HomeMy WebLinkAboutBy-law 3964/92 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO, 3964/92
Being a by-law to authorize the execution of an
Agreement to amend the Subdivision Agreement
respecting the development of Blocks 37 and 38, Plan
40M-1535, Pickering (Grand Oak Homes)
WHEREAS, pursuant to section 51 of the Planning Act, R.S.O. 1990, chapter P.13, The Corporation of
the Town of Pickering entered into a Subdivision Agreement dated April 27, 1987 with Grand Oak
Homes (Eastern Division) Inc. respecting Plan 40M-1535, Picketing, which Agreement requires
amendment to provide for the development of Blocks 37 and 38, Plan 40M-1535, Pickering with
adjacent lands;
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 an Amending Subdivision Agreement,
in the form attached hereto as Schedule A, to amend the Subdivision Agreement dated April
27, 1987 between Grand Oak Homes and The Corporation of the Town of Picketing, (Notice of
which was registered on April 25, 1988 as Instrument No. LT380596), respecting Plan
40M-1535, in order to provide for the coordinated development of Blocks 37 and 38, Plan
40M-1535, Picketing with adjacent lands.
BY-LAW read a first, second and third tinge and finally passed this 6th day of April, 1992.
Wayne 4~hurs,'Mayor
TOWN OF
APPROVED
AS TO FO; M
L..~E GA L OEPT.
Schedule A
THIS SUBDMSION AMENDING AGREEMENT made March 23, 1992,
BETWEEN:
GRAND OAK HOME5 (EASTERN DMSION) INC.
heroin called the "Owner"
OF THE FIRST PART,
THE CORPORATION OF THE TOWN OF PICKERING
herein ca/led the "Town"
OF THE SECOND PART.
WHEREAS the Owner and the Town entered into a Subdivision Agreement dated April 27, 19.87,
Notice of which was registered April 25, 1988, as Instrument No. L'r380596, respecting the subdivision
of pa~ of Lot 20, Concession 2, Picketing, included in Phase 6 of Region of Durham Draft Plan Number
18T-79088; and
WHEREAS Phase 6 of that Draft Plan was registered on April 6, 1988, as Plan 40M-1535, Pickering;
and
WHEREAS it is necessary to amend that Subdivision Agreement in order to provide for the
development of Blocks 37 and 38, Plan 40M-1535, Picketing, in conjunction with abutting lands, being
those pans of Lot 20, Concession 1, Picketing, designated as Pans 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 21,
23, 25, 27, and 28, Plan 40R-13914, to provide eleven building lots, the creation of which has been
approved by the Region of Durham Land Division Committee (LD269/91 - LD279/91) and the Council
of the Town (Resolution 3/92, item 2);
NOW THEREFORE THIS AGREEMENT W1TNESSETH 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 i~s follows:
1. The lands affected by this Agreement (herein called the "Lands") are Blocks 37 and 38, Plan
40M-1535, Picketing, and those parts of Lot 20, Concession 1, Pickering, designated as Pans 1,
3, 5, 7, 9, 11, 13, 15, 17, 19, 21, 23, 25, 27, and 28, Plan 40R-13914.
2. In this Agreement, "Subdivision Agreement" means the Subdivision Agreement between the
Owner and the Town dated April 27, 1987, Notice of which was registered April 25, 1988, as
Instrument No. LT'380596.
3. The Owner and the Town are bound by the terms and conditions of the Subdivision Agreement
as amended hereby, and by the terms and conditions of this Agreement, and shall continue to be
bound by them.
4. Those pans of Lot 20, Concession 1, Picketing, designated as Parts 1, 3, 5, 7, 9, 11, 13, 15, 17,
19, 21, 23, 25, 27, and 28, Plan 40R-13914, shall be developed by the Owner as if they were
included within Plan 40M-1535, Picker~g, and the provisions of.the Subdivision Agreement, as
an~ended hereby, and of this Agreement shall apply thereto accordingly.
5. (1) The Owner w~rrants that it is the registered owner of the Lands and consents to the
registration by the Town of this Agreement on the title thereto.
(2) This Agreement shah not operate to amend the Subdivision Agreement until this
Agreement is registered on title to the Lands.
