Loading...
HomeMy WebLinkAboutBy-law 1393/81THE CORPORATION OF THE TOWN OF PICKERING BY-LAT9 NO. 1393/81 Being a By-Law to authorize the execution of an Agreement between Bramalea Limited and the Corporation of the Town of Pickering to amend the Subdivision Agreement dated July 6th, 1981, between Bramalea Limited and the Town respecting the development of Draft Plan of Subdivision IST-79085 (Revised) WHEREAS, the Corporation of the Town of Pickering entered into a Subdi- vision Agreement with Bramalea Limited on July 6th, 1981, to provide for the development of Draft Plan 18T-79085 (Revised); and WHEREAS, it is now deemed appropriate to amend the said Subdivision Agreement in a certain respect; 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 Bramalea Limited and the Corporation of the Town of Pickering, to amend the Subdivision Agreement dated July 6th, 1981 between Bramalea Limited and the Corporation of the Town of Pickering with respect to the development of Draft Plan 18T-79085 (Revised). READ a first, second and third time and finally passed this 2nd day of November , 1981. G?0'L yor Clerk SCHEDULE 'A' to By-law 1393/81 THIS AGREEMENT made in triplicate this day of , 1981. B E T W E E N: BRAMALEA LIMITED 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 - CANADIAN IMPERIAL BANK OF COMMERCE and MADGE BOOTH and JOHN THOMAS WILLIAMS hereinafter called the "Encumbrancers" OF THE THIRD PART. WHEREAS, by Agreement dated July 6th, 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 chose parts of Lots 29 and 30, Concession 1, Pickering, being Ministry of Housing Draft Plan Number 18T-79085 (Revised) ; and WHEREAS, it is deemed desirable to amend the said Agreement in a certain respect; and WHEREAS, the Encumbrancers have certain rights or interests in the nature of encumbrances relating to the lands affected hereby; NOW 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 - 1. LAND AFFECTED The lands affected by this Agreement are: ALL AND SINGULAR that certain parcel or tract 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 Lots 29 and 30, Concession 1, Pickering, desig- nated as Parts , on a plan of reference deposited in the office for the Registry Division of Durham (No. 40) as Plan No. 40R- 2. In this Agreement, the term "Subdivision Agreement" shall mean the Agreement dated July 6th, 1981, between the Owner, the Town and the Encumbrancers. 3. The owner acknowledges and agrees that it is bound by all the terms and provisions of the Subdivision Agreement. 4. Schedule "A" of the Subdivision Agreement is hereby amended by adding thereto the following section: 8. Noise Attenuation Measures Prior to the final acceptance by the Town of the works in the subdivision, the Owner's consulting engineer shall provide tc the Town, and to the Ministry of the Environment, his engin- eering certificate certifying that all intended noise atten- uation measures required to be carried out pursuant to the provisions of the report prepared by Valcoustics Canada Ltd., dated July 31st, 1981, as revised, being the report referred to in section 3 of Schedule "C" to this Agreement have been carried out in accordance with those provisions. 5. Section 3 of Schedule "C" of the Subdivision Agreement is hereby amended by adding thereto the following subsections: (4) The Owner shall, (a) equip all residential units to be located on Lots 69-1; 81-1 to 95-1, inclusive; Blocks 120-1 and 121-1; Block 123-1; Block 125-1; Lots 57-2 to 59-2, inclusive; 63-2 to 66-2, inclusive; 70-2 to 72-2, inclusive; and 100-2 to 111-2, inclusive, with central air conditioning systems because of the proximity of those lots to noise sources; and (b) equip all residential units to be located on Lots 1-1; 2-1; 14-1 to 17-1, inclusive; 28-1 to 31-1, inclusive; 96-1 to 98-1, inclusive; 105-1 to 109-1, inclusive; 54-2 to 56-2, inclusive; 60-2 to 62-2, inclusive; 67-2 to 69- 2, inclusive; 73-2 to 75-2, inclusive; 97-2 to 99-2, inclusive; 112-2 to 115-2, inclusive; and 128-2 to 134- 2, inclusive, with ducted forced air heating systems designed to facilitate the future installation, by others, of central air conditioning units to provide for a more suitable indoor noise environment with windows closed. (5) Air cooled condensor units to be installed on any lot referred to in subsection (4), above, should be located in a noise insensitive location. 6. The Encumbrancers agree with the Town that this Agreement shall have priority over and take precedence over any of their respec- tive rights or interests affected hereby, whether or not any such right or interest was established or arose prior to the date - 3 - 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. 7. Time shall be of the essence of this Agreement. 8. 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 fully authorized. SIGNED, SEALED & DELIVERED BRAMALEA LIMITED Vice-President Vice-President THE CORPORATION OF THE TOWN OF PICKERING Mayor CANADIAN IMPERIAL BANK OF COMMERCE Per: Per: In the Presence of MADGE BOOTH JOHN THOMAS WILLIAMS