HomeMy WebLinkAboutBy-law 4197/93 THE CORPORATION OF THE TOWN OF PICKERLNG
BY-LAW NO. 4197/93
Being a by-law to authorize the execution of a
SubdiviMon Amending Agreement respecting the
development of Block 8, Plan 40M-1712, Pickering (A.
Maclnni$ Construction Co. Limited, Edward R. Maclnni$
Construction Limited, Kenneth Arnold Wilson and
Russell George Wilson; 18T-89034).
WHEREAS, the proposal to subdivide and register a plan of subdivision of those lands now known as
Plan 40M~1712, Picketing, was approved by the Council of The Corporation of the Town of Pickering
and the Regional Municipality of Durham; and
WHEREAS, in furtherance thereof, The Corporation of the Town of Picketing has entered into a
Subdivision Agreement dated August 4, 1992 with A. Maclnnis Construction Co. Limited, Edward R.
MacIrmis Construction Limited, Kenneth Arnold Wilson and Russell George Wilson pursuant to the
provisions of the Planning Act, R.S.O. 1990, chapter P. 13, section 51(6), which Agreement requires
m~aendment in order to permit the development of Block 8, Plan 40M-1712, Picketing;
NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS
FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute a Subdivision Agreement Amendment,
in the form attached hereto as Schedule A, between The Corporation of the Town of Picketing
and A. MacInnis Construction Co. Limited, Edward R. MacInnis Construction Lhnited,
Kenneth Arnold Wilson and Russell George Wilson, respecting the developruent of Block 8,
Plan 40M- 1712, Picketing.
BY-LAW read a first, second and third time and finally passed this 5th day of April 1993.
l~7~y h~"~PTa't h ~ff~s, Mayor
Bruce Taylor, Clerk
TOWN OF
PICKERING
APPROVED
AS TO FOR~¥~
THIS SUBDIVISION AGREEMENT AMENDING AGREEMENT made March 22, 1993,
BETWEEN:
A. MACINNIS CONSTRUCTION CO. LIMITED,
EDWARD R. MACINNIS CONSTRUCTION LIMITED,
KENNETH ARNOLD WILSON and RUSSELL GEORGE WILSON.
herein collectively called the "Owner",
OF THE F/RST PART,
THE CORPORATION OF THE TOWN OF PICKERING
herein called the "Town",
OF THE SECOND PART.
WHEREAS 557351 Ontario Limited, 557351 Ontario Limited carrying on business as Meadowcliffe
Homes, and the companies and individuals comprising the Owner herein entered into a Subdivision
Agreement with the Town dated August 4, 1992, Notice of which was registered 3anuary 12, 1993, as
Instrument No. LT627779, respecting the subdivision Block 50, Plan 40M-1446, Picketing, included in
Region of Durham Draft Plan Number 18T-89034; and
WHEREAS that Draft Plan was registered on December 23, 1992, as Plan 40M-1712, Picketing; and
'~qqEREAS it is necessary to amend that Subdivision Agreement in order to provide for the
development of Block 8, Plan 40M-1712, Picketing;
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 Agreemem (herein called the "Lands") are Block 8, Plan 40M-1712,
Picketing.
2. In this Agreement, "Subdivision Agreement" means the Subdivision Agreement between 557351
Ontario Lhnited, 557351 Ontario Limited carrying on business as Meadowcliffe Homes, the
companies and individuals comprising the Owner herein, and the Town, dated August 4, 1992,
Notice of which was registered January 12, 1993, as Instrmnent No. LT627779.
3. The Owner and the Town are bound by the terms and conditions of the Subdivision Agreement
as amended hereby, and by the terms and conditions of this Agreement, and shall continue to be
bound by them.
4. (I) The Owner warrants that it is the registered owner of the Lands nnd consents to .the
registration by the Town of this Agreement on the title thereto.
(2) This Agreement shall not operate to amend the Subdivision Agreement until this
Agreement is registered on title to the Lands.
5, (1) Section 3 of Schedule D to the Subdivision Agreemem is hereby amended by deleting
from the heading thereto and from the first line of subsection (1) thereof the phrase
"Blocks 8 and 9" and substituting the phrase "Block 9" in each case.
(2) Subsection (2) of section 3 of Schedule D to the Subdivision Agreement is hereby
deleted and the following substituted for it:
(2) Until such time as Block 9 is developed in accordance herewith, the Owner
shall maintain it in a clean and orderly condition to the satisfaction of the Town.
IN WITNESs WH£REOP, the corporate parties hereto have hereunto affixed their corporate seals,
attested by the hands of their authorized officers, and the individual parties hereto have hereunto afftxed
their hands and seals.
SIGNED, SEALED AND DELIVERED
A. MACINNIS CONSTRUCTION CO. LIMITED
Alfred Maclnnis, President
EDWARD R. MACINNIS CONSTRUCTION LIMITED
Edward R. Maclnnis, President
In the presence of
(Seal)
Kenneth Arnold Wilson
(Seal)
Russell George Wilson
THE CORPORATION OF THE TOWN OF PICKERLNG
Wayne Arthurs, Mayor
Brace Taylor, Clerk
2
ENCUMBRANCER - CANADIAN IMPERIAL BANK OF COMMERCE
The Encumbrancer hereby postpones any rights or interests which it has in the Lands with the intent that
this Agreement shall take effect as though executed and registered prior to the creation of any such right
or interest and prior to the execution and registration of any mortgage, agreement or other document
creating or defining any such right or interest;
And the Encumbrancer hereby covenants and agrees with the Town that this Agreement and any
conveyance, easement or other document given pursuant to this Agreement, shall have priority over the
rights of the Encumbrancer in the Lands with the intent that the Encumbrancer or anyone claiming
ureter it shall at no time exercise in relation to the Lands any right, title or claim which could not be
exerc~ed by the Owner by reason of the terms of this Agreement.
Dated at , this day of ,1993.
SIGNED, SEALED AND DELIVERED
CANADIAN IMPERIAL BANK OF COMMERCE