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HomeMy WebLinkAboutBy-law 5130/97REPEALED BY , REPEALS AMENDED BY , AMENDS DISPOSITION THE CORPORATION. ........ OF THE TOWN OF PICKERJN(i BY-LAW_ 5130/97 Being a by-law to authorize the execution of an Agreement to amend the Subdivision Agreement respecting the development of Lots I to 8, inclusive and Bloc£~' 9 to inclusive, Plan 40M-1861, Pickering (Maxcon Developments Ltd.). WHEREAS, pursuant to section 51 of the Planning Act, R.S.O. 1990, chapter P.13, The Corporation of the Town of Picketing entered into a Subdivision Agreement dated July 12, 1996 with Maxcon Developments Ltd. (Notice of which was registered February 14, 1997, as Instrument LT790716) respecting what is now Plan 40M-1861, Picketing, which Agreement requires amendment to provide for the development of three additional dwelling units on the lands; NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. '['he Mayor and Clerk are hereby authorized to execute a Subdivision Agreement Amending Agreement, in the form attached hereto as Schedule A, amending the Subdivision Agreement dated July 12~ 1996, between Maxcon Developments Ltd. and The Corporation of the Town of Pickering (Notice of which was registered February 14, 1997 as Instrument LT790716), respecting the development of three 'additional dwelling units on the lands. BY-LAW read a first, second and third time and finally passed this 14th day of October, 1997. Wayne Arthurs, Mayor T0¥,/74 Ol=' ~.~ion 51(6) ofth~ Planningdct, R.S.O, 1990, ohapt~r P. 13, ' BETWEEN: MAXCON DEVELOPMENTS LT.D. herein called the "Owner" OF THE FIRST PART, THE CORPORATION OF THE TOWN OF PICKERING herein called the "Town" OF THE SECOND PART. WHEREAS, pursuant to section 51 of the PianningAct, R.S.O. 1990, chapter P. 13, the Owner and the Towu entered into a Subdivision Agreement dated July 12, 1996, Notice of which was registered in the Land Registry Office of the Land Titles Division of Durham (No. 40) on February 14, 1997 as Instrument Number LT790716, respecting the proposed subdivision of part of Lots 27 and 28, Plan 329, Picketing, now designated as Plan Number 40M- 1861; and AND WHEREAS section 3 of Schedule D that Agreement required that certain Blocks be reserved for future development in conjunction with certain lands; AND WHEREAS the Owner applied to The Corporation of the Town of Picketing to rezone the lands being Lots l, 2, 7 and 8, Plan 40M-1S61 to permit the development of 4 multiple dwellings, horizontal units and 4 semi-detached dwelling units; AND WHEREAS the Owner appealed Picketing Council's refusal to approve the proposed amendment to zoning By-law 3036 to the Ontario Municipal Board: AND WHEREAS the Ontario Municipal Board in its oral decision September 9, 1997, ruled that the development in which the subject lands are located can support a total of 28 units; AND WHEREAS as a result of the ruling of the Ontario Municipal Board, the parties herein entered into Minutes of Settlement on September 9, 1997, pursuant to Ontario Municipal Board File No. Z960140; AND WHEREAS the Parties wish to amend the Subdivision Agreement in order to reflect some matters set out in the said Minutes of Settlement, amongst other matters; NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT, in consideration of the sum of $2.00 now paid by each Party to the other, receipt of which by each is hereby acknowledged, the Parties hereto covenant and agree one with the other as follows: 1. The lands affected by this Agreement (the "Lands") are Lots 1 to 8, inclusive and Blocks 9 to 15, Plan 40M- I 861, Picketing. 2. In this Agreement, the t~rm "Subdivision Agreement" means the agreement dated July 12, 1996, between the Owner and the Town, Notice of which was registered in the Land Titles Office of the Land Registry Division of Durham (No. 40) on February 14, 1997 as Instrument Number LT790716. 