HomeMy WebLinkAboutBy-law 1535/82THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1535/82
Being a By-Law to authorize the execution
of an Agreement between Maple Ridge Homes
Ltd. and the Corporation of the Town of
Pickering to amend the Subdivision Agree-
ment dated June 16th, 1980, between Black
File Investments Inc. and Silver File
Investments Inc. and the Town respecting
the development of Draft Plan 18T-79068
(Plans M-1194, M-1202, M-1203, M-1207,
M-1215 and 40M-1236)
WHEREAS the Corporation of the Town of Pickering entered into a Subdivi-
sion Agreement with Black File Investments Inc. and Silver File Invest-
ments Inc. on June 16th, 1980 to provide for the development of Draft
Plan 18T-79068, which Agreement was subsequently amended by Agreements
dated February 2nd, 1981 and May 4th, 1981, between the Town and Maple
Ridge Homes Ltd., being the successor in title to Black File Investments
Inc. and Silver File Investments Inc. with respect to the lands in the
said plan; and
WHEREAS it is now deemed appropriate to amend further the said Subdivi-
sion Agreement;
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 Maple Ridge
Homes Ltd. and the Corporation of the Town of Pickering to amend
the Subdivision Agreement dated June 16th, 1980 between Black File
Investments Inc. and Silver File Investments Inc. and the Corpor-
ation of the Town of Pickering with respect to the development of
Draft Plan 18T-79068 (Plans M-1194, M-1202, M-1203, M-1207, M-1215
and 40M-1236.)
BY-LAW read a first, second and third time and finally passed this
5th day of July , 1982.
Schedule "A" to By-law 1535/82
THIS AGREEMENT made in triplicate this 5th day of July, 1982.
BETWEEN :
MAPLE RIDGE HOMES LTD.
hereinafter called the "Owner"
OF THE FIRST PART,
- and-
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town''
OF THE SECOND PART.
WHEREAS, by Subdivision Agreement dated June 16th, 1980, and registered
on September llth, 1980, as Instrument No. LTl12902, between Black File
Investments Inc., Silver File Investments Inc., the Town and certain
Encumbrancers, Black File Investments Inc. and Silver File Investments
Inc. proposed to subdivide and register a plan of subdivision of those
parts of Lots 23 ~d 24, Concession 2, Pickering, designated as Parts
1, 6, 7, 8, 9 and 11 on Plan 40R-5886, being Ministry of Housing Draft
Plan Number 18T-79068; and
WHEREAS, part of ~]e said plan was registered on September llth, 1980
as Plan M-1194; a further part of the said plan was registered on
October 17th, 1980 as Plans M-1202 and M-1203; a further part of the
said plan was registered on February 25th, 1981 as Plan M-1207; a
further part of the said plan was registered on as
Plan M-1215; and the remainder of the plan was registered on
as Plan 40M-1236; and
WHEREAS the Owner herein is the successor in title to Black File Invest-
ments Inc. and Silver File Investments Inc. with respect to the lands
affected hereby; and
WHEREAS, by Agreement dated February 2nd, 1981, and
llth, 1981, as Instrument No. LT120676, between the
Town and the Encumbrancers, certain amendments were
sion Agreement; and
registered on March
Owner herein, the
made to the Subdivi-
WHEREAS, by Agreement dated May 4th, 1981, and registered on July 15th,
1981, as Instrument No. LT129272, between the Owner herein, the Town
and the Encumbrancers, further amendments were made to the Subdivision
Agreement; and
WHEREAS, it is deemed desirable to amend further the Subdivision Agree-
ment 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 from each is hereby acknowledged by each, the Parties hereto
AGREE AS FOLLOWS:
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1. The lands affected by this Agreement are:
ALL AND SINGULAR those certain parcels or tracts 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 all those lands comprising and contained in Plans M-
1194, M-1202, M-1203, M-1207, M-1215 and 40M-1236, all filed in
the Land Titles Office for the Registry Division of Durham (No.
40).
2. In this Agreement, the term,
(a)
"Subdivision Agreement" shall mean the Agreement dated June
16th, 1980 and registered September llth, 1980 as Instrument
No. LTl12902, between Black File Investments Inc., Silver
File Investments Inc., the Town and certain Encumbrancers;
(b)
"First Amendment Agreement" shall mean the Agreement dated
February 2nd, 1981 and registered March llth, 1981, as Instru-
ment No. LT120676, between the Owner, the Town and the Encum-
brancers; and
(c)
"Second Amendment Agreement" shall mean the Agreement dated
May 4th, 1981 and registered July 15th, 1981 as Instrument
No. LT129272, between the Owner, the Town and the Encumbran-
cars.
The Owner herein acknowledges and agrees that it is the successor
to Black File Investments Inc. and Silver File Investments Inc.
with respect to the lands affected hereby, and, as such, is bound
by all the terms and provisions of the Subdivision Agreement, the
First Amendment Agreement and the Second Amendment Agreement.
4 o
Section 30(1) (a) of the Subdivision Agreement is hereby deleted
and the following substituted therefor:
(a) a permanent solid wood fence, to specifications approved by
the Director of Public Works,
(i)
along the westerly boundary of the subdivision adja-
cent to Lots 121-127, inclusive; Lots 165-175, inclu-
sive; and Block 304;
(ii)
along the southerly boundary of the subdivision adja-
cent to Lots 25-37, inclusive; and Lots 92-99, inclu-
sive;
(iii) along the easterly boundary of the subdivision adja-
cent to Lots 18-25, inclusive;
(iv)
along the northerly boundary of Lot 18 and across part
of Block 297 from Liverpool Road in a straight line to
Barnwood Square; then along Barnwood Square north-
easterly to the westerly boundary of Block 297; and
(v) along the entire westerly boundary of Block 297;
5. Sections 30(1) (b) (i)l and 30(1) (b) (i)2 of the Subdivision Agree-
ment are hereby deleted.
Section 30(1) (b) (ii)2 of the Subdivision Agreement is hereby
deleted.
7. Section 30(1) (d) of the Subdivision Agreement is hereby deleted.
8. Time shall be of the essence of this Agreement.
o
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 Corporate
Seals attested to by the hands of their proper officers in that behalf
full authorized.
SIGNED, SEALED & DELIVERED
MAPLE RIDGE HOMES LTD.
President
Vice-President
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
Clerk