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PD 48-04
PICKERING REPORT TO EXECUTIVE COMMITTEE Report Number: PD 48-04 Date: December 21, 2004 Neil Carroll Director, Planning & Development Subject: Bramalea Limited - Plan of Subdivision 40M-1347 Bramalea Limited - Plan of Subdivision 40M-1472 Bramalea Limited - Plan of Subdivision 40M-1473 Bramalea Limited - Plan of Subdivision 40M-1571 Final Assumption of Plans of Subdivision Recommendation: By-laws should be enacted to: dedicate Block 114, Plan 40M-1473 as public highway; assume roads and services within Plans 40M-1347, 40M-1472, 40M-1473 (save and except Block 113) and 40M-1571 (save and except Blocks 155, 160, 161, 162 and 163); amend By-law 1416/82 (Places of Amusement) to include the roads within Plans 40M-1347, 40M-1472, 40M-1473, and 40M-1571; and authorize the release and removal of the Subdivision Agreements from title relating to Plans 40M-1347, 40M-1472, 40M-1473, and 40M-1571. Executive Summary: The City entered into Subdivision Agreements with the above-noted developers for the development of Plans 40M-1347, 40M-1472, 40M-1473 and 40M-1571. As the developers have now completed all works and services within these Plans to the satisfaction of City staff, it is now appropriate to assume the M-Plans under the jurisdiction of the City and release the developers from the provisions of the respective Subdivision Agreements. Report PD 48-04 Subject: Final Assumption of Plans of Subdivision 40M-1347, 40M-1472, 40M-1473 and 40M-1571 Date: December 21, 2004 Page 2 Financial Implications: There are no new financial implications to the City as a result of this recommendation. Background: The City entered into Subdivision Agreements with the above-noted developers for the development of Plans 40M-1347, 40M-1472, 40M-1473 and 40M-1571. As the developers have now completed all works and services within these Plans to the satisfaction of City staff, it is now appropriate to assume the M-Plans under the jurisdiction of the City and release the developers from the provisions of the respective Subdivision Agreements. The assumption of Plans 40M-1347, 40M-1472, 40M-1473 and 40M-1571 and the release of the Subdivision Agreements must be acknowledged by the enactment of various By-laws assuming the roads and services within the Plans, amending By-law 1416/82 relating to Places of Amusement, and authorizing the release and removal of the Subdivision Agreements from title. It should be noted that the road fronting the lots within Plan 40M-1347 (Feldspar Court) does not lie within Plan 40M-1347. It has been named and dedicated as public highway by By-laws 1773/84 and 1774/84 respectively and is therefore already considered assumed under the jurisdiction of the City of Pickering. Accordingly, it is recommended that the following By-laws be enacted to: dedicate Block 114, Plan 40M-1473 as public highway; assume roads and/or services within Plans 40M-1347, 40M-1472, 40M-1473 (save and except Block 113) and 40M-1571 (save and except Blocks 155, 160, 161,162 and 163); amend By-law 1416/82 (Places of Amusement) to include the roads within Plans 40M-1472, 40M-1473 and 40M-1571; and authorize the release and removal of the Subdivision Agreements from title relating to Plans 40M-1347, 40M-1472, 40M-1473 and 40M-1571. Attachments: 2. 3. 4. 5. 6. Location Map - Plan 40M-1347 Location Map - Plan 40M-1472 Location Map - Plan 40M-1473 Location Map - Plan 40M-1571 By-law to dedicate Block 114, Plan 40M-1473 as public highway By-law to assume roads and/or services within Plans 40M-1347, 40M-1472, 40M-1473 (save and except 113) and 40M-1571 (save and except Blocks 155, 160, 161, 162 and 163) Report PD 48-04 Subject: Final Assumption of Plans of Subdivision 40M-1347, 40M-1472, 40M-1473 and 40M-1571 Date: December 21, 2004 Page 3 8. 9. 10. 