HomeMy WebLinkAboutBy-law 5293/98THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW 5293/98
Being a by-law to authorize the execution of a Subdivision
Amending Agreement to amend the Subdivision Agreement
dated June 28, 1993, respecting the development of Draft
Plan 18T-89077 (Part Lot 24, Concession 2, Pickering;
Gossamer Hills Inc.), now Plan 40M-1811, Pickering.
WHEREAS, pursuant to section 51 of the Planning Act, R.S.O. 1990, chapter P.13, The
Corporation of the Town of Pickering and Gossamer Hills Inc. entered into a Subdivision
Agreement dated June 28, 1993, respecting the development of Part Lot 24, Concession 2,
Picketing, being Draft Plan of Subdivision 18T-89077;
AND WHEREAS, Dixie Woods Estates Limited is now the registered and beneficial Owner of
the lands set out as Lots 46, 47, 48, 49, 50, 51, 52, 53 and 54, Plan 40M-1811, Picketing; and
AND WHEREAS on March 9, 1998, Council enacted By-Law 5218/98, authorizing the rezoning
of the subject lots to provide for the reduced area and lot frontages to accommodate four (4)
additional dwelling units;
AND WHEREAS, Dixie Woods Estates Limited is desirous of having the Subdivision
Agreement amended to provide for the development of four (4) additional dwelling units;
NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY
ENACTS AS FOLLOWS:
The Mayor and Clerk are hereby authorized to execute a Subdivision Amending
Agreement between Dixie Woods Estates Limited and The Corporation of the Town of
Pickering, in the form attached hereto as Schedule A, amending the Subdivision
Agreement dated June 28, 1993, respecting Plan 40M-1811, to provide for the
development of four (4) additional dwelling units.
BY-LAW read a first, second and third time and finally passed this 20th day of April, 1998.
TOWN oF
! .'.:7 C:,/,& DEPT.
Wayne Arthurs, Mayor _- '
B(~uce Taylor, Clerk -
Schedule A
THIS SUBDIVISION AMENDMENT AGREEMENT made April 20, 1998.
BETWEEN:
DIXIE WOODS ESTATES LIMITED
herein called the "Owner"
THE CORPORATION OF THE TOWN OF PICKER1NG
herein called the "Town"
OF THE FIRST PART,
OF THE SECOND PART.
WHEREAS Gossamer Hills Inc. and the Town entered into a Subdivision Agreement dated June 28, 1993, which was
subsequently amended September 19, 1994, respecting the development of part of Lot 24, Concession 2, Pickering,
included in Region of Durham Draft Plan Number 18T-890~7, now registered as Plan 40M-1811, Pickering;
AND WHEREAS Dixie Woods Estates Limited is now the registered and beneficial Owner of the lands set out as Lots
46, 47, 48, 49, 50, 51, 52, 53 and 54, Plan 40M-1811, Pickering;
AND WHEREAS Dixie Woods Estates Limited is desirous of having the Subdivision Agreement further amended to
provide for the development of four (4) additional dwelling units;
NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT, in consideration of the sum of $2.00 now paid by
each Party to the other, receipt of which by each is hereby acknowledged, the Parties hereto covenant and agree one with
the other as follows:
The parties herein agree that the recitals contained herein are true in substance and in fact.
The lands affected by this Agreement are Lots 46 to 54, inclusive, Plan 40M-1811, Pickering.
In this Agreement, the term "Subdivision Agreement" means the Agreement dated June 28, 1993, as amended
September 19, 1994, between the Town and Gossamer Hills Inc.
The Owner herein and the Town agree to be bound by the terms and conditions of the Subdivision Agreement,
and by the terms and conditions of this Agreement.
Section 1 of Schedule C to the Subdivision Agreement is deleted and the following substituted for it:
1. DEVELOPMENT CHARGES PAYABLE
(1)
Until and including October 7, 1998, the development charges payable under the Town's
Development Charges By-law 3854/91 for dwelling units within this project are $5,530.
(2)
From and after October 8, 1998, the development charges payable for dwelling units within this
project will be in accordance with the Town's Development Charges By-law in existence at the
date of such payment.
Section 1 of Schedule D to the Subdivision Agreement is deleted and the following substituted for it:
1. EXPECTED NUMBER OF DWELLINGS
(1)
This Agreement has been entered into in the expectation that 72 dwelling units are to be
constructed on the Lands, all single-detached dwelling units.
(2)
If more or less than 72 dwellings are to be constructed in this project, the Town at its sole
discretion may require the Owner to obtain new approvals and authorizations under this
Agreement and may prohibit any development until the new approvals and authorizations are
obtained.
Prior to the registration of this Agreement, the Owner herein agrees to pay the amounts set out below, which fees
are applicable as a result of the development of the four additional dwelling units:
(a)
(b)
(c)
$1,200 plus GST - Subdivision Amending Agreement processing fee;
$140 - Engineering Inspection Fee; and
all registration costs relating to this agreement.
(1)
(2)
(3)
Time shall be of the essence of this Agreement.
This Agreement and everything herein contained shall enure to the benefit of and be binding upon the
Parties hereto, their successors and assigns.
The Subdivision Agreement, as amended hereby, shall continue to apply to the development of the
Undeveloped Blocks.
IN WITNESS WHEREOF the Parties hereto have hereunto affixed their respective Corporate Seals attested to by the
hands of their authorized officers.
SIGNED, SEALED AND DELIVERED
DIXIE WOODS ESTATES LIMITED
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
ENCUMBRANCER - BANK OF MONTREAl,
The Encumbrancer hereby postpones any rights or interests which it has in the Lands with the intent that this Agreement
shall take effect as though executed and registered prior to the creation of any such right or interest and prior to the
execution and registration of any mortgage, agreement or other document creating or defining any such right or interest;
And the Encumbrancer hereby covenants and agrees with the Town that this Agreement and any conveyance, easement
or other document given pursuant to this Agreement, shall have priority over the rights of the Encumbrancer in the Lands
with the intent that the Encumbrancer or anyone claiming under it shall at no time exercise in relation to the Lands any
right, title or claim which could not be exercised by the Owner by reason of the terms of this Agreement.
Dated at , this day of ,1998.
SIGNED, SEALED AND DELIVERED
BANK OF MONTREAL
I/We have the authority to bind the corporation.
40m/l 811/sdaamt.doc
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