HomeMy WebLinkAboutBy-law 3483/90 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3483/90
Being a by-law to.authorize the execu, tion .of a Release and
Discharge of certatn obligations contained tn the Subdivision
Agreements respecting Plans 4OM-149& 40M-1499 and
40M-1500, Pickering.
WHEREAS, pursuant to the Planning Act 1983, S.O. 1983, chapter 1, section 50(6), The
Corporation of the Town of Pickering and Silwell Developments Limited and Berma Estates
Lirmted entered into an Agreement dated February 2, 1987, Notice o.f which was registered on
December 3, 1987 as Instrument No. LT362554, respecting the subdivision and development of
Plan 40M-1498, Pickering; and
WHEREAS., pursuant to that section, the Town and Silwell Developments Limited and Berma
Estates Limited entered into another Agreement dated February 2, 1987, Notice of which was
registered on December 3, 1987 as Instrument No. LT362557, respecting the subdivision and
development of Plan 40M-1499, Picketing; and
WHEREAS, pursuant to that section, the Town and Fulco Automotive Limited entered into
another Agreement dated June 29, 1987, Notice of which was registered on December 3, 1987
as Instrument No. LT362552, respecting the subdivision and development of Plan 40M-1500,
Pickering;
WHEREAS certain o.f the terms and conditions of those Agreements, insofar as they affect the
reconstruction of serwces in or on Notion Road adjacent to those plans, are now redundant;
NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY
ENACTS AS FOLLOWS:
1. Upon payment to The Corporation of the Town of Pickering of the sum of $241,467.47
(May 1990 dollars, adjusted in. accordance with the Southam Construction Cost Index,
Ontario Series, Composite Port,on, to date of payment), the Mayor and Clerk are hereby
authorized to execute a Release and Discharge,
(a) in the form attached hereto as Schedule A, of certain portions of the Agreement
dated February 2, 1987, Notice of which was registered December 3, 1987 as
Instrument No. LT362554, between Silwell Developments Limited and Berma
Estates Limited and. The Corporation of the Town of Picketing, respecting that
aspect of the subdivision and development of Plan 40M-1498, Pickering, requiring
the reconstruction of services in or on Notion Road adjacent to the Plan; and
(b) in the form attached hereto as Schedule B, of certain portions of the Agreement
dated February 2, 1987, Notice of which was registered December 3, 1987 as
Instrument No. LT362557, between Silwell Developments Limited and Berma
Estates Limited and The Corporation of the Town of Pickeri~g, respecting that
aspect of the subdivision and development of Plan 4.0, M-1499, P~ckering, requiring
the reconstruction of services in or on Notion Road adjacent to the Plan.
2. Upon payment to The Corpo. ration of the Town of Pickering of the sum of $59,563.25
(May .1990 dollars, adjusted ~n. accordance with the Southam Construction Cost index,
Ontan.o Series, Composite Port~on, to date of payment), the Mayor and Clerk are hereby
authorized to execute a Release and Discharge, m the form attached hereto as Schedule
C, of certain portions of the Agreement dated June 29, 1987, Notice of which was
registered December 3, 1987 as Instrument No. LT36.2554, betwe, en Fulco Automotive
Limite.d and The Corporation of the Town of Pickenng, respecting that aspect of the
subdiwsion, and development of Plan 40M-1500, Pickering, requiring the reconstruction
of services ~n or on Not,on Road adjacent to the Plan.
3. Schedules A, B and C hereto form part of this By-law.
BY-LAW read a first, second and third time and finally passed this 28th day of June, 1990.
Wayne Ar thur~/May-or /~
' ~i~ " / '~' ~
BrUce T~ylbr, Cle~l~
TOWN CF
PICK£RING
^PPROYED
L£GAL
THE CORPORATION OF THE TOWN OF PICKERINQ
BY-LAW NO, 3483
Being a by-law to authorize the execution of a Release and
Discharge of certain obligations contained in the Subdivision
Agreements respecting Plans 40M-1498, 40M-1499 and
40M-1500, Pickering.
WHEREAS, pursuant to the Planning Act 1983, S.O. 1983, chapter 1, section 50(6), The
Corporation of the Town of Pickering and Silwell Developments Limited and Berma Estates
Lirmted entered into an Agreement dated February 2, 1987, Notice of which was registered on
December 3, 1987 as Instrument No. LT362554, respecting the subdivision and development of
Plan 40M-1498, Picketing; and
WHEREAS, pursuant to that section, the Town and Silwell Developments Limited and Berma
Estates Limited entered into another Agreement dated February 2, 1987, Notice of which was
registered on December 3, 1987 as Instrument No. LT362557, respecting the subdivision and
development of Plan 40M-1499, Picketing; and
WHEREAS, pursuant to that section, the Town and Fulco Automotive Limited entered into
another Agreement dated June 29, 1987, Notice of which was registered on December 3, 1987
as Instrument No. LT362552, respecting the subdivision and development of Plan 40M-1500,
Picketing;
WHEREAS certain of the terms and conditions of those Agreements, insofar as they affect the
reconstruction of services in or on Notion Road adjacent to those plans, are now redundant;
NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY
ENACTS AS FOLLOWS:
1. Upon payment to The Corporation of the Town of Picketing of the sum of $241,467.47
(May 1990 dollars, adjusted in accordance with the Southam Construction Cost Index,
Ontario Series, Composite Portion, to date of payment), the Mayor and Clerk are hereby
authorized to execute a Release and Discharge,
(a) in the form attached hereto as Schedule A, of certain portions of the Agreement
dated February 2, 1987, Notice of which was registered December 3, 1987 as
Instrument No. LT362554, between Silwell Developments Limited and Berma
Estates Limited and The Corporation of the Town of Picketing, respecting that
aspect of the subdivision and development of Plan 40M-1498, Pickering, requiring
the reconstruction of services in or on Notion Road adjacent to the Plan; and
(b) in the form attached hereto as Schedule B, of certain portions of the Agreement
dated February 2, 1987, Notice of which was registered December 3, 1987 as
Instrument No. LT362557, between Silwell Developments Limited and Berma
Estates Limited and The Corporation of the Town of Picketing, respecting that
aspect of the subdivision and development of Plan 40M-1499, Pickering, requiring
the reconstruction of services in or on Notion Road adjacent to the Plan.
