HomeMy WebLinkAboutBy-law 3208/89 THE CORP. ORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3208 /89
Being a by-law to authorize the execution of an
Agreement to amend the Subdivision Agreement
respecting the development of Block 73, Plan
40M-1509, Picketing (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 Picketing entered into a Subdivision Agreement dated
April 21, 1987, with Grand Oak Homes (Eastern Division) Inc. respecting Plan
40M-1509, which Agreement requires amendment to provide for the development as one
building lot of Block 73, Plan 40M-1509, Picketing with adiacent lands;
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 the Subdivision Agree-
ment dated April 21, 1987, between Grand Oak Homes and The
Corporation of the Town of Picketing (notice of which was registered on
December 22, 1987 as Instrument LT365114), respecting Plan 40M-1509, in
order to provide for the coordinated development of Block 73, Plan
40M-1509, Picketing with adjacent lands.
BY-LAW read a first, second and third time and finally passed this 26th day of June,
1989.
Wayne ~rt~d~, Mayor
TOWN ,Di- ,~
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3208 /89
Being a by-law to authorize the execution of an
Agreement to amend the Subdivision Agreement
respecting the development of Block 73, Plan
40M-1509, Picketing (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 Picketing entered into a Subdivision Agreement dated
April 21, 1987, with Grand Oak Homes (Eastern Division) InCo respecting Plan
40M-1509, which Agreement requires amendment to provide for the development as one
building lot of Block 73, Plan 40M-1509, Picketing with adjacent lands;
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 the Subdivision Agree-
ment dated April 21, 1987, between Grand Oak Homes and The
Corporation of the Town of Picketing (notice of which was registered on
December 22, 1987 as Instrument LT365114), respecting Plan 40M-1509, in
order to provide for the coordinated development of Block 73, Plan
40M-1509, Pickering with adjacent lands.
BY-LAW read a first, second and third time and finally passed this 26th day of June,
1989.
Wayne Art~drs~, Mayor
APPRgvi!) i
AS TO
THIS AGREEMENT made this 26th day of June, 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 the owner of Block 73, Plan 40M-1509, Pickering, which Block
is designated as a future development block in the Agreement dated April 21, 1987,
between Grand Oak and the Town, Notice of which was registered December 22, 1987,
as Instrument LT365114, and
WHEREAS, that Block together with adjacent lands forms one building lot which may
be developed after this Agreement, amending the Agreement referred to above, has
been registered on title to that Block;
NOW THEREFORE, this Agreement witnesseth that, in consideration of the Town
lifting the future development restrictions on Block 73, Plan 40M-1509, Picketing,
Grand Oak agrees with the Town as follows:
1. The lands affected by this Agreement (hereinafter called the ~Lands'~) are Block
73, Plan 40M-1509, Picketing.
2. In this Agreement, the term "Subdivision Agreementu means the Agreement
dated April 21, 1987, between Grand Oak and the Town, Notice of which was
registered December 22, 1987, as Instrument No. LT365114.
(1) Time 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. The Subdivision Agreement shall apply to the development of the Lands and to
the development of the adjacent lands (being Block 94, Plan 40M-1513, Block
79, Plan 40M-1526 and Part 11, Plan 40R-11609) as if the adjacent land were
part of the Lands,
5. Prior to the registration of this Agreement, Grand Oak sh~ll [~rovide to the
Town,
(a) an amended $5 mil]ion liability insurance policy, including reference to
Block 94, Plan 40M-1513; Block 79, Plan 40M-1526, Part 11, Plan
40R-11609, showing the Town as a named insured; and
(b) an increase in its performance and maintenance security in the amount of
$2,000.
6. 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 and the adjacent lands;
(b) revisions and additions to the approved Grading Control Plan to provide
for the grading of the Lands and the adjacent lands;
(c) its design planning report and the adjacent lands;
(d) revisions and additions to the approved landscaping plan to provide for
the landscaping of the Lands and the adjacent lands;
(e) revisions and additions to the Tree Preservation Program to provide for
the preservation of trees on the Lands and the adjacent lands.
7. Despite section 26(1) of the Subdivision Agreement, no building permit shall be
issued for any building or part of a building on the Lands or on any lot
comprised, in part, of a portion of the Lands, until this Agreement is
registered on title to the Lands by the Town.
8. (1) Sections 5(1), 5(2) and 6 of Schedule A to the Grand Oak Agreement are
hereby deleted.
9. (1) The Table in Section 5(3) of Schedule A to the Subdivision Agreement is
hereby amended by deleting "18T-79004(R)-N*" from Column II of Items 1
to 13 and substituting "40M-1513" for it in each item.
(2) That Table is further amended by deleting '~N*-North M-Plan" from it.
(3) Item 13 of that Table is hereby deleted and the following substituted for
it:
13 Block 73 Block 94, Plan 40M-1513; 1
Block 79, Plan 40M-1526;
Part 11, Plan 40R-121609
10. Section 5(5) of Schedule A to the Subdivision Agreement is hereby amended by
deleting "Draft Plan 18T-79004(R), north M-Plan" from the third and fourth
lines thereof and by substituting "Plan 40M-1513~' for it.
IN WITNESS WHEREOF, Grand Oak and the Town have hereunto affixed their corpo-
rate seals attested to by the hands of their proper authorized officers.
SIGNED, SEALED & DELIVERED
GRAND OAK HOMES (EASTERN DIVISION INC.
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk