HomeMy WebLinkAboutBy-law 1500/82THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1500/82
Being a By-Law to authorize the execution
of an Agreement between the Corporation of
the Town of Pickering and Harvey Adelman,
in trust, respecting the development of Lot
89, Plan 350, Pickering (LD 63/82)
WHEREAS Harvey Adelman, in trust, is the owner of Lot 89, Plan 350,
Pickering and wishes to develoH that lot for certain residential pur-
poses but the existing provisions of the Town's Fairport Community
Rosebank Neighbourhood Development Plan suggests that the lot should
be used for road purposes and not for residential development; and
WHEREAS the development of the lot for residential purposes may be per-
mitted subject to certain terms and conditions;
NOW THEREFORE, the Council of the Corporation of the Town of Pickering
HEREBY ENACTS AS FOLLOWS:
The Mayor and Clerk are hereby authorized to execute an Agreement,
in the form attached hereto as Schedule "A" between Harvey Adelman,
In Trust, and the Corporation of the Town of Pickering respecting
the development of Lot 89, Plan 350, Pickering (LD 63/82).
BY-LAW read a first, second and third time and finally passed this 7th
day of June, 1982.
Schedule "A" to By-law Number ,.1500/82
THIS AGREEMENT made in triplicate this 7th day of June, 1982.
BETWEEN :
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE FIRST PART,
- and -
HARVEY ADEI~4AN, IN TRUST
hereinafter called the "Owner"
OF THE SECOND PART.
WHEREAS the Owner is the owner in fee simple of Lot 89, Plan 350, Pick-
ering and wishes to develop that lot for certain residential purposes;
and
WHEREAS the existing provisions of the Town's Fairport Community Rose-
bank Neighbourhood Development Plan suggest that that lot should be
used for road purposes and not for residential development; and
WHEREAS the Owner and the Town have agreed that the development of that
lot for residential purposes should be permitted subject to certain
terms and conditions;
NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT, in consideration of the
mutual covenants herein contained, and the sum of ~o Dollars ($2.00)
now 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 those lands more partic-
ularly described as follows:
ALL k~D SINGULAR that certain parcel or tract of land and
premises situate, lying and being in the To~ of Pickering,
in the Regional Municipality of Durham and Province of
Ontario, and being composed of all of Lot 89, according to a
plan registered in the Registry Office for the Registry
Division of Durham (No. 40) as Plan 350.
within ninety (90) days of the date of this Agreement, the Owner
shall convey to the Town, free and clear of all encumbrances and
at no cost whatsoever to the Town, that part of Lot 89, Plan 350,
Pickering, designated as Part on Plan 40R- , comprising the
- 2 -
westerly 30.48 metres of that lot, for the purpose of constructing
thereon a portion of the northerly turning circle for a future
north/south cul-de-sac public roadway, the exact location of which
is yet to be determined.
within ninety (90) days of the date upon which the Town determines
the exact location of the northerly turning circle for the above-
mentioned north/south cul-de-sac public roadway, the Town shall
reconvey to the Owner, free and clear of all encumbrances and at
no cost to the Owner, that portion of Part , Plan 40R-. , not
required by the Town for such turning circle or any 0. 3 metre
reserves adjacent thereto, for the purpose of developing such re-
conveyed portion for residential purposes.
The Town shall amend its Fairport Community Rosebank Neighbourhood
Development Plan by deleting from the Rosebank Development Plan
attached thereto, the proposed east/west roadway located on Lot
89, Plan 350, Pickering.
o
(1) The contents of Appendix "A" hereto illustrates the trans-
actions referred to in sections 2 and 3, above, but does not
form part of this Agreement.
(2)
The contents of Appendix
referred to in section 4,
this Agreement.
"B" hereto illustrates the amendment
above, but does not form part of
This Agreement, and everything contained herein, shall enure to
the benefit of and be binding upon the Parties hereto, their
respective heirs, executors, administrators, successors and
assigns.
IN WITNESS WHEREOF the Party of the First Part has hereunto affixed its
corporate seal, duly attested by the hands of its proper authorized
officers and the Party of the Second Part has hereunto affixed his hand
and seal.
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
Clerk
In the presence of
HARVEY ADELMAN, IN TRUST
N
','d " i~,' RECONVEfED ;0
.,0, 48m \
~ ......... l ANDS
LOT 89
PLAN 350
~0 b~- ('ONVEYED TO 70~,~
uLAN 350, P]CEERING
APPENDIX "B"
:{osebank
Development
~tan
70 BE DELETED
LEGAL flEP~RTI, IEflT
FAIRPORT COMMUNITY
ROSEBANK NEIGHBOURHOOD
DEVELOPMENT PLAN
- Rosehank Development Plan