6. (1) Prior to the registration of this Agreement, the Owner sha~. pay to the Town by certified
cheque the sum of $385 as an engineering drawing inspection fee.
(2) Prior to the registration of this Agreement, the Owner shah provide to the Town,
(a) a Certific=te of Insurance indicating th=t the Liability Insurance Policy that the
Owner has obtained pursuant to the requirements of section 18 of the
Subdivision Agreemem provides co,~erage for operations loc=ted on ~11 the
Lands, including those parts of Lot 20, Concession 1, Pickering, designated aa
Parts 1,3,5,7,9, I1, 13, 15, 17, 19, 21, 23, 2.5,27, and 28, plan 40R-13914;
(b) an amendment to the performance and maintenance security that the Owner has
provided pursuant to the requirements of section 19 of the Subdivision
Agreement to increase the amount thereof by $22,000;
(c) an amendment to the Grading Control Plan that the Owner has provided
pmUnUant to the requirements of section 20 of the Subdivisi .on Ageemem. tn
clude therein the grading of those parts of Lot 20, Concession 1, Pickenng,
designated as Parts 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 21, 23, 25, 27, and 28, Plan
40R-13914; and
(d) an amendment to the Tree Preservation Program that the Owner has provided
PmcUrSuant to the requirements of section 36 of the Subdivision Agreement to
lude therein tree preservation requirements for those parts of Lot 20,
Concession 1, Picketing, designated as Parts 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 21,
23, 25, 27, and 28, Plan 40R-13914.
7. (1) Upon the issuance of the building permit for each dwelling unit to he erected on the
Lands, the Owner shall pay to the Town a development charge for that dwelling unit,
the calculation of which shah he based upon the provisions of the Town's Developmem
Charges By-law (By-law 3854/91).
(2) If paid before October 8, 1992, the amount of the development charge payable under
subs~on (1), above, for each of the tovmhous~ dwelling units to be erected on Parts 1,
2, 3 and 4, Parts 5 and 6, Parts 7 and 8, Parts 9 and I0, Parts Il and 12, Parts 13 and 14,
Parts 15 and 16, and Pans 17, 15, 19 and 20, Plan 40R-13914, shall be $3,321, being the
~Parlicable amount of such development charge according to the Town's D~ve!o~nt
ge By-law 3854/91 ($4,236) less the portion thereof normally payable to Picketing
Hydro-Electric Commission ($550) and th~ portion tlgreof normally payable on account
of excess active parkland acquisition standards ($365).
(3) If paid before October 8, 1992, the amount of the development charge payable under
subsection (1), above, for the single detached dwelling unit to be erected on Parts 21,
22, 23 and 24, Plan 40R-13914 shah he $3,667, being the applicable amoum of such
development charge according to the Town's Developmem Charge By-law 3854/91
($4,582) less the portion thereof normally payable to Picketing Hydro-Electric
Commission ($550) and the portion thereof normally payable on account of excess
active parkland acquisition standards ($365).
(4) If paid before October 8, 1992, the amount of the developmem charge payable under
subsection (1), above, for each of the single detached dwelling units to be erected on
Parts 25 and 26, and Parts 27 and 28, Plan 40R-13914 shah be $4,217, being the
Caphparlicable amount of such d~ ' , .:...~..,'~ according to the Town's Development
ge By-law 3B54/9! ($4,582) less the portion thereof normally payable on account
of excess active parkland acquisition standards ($365).
(5) If any o.f the devel, o~pr.ne, nt charges payable in relation to a dwelling to be erected ,.on the
Lands ~s not pn,d before October $, 1992, then the amount of the applicable
developmont char~ ~t unt in sut~ection (2), (3) or (4), whichever appli~, ~hall be
adjusted to date of payTnent in accordance with By-law 3854/91.
2
8. Subsection 14(2) of the Subdivision Agreement is hereby amended by deleting clause (h) from it
and by adding the following clauses to it:
(h) adjacent to Block 36 on the north side of Major Oaks Road/and
(i) adjacent to Blocks 37 and 38 and Parts 25, 27 and 28, Plan 40R-13914, on the
north side of Major Oaks Road.
