HomeMy WebLinkAboutBy-law 1427/82THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1427/82
Being a By-Law to authorize the execution
of an Agreement between Emma Nellie
Krygsman and the Corporation of the Town
of Pickering respecting the construction
of part of Milton Road (LD 147/81)
WHEREAS, by decision dated April 27th, 1981, the Regional Municipality
of Durham Land Division Committee approved the severance of part of
Lot 97, Plan 350, Pickering, subject to several conditions, one of
which required that an Agreement be entered into providing for the
construction of part of Milton Road and other Town services;
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 an Agreement,
in the form attached hereto as Schedule "~', between Emma Nellie
Krygsman and the Corporation of the Town of Pickering, respecting
the construction of part of Milton Road, and related appurtenances,
between Oakwood Drive and a point 100 metres westerly thereof
(LD 147/81).
BY-LAW read a first, second and third time and finally passed this
1st day of February , 1982.
Schedule "A" to By-law 1427/82
THIS AGREEMENT made in triplicate this day of , 1982.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE FIRST PART,
- and -
EMMA NELLIE KRYGSMAN
hereinafter called the "Owner"
OF THE sECOND PART.
WHEREAS the Town is the owner of an unopened road allowance immediately
adjacent,'to the north, of Lot 97, Plan 350, Picketing, and running
east-west between Oakwood Drive and Rougemount Drive, which road allow-
ance has been known in the past as Milton Road, and is hereinafter
referred to as Milton Road; and
WHEREAS the Owner is the owner in fee simple of part of Lot 97, Plan
350, Picketing, and wishes to construct a single family dwelling
thereon, and for that purpose and other purposes, is prepared to con-
struct an appropriate roadway at her expense on part of Milton Road
from Oakwood Drive westerly to a point 15.25 metres west of the east-
erly boundary of the proposed dwelling lot;
NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT, in consideration of the
mutual covenants and benefits herein contained, and the sum of Two
Dollars ($2.00) paid by each Party to the other, receipt of which by
each is hereby acknowledged, the Parties hereto agree as follows:
The lands affected hereby are those lands more particularly des-
cribed as follows:
ALL AND SINGULAR that certain parcel or tract of land and premises
situate, lying and being in the Town of Pickering, in the Regional
Municipality of Durham and being composed of that part of Lot 97,
Plan 350, designated as Part on a plan of survey of record
deposited in the Land Registry Office for the Registry Division of
Durham (No. 40) as Plan Number 40R-
(1)
The Owner shall, at her sole expense and within two (2) years
of the date hereof, construct a roadway on Milton Road west-
erly from Oakwood Drive approximately 100 metres to a point
15.25 metres west of the easterly boundary of Part , Plan
40R-
- 2 -
(2) The construction of the roadway required by subsection (1),
~ 'f6il<~~o g: ~'~' ..... ' ........ ''~-/'i ...... ~'
~,ab~vR,...sha!!~%nclud~, .bu~ no.t necessarily be l~mited to, the
(a) cutting and clearing of all trees, bushes, shrubs and
other vegetation;
(b) rough grading;
(c)
installation of a proper road base for a 7 metre wide
road and a 9 metre radius turning circle, such base to
consist of 300 millimetres of Granular B material and
150 millimetres of Granular A material;
(d)
application of double surface treatment of emulsions and
stone chips for a 7 metre wide road and a 9 metre radius
turning circle;
(e)
installation of corrugated metal crossroad culverts and
the construction and sodding of ditches on each side of
the road base, such ditches to have a minimum depth of
0.6 metres below the centre line of the finished roadway
and to have a minimum side slope of 2 (horizontal) to 1
(vertical);
(f)
erection of a vehicle barricade a~d warning sign at the
w~sterly end of the proposed roadway and a stop sign and
street sign at the easterly end of the proposed roadway;
and
(g) installation of a street light on either the northerly
or southerly side of the proposed roadway.
(3)
The construction of the proposed roadway shall be coordinated
with the installation of any proposed watermain and sanitary
sewer so that the installation of such a watermain and sani-
tary sewer shall precede the construction of the base for the
proposed roadway.
(4)
All works required to be constructed by the Owner shall be
installed under the observation of Inspectors employed by the
Town and the Owner agrees to pay the costs incurred therefor
within thirty (30) days of invoices being rendered.
(5)
The construction of driveway entrances is not provided for in
this Agreement; the Owner agrees, however, that should a
driveway entrance or entrances be required for Part , Plan
40R- , she shall apply to the Town for such an entrance
and comply with all the Town's requirements, financial or
otherwise, with respect thereto.
