HomeMy WebLinkAboutBy-law 3124/89 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3124 /89
Being a by-law to authorize the execution of an
Agreement to amend the Subdivision Agreements
respecting the development of Block 74, Plan
40M-1439 and Block 83, Plan 40M-1526, Picketing
(Rougecrest Construction Inc./Grand Oak Homes).
WHEREAS, pursuant to section 50(6) of the Planning Act 1983, S.O. 1983, chapter 1,
The Corporation of the Town of Pickering entered into:
(a) a Subdivision Agreement dated June 2, 1986, with Rougecrest Con-
struction Inc. respecting Plan 40M-1439; and
(b) a Subdivision Agreement dated Aprll 21, 1987, with Grand Oak Homes
(Eastern Division) Inc. respecting Plan 40M-1526,
which Agreements require amendment to provide for the coordinated development as
one building lot of Block 74, Plan 40M-1459 and Block 83, Plan 40M-1526, 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 an Agreement in
the form attached hereto as Schedule A to amend:
(a) the Subdivision Agreement dated June 2, 1986 between Rougecrest
Construction Inc. and The Corporation of the Town of Picketing
(notice of which was registered on December 8, 1986 as Instru-
ment LT301283), respecting Plan 40M-1439, and
(b) the Subdivision Agreement dated April 21, 1987 between Grand
Oak Homes and The Corporation of the Town of Picketing (notice
of which was registered on March 11, 1988 as Instrument
LT374631), respecting Plan 40M-1526,
in order to provide for the coordinated development of Block 74, Plan 40M-1439,
Picketing and Block 83, Plan 40M-1526, Picketing.
BY-LAW read a first, second and third time and finally passed this 1st day of May,
1989.
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3124 /89
Being a by-law to authorize the execution of an
Agreement to amend the Subdivision Agreements
respecting the development of Block 74, Plan
40M-1439 and Block 83, Plan 40M-1526, Picketing
(Rougecrest Construction Inc./Grand Oak Homes).
WHEREAS, pursuant to section 50(6) of the Planning Act 1983, S.O. 1983, chapter I,
The Corporation of the Town of Picketing entered into:
(a) a Subdivision Agreement dated June 2, 1986, with Rougecrest Con-
struction Inc. respecting Plan 40M-1439~ and
(b) a Subdivision Agreement dated April 21, 1987, with Grand Oak Homes
(Eastern Division) Inc. respecting Plan 40M-1526,
which Agreements require amendment to provide for the coordinated development as
one building lot of Block 74, Plan 40M-1439 and Block 83, Plan 40M-1526, 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 an Agreement in
the form attached hereto as Schedule A to amend:
(a) the Subdivision Agreement dated June 2, 1986 between Rougecrest
Construction Inc. and The Corporation of the Town of Picketing
(notice of which was registered on December 8, 1986 as Instru-
ment LT301283), respecting Plan 40M-1439, and
(b) the Subdivision Agreement dated April 21, 1987 between Grand
Oak Homes and The Corporation of the Town of Pickering (notice
of which was registered on March 11, 1988 as Instrument
LT374631), respecting Plan 40M-1526,
in order to provide for the coordinated development of Block 74, Plan 40M-1439,
Pickering and Block 83, Plan 40M-1526, Pickering.
BY-LAW read a first, second and third time and finally passed this 1st day of May,
1989.
Schedule A
THIS AGREEMENT made this 17th day of April, 1989.
BETWEEN:
GRAND OAK HOMES (EASTERN DIVISION) INC.
hereinafter called "Grand Oak"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART.
