEREAS it has been requested that the Town enter into an Encroachment Agreement to allow
the eaves of the existing building location upon the subject lands to encroach upon Town lands;
AND WHEREAS pursuant to section 191 of the Municipal Act, R.S.O. 1990, Chap. M.45, Council may
pass by-laws lbr providing for the use by the public of lands of which i' is the owner;
NOW THEREFORE, thc Council of The Corporation of the Town of Pickering tJEREBY ENACTS AS
FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute an Encroachment Agreement,
substantially in accordance with the form attached hereto as Schedule A, between the Town and
Robert Thomson respecting the continued encroachment onto Pleasant Street of the eaves of the
dwelling located on Part Lot 12, Block E, Plan 65, Picketing.
BY-LAW read a first, second and third time and finally passed 5th day of August, 1997.
TOWN OF'
PICKERING Wayne Arthurs, Mayor
V9705
THIS AOREEMENT mad~ this 22nd d~y of July, 199'/,
BETWEEN:
ROBERT MICHAEL THOMSON
hereinafter called the "Licensee"
OF THE FIRST PART,
- and -
T~ CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Licensor"
OF THE SECOND PART.
WHEREAS the Licensee is the owner of Part Lot 12, Block E, Plan 6 in the Town of Pickering in the Regional
Municipality of Durham; and
WHEREAS the Licensor is the owner of the road allowances known as Pleasant Street and has agreed to give
the Licensee a right to use a portion thereof for certain purposes;
NOW THEREFORE THIS AGREEMENT WITNESSETH, that in consideration of the sum of ONE ($1.00)
DOLLAR now paid by the Licensee to the Licensor, the receipt and sufficiency whereof is hereby
acknowledged, the parties hereto hereby agree as follows:
1. The Licensor hereby grants a licence to the Licensee to occupy that part of the Town's road
allowance known as Pleasant Street, outlined in heavy black markings on the sketch attached as
Schedule A hereto, (herein called the "Lands"), for the purpose of allowing the continuation of
the encroachment of the eaves of the dwelling unit as 606 Annland Street onto Pleasant Street.
2, (1) The Licence hereby granted,
(a) shall not transfer any possessory or leasehold interest in the Lands to the Licensee;
(b) shall be effective twenty-four hours per day, every day of every year during the tema of
the Licence; and
(c) shall not preclude or prevent the Licensor or any public utility authority from using the
Lands for utility purposes.
(2) For the purposes of clause (c) of subsection (1) the Licensee shall ensure that continuous access
is available on, along and across the Lands at all times.
3. (1) ?flor to the commencement of any works to be performed on the Lands, the Licensee shall
advise the Licensor and obtain the written approval of the Licensor's Director of Public Works
thereto.
(2) The Licensee shall comply with any requirement made by the Director in the process of
approving the works.
~ i (~) The Licens~ stroll l~ solely responsible for the full cost of any repair and reconstruction of the
Lands ~ public highway that may be required by thc Diractor as a result of the presence on, in,
~ under and through the Lands of thc existing encroachment.
4, (1) The Licensee shall pay any taxes or other similar charges that may be levied on or after the date
hereof against the Lands,
(2) The Licensee shall indemnify and save harmless the Licensor of and from all manner of claims,
damages, losses, costs or charges whatsoever occasioned to or suffered by or imposed upon the
Licensor or the Lands, either directly or indirectly, in respect of any matter or thing in
consequence of or in connection with or arising from the Licensee's maintenance or use of the
Lands or from any operation connected therewith or in respect of any accident, damage or injury
to any person, animal or thing by, from or on account of the same.
(3) fa) During the term hereof, the Licensee shall maintain a Liability Insurance Policy in form
satisfactory to the Li~nsor, showing the Licensor as a named insured, indemnifying the
Licensor from any loss arising from or claims for damages, injury or otherwise in
connection with or arising from the Licensee's maintenance or use of the Lands or from
any operation connected therewith or in respect of any accident, damage or injury to any
person, animal or thing by, from or on account of same.
(b) The minimum amount of the Policy shall be $100.000.
(c) In the event any renewal premium is not paid, the Licensor, in order to prevent the lapse
of the Liability Insurance Policy, may pa), the renewal premium or premiums and the
Licensee shall pay the cost of such renewal or renewals within thirty days of the account
therefor being rendered by the Licensor.
(d) The Licensee shall notify the Licensor of the dates for the renewal of the premium of the
policy and to supply proof that the premium of the policy has been paid in order that the
protection provided by the Liability Insurance Policy shall not lapse.
5. fi) The term of this Licence shall commence on July 22, 1997 and shall expire when,
fa) the structure presently located on Part Lot 12, Block E, Plan 65, Pickering is demolished;
or
(b) July 22, 2002,
whichever shall occur first.
(2) Notwithstanding the provisions of subsection fl), the Licensor may temporarily suspend the
Licence, upon two days notice to the Licensee, for the period of construction, in the event that
the Licensor or a public utility authority wishes to install, inspect, repair or maintain a service on,
in or under the Lands.
6. (1) Any notice, document or other communication required or permitted to be given hereunder shall
be in writing and shall be sufficiently given if sent by prepaid registered mail or delivered,
fa) in the case of the Licensee, to 606 Annland Street, Pickering, Ontario, LI W lA7;
(lb) in the case of the Licensor, to the Town Clerk, at One The Esplanade, Picketing, Ontario,
LIV 6K7.
(2) The Licensor may redesignate the person to whom and each address at which such notice,
document or other communication shall be given by giving written notice to the other.
(3) Any such notice, document or other communication shall be deemed to have been given,
fa) if mailed by prepaid registered mail, on the third business day following the date of
mailing, and
(b) ifdeli'vered, on the day of delivery.
2
{I) This Agreement and everything herein contained shall extend to, bind and enure to thc benefit of
the Parties hereto, their successors and assigns.
(2) This Agreement is assigned by the Liceasee only to a subsequent owner of Part Lot ! 2, Block E,
Plan 6~, Picketing, with the prior written consent of the Licensor.
IN WITNESS WHEREOF the Licensor has hereunto affixed its corporate seal, duly attested by its proper
authorized officors, and thc Licensee has hereunto affixed their hands and seal.
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE TOWN OF~PICKERING
Wayne Arthurs, Mayor
In the presence of
Robert Michael Thomson
V9705