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HomeMy WebLinkAboutBy-law 1260/81THE CORPORATION OF THE TOWN OF PICKE BY-LAW NO. 1260/81 Being a By-Law to authorize the execution of an Agreement between Fred Campitelli, Roydon Alvin Prosser and the Corporation of the Town of Pickering respecting the conveyance and servicing of a portion of Glenanna Road (Part Lot 20, Concession 1, Pickering (Part , Plan 40R- ). WHEREAS, pursuant to the provisions of section 336 of The Munici- pal Act, R.S.O. 1970, chapter 284, as amended, the Council of a Municipal Corporation may pass by-laws for acquiring land required for the purposes of the Corporation; and WHEREAS, it is deemed desirable to acquire certain lands in Lot 20, Concession 1, Pickering for the continuation of Glenanna Road and services associated therewith; 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 Fred Campitelli, Roydon Alvin Prosser and the Cor- poration of the Town of Pickering respecting the conveyance and servicing of a portion of Glenanna Road (Part Lot 20, Concession 1, Pickering (Part , Plan 40R- ) BY-LAW read a first, second and third time and finally passed this 16th day of March , 1981. TOANN P1t:KE1 .) T'.J ?J ?' 'iS ?, vl SCHEDULE "A" to By-law 1260/81 THIS AGREEMENT made in triplicate this B E T W E E N: day of FRED CAMPITELLI of the Municipality of Metropolitan Toronto, in the Judicial District of York, Trustee. hereinafter called the "Owner" , 1981. OF THE FIRST PART, - and - ROYDON ALVIN PROSSER of the of , in the State of Florida, U.S.A. hereinafter called the "Mortgagee", OF THE SECOND PART, - and - THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE THIRD PART. WHEREAS, the owner is the registered owner, in fee simple, of the lands and premises located in Lot 20, Concession 1, Pickering and more parti- cularly described in Schedule "A" hereto; and WHEREAS, by Indenture dated December 14th, 1971, registered Instrument No. , and as yet undischarged, the owner did grant and mortgage the said lands and premises to the Mortgagee, subject to certain terms and conditions; and WHEREAS, the owner is desirous of making, and the Town of accepting, a grant to the Town of the said lands and premises, for road purposes, subject to certain terms and conditions; NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT, in consideration of the mutual benefits, terms and conditions herein imposed, and the payment of Two Dollars ($2.00) by each Party to the other Parties, receipt of which by each from each is hereby acknowledged, the Parties hereto agree as follows: as - 2 - 1. The lands and premises affected hereby (hereinafter called the "lands") are those lands and premises more particularly described in Schedule "A" hereto, which Schedule is hereby made a part of this Agreement. 2. The Owner shall convey the lands, free and clear of all encum- brances, to the Town, on or before December 31st, 1981, for road purposes, subject to the terms and conditions herein set out. 3. The Owner shall grant a permanent easement over, under, on and above the lands, to the Town, on or before April 17th, 1981, sub- ject to the terms and conditions herein set out, for the purpose of the construction, installation, erection, maintenance and repair of, (a) a road, including curbs, gutters and appurtenances; (b) water service; (c) storm sewers and appurtenances; (d) street lights; and (e) sidewalks. 4. The Town shall construct, instal and erect, on the lands, at no cost to the Owner, other than as set out in section 5, below, and at no cost to the Mortgagee, (a) a road, including curbs, gutters and appurtenances; (b) water service, including one connection to each of the northerly and southerly limits of the lands; (c) storm sewers, including one connection to each of the north- erly and southerly limits of the lands; (d) street lights; and (e) sidewalks, to the Town's urban standards in effect at the time, such construc- tion, installation and erection to be effected coincidentally with the development of Draft Plan of Subdivision 18T-79008. 5. Upon the completion of both the services referred to in clauses (b), (c), (d) and (e), of section 4, above, and the installation of the base coat of asphalt to the travelled portion of the road, the Town shall invoice the owner for the sum of $10,000.00 in consideration for such completion and the owner shall remit the said sum to the Town within thirty days of the date of the invoice or on December 31st, 1981, whichever last occurs. 6. Upon the conveyance of the lands to the Town, as required by sec- tion 1, or upon the payment of the invoice, as required by section 5, whichever last occurs, the Town shall dedicate the lands as public highway, and the Owner and the Mortgagee each hereby agree that the Town shall be under no obligation whatsoever to so dedi- cate the lands at any earlier date. 7. The Mortgagee hereby agrees that this Agreement shall be a prior encumbrance upon the lands to his mortgage, being the indenture, dated December 14th, 1971 and registered as Instrument No. - 3 - 8. This Agreement, and everything herein contained, shall enure to the benefit of and be binding upon the Parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the Parties of the First and Second Parts have hereunto affixed their hands and seals and the Party of the Third Part has hereunto affixed its corporate seal duly attested by its authorized officers. SIGNED, SEALED & DELIVERED In the presence of Witness FRED CAMPITELLI Witness ROYDON ALVIN PROSSER THE CORPORATION OF THE TOWN OF PICKERING Mayor e SCHEDULE "A" ALL AND SINGULAR that certain parcel or tract of land and premises sit- uate, lying and being in the Town of Pickering, in the Regional Munici- pality of Durham and Province of Ontario and being composed of that part of Lot 20, Concession 1, Pickering, designated as Part on a Dlan of survey of record deposited in the Registry Office for the Registry Divi- sion of Durham as Plan 40R-