11. By-law to amend By-law 1416/82 (Places of Amusement) to include the roads within Plans 40M~1472, 40M-1473 and 40M-1571 By-law to authorize the release and removal of the Subdivision Agreement from title relating to Plan 40M-1347 By-law to authorize the release and removal of the Subdivision Agreement from title relating to Plan 40M-1472 By-law to authorize the release and removal of the Subdivision Agreement from title relating to Plan 40M-1473 By-law to authorize the release and removal of the Subdivision Agreement from title relating to Plan 40M-1571 Prepared By: Denise Bye, Coordinator Property & Development Services DB:vd Attachments Copy: Chief Administrative Officer (Acting) Chief Administrative Officer Approved / Endorsed By: Nei ~tetld, RPP Director, Planning & Development Recommend~consider~t~n of Pickering~ Thomas J~ef Administrative Officer Recommendation approved: Chief Administrative Officer Director, Operations & Emergency Services Director, Planning & Development Director, Corporate Services & Treasurer City Clerk ~I'TAC~i I TO , 0 z rr -- _J © © ~..., CLEMENTS ROAD © ~FELDSPAR COURT SUB, IECT SUBDI (I$10N x, ~ McPHERS'ON COURT © City of Pickering Planning & Development Department PROPERTY DESCRIPTION PLAN 40M-1347 OWNER VARIOUS DATE OCT. 22, 2004 DRAWN BY JB FILE No. SUBDIVISION COMPLETION AND ASSUMPTION SCALE 1:5000 CHECKED BY DB FOR DEPARTMENT USE ONLY PN-4 PA- ATTACHMENT#, , C~ ~)L/ REPOR] ~ PD ~ AVENUE SQUARE IPIS AMBERLEA ROAD ERAMOSA CRESCENT COURT SUBJECT SUBDIVISION ~INGVIEW ESCENT CRESCENT ROAD ARCADIA SQUARE NEW OD COURT City of Pickering Planning & Development Department PROPEHrY DESCRIPTION PLAN 40M-1472 OWNER VARIOUS DATE OCT. 28, 2004 FILE No. SUBDIVISION COMPLETION AND ASSUMPTION SCALE 1:5000 FOR DEPARTMENT USE ONLY PN-11 PA- DRAWN BY JB CHECKED BY DB A'rTAcHUE~T ~-.~TO COGNAC COUR1 SQUARE FINCH NIPISSING AVENUE DSMERE --SCENT L I£ DEERHAVEN AMBERLEA I__ DF SAUGEEN SPRINOVIEW CHARNWOOD C( ROAD ERAMOSA CRESCENT CRESCENT ROAD ARCADIA COURT City of Pickering Planning & Development Department PROPERTY DESCRIPTION PLAN 40M-1473 OWNER VARIOUS DATE OCT. 22, 2004 FILE No. SUBDIVISION COMPLETION AND ASSUMPTION I DRAWN BY JB SCALE 1:5000 CHECKED BY DB FOR DEPARTMENT USE ONLY PN-10 PA- COURT OKLAHOMA I ABINGDON COURT STONEB LAYTON CRT. LANE DOWNLAND ENGEL PETFICOAT City of Picketing Planning & Development Department PROPERTY DESCRIPTION PLAN 40M-1571 / IDATE OCT. 22, 2004 I DRAWN BY JB I SCALE 1:5000 I CHECKED BY DB OWNER VARIOUS FILE No. SUBDIVISION COMPLETION AND ASSUMPTION FOR DEPARTMENT USE ONLY PN-2 PA- THE CORPORATION OF THE CITY Of PICKERING BY-LAW NO. Being a By-law to dedicate Block 114, Plan 40M-1473, Pickering as public highway. WHEREAS The Corporation of the City of Pickering is the owner of Block 114, Plan 40M-1473, Pickering and wishes to dedicate it as pUblic highway; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Block 114, Plan 40M-1473, Pickering is hereby dedicated as public highway (Rosebank Road). BY-LAW read a first, second and third time and finally passed this 17th day of January, 2005. David Ryan, Mayor Bruce Taylor, Clerk BY-LAW NO. Being a By-law to assume the roads within Plans 40M-1472, 40M-1473 and 40M-1571 for public use as public highways and to assume the services within Plans 40M-1347, 40M-1472, 40M-1473 and 40M-1571 under the jurisdiction of the City of Pickering. WHEREAS above ground and underground services required for the development of the above-noted Plans have been completed to the City's satisfaction; and WHEREAS the City of Pickering has jurisdiction over the roads shown on Plans 40M-1472, 40M-1473 and 40M-1571; and WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, sections 30 and 31, a highway is owned by the municipality having jurisdiction over it and a municipality may by By-law assume highways owned by it for public use; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: ¸1. The above ground services required by the Subdivision Agreements relating hereto, or any amendments thereto, which are to be