HomeMy WebLinkAboutBy-law 1330/81THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO.1330 /81
Being a By-Law to authorize the execution
of an Agreement between Parcival Develop-
ments Limited and the Corporation of the
Town of Pickering, and to authorize the
withdrawal of the Town's appeals from
Land Division Committee decisions
LD 322/80 and LD 323/80
WHEREAS by decisions dated October 6th, 1980, the Land Divi-
sion Committee of the Regional Municipality of Durham
approved severance applications LD 322/80 and LD 323/80,
subject to certain conditions, which decisions have been
appealed by the Corporation of the Town of Pickering to the
Ontario Municipal Board; and
WHEREAS the concerns of the Town with respect to the said
decisions can be provided for by the entering into of an
Agreement between the Town and the applicant, Parcival
Developments Limited; and
WHEREAS upon such Agreement being entered into, it shall be
desirable to withdraw the Town's appeals to the Ontario
Municipal Board;
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 a
Development Agreement, in the form attached hereto as
Schedule "A", between the Corporation of the Town of
Pickering and Parcival Developments Limited, respecting
the future development of that Part of Lot 92, Plan
350, designated as Parts 3, 4 and 5 on Plan 40R-
(LD 322/80, LD 323/80).
2. The Town Solicitor is hereby authorized and directed,
upon the registration of the Agreement referred to in
section 1, to undertake whatever steps shall be neces-
sary to withdraw the Town's appeals to those decisions
of the Land Division Committee of the Regional Munici-
pality of Durham designated as LD 322/80 and LD 323/80.
BY-LAW read a first, second and third time and finally passed
this 6th day of July 1981.
TOWN O
P:C;KFRIf,
? I I^
Ili "A '
AS TO
SCHEDULE "A"
THIS AGREEMENT made in triplicate this day of , 1981.
B E T W E E N:
PARCIVAL DEVELOPMENTS LIMITED
hereinafter called the "Owner"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART.
WHEREAS, the Owner is the owner in fee simple of Lot 92, Plan 350,
Pickering, and has made application to the Regional Municipality of
Durham Land Division Committee for consent to separate two parcels
therefrom; and
WHEREAS, the said Committee, has, by decisions dated October 6th,
1980, approved the said applications, subject to conditions, which
decisions had subsequently been appealed by the Town to the Ontario
Municipal Board; and
NOW THEREFORE, THIS AGREEMENT WITNESSETH that in consideration of,
(a) the Town withdrawing or abandoning its appeals to the
Ontario Municipal Board of the above-mentioned decisions
of the Regional Municipality of Durham Land Division
Committee; and
(b) the payment of the sum of $2.00 (Two Dollars) made by each
Party to the others, receipt of which by each Party is
hereby acknowledged,
the Parties hereto covenant and agree as follows:
1. The lands affected by this Agreement (hereinafter referred to as
the "subject lands") are those lands more particularly described
in Schedule "A" hereto, which Schedule is hereby made a part of
this Agreement.
2. Subject to the provisions of section 3, the Owner hereby agrees,
that it shall not undertake any development or permit any develop-
ment to be undertaken of any nature, on the subject lands, until a
subdivision plan of all of the subject lands, processed and
approved after the date hereof according to the provisions of The
Planning Act, R.S.O. 1970, chapter 349, as amended from time to
time, or any successor thereto, has first been registered in the
Land Titles Office for the Registry Division of Durham, and then,
the Owner shall undertake such development or permit such develop-
ment to be undertaken only in accordance with such plan and any
-2-
Subdivision or Servicing Agreement entered into in conjunction
therewith.
3. Notwithstanding the provisions of section 2, on that part of the
subject lands designated as the "building envelope" on Schedule
"B" hereto, which Schedule is hereby made a part of this Agree-
ment, the Owner may construct, or permit to be constructed, in
accordance with the applicable Restricted Area By-Law in effect at
the time, one single family residential dwelling having a ground
floor area of not more than 185.45 square metres.
4. This Agreement and the terms and covenants contained herein shall
run with the subject land and the Agreement, and everything herein
contained shall enure to the benefit of and be binding upon the
Parties hereto, their heirs, administrators, successors and assigns.
IN WITNESS WHEREOF, the Parties hereto have hereunto affixed their
Corporate Seals, duly attested to by the hands of their respective
authorized officers.
SIGNED, SEALED & DELIVERED
PARCIVAL DEVELOPMENTS LIMITED
Per:
Per:
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
Clerk
SCHEDULE "A"
ALL AND SINGULAR those certain parcels or tracts of land 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 92, Plan 350, designated as Parts 3, 4 and 5 on a
plan of survey of record deposited in the said Office as Plan 40R-
SCHEDULE "B"
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