2. Upon payment to The Corporation of the Town of Pickering of the sum of $59,563.25
(May 1990 dollars, adju. sted in accordance with the Southam Construction Cost Index,
Ontario Series, Composite Portion, to date of payment), the Mayor and Clerk are hereby
authorized to execute a Release and Discharge, in the form attached hereto as Schedule
C, of certain portions of the Agreement dated June 29, 1987, Notice of which was
registered December 3, 1987 as Instrument No. LT362554, between Fulco Automotive
Limited and The Corporation of the Town of Picketing, respecting that aspect of the
subdivision and development of Plan 40M-1500, Picketing, requiring the reconstruction
of services in or on Not~on Road adjacent to the Plan.
3. Schedules A, B and C hereto form part of this By-law.
BY-LAW read a first, second and third time and finally passed this 28th day of June, 1990.
Wayne Arthur~Vlay~or //~
6c r, Cle /
TOWN CF
PtCKERING
APPROVED
LEGAL DEP
Schedule A
RELEASE AND DISCHARGE
WHEREAS the Agreement dated February 2, 1987, Notice. of which was registered December 3,
1987, in the Land Registry Office for the Land Titles Division of Durham (lqo. 40) as Instrument
No. LT 362554, between,
SILWELL DEVELOPMENTS LIM1TED
and
BERMA ESTATES ..LIMITED
hereinafter collectively referred to as the "Company"
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter referred to as the "Town",
provided for the subdivision and development of what is now Plan 40M-1498, Picketing; and
WHEREAS certain of the terms and conditions of that Agreement requiring the reconstruction
of services in or on Notion Road are now redundant; and
IN CONSIDERATION OF the payment by the Company to the Town of the sum of $ ,
receipt of which by the Town is hereby acknowledged,
THE TOWN HEREBY remises, releases and forever discharges the Company, its successor and
assigns, from any and all liabilities, actions, causes of action, debts, claims or demands of any kind
whatsoever which the Company may have been, is, or may become subject to pursuant to the
provisions of the Aiueement insofar as those provisions affect the reconstruction of services in or
on Notion Road adjacent to the Plan.
IN WITNESS WHEREOF the Town has hereunto affixed its corporate seal, attested to by its
properly authorized officers.
DATED at Pickering, Ontario this 28th day of June, 1990.
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
Schedule B
RELEASE AND DISCHARGE
WHEREAS the Agreement dated February 2, 1987, N.o.tice. of which was registered December 3,
1987, in the Land Registry Office for the Land Titles D~vis~on of Durham (No. 40) as Instrument
No. LT 362557, between,
SILWELL DEVELOPMEN'I~ LIMITED
and
BERMA ESTATES LIMITED
hereinafter collectively referred to as the "Company"
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter referred to as the "Town",
provided for the subdivision and development of what is now Plan 40Mo 1499, Picketing; and
WHEREAS certain of the terms and conditions of that Agreement requiring the reconstruction
of services in or on Notion Road are now redundant; and
IN CONSIDERATION OF the payment by the Company to the Town of the sum of $ ,
receipt of which by the Town is hereby acknowledged,
THE TOWN HEREBY remises, releases and forever discharges the Company, its successor and
assigns, from a.ny and all liabilities, actions, causes .of action, debts, claims or demands of any kind
what.soever which the Company may have been, is., or may become subject to pursuant to the
prowsions of the Agreement insofar as those provisions affect the reconstruction of services in or
on Notion Road adjacent to the Plan.
IN WITNESS WHEREOF the Town has hereunto affixed its corporate seal, attested to by its
properly authorized officers.
DATED at Picketing, Ontario this 28th day of June, 1990.
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
Schedule C
RELEASE AND DISCHAROE
WHEREAS the Agreement dated June 29, 1987, Notice of which was registered December 3,
1987, in the Land Registry Office for the Land Titles Division of Durham (No. 40) as Instrument
No. LT 362552, between,
FULCO AUTOMOTIVE LIMITED
hereinafter referred to as the "Company"
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter referred to as the "Town",
provided for the subdivision and development of what is now Plan 4OM-1500, Pickering; and
WHEREAS certain of the terms and conditions of that Agreement requiring the reconstruction
of services in or on Notion Road are now redundant; and
IN CONSIDERATION OF the payment by the Company to the Town of the sum of $ ,
receipt of which by the Town is hereby acknowledged,
THE TOWN HEREBY remises, releases and forever discharges the Company, its successor and
assigns, from any and all liabilities, actions, causes of action, debts, claims .or demands of any kind
whatsoever which the Company may have been, is, or may become subject to pursuant to the
provisions of the Agreement insofar as those provisions affect the reconstruction of services in or
on Notion Road adjacent to the Plan.
IN WITNESS WHEREOF the Town has hereunto affixed its corporate seal, attested to by its
properly authorized officers.
DATED at Picketing, Ontario this 28th day of June, 1990.
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk