HomeMy WebLinkAboutBy-law 1843/84THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1843 /84
Being a by-law to authorize the execution of a
Development Agreement between the Corporation
of the Town of Pickering and Roy Edwin Albert
Roszell and Margaret Pearl Roszell respecting Part
Lot 17, Concession 8, Pickering (LD 197-8/82)
WHEREAS Roy Edwin Albert Roszell and Margaret Pearl Roszell are the registered
owners of Part Lot 17, Concession 8, Pickering (Parts 2 and 3, Plan 40R-7423); and
WHEREAS by Decisions LD 197/82 and LD 198/82, dated October 25th, 1982, the
Region of Durham Land Division Committee approved the severance therefrom of two
building lots subject to conditions, one of which in each case requires the Owner to
satisfy the Town financially; and
WHEREAS it is deemed expedient to enter into an Agreement to set out the terms of
such financial conditions;
NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY
ENACTS AS FOLLOWS:
The Mayor and Clerk are hereby authorized to execute a Development Agree-
ment, in the form attached hereto as Schedule A, between the Corporation of
the Town of Pickering and Roy Edwin Albert Roszell and Margaret Pearl
Roszell, respecting the development of Part Lot 17, Concession 8, Picketing.
(LD 197-8/82).
BY-LAW read a first, second and third time and finally passed this 22nd day of May,
1984.
rbr .....
TOWN OF
PIC!(E>'.i;,' G ,
THIS AGREEMENT made in triplicate this 22nd day of May, 1984.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter referred to as the "Town"
OF THE FIRST PART,
ROY EDWIN ALBERT ROSZELL
and
MARGARET PEARL ROSZELL
hereinafter collectively referred to as the "Owner"
OF THE SECOND PART.
WHEREAS the Owner herein is the registered owner, in fee simple, of the lands more
particularly described in Schedule A, hereto; and
WHEREAS, by decisions dated October 25th, 1982 (LD 197/82, LD ]98/82), the Region
of Durham Land Division Committee approved the severance therefrom of two building
lots, being the lands affected hereby, subject to conditions, one of which in each
case requires the Owner to satisfy the Town financially;
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 by each is hereby ac-
knowledged, the Parties hereto agree as follows:
The ]ands affected hereby, hereinafter referred to as the "Lands", are those
lands more particularly described in Schedule B hereto.
Subject to the provisions of any applicable statute, regulation, official plan,
secondary plan or by-law, the Lands may be developed initially as one residen-
tial parcel or as two residential parcels.
3. (1)
In the event that the Lands are to be developed initially as one residen-
tial parcel, then prior to the issuance of the construction permit for the
erection or placement of a dwelling unit thereon, the Owner shall pay to
the Town an amount equal to the Town's then current lot severance fee.
(2) In the event that the Lands are developed initially as one residential
parcel and subsequently redeveloped as two residential parcels, then
prior to,
(a)
the issuance of a permit for the demolition of any existing dwell-
ing unit thereon, or
(b) the issuance of a construction permit for the erection or place-
ment of the second dwelling unit thereon,
whichever first occurs, the Owner shall pay to the Town an amount equal
to the Town's then current lot severance fee.
In the event that the lands are to be developed initially as two residential
parcels, then prior to the issuance of a construction permit for the erection or
placement of a dwelling unit on each parcel, the Owner shaJl pay to the Town
an amount equal to the Town's then current lot severance fee.
5. Schedules A and B hereto form part of this Agreement.
This Agreement, the Schedules hereto, and everything contained therein, shall
enure to the benefit of and be binding upon the Parties hereto and their re-
spective heirs, executors, successors and assigns.
IN WITNESS WHEREOF the Party of the First Part has hereunto affixed its corporate
seal, duly attested by its proper authorized officers, and the persons comprising the
Party of the Second Part have hereunto affixed their hands and seals.
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
Clerk
In the presence of
ROY EDWIN ALBERT ROSZELL
MARGARET PEARL ROSZELL
2
SCHEDULE A
The Owner's Lands
ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying
and being in the Town of Picketing, in the Regional Municipality of Durham and
Province of Ontario (formerly in the Township of Picketing, in the County of Ontario)
and being composed of part of Lot 17, Concession 8 of the original Township of
Pickering more particularly described as follows:
PREMISING that the northerly limit of said Lot I7 has a bearing of North 72 degrees
41 minutes 50 seconds East and relating all bearings herein thereto.
COMMENCING at a point in said Northerly limit of Lot 17 distant 155.00 feet measured
North 72 degrees 41 minutes 50 seconds East along said limit from the North West
angle of said Lot 17;
THENCE North 72 degrees 41 minutes 50 seconds East along Northerly limit of said
Lot 17, 232.32 feet to a point;
THENCE South 17 degrees 31 minutes 10 seconds East a distance of 17 feet to a
point;
THENCE South 72 degrees 41 minutes 50 seconds West and parallel with the Northerly
limit of Lot 17 a distance of 135.00 feet to a point;
THENCE North 17 degrees 31 minutes 10 seconds West a distance of 7.0 feet to a
point;
THENCE South 72 degrees 41 minutes 50 seconds West and parallel with the Northerly
limit of Lot 17, a distance of 97.32 feet to a point;
THENCE North 17 degrees 31 minutes 10 seconds West a distance of 10.0 feet to the
POINT OF COMMENCEMENT;
AS DESCRIBED in Instrument No. D107685.
SCHEDULE B
The Lands Affected by this Agreement
ALL AND SINGULAR that certain parcel or tract of lands and premises situate, lying
and being in the Town of Pickering, in the Regional Municipality of Durham and
Province of Ontario and being composed of those parts of Lot 17, Concession 8 des-
ignated as Parts 2 and 3 on a plan of survey of reference deposited in the Land
Registry Office for the Registry Division of Durham (No. 40) as Plan 40R-7423.
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