WHEREAS Grand Oak is,
(a) the successor of Rougecrest Construction Inc. (herein called
"Rougecrest") in title to Block 74, Plan 40M-1439, Picketing, which Block
is designated as a future development block in the Agreement dated June
2, 1986, between Rougecrest and the Town, Notice of which was regis-
tered December 8, 1986 as Instrument No. LT301266, and
(b) the owner of Block 83, Plan 40M-1526, Picketing, which Block is des-
ignated as a future development block in the Agreement dated April 21,
[987, between Grand Oak and the Town, Notice of which was registered
March 11~ 1988, as Instrument LT374631,
and,
WHEREAS, those Blocks together form one building lot which may be developed after
this Agreement, amending the Agreements referred to above, has been registered on
title to each Block~
NOW THEREFORE, this Agreement witnesseth that, in consideration of the Town
lifting the future development ~estrictions on Block 74, Plan 40M-1439, Picketing, and
on Block 83, Plan 40M-1526, Picketing, the Builder agrees with the Town as follows:
1. The lands affected by this Agreement (hereinafter called the "Lands") are:
FIRSTLY, Block 74, Plan 40M-1439, Picketing, and
SECONDLY, Block 83, Plan 40M-1526, Picketing.
2. In this Agreement, the term,
(a) "Grand Oak Agreement" mean~ the Agreement dated April 21, 1987,
between Grand Oak and the Town, Notice of which was registered March
11, 1988 as Instrument No. LT374631, and
(b) 'Rougecrest Agreement" means the Agreement dated June 2, 1986, be-
tween Rougecrest and the Town~ Notice of which was registered December
8, 1986 as Instrument LT301266.
3. (1) 'rime shall be of the essence of this Agreement.
~2) This Agreement and everything herein contained shall enure to the bene-
fit of and be binding upon the Parties hereto, their successors and
assigns.
4. Despite any provision contained therein to the contrary, the Rougecrest Agree-
ment shall not apply to the development of the Lands.
5. The Grand Oak Agreement shall apply to the development of the Lands includ-
ing that portion of the Lands that is not within Plan 40M-1526, Picketing, as if
all the Lands were within that Plan.
6. Prior to the registration of this Agreement, Grand Oak shall pay to the Town,
(a) $35, as an engineering drawing inspection fee (section 17(1)); and
{b) $2,875, unit levy (section
7. Prior to the registration of this Agreement, Grand Oak shall provide to the
Town,
(a) an amended $5 million liability insurance policy, including reference to
[3lock 74, Plan 40M-1439, showing the Town as a named insured; and
(b) an increase in its performance and maintenance security in the amount of
$2,000.
8. Prior to the registration of this Agreement, Grand Oak shall submit to the
appropriate Town authority, and receive that authority's approval to,
(a) revisions or additions to the approved storm drainage system drawings to
provide for the drainage of the Lands;
(b) revisions and additions to the approved Grading Control Plan to provide
for the grading of the Lands;
(c) its design planning report;
(d) revisions and additions to the approved landscaping plan to provide for
the landscaping of the Lands;
(e) revisions and additions to the Tree Preservation Program to provide for
the preservation of trees on the Lands.
9. Despite section 26(1) of the Grand Oak Agreement, no building permit shall be
issued for any building or part of a building on the Lands until this Agreement
is registered on title to the Lands by the Town.
10. (1) Sections 5(1), 5(2) and 6(a) of Schedule A to the Grand Oak Agreement
are hereby amended by deleting "73 to 84" from the first line thereof and
substituting "73 to 82 and Block 84" for it, in each case.
(2) Section 6(b) of Schedule A to the Grand Oak Agreement is hereby delet-
ed.
(3) Block 74, Plan 40M-1439, Picketing, shall be developed only in coniunc-
tion with Block 83, Plan 40M-1526, Picketing, to provide one dwelling
unit.
(4) For Grand Oak's contribution to the Town's parkland needs arising from
the development of the Lands, 0.0050 hectares shall be dedicated from the
parkland credit held by Grand Oak following the registration of Plan
40M-1535.
IN WITNESS WHEREOF, the Parties of the First and Second Part have hereunto af-
fixed their corporate seals attested to by the hands of their proper authorized offi-
cers.
SIGNED, SI~iALED & DELIVERED
GRAND OAK HOMES (EASTERN DIVISION) INC.
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Bruce Tdylor, Clerk