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HomeMy WebLinkAboutPD 26-05PICKERING REPORT TO EXECUTIVE COMMITTEE Report Number: PD 26-05 Date: May 31,2005 From: Nell Carroll Director, Planning & Development Subject: Brydale Developments (Pickering)Inc. Plan of Subdivision 40M-1987 Plan 40R-19693 Final Assumption of Plan of Subdivision Recommendation: By-laws should be enacted to: dedicate Block 31, Plan 40M-1987 as public highway; assume roads and/or services within Plan 40M-1987 (save and except Block 32); amend By-law 1416/82 (Places of Amusement)to include the roads within Plan 40M-1987; and authorize the release and removal from title of the Subdivision Agreement and related Amending Subdivision Agreement relating to Plan 40M-1987 and Plan 40R-19693. Executive Summary: The City entered into a Subdivision Agreement with the above-noted developer for the development of Plan 40M-1967. That agreement was subsequently amended to deal with the coordinated development of the future development blocks and the lands lying north of the M-Plan (Plan 40R-19693). As the developer has completed all works and services within these Plans to the satisfaction of City staff, it is now appropriate to assume the M-Plan under the jurisdiction of the City and release the developer from the provisions of the respective Subdivision Agreement and Amending Subdivision Agreement. Financial Implications: There are no new financial implications to the City as a result of this recommendation. Report PD 26-05 Subject: Final Assumption of Plan of Subdivision 40M-1987 Date: May 31,2005 Page 2 Background: The City entered into a Subdivision Agreement with the above-noted developer for the development of Plan 40M-1987. That agreement was subsequently amended to deal with the coordinated development of the future development blocks and the lands lying north of the M-Plan (Plan 40R-19693). As the developer has now completed all works and services within these Plans to the satisfaction of City staff, it is now appropriate to assume the M-Plan under the jurisdiction of the City and release the developer from the provisions of the Subdivision Agreement and Amending Subdivision Agreement. The assumption of Plan 40M-1987 (save and except Block 32) and the release of the Subdivision Agreement and related Amending Subdivision Agreement must be acknowledged by the enactment of various By-laws dedicating certain lands as public highway, assuming the roads and/or services within the Plan, amending By-law 1416/82 relating to Places of Amusement, and authorizing the release and removal of the Agreements from title. Accordingly, it is recommended that the following By-laws be enacted to: dedicate Block 31, Plan 40M-1987 as public highway; assume roads and/or services within Plan 40M-1987 (save and except Block 32); amend By-law 1416/82 (Places of Amusement)to include the roads within Plan 40M-1987; and authorize the release and removal from title of the Subdivision Agreement and related Amending Subdivision Agreement relating to Plan 40M-1987 and Plan 40R-19693. Attachments: Location Map - Plan 40M-1987 and 40R-19693 By-law to dedicate Block 31, Plan 40M-1987 as public highway By-law to assume roads and/or services within Plan 40M-1987 (save and except Block 32) By-law to amend By-law 1416/82 (Places of Amusement) to include the roads within Plan 40M-1987 By-law to authorize the release and removal of the Subdivision Agreement and related Amending Subdivision Agreement from title relating to Plan 40M-1987 and Plan 40R-19693 Report PD 26-05 Subject: Final Assumption of Plan of Subdivision 40M-1987 Date: May 31,2005 Page 3 Prepared By: Denise Bye, Coordinator Property & Development Services Approved / Endorsed By: Neil Carroll,~PP Director, Planning & Development DB Attachments Copy: Chief Administrative Officer IRecommended for the consideration of Pickering~ ' " Chief Administrative Officer Director, Operations & Emergency Services Director, Planning & Development Director, Corporate Services & Treasurer City Clerk ATTACHMENT # '~ ,,,,, 1'0 REPOR~ # PD ~.-)l,.