3. The Owner and the Town ar~ bound by, (a) the terms and conditions of the SubdiTision Agreement as amended by the terms and conditions of this Agreement, and ::~ , (tO the terms and conditions of this Agreement, !) e II b~ of th f this Agr~ment. (2) This Agreement and everything herein contained shall enure to ~e ~-nefit of ~d ~ binding u~n the Panics hereto, their su~es~rs ~d ~si~s. (3) Secti~ of this Ag~ement shall not ~kc effect until this Ag~ement is registe~d by the Town in ~e L~d Regis~ Office of the Land Titles Division of Durh~ (No. 40), 5. Section 1(!) and (2) of Schedule D to the Subdivision Agreement is hereby deleted and the following substituted for it: l. EX°ECTED NUMBERS OF DWELLINGS (1) This agreement has been entered into in the expectation that 28 dwelling units are to be constructed on the lands, as follows: (a) 4 townhouse units on Lots I and 2, Plan 40M-1861. (b) 22 semi-detached dwellings - two each on Lots 3, 4, 5, 6, Plan 40M-1861 and two each on the lots that will incorporate Blocks 10, I 1, 12, 13 and 15 and two on the lands forming that part of Block 9, set out as Parts 8 and 9, Plan 40R-17394 and two on the lands composed of Lot 8 together with that pan of Block 9, set out as Part 7, Plan 40R- 17394. (c) 2 single dwellings - one on Lot 7 and one on the lot that will incorporate Block 14, Plan 40M- 1861. (2) if more or less than 28 dwelling units are to be constructed in this project, the Town at its sole discretion may require the Owner to obtain new approvals and authorizations under this Agreement and may prohibit any development until the new approvals and authorizations are obtained. 6. Section 2(1) and (2) of Schedule D to the Subdivision Agreement is hereby deleted and the following substituted for it: 2. RESERVED FUTURE DEVELOPMENT BLOCKS - BLOCKS 10, 11, 12, 13, 14 AND 15, PLAN 40M- 1861 (l) Blocks 10, II, 12, 13, 14 and 15. Plan 40M-1861, shall be reserved for future residential development; such development shall not commence without prior written approval of the Town which may be subject to conditions. (2) Unit such time as Blocks 10, 1 l~ 12, 13, 14 and 15, Plan 40M-1861, are developed in accordance herewith, ;.he Owner shall maintain them in a clean and orderly condition to the satisfaction of the Town. 7. Section 3(1) and (2) of Schedule D to the Subdivision Agreement is hereby deleted and the following substituted for it: 3. RELEASED FUTURE DEVELOPMENT RLOCKS- BLOCKS 10, 11, 12, 13, 14 and 15, PLAN 40M- 1861 (i) Once the reserved Blocks set out in Column I of the following table have been released for development (subject to any conditions as the Town may deem appropriate), then the), shall be developed by the Owner only in conjunction with the lands described in Column I! thereof, to provide the number of units set out in Column IIi thereof. Item Column I Column Il Column Ill 1 Block 9 Intentionally Deleted 2 Block 10 Part Block 13, 40M-1719 2 (Part I, 40R-16199) _- · PartBIock 14, 40M-1719 (part !, 40R-17298) 3 Block II Parl Block 14, 40M-1719 2 (P~ 2, 40R- ! 7298) Part Block 15, 40M-1719 (Part 4, 40R- I 6 i 99) Part Block 43, 40M-1700 (Part 6, 40R-16199) 4 Block 12 Part Block 15, 40M-1719 2 (Parts 5 & 8, 40R-16199) Part Block 43, 40M-1700 (Part 7, 40R-16199) Block 12 Part Block 44, 40M-1700 (Part 9, 40R-16199) A triangular parcel of land abutting Block 12 to the north, namely Part 2, 40R-16198. 5 Block 13 Abutting lands to the north 2 6 Block 14 Abutting lands to the north I 7 Block 15 Abutting lands to the north 2 (2) The development of the lands described in Item 2 of the Table in subsection (1) shall be governed by the provisions of this Subdivision Agreement. 8. Prior to the registration of this agreement the Owner herein agrees to pay the amounts set out below, which fees are applicable as a result of the additional units being constructed within Plan 40M-1861: (a) $105.00 Engineering Inspection Fee; and (b) $172.71 Woodview Avenue/Canadian National Railway grade crossing control contribution. 9. Prior to the registration of this agreement, the Owner agrees to provide an amendment to tile original letter of credit (#1SLC1096/80002) provided pursuant to the Subdivision Agreement dated July 12, 1996 between Maxcon Developments Ltd. and the Town to include reference to this amending agreement such that the letter of' credit will be applied as security for the works required under this agreement. IN WITNESS WHEREOF the Parties hereto have hereunto affixed their respective Corporate Seals attested to by the hands of their authorized officers. SIGNED, SEALED AND DELIVERED MAXCON DEVELOPMENTS LTD. Rick D'Andrea, President THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk