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HomeMy WebLinkAboutBy-law 1539/82THE CORPOP~ATION OF THE TOW~ OF PICKERING BY-LAW NUMBER 1539/82 Being a By-Law to authorize the execution of a Development Agreement between Fritz and Elly Koebisch and the Corporation of the Town of Picketing with respect to Lot 30 and Part of Lot 31, Plan 228, being Parts 1, 2, 3, 4 and 5, Plan 40R-6727 (AD 182-3/81). WHEREAS Fritz and Elly Koebisch are the owners, in fee simple, of Lot 30 and Part of Lot 31, Plan 228, Pickering, designated as parts 1-5, Plan 40R-6727, and pursuant to the decision of the Ontario Municipal Board in its file number A81612 are required to enter into an Agreement with the Town as a prior condition to the final approval by the Board of Regional Municipality of Durham Land Division Committee Decision LD 182/81~ 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 Fritz and Elly Koebisch and the Corporation of the Town of Pickering respecting the development of that Part of Lots 30 and 31, Plan 228, designated as Parts 1-5, inclusive, Plan 40R-6727 (LD 182-3/81). BY-LAW read a first, second and third time and passed this 5th day of July, 1982. TOWN OF PICKERING APPROVED AS TO SCHEDULE "A" to By-law 1539/82 THIS AGREEMENT made in triplicate this day of , 1982. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE FIRST PART, FRITZ KOEBISCH and ELLY KOEBISCH hereinafter collectively called the "Ow~er" OF THE SECOND PART. WHEREAS the Owner is the owner of certain lands and premises within the Town of Pickering, comprising parts of Lots 30 and 31, Plan 228, Picketing, and is desirous of developing same into three residential parcels by the severance of two new parcels from the original parcel; and W~EREAS by decision dated May 25th, 1981, the Land Division Committee of the Regional Municipality of Durham approved the severance of one such new parcel (LD 183/71), subject to certain conditions: and WHEREAS by Order dated , 1982, the Ontario Municipal Board approved the severance of the second such parcel (OMB File No. A 81612), subject to certain conditions, one of which requires the enter- ing into of this Agreement by the Parties; NOW THEREFORE THIS AGREEMENT WITNESSETH THAT, in consideration of the mutual covenants and benefits herein contained, and the sum of Two Dollars ($2.00) paid by each Party to the other, receipt of which by each is hereby acknowledged, the Parties hereto agree as follows: The lands affected hereby are those lands more particularly described as follows: ALL AND SINGULAR those certain parcels or tracts of lands 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 30 and 31, accord- ing to a plan registered in the Land Registry Office for the Registry Division of Durham (No. 40) as Plan 228, designated as Part 4 on a plan of survey of record deposited in the said Office as Plan No. 40R-672~. - 2 - Prior to the issuance of the Town's release advice respecting the conditions of the approval of the Ontario Municipal Board to the severance of the lands affected hereby, the Owner shall, (a) convey to the Town, free and clear of all encumbrances, and at no cost to the Town, all of Part 1, Plan 40R-6727, for road widening purposes; (b) convey to the Town, free and clear of all encumbrances, and at no cost to the Town, all of Part 5, Plan 40R-6727, for park purposes; {c) pay to the Town the sum of $1,300.00 as the Owner's contri- bution to the cost of the widening of Rougemount Drive over part of Part 1, Plan 40R-6727, for the purpose of providing adequate access to the lands affected hereby; and (d) pay to the Town the sum of $450. 00 as the Owner's contri- bution to the cost of the improvement of the storm sewer drainage system over part of Part 1, Plan 40R-6727, for the purpose of providing adequate drainage where the lands affected hereby abut Part 1, Plan 40R-6727. No development, including redevelopment, shall be undertaken on the lands until plans showing the location of all buildings and structures existing or to be erected, the location of all facil- ities and works to be provided in conjunction therewith, and the location of all facilities and works required under section 4 hereof have been submitted to the Town and approved by the To~'s Director of Planning, Director of Public Works and the Metropol- itan Toronto and Region Conservation Authority ("M.T.R.C.A."). (1) (2) (3) As a condition to the approval of the plans referred to in section 3, above, the To~] or M.T.R.C.A. may require the Owner to provide to the satisfaction of and at no expense to the Town and M.T.R.C.A. any or all of the following: (a) walls, fences, hedges, trees, shrubs or other ground- cover or facilities for the landscaping of the lands or the protection of adjoining lands; (b) grading or alteration in elevation or contour of the land and provision for the disposal of storm, surface and waste water from the lands and from any buildings or structures thereon. As a further condition to the approval of the said plans, the Town may require the Owner to maintain, to the Town's satis- faction and at the sole risk and expense of the Owner, any or all of the facilities or works mentioned in clauses (a) and (b) of subsection (1), above. For the purpose of guaranteeing the maintenance, by the Owner, of any works and facilities required to be maintained pursuant to a condition of approval imposed under subsection (2), above, the Town may require the Owner to provide, prior to the issuance of a building permit, security in the form of an irrevocable letter of credit issued by a chartered bank in Canada in an amount and for a term determined by the Town, which security may be drawn upon by the Town in such amounts, and at such times as the Town, in its sole discretion, deems advisable, should the Owner fail to maintain the said facil- ities or works to the Town's satisfaction. - 3 - Upon approval by the Town's Director of Planning, Director of Public Works and M.T.R.C.A., of the plans referred to in section 3, above, the proposed buildings, structures, facilities and works shall be erected, constructed, installed and maintained in con- formance with the said plans, as approved. If erection, construction or installation has not commenced within one (1) year of the date of approval of the plans referred to in section 2, the approval shall become null and void and the plans must be re-submitted for approval prior to any erection, construc- tion or installation commencing. This Agreement and everything contained herein, shall enure to the benefit of and be binding upon the Parties hereto and their res- pective heirs, administrators, successors and assigns. IN WITNESS WHEREOF, the Town has hereunto affixed its corporate seal, duly attested to by its proper authorized officers and the persons comprising the Owner have affixed their hands and seals. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk Fritz Koebisch Elly Koebisch In the presence of