constructed or installed in the development of the above-noted Plans or which are located on lands that are dedicated to or owned by the City within Plans 40M-1347, 40M-1472, 40M-1473 (save and except Block 113) and 40M-1571 (save and except Blocks 155, 160, 161, 162 and 163), or on lands lying immediately adjacent thereto are hereby accepted and assumed for maintenance under the jurisdiction of The Corporation of the City of Pickering The underground services that are required to be constructed or installed in the development of the above-noted Plans including the storm drainage system and related appurtenances, located on lands that are dedicated to or owned by the City in Plans 40M-1347, 40M-1472, 40M-1473 (save and except Block 113) and 40M-1571 (save and except Blocks 155, 160, 161,162 and 163), or lands lying immediately adjacent thereto, are hereby accepted and assumed for maintenance under the jurisdiction of The Corporation of the City of Pickering. In sections 1 and 2, the phrase "lands that are...owned by the City" includes lands that are subject to an easement transferred to the City, but only with respect to the specific service or services referred to in the easement transfer document. The following highways are hereby assumed for public use as public highways under the jurisdiction of The Corporation of the City of Piokering: · Amberlea Road, Boyne Court, Eramosa Crescent and Saugeen Drive, Plan 40M-1472; · Amberlea Road, Montclair Lane, Napanee Road, Otonabee Drive, Saugeen Drive and Sturgeon Court, Plan 40M-1473; and · Atwood Crescent, Gallant Court, Layton Court, Callahan Street and Engel Court, Plan 40M-1571, BY-LAW read a first, second and third time and finally passed this 17th day of January, 2005. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to amend By-law 1416/82 providing for the regulation and licensing of places of amusement. WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, section 150(1), the Council of The Corporation of the City of Pickering enacted By-law 1416/82 providing for the regulation and licensing of places of amusement; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: 1. Schedule A to By-law 1416/82, as amended, is hereby further amended by adding thereto the following: (a) (b) (c) Amberlea Road, Boyne Court, Eramosa Crescent and Saugeen Drive, Plan 40M-1472; and Amberlea Road, Montclair Lane, Napanee Road, Otonabee Drive, Saugeen Drive and Sturgeon Court, Plan 40M-1473; and Atwood Crescent, Gallant Court, Layton Court, Callahan Street and Engel Court, Plan 40M-1571, all in the City of Pickering, Regional Municipality of Durham. BY-LAW read a first, second and third time and finally passed this 17th day of January, 2005. David Ryan, Mayor Bruce Taylor, Clerk ATTACHMENT THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1347, Pickering, from title. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and Bramalea Limited entered into a Subdivision Agreement dated March 4, 1985, Notice of which was registered as Instrument No. LT231960, respecting the development of Plan 40M-1347, Pickering; and WHEREAS the terms and conditions of the Subdivision Agreement has been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk hereby authorize the release and removal of the Subdivision Agreement from title dated March 4, 1985, Notice of which was registered as Instrument No. LT231960 between Bramalea Limited and The Corporation of the City of Pickering, respecting the development of Plan 40M-1347, Picketing. BY-LAW read a first, second and third time and finally passed this 17th day of January, 2005. David Ryan, Mayor Bruce Taylor, Clerk ~,~ ;TAOHMEi',IT #--~T0 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1472, Pickering, from title. