HomeMy WebLinkAboutBy-law 3210/89 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3210 /89
Being a by-law to authorize the execution of an
Agreement to amend the Subdivision Agreement
respecting the development of Blocks 73 to 79,
Plan 40M-1526, 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-1526, Pickering, which Agreement requires amendment to provide for the
development of Blocks 73 to 79, Plan 40M-1526, 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
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 development of Blocks 73 to 79, Plan 40M-1526,
Picketing, with adiacent lands.
BY-LAW read a first, second and third time and finally passed this 26th day of June,
1989.
Wayne Artll~rs, Mayor----
B~ce Taylor, Cler/k
TOWN OF
LE(, L
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3210 /89
Being a by-law to authorize the execution of an
Agreement to amend the Subdivision Agreement
respecting the development of Blocks 73 to 79,
Plan 40M-1526, Pickerlng (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) lnc. respecting Plan
40M-1526, Picketing, which Agreement requires amendment to provide for the
development of Blocks 73 to 79, Plan 40M-1526, 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
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 development of Blocks 73 to 79, Plan 40M-1526,
Picketing, with adjacent lands.
BY-LAW read a first, second and third time and finally passed this 26th day of June,
1989.
Wayne Artl~drs, Mayor~-
~ B ~t"ce aylor, Cler/k '
JTOWN OF
APPROVE;)
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 Blocks 73 to 79, Plan 40M-1526, Pickering,
which Blocks are designated as future development blocks in the Agreement dated
April 21, 1987, between Grand Oak and the Town, Notice of which was registered
March 11, 1988, as Instrument LT374631, and
WHEREAS, those Blocks together with adjacent lands form twelve building lots which
may be developed after this Agreement, amending the Agreement referred to above,
has been registered on title to each Block;
NOW THEREFORE, this Agreement witnesseth that, in consideration of the Town
hfting the future development restrictions on Blocks 73 to 79, Plan 40M-1526, Picker-
ing, Grand Oak agrees with the Town as follows:
1. The lands affected by this Agreement (hereinafter called the "Lands") are
Blocks 73 to ?9, Plan 40M-1526, Picketing.
2. In this Agreement, the term,
(a) "Subdivision Agreement" means 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) "lst Amending Agreement" means the Agreement dated April 17, 1989, be-
tween Grand Oak and the Town, Notice of which was registered M, ay 3,
1989 as Instrument LT446888.
3. (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 as amended by the 1st Amending Agreement shall
apply to the development of the Lands (except Block 79) and to the develop-
ment of the adjacent lands (being Parts 13, 14, 17 to 20, 23 to 26, 29, 30, 33,
34, 37, 39, Plan 40R-11609) as if the adjacent lands were part of the Lands.
5. Prior to the registration of this Agreement, Grand Oak shall pay to the Town,
(a) $420, as an engineering drawing inspection fee (section 17(1)); and
(b) $32,000, unit levies (section 29).
6. 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
Parts 13, 14, 17 to 20, 23 to 26, 29, 30, 33, 34, 37 and 39, Plan
40R-11609, showing the Town as a named insuredl and
(b) an increase in its performance and maintenance security in the amount o{
$24,000.
7. Prior to the registration o£ 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 addilions to the approved Grading Control Plan to provide
for the grading of the Lands and the adjacent landsl
(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 ad}acent lands.
8. 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 (except Blocks 77
and 78) 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.
9. (1) Sections 5(1), 5(2) and 6(a) of Schedule A to the Subdivision Agreement
(as amended by the 1st Amending Agreement) are hereby further amended
by deleting "73 to 82 and Block 84" from the first line thereof and sub-
stituttag "80, 81, 82 and 84" for it, in each case.
(2) The lands set out in Column I of the following Table shall be developed
only in conjunction with the lands set out in Column II thereof to provide
the number of dwelling units set out in Column III thereof:
Table
Item Column I Column II Column III
(a) Block 73{1) Parts 13, 14, 17, 18,
40R-11609 2 units
(b) Block 74 Parts 19, 20, 23, 24, 43,
40R-11609 2 units
(c) Block 75 Parts 25, 26, 29,
40R-11609 2 units
(~1) Block 76 Parts 30, 33, 40R-11609 2 ,,~ttS
(e) Block 77 Parts 34, 37, 40R-11609 2 unite
(f) Block 78 Part 39, 40R-11609 Z units
(g) Block 79 Block 73, 40M-1509~ Block 94
40M-1513; Part 11, 40R-11609 1 unit
(1) except Part 43, Plan 40R-11609
(3) The development of the lands described in Items (a) through (f) in the
above Table shall be governed by the provisions of the Subdivision
Agreement, as amended by the 1st Amending Agreement and by this
Agreement.
(4) The development of the Lands described in Item (g) in the above Table
shall be governed by the provisions of the Subdivision Agreement re-
specting Plan 40M-1513.
(5) For Grand Oak's contribution to the Town's parkland needs arising from
the development of the Lands, a further 0.0595 hectares shall be deduct-
ed from the parkland credit held by Grand Oak,
IN WITNESS WHEREOF~ Grand Oak and the Town hereunto affixed their corporate
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
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