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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 2