HomeMy WebLinkAboutBy-law 4231/93 THE CORPORATION OF THE TOWN OF PICKERINO
BY-LAW NO. 4231/93
Being a by-law to authorize the execution of Subdivision
Agreement Amending Agreements respecting the
development of Lots 42, 43, 44, 45 and 46 (Yorkwood
Investments Limited) and Lots 47, 48, 49, 50 and 54
(Fairport Developments Inc.) (18T-88035).
WHEREAS, the proposal to subdivide and register a plan of subdivision of those lands now known, as
Plan 40M-1692, Pickering, was approved by the Council of The Corporation of the Town of Pickenng
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 June 24, 1991 with Fairport Developments Inc. pursuant to the provisions
of the Planning Act, R.S.O. 1990, chapter P. 13, section 51(6), which Agreement requires amendment
respecting the C.N.R. setback limitations imposed on the development of Lots 42 to 50 and Lot 54, Plan
40M- 1692, Picketing;
NOW THEREFORE, the Council of The Corporation of the Town of Picker'mg 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 Fairpo~t Developments Inc., respect'rog the development of Lots 47, 48, 49, 50 and 54, Plan
40M-1692, Picketing.
2. The Mayor and Clerk are hereby authorized to execute a Subdivision Agreement Amendment,
in the form attached hereto as Schedule B, between The Corporation of the Town of Pickering
and Yorkwood Investments Limited, respecting the development of Lots 42, 43, 44, 45 and 46,
Plan 40M- 1692, Picketing.
BY-LAW read a first, second and third time and finally passed this 7th day of June, 1993.
Wayne ~xtfi~ ~f, May o~
~mce Taylor, Clerk
SCHEDULE A
THIS SUBDMSION AGREEMENT AMENDING AGREEMENT made lune 7, 1993,
BETWEEN:
FAIRPORT DEVELOPMENTS INC..
herein called the "Owner",
OF THE FIRST PART,
THE CORPORATION OF THE TOWN OF PICKERING
herein called the "Town",
OF THE SECOND PART.
WHEREAS the Owner entered into a Subdivision Agreement with the Town dated June 24, 1991,
Notice of which was registered April 7, 1992, as Instrument No. LT588945, respecting the subdivision
of those lands included in Region of Durham Draft Plan Number 18T-88035; and
WHEREAS that Draft Plan was registered on March 6, 1992, as Plan 40M-1692, Pickering; and
WHEREAS it is necessary to amend that Subdivision Agreement in order to revise the setback
limitations imposed therein upon the development of Lots 47 to 50, both inclusive and Lot 54, Plan
40M- 1692, 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 Agreement (herein called the "Lands") are Lots 47 to 50, both
inclusive and Lot 54, Plan 40M-1692, Picketing.
2. In this Agreement, "Subdivision Agreement" means the Subdivision Agreement between the
Owner herein and the Town, dated June 24, 1991, Notice of which was registered April 7, 1992,
as Instrument No. LT588945.
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 and consents to the
registration by the Town of this Agreement on the tide thereto.
(2) This Agreement shall not operate to amend the Subdivision Agreement until this
Agreement is registered on title to the Lands.
5. Section 6 of Schedule A to the Subdivision Agreement is hereby deleted and the following
substituted for it:
C.N~R. SETBACK - LOTS 42 TO $0 AND LOT54
Despite the provisions of any restricted area or zoning by-law, enacted pursuant to the
Planning Act, R.S.O. 1990, chapter P.13, as amended from time to time, or any
predecessor thereof or successor thereto, that may permit otherwise, the Owner shall
not construct any habitable portion ora dwelling (i.e. excluding any attached garage of
masonry construction) on any of Lots 42 to $0, both inclusive, or on Lot $4, unless all of
the habitable portion of the dwelling is located at least 28 metres, measured
perpendicularly,from the south boundary of Block 56.
IN WITNESS WHEREOF, the parties hereto have hereunto affixed their corporate seals, attested by the
hands of their authorized officers.
SIGNED, SEALED AND DELIVERED
FAIRPORT DEVELOPMENTS INC.
Phillip Rubinoff, Director
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Brace Taylor, Clerk
SDA96
2
SCHEDULE B
THIS SUBDMSION AGREEMENT AMENDING AGREEMENT made June 7, 1993,
BETWEEN:
YORKWOOD INVESTMENTS LIMITED
herein called the "Owner",
OF THE FIRST PART,
THE CORPORATION OF THE TOWN OF PICKERING
herein called the "Town",
OF THE SECOND PART.
WHEREAS Faiapon Developments Inc., the predecessor in title to the Owner herein, entered into a
Subdivision Agreement with the Town dated June 24, 1991, Notice of which was registered April 7,
1992, as Instrument No. LT588945, respecting the subdivision of those lands included in Region of
Durham Draft Plan Number 18T-88035; and
WHEREAS that Draft Plan was registered on March 6, 1992, as Plan 40M-1692, Pickering; and
WHEREAS it is necessary to amend that Subdivision Agreement in order to revise the setback
limitations hnposed therein upon the development of Lots 42 to 46, both inclusive, Plan 40M-1692,
Picketing;
NOW THEREFORE TI-I/S AGREEMENT WffNESSETH 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 (herein called the "Lands") are Lots 42 to 46, both
inclusive, Plan 40M-1692, Picketing.
2. In this Agreement, "Subdivision Agreement" means the Subdivision Agreement between the
Owner herein and the Town, dated June 24, 1991, Notice of which was registered April 7, 1992,
as Instrument No. LT588945.
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. (1) The Owner warrants that it is the registered owner of the Lands and 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. Section 6 of Schedule A to the Subdivision Agreement is hereby deleted and the following
substituted for it:
C.NIt. SETBACK - LOTS ,i2 TO $0 AND LOT $4
Despite the provisions of any restricted area or zoning by-law, enacted pursuant to the
Planning Act, R.S.O. 1990, chapter P.13, as amended from time to time, or any
predecessor thereof or successor thereto, that may permit otherwise, the Owner shall
not construct any habitable portion of a dwelling (i.e. excluding any attached garage of
masonry construction) on any of Lots 42 to 50, both inclusive, or on Lot 54, unless all of
the habitable portion of the dwelling is located at least 28 metres, measured
perpendicularly,from the south boundary of Block 56.
IN WITNESS WHEREOF, the parties hereto have hereunto affixed their corporate seals, attested by the
hands of their authorized officers.
SIGNED, SEALED AND DELIVERED
YORKWOOD INVESTMENTS LIMITED
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Atthursl Mayor
Brace Taylor, Clerk
SDA97
2