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