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Home My WebLink AboutBy-law 3122/89 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3122/89 Being a by-law to authorize the execution of a Development Agreement between Jorn Jorgensen Bach and Estella Margaret Bach and The Corpo- ration of the Town of Picketing respecting the development of Part Lot 30, Concession 1, Picker- ing (Parts 3, 4, 5 and 7, Plan 40R-i1970; A 40~87; LD 702/88). WHEREAS by decision dated November 7, 1988 the Regional Municipality of Durham Land Division Committee approved a severance of a building lot in Lot 30, Concession 1, Pickering, subject to several conditions, one of which requires that the Town be satisfied in certain respects with respect to the proposed development; and WHEREAS in order to effect that severance, the owner has applied for and obtained from the Town, pursuant to the provisions of the Planning Act, 1983, S.O. 1983, chapter 1, section 34, an amendmeni to Zoning By-law 3036, subject to conditions, one of which requires the Owner to enter into a Development Agreement with the Town; 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 Development Agreement in the form attached hereto as Schedule A, between Jorn Jorgensen Bach and Estella Margaret Bach and The Corporation of the Town o£ Picketing, respecting the development of Part Lot 30, Concession 1, Picketing (Parts 3, 4, 5 and 7/Plan 40R-11970; A 40/87; LD 720/88). BY-LAW read a first, second and third time and finally passed this 1st day of May, 1989. s, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3122/89 Being a by-law to authorize the execution of a Development Agreement between Jorn Jorgensen Bach and Estella Margaret Bach and The Corpo- ration of the Town of Pickering respecting the development of Part Lot 30, Concession 1, Picker- lng (Parts 3, 4, 5 and 7, Plan 40R-11970; A 40/87; LD 702/88). WHEREAS by decision dated November 7, 1988 the Regional Municipality of Durham Land Division Committee approved a severance of a building lot in Lot 30, Concession 1, Pickering, subject to several conditions, one of which requires that the Town be satisfied in certain respects with respect to the proposed development; and WHEREAS in order to effect that severance, the owner has applied for and obtained from the Town, pursuant to the provisions of the Planning Act, 1983, S.O. 1985, chapter l, section 34, an amendmenf to Zoning By-law 3036, subject to conditions, one of which requires the Owner to enter into a Development Agreement with the Town; 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 Development Agreement in the form attached hereto as Schedule A, between Jorn Jorgensen Bach and Estella Margaret Bach and The Corporation of the Town of Picketing, respecting the development of Part Lot 30, Concession 1, Picketing (Parts 3, 4, 5 and 7,'Plan 40R-11970; A 40/87; LD 720/88). BY-LAW read a first, second and third time and finally passed this 1st day of May, 1989. Wayne Ar}liurs, Mayor ~-~Br~ce Taylor, Clerk TOWN Schedule A THIS AGREEMENT made April 17, lq89. B ET ~ EE N : JORN JORGENSEN BACH and ESTELLA MARGARET BACH herein collectively called the ~Owner~ OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PICKERING herein called the "Town" OF THE SECOND PART. WHEREAS the Owner proposes to sever those parts of Lot 30, Concession 1, designat- ed as Parts 3, 4 and 5, Plan 40R-11970, in the Town of Picketing in the Regional Municipality of Durham, to create one building lot in accordance with the terms and conditions of the Regional Municipality of Durham Land Division Committee Decision LD 702/88, dated November 7, 1988; and WHEREAS, in order to effect that severance, the Owner has applied for and obtained from the Town an amendment to Zoning By-law 3036, subject to conditions, one of which requires the Owner to enter into this Agreement with the Town; 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 is acknowledged by each, and the covenants hereinafter expressed, the Parties hereto covenant and agree one with the other as follows: 1. LAND AFFECTED The lands affected by this Agreement (herein called the "Lands") are those parts of Lot 30, Concession 1, Pickering, now designated as Parts 3, 4, 5 and 7, Plan 40R-11970. 2. TRANSFER OF ROSEBANK ROAD WIDENING (1) On or before May 17, 1989, the Owner shall transfer to the Town, free and clear of all encumbrances and at no cost to the Town, that part of the Lands being Part 7, Plan 40R-11970. (2) From and after the date of that transfer to and until the Town dedicates the lands transferred as public highway, the Owner, his agents, ser- vants, employees and invitees shall have the right to cross and re-cross those lands for the purpose of pedestrian and vehicular access between Rosebank Road and that part of Lot 30, Concession 1, Pickering, des- ignated as Part 6, Plan 40R-11970. 3. APPLICATIONS FOR BUILDING PERMITS (1) Despite any rights he may otherwise have pursuant to the Building Code Act, R.S.O. 1980, c. 51, and the applicable restricted area zoning by-law in effect from time to time, the Owner shall not apply for any permit to construct any building on the Lands except in accordance with the follow- lng: (a) only one such permit shall be applied for; (b) only a permit to construct one single-family dwelling shall be applied for; (c) a permit application shall be proposed by the Owner and con- sidered for issuance by the Town as if the dwelling were to be located on a building lot comprising only that part of the Lands being Part 5, Plan 40R-11970; (d) no objection or appeal shall be made or taken to any refusal by the Town to issue a permit if the reason for such refusal resulted from the deeming of the building lot to be comprised only of Part 5, Plan 40R-11970. (2) This section shall cease to apply upon the registration of a transfer/deed of land severing Parts 3 and 4, Plan 40R-11970 from Part 5, Plan 40R-11970, so long as that transfer/deed conveys those parts to the registered owner of that part of Block 30, Plan 40M-1567, Picketing, designated as Part 2, Plan 40R-11970. 4. BLOCK 155, PLAN 40M-1473, PICKERING Upon application therefor by the Owner made after the registration of this Agreement and of the transfer/deed of land perfecting Durham Land Division Committee Decision LD 702/88, the Town shall dedicate Block 155, Plan 40M-1473, Picketing, as public highway. 5. UNIT LEVY FEES Prior to the registration of this Agreement, the Owner shall pay to the Town a unit levy in the amount of $4,000 for the dwelling unit to be constructed on Part 5, Plan 40R-11970. 6. GENERAL PROVISIONS - FINANCIAL MATTERS (a) Taxes To pay the taxes in full on all the Lands as required by law from time to time. (b) Interest To pay interest at the rate of 18% per annum to the Town on all sums of money payable herein which are not paid on the due dates calculated from such due dates. (c) Registration Fees To pay all registration costs incurred by the Town relating in any way to the registration of this Agreement or any other related document, includ- ing transfers, in the Land Registry Office. 7. INTERPRETATION Whenever in this Agreement the word "Owner", or the pronoun "it" is used, it shall be read and construed as "Owner or Owners", and "his", "her" or "them", respectively, and the number of the verb agreeing therewith shall be construed accordingly. 8. TIME Time shall be of the essence of this Agreement. 9. BINDING PARTIES This Agreement and everything herein contained shall enure to the benefit of and be binding upon the Parties hereto, their heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the individuals comprising the Owner (who are spouses of one another) have hereunto set their hands and seals and the Town has hereunto affixed its Corporate Seal duly attested by its proper officers in that behalf fully authorized. SIGNED, SEALED & DELIVERED In the presence of witness Jorn Jorgensen Bach witness Estella Margaret Bach THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk ENCUMBRANCER - THE MUNICIPAL TRUST COMPANY This Agreement shall have priority over and take precedence over all of The Munici- pal Trust Company's rights and interests, whether or not any such right or interest was established or arose prior to the date hereof and whether or not such right or interest is set out in or arises by virtue of any instrument or document registered on title to the Lands, or any part of them, prior to the registration of this Agreement. Dated at this day of , 1989. SIGNED, SEALED & DELIVERED THE MUNICIPAL TRUST COMPANY 3