HomeMy WebLinkAboutBy-law 3251/89 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO.
Being a by-law to authorize the execution of an
Agreement to amend the Subdivision Agreement
respecting the development of Block 21, Plan
40M-1423, Pickering (Security-Benton Develop-
ments Inc./Garthwood Homes Ltd.).
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
March 17, 1986, with Security-Benron Developments Inc. respecting Plan 40M-1423,
Picketing which Agreement requires amendment to provide for the coordinated devel-
opment by Garthwood Homes Limited of Block 21, Plan 40M-1423 and Blocks 34 to
Plan 40M-1600, Picketing;
NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY
ENACTS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute an Agreement in the
form attached hereto as Schedule A between Garthwood Homes Limited and The
Corporation of the Town of Picketing to amend the Subdivision Agreement dated
March 17, ]986 between Security-Benron Developments Inc. and The Corporation
of the Town of Pickering respecting Plan 40M-1423, in order to provide for the
coordinated development of Block 21, Plan 40M-1423, Pickering and Blocks 34 to
37, Plan 4OM-16O0, Picketing.
BY-LAW read a first, second and third time and finally passed this ;kS'th day of
September, 1959.
TOWN OF
PICKERING
APPROVED
L£GAL DEP~,
SCHEDULE
THIS AGREEMENT made September 18, 1989.
BETWEEN:
GARTHWOOD HOMES LIMITED
hereinafter called "Garthwood"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART.
WHEREAS Garthwood is,
(a) the successor of Security-Benton Developments Inc. (herein called Securi-
ty-Benton") in title to Block 21, Plan 40M-1423, Picketing, which Block is
designated as a future development block in the Agreement dated March
17, 1986, between Security-Benton and the Town, Notice of which was
registered September 10, 1986 as Instrument No. LT287452, and
(b) the owner of Blocks 34, 35, 36 and 37, Plan 40M-1600, Pickering, which
Blocks are designated as future development blocks in the Agreement
dated December 19, 1988, between Garthwood and the Town, Notice of
which was registered June 1, 1989, as Instrument LT451385,
and,
WHEREAS those Blocks together form four building lots which may be developed after
this Agreement, amending the Agreement referred to in (a) above, has been regis-
tered on title to Block 21, Plan 40M-1423, Picketing;
NOW THEREFORE, this Agreement witnesseth that, in consideration of the Town
lifting the future development restrictions on Block 21, Plan 40M-1423~ Pickering,
Garthwood agrees with the Town as follows:
1. The lands affected by this Agreement (hereinafter called the "Lands") are Block
21, Plan 40M-1423, Pickering.
2. In this Agreement, the term "Security-Benton Agreement" means the Agreement
dated March 17, 1986, between Security-Benron and the Town, Notice of which
was registered September 10, 1986 as Instrument No. LT287452.
3. This Agreement and everything herein contained shall enure to the benefit of
and be binding upon the Parties hereto, their successors and assigns.
4. Prior to the registration of this Agreement, Garthwood shall provide to the
Town an amended $5 million liability insurance policy, including reference to
Block 21, Plan 40M-1423, Picketing, showing the Town as a named insured.
5. Prior to the registration of this Agreement, Garthwood 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.
6. Section 5 of Schedule A to the Security-Benton Agreement is hereby deleted.
7. (1) Section 6(1) of Schedule A to the Security-Benton Agreement is hereby
amended by adding to the Table therein the following Item:
8. Block 21 Blocks 34, 35, 36 and 37,
Plan 40M-1600
(Z) Section 6(2) of Schedule A to the Security-Benron Agreement is hereby
deleted and the following substituted for it:
(2) The development of the lands described in Columns I and II of Items
1 to ?, both inclusive, of the above Table shall be governed by the
provisions of this Agreement.
(3) The development of the lands described in Columns I and II of Item 8
of the above Table shall be governed by the provisions of the Agree-
ment dated December 19, 1988, Notice of which was registered June
1, 1989 as Instrument LT451385 respecting Plan 40M-1600, as if all
those lands were within Plan 40M-1600.
IN WITNESS WHEREOF, Garthwood and the Town have hereunto affixed their corpo-
rate seals attested to by the hands of their proper authorized officers.
SIGNED, SEALED & DELIVERED
GARTHWOOD HOMES LIMITED
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor,