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HomeMy WebLinkAboutBy-law 394/76THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 3 r1 7 b Being a by-law of the Corporation of the Town of Pickering to authorize the execu- tion of an agreement between the Corporation of the Town of Pickering and June Ellen Ross with respect to the dedication of lands being part of Lot 139, Registered Plan 816, Town of Pickering. The Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. That the Mayor and Clerk be authorized to execute an Agreement between the Corporation of the Town of Pickering and June Ellen Ross with respect to the dedication of lands being part of Lot 139, Registered Plan 816, Town of Pickering. By-law read a first, second and third time and PASSED this , b l day of WVI 1976. Mayor Administrator-C1 rk yj THIS AGREE14ENT made in duplicate this day of 1976 between THE CORPORATION OF THE TOWN OF PICKERING (hereinafter called the "Town") OF THE FIRST PART - and - JUNE ELLEN ROSS (hereinafter called the "Owner") OF THE SECOND PART WHEREAS the Owner is the Owner of the freehold interest in fee simple of Lot 139, Registered Plan 816 in the Town of Pickering in the Province of Ontario; AND WHEREAS the Owner wishes to divide the said lot into two parcels and to sever the said parcels for land development purposes; AND WHEREAS the Owner's proposal in that regard has been approved by the Land Division Committee of the Regional Municipality of Durham subject to certain conditions; AND WHEREAS one of those conditions is that the owner agree in writing to dedicate certain lands below the top of the bank of the Petticoat Creek, as outlined by the Metropolitan Toronto and Region Conservation Authority, to the Town of Pickering for future open space purposes when full municipal services have been installed; AND WHEREAS further another condition is that the Owner submit a lot grading plan to the Town of Pickering Works Department for approval; NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the sum of One Dollar ($1.00) paid by the Owner to the Town, receipt of which is hereby acknowledged, the Parties hereto agree as follows: 1. For the purposes of this agreement the term "Municipal Services" shall mean paved road with curbs, storm sewer, sanitary sewer and the provision of piped municipal water supply, and shall not include any other service. 2. When municipal services have been installed and are available to service 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 Province of Ontario, and being composed of that part of Lot 139, according to a Plan registered in the Land Registry Office for the Registry Division of Durham, at Whitby, as Plan No. 816, Pickering, and designated as Part 2 on a Plan of Survey of record registered in the said office as No. 40R- 2640 then in that event the Owner shall forthwith dedicate to the Town of Pickering that portion of that Part being the lands below the top of bank, that is, to the south and west of a line marked "top of slope" on the grading plan attached hereto as Schedule "A", for future open space purposes. - 2 - 3. Prior to the construction, erection, or relocation of any structure upon the Part referred to in paragraph 2 hereof, the owner shall submit a lot grading plan to the Town of Pickering Works Department, and obtain its approval in writing thereto. 4. This agreement shall extend to, bind and enure to the benefit of any and every successor and assign of the Parties hereto. IN WITNESS WHEREOF the Town has hereunto affixed its corporate seal attested by its proper signing officers duly authorized in that behalf and the Owner has hereunto set her hand and seal. i. SIGNED, SEALED AND DELIVERED in the presence of: THE CORPORATION OF THE TOWN OF PICKERING JUNE ELLEN ROSS Form l(X)7 Combined Forms: Affidavit of Subscribing Witness - Age and Marital Status Newinr, and Gilbert. Limited. Toronto Revised March/72 AFFIDAVIT OF SUBSCRIBING WITNESS I, Jane Townsend, of the Town of Ajax, in the Regional Municipality ofDurham Secretary make oath and say: -Sec footnote I am a subscribing witness to the attached instrument and I was present and saw it executed at the Town of Ajax by June Ellen Ross -Soo fmtnoN, I verily believe that each person whose signature I witnessed is the party of the same name referred to in the instrument. SWORN before me at the Town of Ajax, Regional Municipality of Durham this 30th day of March 19 76 Revae-d Nfin, It, 7? A COMMISSIONER FOR TAKING AFFIDAVITS ETC. DAVID W. McKAY / • Where a pnrly n, .,,able to rind III, in.1,ann t or ith... It pnrllf sHplx by matron, his mark or ,, farr(an rhaG-t,,,, told "nfhv inxtnunm2 hod hren read to him and he appeared fully to vnalmxtaml it'. MIerc ""'I anolar a power, of aftn nay be,,1 "(Farm of attorney) at allmnry for (name of party)"; and for next chase mmb.tiode "I venly bdo,r that the PFrxnn "'ho" xianthne 1 wibuex..rol wax mdhoriz,f In arolm the in.vnanent Fx moot,, for (Roar/". aIII March/12 AFFIDAVIT AS TO AGE AND MARITAI. STATUS I/WE June Ellen Ross, of the in the make oath and say: If attorney see footnote Strike out ina(mlicable c taus'.. Rosident of Canada. elr. When I executed the attached instrument, WYK was at least eighteen years old. I was married / S iXTXTk2?(ed?gxr. 35thwaxzwa IUzaoz(*zNzI ftx zrxe)paxzxfF) 4x14ItI!A Vc(9c41fOZ>oodza?z&ev?zFQmrfrzXLhxE9ce?(zbt?R2xd>ie?d x?xV (MRYj(tXVAN SWORN before me at the Town of Ajax, in the Regional Municipality of Durham JUNE ELLEN ROSS this 30th stay of March 19 76 A COMMISSIONER FOR TAKING AFFIDAVITS . Erc j DAVID W. 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