9. Section 27 of the Subdivision Agreement is hereby nmended by adding the word "or" to the end
of clause (b) and by adding the fotlowing clause to it:
(c) 11 units are to be constructed on Blocks 37 and 38, Plan 40M-1535, Pickering,
and those parts of Lot 20, Concession 1, Picketing, designated as Parts l, 3, $,
7, 9, 11, 13, 15, 17, 19, 21, 23, 25, 27, and28, Plan 40R-13914,
10. Notwithstanding any provision contained in the Subdivision Agreemem, sections 29 and 30 of
the Subdivision Agreement shall not apply to the Lands.
11. Section 33 of the Subdivision Agreement is hereby amended by adding the following
subsections to it:
(4) As of March 23,1992, the Owner has used that much of its park/and credit that
the amount of that credit now stands at 0.15811 hectares.
($) Upon the registration of the Subdivision Amending Agreement dated March 23,
1992 between the Owner and the Town, 0.05453 hectares of that 0.15811
hectare parkland credit shall be used to sati.rfy the Owner's obligation to
provide parkland for Brocks 37 and 38, Plan 40M-1555, Picketing, and tho~e
parts of Lot 20, Concession 1, Picketing, designated as Parts 1, 3, 5, 7, 9, 11,
13, 15, 17, 19, 21, 23, 25, 27, and 28, Plan 40R-13914, and the Owner's
parkland credit shall be reduced to 0.10358 hectares.
12. (I) Section 34 of the Subdivision Agreement is hereby amended by adding the following
subsection to it:
(la) Prior to the occupancy of any dwelling unit on Blocks 37 and 38, Plan
40M-1535, Picktring, and those parts of Lot 20, Concession 1, Pickering,
designated as Parts 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 21, 23, 25, 27, and 28, Plan
40R-13914, the Owner shall erect a permanent galvanized chain link fence 1.8
metres high, having 0.05 metre 9 gauge mesh, along the Ontario Hydro
boundary thereof.
(2) Subsection 34(2) of the Subdivision Agreement is hereby amended by deleting the term
"subsection (1)" fxom the lb'st and second lines and substituting the term "subsections
(1) and (la)" for it.
13. Subsections 35(1) and 35(4) of the Subdivision Agreement are hereby amended by deleting the
number "116" from each subsection, and substituting the number "127" for it in each subsection.
14. Section I of Schedule A to the Subdivision Agreement is hereby amended by numbering the
existing section as subsection (1), and by adding the following subsection to it:
(2) Notwithstanding the provisions of subsectt'on (1), works required under this
Agreement on or adjacent to Blocks 37 and 38, Plan 40M-1535, Pickering, and
those parts of Lot 20, Concession 1, Pickering, designated as Parts 1, 3, $, 7, 9,
11, 13, 15, 17, 19, 21, 23, 25, 27, ' ~· ~'..~:~ ~-~R-15914, shall be completed
on or before March 16 1993, and the worbnanship and materials related
thereto shall be gua. r. anteed for a period of ~t~.o years from .the date that the
works are approved tn writing by the Town's Dtrector of Pubhc Works.
15. The heading to section 4 of Schedule A and subsections 4(1), 4(2) and 4(3) of Schedule A to the
Subdivision Agreement are hereby amended by deleting the term "Blocks 31, 32, 37 and 38"
from thc heading and f~'om each subsection, and substituting the term "Blocks 31 and 32" for it
in each case.
IN WTI'NESS WHEREOF, the parties hereto have hereunto affixed thei~ corporate seals, attested by the
hands of their authorized officers.
SIGNED, SEALED & DELIVERED
GRAND OAK HOMES (EASTERN DIVISION) INC.
Wayr~e'A~thurs, ~l~ayor
Brace Taylor, Clerk
4
J .-' : SUBJECT
~e Town of Pi~e~ng P~ning Depn~ent
~P~OESCm~Oa 8LOCKS 37[ ~ P~ ~M-1~5 & P~TOF ~T~,~NCESS~N 2,
ow.~ USG~LD OEVELOPM~TS INC. ] OA~ AUG. 2~1
,
The Town of Pickerin~ c=~ ~ ~:~s
Pl~ 4~I-1535, Pi~g
LEGAL SERVICES DEPARTMENT ~e ~velo~t sl~ks 37 & 38