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