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HomeMy WebLinkAboutBy-law 1010/79THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1010/79 Being a By-Law to authorize the execution of an Agreement between the Corporation of the Town of Pickering and Barclay Transport Limited respecting Lot 4, Con- cession 5, Pickering. (M15/77) WHEREAS, in order to effect the severance of certain lands, Barclay Transport Limited is required to obtain the approval of the Town to an application to amend Restricted Area (Zoning) Order designated Ontario Regulation 102/72; and WHEREAS, by Resolution 190/77, made September 19th, 1977, the Council of the Corporation of the Town of Pickering approved the said application subject to certain conditions, two of which required the entering into of an Agreement for certain purposes; 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 the Corpora- tion of the Town of Pickering and Barclay Transport Limited respecting Lot 4, Concession 5, Pickering. (M15/77) BY-LAW read a first, second and third time and finally passed this Third day of July , 1979. TOWiV - c AN W ( . ryor -j Clerk SCHEDULE "A" - By-Law #1010/79 THIS AGREEMENT made in duplicate this 3rd day of July 1979. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING hereinafter referred to as the "Town" OF THE FIRST PART, - and - BARCLAY TRANSPORT LIMITED hereinafter referred to as the "Owner" OF THE SECOND PART. WHEREAS, the Owner is the owner in fee simple of certain lands and premises more particularly described in Schedule "A" hereto; and WHEREAS, the Owner is desirous of dividing those lands and premises into two separate parcels, one of approximately two acres in area (hereinafter referred to as the "parcel to be severed" and more particularly described in Schedule "B" hereto) and the other of approximately eighty-two and one- half acres in area (hereinafter referred to as the "parcel to be retained" and more particularly described in Schedule "C" hereto); and WHEREAS, in order to effect the division of those lands and premises, the Owner is required to obtain, inter alia, the approval of the Town to an application made by the owner for an amendment to the Restricted Area (Zoning) Order designated as Ontario Regulation 102/72, as amended, pursuant to the provisions of section 32 of The Planning Act, R.S.O. 1970, chapter 349, as amended; and WHEREAS, by Resolution 190/77, made September 19th, 1977, the Council of the Town approved the said application subject to certain conditions; NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT, in con- sideration of the Town approving the said application, and in consideration of the sum of $2.00 paid by each party to the other, receipt of which is hereby acknowledged by each party, the parties hereto covenant and agree as follows: 1. The lands and premises affected by this Agreement shall be those lands and premises more particu- larly described in Schedule "C" hereto, i.e. the parcel to be retained. 2. The Owner agrees that neither it nor any person on its behalf shall apply for consent under the pro- - 2 - visions of The Planning Act, or any successor thereto, to divide or sever the parcel to be retained in order to create one or more addi- tional parcels. 3. The Owner further agrees that neither it nor any person on its behalf shall construct or erect or permit to be constructed or erected on the parcel to be retained any building or structure that the Town, in its sole opinion, considers to have a potential for human habitation. 4. Notwithstanding the provisions of sections 2 and 3, above, if full municipal services are available to service the development, then in that event the Owner may develop the parcel to be retained by means of one or more plans of subdivision approved by the Minister of Housing. 5. Schedules "A", "B" and "C" hereto are hereby made a part of this Agreement. 6. This Agreement and everything contained herein shall enure to the benefit of and be binding upon the par- ties hereto and their respective heirs, successors and assigns. y IN WITNESS WHEREOF the corporate seals attested by duly authorized officers. Parties hereto have affixed their the hands of their respective SIGNED, SEALED and DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Mayor BARCLAY TRANSPORT LIMITED Per: Per: SCHEDULE "A" ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town (formerly Township) of Pickering, in the Regional Municipality of Durham (formerly County of Ontario) and Province of Ontario more particularly described as that part of Lot 4 in Con- cession 5 designated as Parts 1 and 2 on a Plan of Survey of Record registered in the Registry Office for the Regis- try Division of Durham as Plan No. 40R- SCHEDULE "B" ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town (formerly Township) of Pickering, in the Regional Municipality of Durham (formerly County of Ontario) and Province of Ontario more particularly described as that part of Lot 4 in Con- cession 5 designated as Part 1 on a Plan of Survey of record registered in the Registry Office for the Registry Division of Durham as Plan No. 40R- SCHEDULE "C" ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town (formerly Township) of Pickering, in the Regional Municipality of Durham (formerly County of Ontario) and Province of Ontario more particularly described as that part of Lot 4 in Con- cession 5 designated as Part 2 on a Plan of Survey of Record registered in the Registry Office for the Registry Division of Durham as Plan No. 40R- W J Q N IL-ZZ H IHWY No 71 •1 W Z J W O N i 1. - -- - V-- -j L_CON 5 'lr-- SUBJECT LAND DENOTES FARMLAND ¦ DENOTES RESIDENCE p DENOTES GARAGE OR OUTBUILDING GRAVEL PIT 2.009 ACRES TOTAL HOLDING 94ACRES! ¦ :OMME CIAL 6 RESID TIAL- M WEIGH SCALES OFFICE 6 COTTAGE LO COMME IAL ?N1 E REC EATION ¦ ¦ -ED TOWN OF PICKERING ?I Planning Department PROPERTY DESCRIPTION PART LOT 4, CONCESSION 5 APPLICA71ON No. APPLICANT M 15 / 77 BARCLAY TRANSPORT DATE SCALE SEPT. 7 / 77 ^?--? 0 500 1000 nRAWN RY MA fl-r-n ny I