HomeMy WebLinkAboutBy-law 907/78
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 907/78
Being a by-law to authorize the execution
of an Agreement between the Corporation
of the Town of Pickering and Simon-Henry
Kaptyn Estates Limited amending the
Subdivision Agreement dated December 10th,
1973 respecting Plan M-1040.
WHEREAS Simon-Henry Kaptyn Estates Limited has subdivided
certain lands in Lot 17, Range 3, Broken Front Concession,
Pickering (Plan M-1040);
AND WHEREAS a Subdivision Agreement was entered into between
the Corporation of the Township of Pickering and Simon-Henry
Kaptyn Estates Limited on December 10th, 1973 respecting that
subdivision;
AND WHEREAS it is now deemed expedient to amend that Subdi-
vision Agreement;
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 Corporation of the Town of Pickering
and Simon-Henry Kaptyn Estates Limited, amending the
Subdivision Agreement dated December 10th, 1973
respecting Plan M-1040.
BY-LAW read a first, second and third time and finally passed
this 16th day of October, 1978.
TOWN GP
PICK.c=R':^!G
APP?E ?.?J u
?!'C.'Y
THIS AGREEMENT made this 16th day of October, 1978.
BETWEEN:
SIMON-HENRY KAPTYN ESTATES LIMITED
a Corporation incorporated under the laws
of the Province of Ontario
hereinafter called the "Owner"
OF THE FIRST PART,
- and -
THl: CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART.
WHEREAS the Owner on July 16th, 1975, registered a plan of
subdivision on certain lands now situate in the Town of Picker-
ing, in the Regional Municipality of Durham, which plan is
known as M-1040 for the Land Titles Division of the Registry
Office for Durham No. 40, hereinafter called the "Subdivision";
AND WHEREAS the servicing of the Subdivision is governed
by the provisions of a Subdivision Agreement entered into
between the owner and the former Corporation of the Township of
Pickering, dated December 10th, 1973, hereinafter called the
"Subdivision Agreement";
AND WHEREAS pursuant to the provisions of the Regional Muni-
cipality of Durham Act, 1973 S.O. 1973, c.78, the Corporation of
the Town of Pickering became the successor to the Corporation of
the Township of Pickering on January 1st, 1974;
AND WHEREAS an Agreement, hereinafter called the "First
Amending Agreement", dated July 6th, 1977, was entered into
between the owner and the Corporation of the Town of Pickering;
AND WHEREAS it has become necessary to amend further the
terms of the Subdivision Agreement;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in considera-
tion of the premises and the covenants set out below, the
parties hereto agree one with the other as follows:
1. The Parties hereto acknowledge and confirm the content-
of the premises above recited and incorporate same ir,w
this Agreement.
2. It is understood and agreed that the Town's rec.uirements
for the servicing and development of the Subdivision
shall be governed by the terms of the Subdivision Agree-
ment, as amended by the First Amending Agreement, by
this Agreement, hereinafter called the "Second Amending
Agreement", which three Agreements are to be collectively
referred to as the "Amended Subdivision Agreement".
- 2 -
3. The Town releases the Owner from any obligations to
install a watermain system and a sanitary sewer
system as provided for in the Subdivision Agreement.
The Owner in return covenants to re-negotiate these
matters with the Regional Municipality of Durham,
hereinafter called the "Region".
4. Section 4 of the Subdivision Agreement is hereby
amended by deleting therefrom the last sentence in
the first paragraph thereof, and by substituting
therefor the following:
The Town will endeavour to collect the
cost ratably from,
(a) other owners of lands contribu-
ting storm drainage which is to
flow through the storm and/or
drainage system to be construc-
ted by the Owner herein, and
(b) other owners on Station Road,
prior to giving connections to such other
owners.
Notwithstanding the provisions of this
section, until such time as the necessary
external storm sewer easements and appro-
vals have been obtained, the Owner shall
be permitted to develop the subdivision
using temporary on-site storm drainage
control approved by the Town so long as
the Owner pre-installs the required storm
sewer system and connects each site to
that system at such time as the system
becomes operational.
5. (a) It is understood and agreed by both parties
that the Subdivision shall be developed in
Stages I, II and III, the approximate size
and location of each stage being as outlined
on the sketch attached hereto as Schedule
"A" to this Amending Agreement.
(b) Schedule "A" of the Subdivision Agreement is
hereby amended by deleting therefrom section
1, and by substituting therefor the,follow-
ing:
1. Time Limits
The time limits
tion of all of
works shall be
for the comple-
the required
as follows:
(a) Stage I
- 3 years;
(b) Stage II - 4 years;
(c) Stage III - 5 years,
such time limits to be computed
from the date of execution of
this Second Amending Agreement
by the Town.
- 3 -
(a) The Owner agrees to convey to the Town, for
the nominal consideration of One Dollar
($1.00), within thirty days of the Owner
obtaining the engineering approval from the
Region and the Town to the commencement of
construction of Stage I, the lands set out
as Parts 1-9, inclusive, on a plan of survey
of part of Lots 19-23, inclusive, Plan
M-1040, Pickering, prepared by B. K. Edwards,
Ontario Land Surveyor, and dated March 21st,
1977, all of which shall be dedicated as a
public road prior to the installation of
the services referred to in subsection (b).
(b) The Owner agrees to construct a road and
other services on the lands referred to in
subsection (a), at its expense, as if those
lands had been de.'Acated as a public road-
way on the original plan of subdivision.
The Town acknowledges that in order to attract and
accommodate industrial users, it may be necessary to
realign and/or close up parts of the Subdivision
streets and to lift one foot reserves and to this end
the Town agrees, subject to the approval of the
Regional Municipality of Durham where direct access
to Bayly Street may be required, to reconvey to the
Owner for the nominal sum of One Dollar ($1.00) plus
its legal costs, such portion or portions of the
said streets and/or one foot reserves as may be re-
quired for this purpose, provided that at the time
of such request by the Owner, it is the owner of
lands on both sides of that portion of the street to
be so reconveyed and/or the owner adjacent to the
one foot reserve, as the case may be.
IN WITNESS WHEREOF the said parties have hereto affixed
their corporate seals attested to by the hands of their pro-
per officers in that behalf fully authorized.
SIMON-HENRY KAPTYN ESTATES LIMITED
per: .
per:
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
Clerk
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