~- C)~ __J _~ r VOYACE . · BO STBQ[ JQ,S LANF City of Pickering Planning & Development Department PROPERTY DESCRIPTION 40M-1987 AND 40R-19693, PARTS 1-6 OWNER VARIOUS DATE MAY 17, 2005 DRAWN BY JB FILE No. SUBDIVISION COMPLETION & ASSUMPTION SCALE N.T.S. CHECKED BY DB N THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to dedicate Block 31, Plan 40M-1987, Picketing as public highway. WHEREAS The Corporation of the City of Pickering is the owner of Block 31, Plan 40M-1987, Pickering and wishes to dedicate it as public highway; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Block 31, Plan 40M-1987, Pickering is hereby dedicated as public highway (Fairport Road). BY-LAW read a first, second and third time and finally passed this 27th day of June, 2005. David Ryan, Mayor Debi A. Bentley, City Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to assume the roads within Plan 40M-1987 for public use as public highways and to assume the services within Plan 40M-1987 (save and except Block 32) under the jurisdiction of the City of Pickering. WHEREAS above ground and underground services required for the development of the above-noted Plans have been completed to the City's satisfaction; and WHEREAS the City of Pickering has jurisdiction over the roads shown on Plan 40M-1987; and WHEREAS pursuant to the Municipal Act, S.C. 2001, c. 25, sections 30 and 31, a highway is owned by the municipality having jurisdiction over it and a municipality may by By-law assume highways owned by it for public use; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The above ground services required by the Subdivision Agreement relating hereto, or any amendments thereto, which are to be constructed or installed in the development of the above-noted Plan or which are located on lands that are dedicated to or owned by the City within Plan 40M-1987 (save and except Block 32) or on lands lying immediately adjacent thereto are hereby accepted and assumed for maintenance under the jurisdiction of The Corporation of the City of Pickering. The underground services that are required to be constructed or installed in the development of the above-noted Plan including the storm drainage system and related appurtenances, located on lands that are dedicated to or owned by the City in Plan 40M-1987 (save and except Block 32) or lands lying immediately adjacent thereto, are hereby accepted and assumed for maintenance under the jurisdiction of The Corporation of the City of Pickering. In sections 1 and 2, the phrase "lands that are...owned by the City" includes lands that are subject to an easement transferred to the City, but only with respect to the specific service or services referred to in the easement transfer document. The following highways are hereby assumed for public use as public highways under the jurisdiction of The Corporation cf the City of Pickering: Fairport Road, Voyager Avenue, Helm Street and Grayabbey Court, within Plan 40M-1987 BY-LAW read a first, second and third time and finally passed this 27th day of June, 2005. David Ryan, Mayor Debi A. Bentley, City Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to amend By-law 1416/82 providing for the regulation and licensing of places of amusement. WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, section 150(1), the Council of The Corporation of the City of Pickering enacted By-law 1416/82 providing for the regulation and licensing of places of amusement; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Schedule A to By-law 1416/82, as amended, is hereby further amended by adding thereto the following: Voyager Avenue, Grayabbey Court and Helm Street, within Plan 40M-1987, City of Pickering, Regional Municipality of Durham. BY-LAW read a first, second and third time and finally passed this 27th day of June, 2005. David Ryan, Mayor Debi A. Bentley, City Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to authorize the release and removal of the Subdivision Agreement and related Amending Subdivision Agreement from title respecting Plan 40M-1987, Picketing. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and Brydale Developments (Pickering) Inc. entered into a Subdivision Agreement, Notice of which was registered as Instrument No. LT943391 on February 17, 2000, respecting the development of Plan 40M-1987, Pickering; and WHEREAS that agreement was amended to deal with the coordinated development of lands within Plan 40M-1987 and lands lying outside the plan (Plan 40R-19693). That Agreement was registered as Instrument LT1004591 on December 22, 2000; and WHEREAS the terms and conditions of the Subdivision Agreement and Amending Subdivision Agreement have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk hereby authorize the release and removal from title of: (a) the Subdivision Agreement registered as Instrument No. LT943391 on February 17, 2000, and (b) the Amending Subdivision Agreement registered as Instrument LT1004591 on December 22, 2000, between Brydale Developments (Pickering) Inc. and The Corporation of the City of Pickering, respecting the development of Plan 40M-1895 and Plan 40R-'19693, Pickering. BY-LAW read a first, second and third time and finally passed this 27th day of June, 2005. David Ryan, Mayor Debi A. Bentley, City Clerk