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HomeMy WebLinkAboutBy-law 907/78 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 907/78 Being a by-law to authorize the execution of an Agreement between the Corporation of the Town of Pickering and Simon-Henry Kaptyn Estates Limited amending the Subdivision Agreement dated December 10th, 1973 respecting Plan M-1040. WHEREAS Simon-Henry Kaptyn Estates Limited has subdivided certain lands in Lot 17, Range 3, Broken Front Concession, Pickering (Plan M-1040); AND WHEREAS a Subdivision Agreement was entered into between the Corporation of the Township of Pickering and Simon-Henry Kaptyn Estates Limited on December 10th, 1973 respecting that subdivision; AND WHEREAS it is now deemed expedient to amend that Subdi- vision Agreement; 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 the Corporation of the Town of Pickering and Simon-Henry Kaptyn Estates Limited, amending the Subdivision Agreement dated December 10th, 1973 respecting Plan M-1040. BY-LAW read a first, second and third time and finally passed this 16th day of October, 1978. TOWN GP PICK.c=R':^!G APP?E ?.?J u ?!'C.'Y THIS AGREEMENT made this 16th day of October, 1978. BETWEEN: SIMON-HENRY KAPTYN ESTATES LIMITED a Corporation incorporated under the laws of the Province of Ontario hereinafter called the "Owner" OF THE FIRST PART, - and - THl: CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PART. WHEREAS the Owner on July 16th, 1975, registered a plan of subdivision on certain lands now situate in the Town of Picker- ing, in the Regional Municipality of Durham, which plan is known as M-1040 for the Land Titles Division of the Registry Office for Durham No. 40, hereinafter called the "Subdivision"; AND WHEREAS the servicing of the Subdivision is governed by the provisions of a Subdivision Agreement entered into between the owner and the former Corporation of the Township of Pickering, dated December 10th, 1973, hereinafter called the "Subdivision Agreement"; AND WHEREAS pursuant to the provisions of the Regional Muni- cipality of Durham Act, 1973 S.O. 1973, c.78, the Corporation of the Town of Pickering became the successor to the Corporation of the Township of Pickering on January 1st, 1974; AND WHEREAS an Agreement, hereinafter called the "First Amending Agreement", dated July 6th, 1977, was entered into between the owner and the Corporation of the Town of Pickering; AND WHEREAS it has become necessary to amend further the terms of the Subdivision Agreement; NOW THEREFORE THIS AGREEMENT WITNESSETH that in considera- tion of the premises and the covenants set out below, the parties hereto agree one with the other as follows: 1. The Parties hereto acknowledge and confirm the content- of the premises above recited and incorporate same ir,w this Agreement. 2. It is understood and agreed that the Town's rec.uirements for the servicing and development of the Subdivision shall be governed by the terms of the Subdivision Agree- ment, as amended by the First Amending Agreement, by this Agreement, hereinafter called the "Second Amending Agreement", which three Agreements are to be collectively referred to as the "Amended Subdivision Agreement". - 2 - 3. The Town releases the Owner from any obligations to install a watermain system and a sanitary sewer system as provided for in the Subdivision Agreement. The Owner in return covenants to re-negotiate these matters with the Regional Municipality of Durham, hereinafter called the "Region". 4. Section 4 of the Subdivision Agreement is hereby amended by deleting therefrom the last sentence in the first paragraph thereof, and by substituting therefor the following: The Town will endeavour to collect the cost ratably from, (a) other owners of lands contribu- ting storm drainage which is to flow through the storm and/or drainage system to be construc- ted by the Owner herein, and (b) other owners on Station Road, prior to giving connections to such other owners. Notwithstanding the provisions of this section, until such time as the necessary external storm sewer easements and appro- vals have been obtained, the Owner shall be permitted to develop the subdivision using temporary on-site storm drainage control approved by the Town so long as the Owner pre-installs the required storm sewer system and connects each site to that system at such time as the system becomes operational. 5. (a) It is understood and agreed by both parties that the Subdivision shall be developed in Stages I, II and III, the approximate size and location of each stage being as outlined on the sketch attached hereto as Schedule "A" to this Amending Agreement. (b) Schedule "A" of the Subdivision Agreement is hereby amended by deleting therefrom section 1, and by substituting therefor the,follow- ing: 1. Time Limits The time limits tion of all of works shall be for the comple- the required as follows: (a) Stage I - 3 years; (b) Stage II - 4 years; (c) Stage III - 5 years, such time limits to be computed from the date of execution of this Second Amending Agreement by the Town. - 3 - (a) The Owner agrees to convey to the Town, for the nominal consideration of One Dollar ($1.00), within thirty days of the Owner obtaining the engineering approval from the Region and the Town to the commencement of construction of Stage I, the lands set out as Parts 1-9, inclusive, on a plan of survey of part of Lots 19-23, inclusive, Plan M-1040, Pickering, prepared by B. K. Edwards, Ontario Land Surveyor, and dated March 21st, 1977, all of which shall be dedicated as a public road prior to the installation of the services referred to in subsection (b). (b) The Owner agrees to construct a road and other services on the lands referred to in subsection (a), at its expense, as if those lands had been de.'Acated as a public road- way on the original plan of subdivision. The Town acknowledges that in order to attract and accommodate industrial users, it may be necessary to realign and/or close up parts of the Subdivision streets and to lift one foot reserves and to this end the Town agrees, subject to the approval of the Regional Municipality of Durham where direct access to Bayly Street may be required, to reconvey to the Owner for the nominal sum of One Dollar ($1.00) plus its legal costs, such portion or portions of the said streets and/or one foot reserves as may be re- quired for this purpose, provided that at the time of such request by the Owner, it is the owner of lands on both sides of that portion of the street to be so reconveyed and/or the owner adjacent to the one foot reserve, as the case may be. IN WITNESS WHEREOF the said parties have hereto affixed their corporate seals attested to by the hands of their pro- per officers in that behalf fully authorized. SIMON-HENRY KAPTYN ESTATES LIMITED per: . per: THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk t+rory cn F° wC) r (D nnxo W W ro y f,. Oox 0 :3 ft rOt a W H- H O C7 H•aLq O R+ N 0 z 1 x t+] z K h i c z m H H t1i W r H H y t+7 d a a H x t-i n O 4 0O ro?y H H 7q zz z0 z P-' Q H x t9 H O z e H t?] d