HomeMy WebLinkAboutBy-law 4737/96 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 4737/96
Being a by-law to authorize the execution of a
Subdivision Amending Agreement respecting the
development of Lot 11, Plan 40M-1561, Pickering
(Valerian Investments Inc.)
WHEREAS, pursuant to the predecessor of section 51 of the Planning Act, R.S.O 1990, chapter P.13,
The Corporation of the Town of Pickering and Valerian Investments Inc. entered into a Subdivision
Agreement dated March 2, 1987 (notice of which was registered November 7, 1988 as Instrument
Number LT417490) respecting the development of Plan 40M- 1561, Pickering; and
WHEREAS, that Subdivision Agreement requires amendment to provide for the development of Lot 1 l~
Plan 40M-1561, Pickering, in conjunction with Lots 1 and 2, Plan 40M-1562 respectively.
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 Subdivision Amending Agreement, in
the form attached hereto as Schedule A, between Valerian Investments Inc. and The Corporation
of the Town of Pickering, amending the Subdivision Agreement dated March 2, 1987, notice of
which was registered November 7, 1988 as Instrument Number LT417490, to provide for the
effective elimination of Lot 11, Plan 40M- 1561, Pickering.
2. The Treasurer is hereby authorized to refund the sum of $2,250 upon receipt of satisfactory
evidence of the conveyance which merges the north half of Lot 11, Plan 40M~1651 with Lot 1,
Plan 40M-1562 and the south half of Lot 11, Plan 40M-1651 with Lot 2, Plan 40M-1562.
BY-LAW read a first, second and third time and finally passed this 19th day of February, 1996.
Wayne Arthurs,~or
43ruce Taylor, Clerk
Schedule A
THIS AGREEMENT made February 19, 1996.
BETWEEN:
VALERIAN INVESTMENTS INC.
herein called the "Owner"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
herein called the "Town"
OF THE SECOND PART.
WH! 'EAS by Agreement dated March 2, 1987, between the Owner and the Town, the Owner proposed to
subt~ te and register a plan of subdivision of part of Lots 34 and 35, and part of the road allowance between
Lots 3, and 35, Range 3, Broken Front Concession, Picketing, now being Plan Number 40M-1561 (Draft Plan
18T-85037); and
WHEREAS it is deemed desirable to amend that Agreement in certain respects;
NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the sum of Two Dollars
($2.00) paid by each Party to the other, receipt of which by each is hereby acknowledged, the Parties hereto
agree as follows:
1. The lands affected by this Agreement are Lots 1 to 11, both inclusive, Plan 40M-1561, Picketing.
2. In this Agreement, the term "Subdivision Agreement" shall mean the Agreement dated March 2, 1987,
between the Owner and the Town, notice of which was registered November 7, 1988 as Instrument
Number LT417490.
3. The Owner is bound by all the terms and provisions of the Subdivision Agreement, as amended hereby.
4. Section 25 of the Subdivision Agreement is hereby deleted and the following substituted therefor:
25. HOUSING UNITS
In the event that more or less than 10 housing units are to be constructed in the plan, an
.: amendment to this Agreement shall be required.
5. Section 33 of the Subdivision Agreement is hereby deleted and the following substituted therefor:
33. TREE PLANTING
(1) The Owner shall plant on road allowances within or adjacent to the plan, 10 trees of a size
and type acceptable to the Town.
(2) A schedule of the Owner's tree planting scheme shall be approved by the Director of
Planning prior to the planting of any trees.
(3) The trees approved by the Town shall be planted by the Owner when the boulevard into
which they are to be planted is sodded.
(4) If the density is too great to enable 10 trees to be planted, the Owner shall pay to the
Town $100 for every tree which cannot be planted for tree planting in a public land area
within the community in which the plan is located.
6. This Agreement and everything contained herein shall enure to the benefit of and be binding upon the
Parties hereto, their successors and assigns.
IN WITNESS WHEREOF the Parties have hereunto afffixed their respective Corporate Seals attested by their
authorized officers.
SIGNED, SEALED AND DELIVERED
VALERIAN INVESTMENTS INC.
D. Alastair Mackay, General Manager
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Brace Taylor, Clerk