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HomeMy WebLinkAboutBy-law 1499/82THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1499/82 Being a By-Law to authorize the execution of an Agreement between J.D.S. Investments Limited and the Corporation of the Town of Pickering to amend the Subdivision Agreement dated November 2nd, 1981 between J.D.S. Investments Limited and the Town respecting the development of Draft Plan of Subdivision 18T-79008(R). WHEREAS the Corporation of the Town of Pickering entered into a Subdivi- sion Agreement with J.D.S. Investments Limited on November 2nd, 1981, to provide for the development of Draft Plan 18T-79008(R), now Plan 40M- 1231; and WHEREAS it is now deemed appropriate to amend the said Subdivision Agree- ment in a certain respect; 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 Agreement, in the form attached hereto as Schedule "A", between J.D.S. Invest- ments Limited and the Corporation of the Town of Pickering, to amend the Subdivision Agreement dated November 2nd, 1981 between J.D.S. Investments Limited and the Corporation of the Town of Pickering with respect to the development of Draft Plan of Subdivision 18T-79008(R) now Plan 40M-1231. BY-LAW read a first, second and third time and finally passed this 7th day of June , 1982. Schedule "A" to B~;-law Number 1499/82 THIS AGREEMENT made in quadruplicate this 7th day of June, 1982. BETWEEN : J.D.S. INVESTMENTS LIMITED hereinafter called the "Owner" OF THE FIRST PART, and- THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PART, - and - THE BANK OF NOVA SCOTIA having its Head Office in the City of Halifax, in the Prevince of Nova Scotia and its Executive Offices in the City of Toronto, Province of Ontario hereinafter called the "Encumbrancer~ OF THE THIRD PART. WHEREAS by Agreement dated November 2nd, 1981, between the Owner, the Town and the Encumbrancer, the Owner proposed to subdivide and register, with the consent of the Encumbrancer, a plan of subdivision of those parts of Lots 20 and 21, Concession 1, Picketing, comprising Ministry of }lousing Draft Plan Number 18T-79008(R) ; az~ WHEREAS it is deemed desirable to amend the said Agreement in a certain respect; and WHEREAS the Encumbrancer has certain rights or interests in the nature of encumbrances relating to the lands affected hereby; NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the sum of Two Dollars ($2.00) paid by each Party to the others, receipt of which from each is hereby acknowledged by each, the Parties hereto agree as follows: The lands affected by this Agreement are: ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Pickering, in the Regional Municipality of Durham and Province of Ontario and being composed of those parts of Lots 20 and 21, Concession 1, Pickering, designa- ted as Blocks 1-27, inclusive, on a plan of subdivision registered in the Land Registry Office for the Land Titles Division of Durham (No. 40) as Plan Number 40M-1231. In this Agreement, the term "Subdivision Agreement" shall mean the Agreement dated November 2nd, 1981, between the Owner, the Town and the Encumbrancer. 3. The Owner acknowledges and agrees that it is bound by all the terms and provisions of the Subdivision Agreement. 4. Subsection (3) of section 29 of the Subdivision Agreement is hereby deleted and the following substituted therefor: (3) The Town acknowledges that in the conveyance to it of those parts of Lots 20 and 21, Concession 1, Pickering, designated as Parts 1, 3, 8 and 9, Plan 40R-6545, the Owner conveyed 1.58 hectares (3.904 acres) in excess of the parkland dedi- cation required for the residential development of Blocks 7, 8, 9, 10, 12, 13, 14 and 15 of the subdivision and agrees that the Town shall compensate the O%~er for the conveyance of such excess by paying to the O%~er the sum of $585,600 upon the issuance by the Town to the ©~er of building permits for the residential units on those Blocks. 5. ENCUMBRANCER The Encumbrancer agrees with the Town that this Agreement shall have priority over and take precedence over any rights or interests affected hereby, whether or not any such right or interest was established or arose prior to the date hereof and whether or not such right or interest is set out in or arises by virtue of any instrument or document registered on title to the lands affected hereby, or any part of them, prior to the registration of this Agreement. TIME Time shall be of the essence of this Agreement. 7. BINDING PARTIES This Agreement and everything herein contained shall enure to the benefit of and be binding upon the Parties hereto, their successors and assigns. IN WITNESS WHEREOF, the said Parties have hereunto affixed their Corpor- ate Seals attested to by the hands of their proper officers in that behalf fully authorized. SIGNED, SEALED & DELIVERED J.D.S. INVESTMENTS LIMITED Secretary-Treasurer THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk In Witness Whereof, I WILLIAM EDGAR BAILEY, being the attorney in fact duly appointed for The Bank of Nova Scotia by power of attorney registered in the Land Titles Office in and for Durham as Number LTD 75524, have hereunto set my hand this day of , 1982. In the presence of: THE BANK OF NOVA SCOTIA, By Its Attorney Witness William Edgar Bailey PART 5 - PARKS & TREES 29. PROVISION OF PARKLAND (1) The parties acknowledge that the Owner has conveyed to'the Town, free and clear of all encumbrances and at no cost to the Town, those parts of Lots 20 and 21, Concession 1, Picketing, designated as Parts 1, 3, 8 and 9, Plan 40R-6545, comprising 4.554 hectares (11.254 acres) of which 2.974 hectares (7.35 acres) shall constitute the parkland dedication required for the residential development of Blocks 7, 8, 9, 10, 12, 13, 14 and 15 of the subdivision. (2) It is acknowledged and agreed that, in calculating the above- mentioned 2.974 hectares (7.35 acres) parkland requirement, any future residential development of Blocks 1-6, inclusive, 11 and 16 was not taken into account and consequently, upon any residential development of any of those blocks, further park- land dedication shall be required. (3) The Parties further acknowledge and agree that, as of the date of this Agreement, the Owner shall be credited with a surplus parkland dedication in the amount of 1.58 hectares (3.904 acres) which credited surplus may be used by the Owner to offset parkland dedication requirements for future residential development within the Town's Town Centre Community. 30. FENCING (1) The Owner shall erect, upon the completion of final and seeding or sodding the ]ands in the subdivision, lot grading (a) a permanent fence of nine {9) gauge, galvanized steel link fencing, having 0.05 metre mesh, 1.8 metres high, (i) along the boundary of the subdivision adjacent to Blocks 1, 2, 5, 26, 7 and 9; (ii) along the southerly boundary of Blocks 3, 4 ~]d 5; (b) a permanent fence of nine and three quarter (9-3/4) gauge, nine (9) strand, galvanized steel farm fence, 1.22 metres high, having maximum 0.10 x 0.40 metre mesh, (i) along the boundary of the subdivision adjacent to Blocks 3, 27, 8, 10, ll and 16; and (ii) along the northerly boundary of The Esplanade South. The fencing required to be constructed pursuant to clause (a) of subsection (1), above, shall be constructed so as to meet or exceed the requirements for swi~ing pool enclosures as set out in Part II of the To~'s By-Law 425/76, as amemded from time to time, or any successor thereto. (3) Notw~t~stamding the provisions of subsection (1), should, (i) the Ministry of the Environment, or (ii) the provisions of any subsequent Development or Site Plan Agreement with the Town, require a fence or barrier, of a type, height or construction other than that required by subsection (1), to be erected in