For the purposes of complying with the provisions of this Agree-
ment, the Town hereby grants permission to the Owner, her em-
ployees, agents, contractors and workmen, to enter upon the lands
owned by the Town and known as Oakwood Drive and Milton Road,
provided however that the Owner first obtains the Town's written
approval to the engineering drawings respecting the proposed
roadway and appurtenances thereto.
(1)
Before commencing any of the work provided for herein, the
Owner shall supply the Town with a Liability Insurance Policy
in form satisfactory to the Town, indemnifying the Town from
any loss arising from claims for damages, injury or otherwise
in connection with the work done by or on behalf of the Owner
on Town lands.
(2) The amount of the said Policy shall be $1,000,000.
(3) In the event any renewal premium is not paid; the'ToWh'; "in" ~" '"'
order to prevent the lapse of such Liability Insurance
Policy, may pay the renewal premium or premiums and the Owner
agrees to pay the cost of such renewal or renewals within
thirty (30) days of the account therefor being rendered by
the Town.
(4)
It shall be the responsibility of the Owner to notify the
Town of the dates for the renewal of the premium of the said
policy and to supply proof that the premium of the said
policy has been paid in order that the protection provided by
the Liability Insurance Policy shall not lapse.
The Owner shall obtain and, following receipt of the approval of
the Town's Director of Public Works thereto, shall register, at
her sole expense, a plan of survey of reference of that part of
the Milton Road road allowance between Oakwood Drive and the
westerly end of the proposed roadway, including reserves on all
boundaries except the Oakwood Drive boundary and the boundary with
Part , Plan 40R-
Upon the completion, to the satisfaction of the Town's Director of
Public Works, of the works required to be constructed pursuant to
section 2 hereof, and the registration of the plan referred to in
section 5, the Town shall dedicate the proposed roadway as public
highway.
Whenever in this Agreement the word "Owner" and the pronoun "it"
is used, it shall be read and construed as "Owner or Owners" and
"his", "her" or "their", respectively, and the number of the verb
agreeing therewith shall be construed accordingly.
8. Time shall be of the essence of this Agreement.
9. The provisions of Schedule "A" hereto shall form part of this
Agreement.
10.
This Agreement and everything herein contained shall enure to the
benefit of and be binding upon the Parties hereto, their succes-
sors and assigns.
IN WITNESS WHEREOF, the Party of the First Part has hereunto
affixed its corporate seal, attested to by the hands of its proper
- 4 -
officers in that behalf fully authorized, and the Party of the Second
has here to af.fi~ h
Part ~ un~ ed e a .
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
Clerk
In the presence of
EMMA NELLIE KRYGSMAN
SCHEDULE "A"
1. FUTURE CONTRIBUTIONS TO SHARED SERVICE COSTS
(1') ~ithi~ Si~y .... days~ ' 'of the acknowledgement, by ~he ToWn'~
Director of Public Works, of the completion of the proposed
roadway and related appurtenances, as provided for in section
2 of this Agreement, the Owner's consulting engineer shall
provide to the Town, in a form satisfactory to the Town, a
detailed summary of the actual cost, to the Owner, of the
roadway and appurtenances.
(2)
Within thirty days of the receipt by the Town of the summary
referred to in subsection (1), in a form satisfactory to the
Town, the Town Manager shall determine and notify the Owner,
in writing, of the following:
(a)
the area of the lands that the roadworks shall be deemed
to benefit (the "benefitting lands") for the purposes of
this section and the conditions, if any, under which
such lands shall continue to be benefitting lands;
(b)
the portion of the Owner's actual cost, referred to in
subsection (1), that the Town shall deem to be applic-
able to the benefitting lands (the "shared cost") for
the ~urposes of this section; and
(c)
the method or methods that shall be employed to pro-rate
the shared cost to the benefitting bands,
and that determination shall be final.
(3)
In the event that the benefitting lands, or any part thereof,
are to be developed with frontage on Milton Road, then the
Town shall endeavour to ensure that the owner thereof pays
the Owner herein, prior to the development of those lands,
all or an appropriate portion of the shared cost,
(a) calculated according to the method or methods referred
to in subsection (2), and
(b)
adjusted annually, for a maximum of five years from the
date of notification referred to in subsection (2),
according to the Southam Construction Cost Index.
(4)
In consideration' of the Town permitting the construction and
opening of Milton Road and entering into this Agreement with
this section included, the Owner hereby,
(a) remises, releases and forever discharges, and
(b) agrees to indemnify and save harmless,
the Town, its officers and employees and their respective
heirs, executors, administrators, successors and assigns, of
and from all actions, causes of action, accounts, claims,
debts, damages, demands, and costs associated therewith,
arising, to arise or which may hereafter be brought against
them, or any of them, by or on behalf of the Owner, or any
other person, because of the provisions of this section or
any error, omission, failure or negligence in the application
thereof.
0
0
H