HomeMy WebLinkAboutBy-law 1286/81?i Ob"dN ..
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THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1286/81
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 Agreement dated
March 2nd, 1981 between Maple Ridge Homes
Ltd. and the Town respecting the development
of Draft Plan of Subdivision 18T-80021.
WHEREAS, the Corporation of the Town of Pickering entered
into a Subdivision Agreement with Maple Ridge Homes Ltd.
on March 2nd, 1981 to provide for the development of
Draft Plan 18T-80021; and
WHEREAS, it is now deemed appropriate to amend the said
Subdivision Agreement in certain respects;
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 Maple Ridge Homes Ltd. and the Corpora-
tion of the Town of Pickering, to amend the Subdivi-
sion Agreement dated March 2nd, 1981 between Maple
Ridge Homes Ltd. and the Corporation of the Town of
Pickering with respect to the development of Draft
Plan 18T-80021.
BY-LAW read a first, second and third time and finally
passed this 4th day of May , 1981.
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SCHEDULE "A" to By-law 1286/81
THIS AGP.,PEMENT made in sext:.upl.icate this 4th .i, of May, 1981.
B E T W E E N:
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,
- and -
JUNE VANDENBERG
- and -
THE ROYAL BANK OF CANADA (as
Debenture-Holder) and E. J. R. PHILLIPS
INVESTMENTS LIMITED, a Corporation incor-
porated under the laws of the Province of
Ontario
hereinafter called the "Encumbrancers"
OF THE THIRD PART.
WHEREAS,by Agreement dated March 2nd, 1981 between the Owner, the
Town and the Encumbrancers, the Owner proposed to subdivide and
register, with the consent of the Encumbrancers, a plan of subdivision
of those parts of Lot 24, Concession 2, Pickering, being Ministry of
Housing Draft Plan Number 18T-80021; and
WHEREAS,it is deemed desirable to amend the said Agreement in certain
respects; and
WHEREAS, the Encumbrancers have certain rights or interests in the
nature of encumbrances relating to the lands affected hereby;
NOU THEREFORE, THIS AGREEMENT WITNESSETH THAT, in consideration of the
sum of Two Dollars ($2.00) paid by each Party to the others, receipt
of which from each is hereby acknowledged by each, the Parties hereto
agree as follows:
- 2 -
The lands affected by this Agreement ar?-
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 those
parts of Lot 24, Concession 2, designated as Parts 5
and 10 on a plan of survey of record deposited in the
Registry Office for the Registry Division of Durham
as Plan No. 40R-5886.
_;
2. In this Agreement, the term "Subdivision Agreement" shall mean
the Agreement dated March 2nd, 1981 between the owner, Lhe Mown
and the Encumbrancers.
3. The Owner acknowledges and agrees that it is bound by all the
terms and provisions of the Subdivision-Agreement.
4. Section 29 of the Subdivision Agreement is hereby deleted and
the following substituted therefor:
(1) The Parties acknowledge that, in the dedication of
parkland for the subdivision designated as Draft Plan
18T-79068, the owner or related companies dedicated a
surplus of 0.9864 hectares.
(2) It is hereby agreed by the Parties that 0.2826 hectares
of that 0.9864 hectare surplus constitutes the parkland
dedication required for the development of the subdivision
designated as Draft Plan 18T-78092.
(3) It is hereby further agreed that an additional 0.6444
hectares of that 0.9864 hectare surplus shall constitute
the parkland dedication required for the development of
the subdivision of the lands affected by this Agreement
(18T-80021).
(4) It is hereby acknowledged by the Parties that, as of the
date of this Agreement, the net surplus of parkland
dedicated by the Owner or related companies to the Town
is 0.0594 hectares.
5. The Encumbrancers agree with the Town that this Agreement shall
have priority over and take precedence over any rights affected
hereby, whether or not any such right or interest was established
or arose prior to the date hereof and whether or not such right
or interest is set out in or arises by virtue of any instrument
or document registered on title to the lands affected hereby, or
any part of them, prior to the registration of this Agreement.
6. Time shall be of the essence of this Agreement.
7. This Agreement and everything herein contained shall enure to
the benefit of and be binding upon the Parties hereto, their
successors and assigns.
- A -
IN WITNESS WHEREOF, the said Partie° have hereunto affixed
their Corporate Seals attested to by the hands of their proper
officers in that behalf fully authorized, and JUNE VANDENBERG
has hereunto set her hand and seal.
SIGNED, SEALED AND DELIVERED .
MAPLE RIDGE HOMES LrD.
President
P
In the presence of
Power of Attorney registered
as No.
on
Vice-President
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
Clerk
JUNE VANDENBERG
THE ROYAL BANK OF CANADA, By Its Attorneys
E. J. R. PHILLIPS INVESTMENTS LIMITED
President