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and Bramalea Limited entered into a Subdivision Agreement dated February 2, 1987, Notice of which was registered as Instrument No. LT335602, respecting the development of Plan 40M-1472, Pickering; and WHEREAS the terms and conditions of the Subdivision Agreement has been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk hereby authorize the release and removal of the Subdivision Agreement from title dated February 2, 1987, Notice of which was registered as Instrument No. LT335602 between Bramalea Limited and The Corporation of the City of Pickering, respecting the development of Plan 40M-1472, Pickering. BY-LAW read a first, second and third time and finally passed this 17th day of January, 2005. David Ryan, Mayor Bruce Taylor, Clerk ~ ~TACHMENT #-...~..._T0. THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to authorize the release and removal from title of the Agreements relating to the development of Plan 40M-1473, Pickering and those parts of Lot 30, Concession 1, Pickering, being Parts 1, 2, 3, 4, 5, and 8, Plan 40R-11443. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and Bramalea Limited entered into a Subdivision Agreement dated February 2, 1987, Notice of which was registered as Instrument No. LT335613, respecting the development of Plan 40M-1473, Pickering; and WHEREAS on August 2, 1988 the City of Pickering and Bramalea Limited entered into a secondary Subdivision Agreement to deal with the development of Blocks 106 and 107 within Plan 40M-1473, in conjunction with those parts of Lot 30, Concession 1, Pickering, designated as Parts 1, 2, 3, and 8, Plan 40R-11443. That Agreement was registered as Instrument Nos. LT427556 and D300976; and WHEREAS on August 2, 1988, Subdivision Agreement registered as Instrument No. LT335613 was amended to deal with the development of Blocks 111 and 112, Plan 40M-1473 in conjunction with those parts of Lot 30, Concession 1, Pickering, designated as Pads 4 and 5, Plan 40R-11443. That Agreement was registered as Instrument Nos. LT427565 and D300977; and WHEREAS on June 25, 1990, Subdivision Agreement registered as Instrument No. LT335613 was further amended to remove Block 113 from it and provide for the development of Block 113 with Plan 40M-1651. That Agreement was registered as Instrument LT516066; and WHEREAS the terms and conditions of the original and secondary Subdivision Agreement and the amendments thereto have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk hereby authorize the release and removal of: (a). Subdivision Agreement, Notice of which was registered as Instrument No. LT335613; (b) Subdivision Agreement, Notice of which was registered as Instrument Nos. LT427556 and D300976; (c) Amending Subdivision Agreement, Notice of which was registered as Instrument No. as Instrument Nos. LT427565 and D300977; and (d) Amending Subdivision Agreement, Notice of which was registered as Instrument LT516066, each between The Corporation of the City of Pickering and Bramalea Limited, respecting the development of Plan 40M-1473 and adjacent lands. BY-LAW read a first, second and third time and finally passed this 17th day of January, 2005. David Ryan, Mayor Bruce Taylor, Clerk BY-LAW NO. Being a By-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1571, Pickering, from title. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and Bramalea Limited entered into a Subdivision Agreement dated April 18, 1988, Notice of which was registered as Instrument No. LT426682, respecting the development of Plan 40M-1571, Pickering; and WHEREAS the terms and conditions of the Subdivision Agreement has been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk hereby authorize the release and removal of the Subdivision Agreement from title dated April 18, 1988, Notice of which was registered as Instrument No. LT426682 between Bramalea Limited and The Corporation of the City of Pickering, respecting the development of Plan 40M-1571, Pickering. BY-LAW read a first, second and third time and finally passed this 17th day of January, 2005. David Ryan, Mayor Bruce Taylor, Clerk