HomeMy WebLinkAboutBy-law 3770/91THE CORPORATION OF THE TOWN OF PICKERING
B~z-LAW NQ. 3770/91
Being a by-law to authorize the execution of a Parkland
Conveyance Agreement and to authorize the acquisition
of certain lands, respecting the development of Block 24,
Plan 40M-1482, Picketing (Claremont Estates Ontario
Inc.; 18T-87082(R)).
WHEREAS the proposal to subdivide and register a plma of subdivision of Block 24, Plan 40M-1482,
Picketing, has been recommended for approval by the Council of The Corporation of the Town of
Picketing as Draft Plan 18T-87082(R), subject to several conditions, one of which requires that the
owner thereof make satisfactory arrangements with The Corporation of the Town of Picker'mg regarding
the required parkland dedication, pursuant to the provisions of the Planning Act 1983, S.O. 1983,
chapter 1, section 50; and
WHEREAS, pursuant to the provisions of the Municipal Act, R.S.O. 1990, chapter 302, section 193(1),
the Council of The Corporation of the Town of Picketing may pass by-laws for acquiring any land or
interest therein for the purposes of the corporation;
NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS
FOLLOWS:
The Mayor and Clerk are hereby authotized to execute a Parkland Conveyance Agreement, in
the form attached hereto as Schedule A, between Claremont Estates Ontario Inc. and The
Corporation of the Town of Picketing, respecting the dedication of parkland required for the
development of Block 24, Plan 40M-1482, Picketing (Draft Plan 18T-87082(R)).
The Corporation of the Town of Picketing shall acquire those lands described in section l(b) of
the Parkland Conveyance Agreement attached hereto as Schedule A, being those parts of Lots 1
and 2, Plan 40M-1538, Picketing, designated as Parts 3 and 6, Plan 40R-13714, subject to the
terms and conditions set out therein for the purpose of expanding the Claremont Lawn Bowling
Club site.
BY-LAW read a first, second and third time and finally passed this/7'fla day of August, 1991.
Wayne Artl~rs, Maybr - ' -
TOWN OF
PICKERING
APPROVED
AS 10 FORM
LEGAL DEPT.
THIS PARKLAND CONVEYANCE AGREEMENT made August 7th, 1991,
BETWEEN:
CLAREMONT ESTATES ONTARIO INC.
(herein referred to as 'Claremont Estates")
OF THE FIRST PART,
THE CORPORATION OF THE TOWN OF PICKERING
(herein referred to as the "Town"),
OF THE SECOND PART,
WHEREAS theproposal of Claremont Estates to subdivide and register a plan of subdivision of Block
24, Plan 40M-148.2., Picketing, has been recommended for a[~p. roval by the Council of The Corporation
of the Town of P~ckering as Draft Plan 18T-87082(R), subject to several conditions, one of which
requires that Claremont Estates make satisfactory arrangements with The Corporation of the Town of
Pickering regarding the required parkland dedication, pursuant to the provisions of the Planning Act
1983, S.O. 1983, chapter 1, section 50; and
WHEREAS, pursuant to the provisions of the Municipal Act, R.S.O. 1990, chapter 302, section 193(1),
The Corporation of the Town of Picketing may acquire any land or interest therein for the purposes of
the corporation; and
WHEREAS The Corporation of the Town of Picketing wishes to acquire those parts of Lots 1 and 2,
Plan 40M-1538, Picketing, designated as Parts 3 and 6, Plan 40R-XXXXX, subject to the terms and
conditions set out herein for the purpose of expanding the Claremont Lawn Bowling Club site;
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT, in consideration of the Town
recommending the proposed plan of subdivision designated as Draft Plan 18T-87082(R) for approval,
the sum of $2.00 now paid by each party to the other (receipt of which by each is hereby
acknowledged), and the covenants hereinafter expressed, the Parties hereto covenant and agree one with
the other as follows:
In this Agreement,
(a) "Closing Date" means August 20, 1991, unless extended as provided for herein; and
(b) "Land" means those parts of Lots 1 and 2, Plan 40M-1538, Picketing, designated as
Parts 3 and 6, Plan 40R-XXXXX.
Claremont Estates shall arrange for a conveyance of the fee simple in the Land on the Closing
Date from the owners thereof to the Town, such conveyance to be free of encumbrances, for
nominal consideration ($2.00), and subject to the terms and conditions of this Agreement.
Upon the registration on the Closing Date of the conveyance referred to in section 2, the Town
shall credit Claremont Estates with parkland dedication for sixteen residential dwelling units in
Draft Plan 18T-87082(R), and cause to be issued written acknowledgement of the fact that
Claremont Estates has satisfied the Town's condition imposed upon its recommendation for
approval of that Draft Plan that Claremont Estates "make satisfactory arrangements with the
Town regarding the required parkland dedication".
If Claremont Estates does not register Draft Plan lgT-87082(R) on or before December 31,
1996, then Claremont Estates shall be entitled to use the credit, referred to in section 2, or any
part or parts of it, as the required parkland dedication for any other residential development
within the area subject to the Town's Hamlet of Claremont Development Plan, and, should
Claremont Estates so use that credit, or any part or parts of it, then the Town shall be entitled to
withdraw its acknowledgement of Claremont Estates' satisfaction with the draft plan approval
recommendation condition referred to in section 2.
(D
(2)
The Town shall be allowed ten days from the date hereof to examine the title to the
Land at its own expense, and if within that time the Town furnishes Claremont Estates,
in writing, with any valid objection to the title, which Claremont Estates is unwilling or
unable to remove, and which the Town will not waive, this Agreement shall be null and
void, and neither Claremont Estates nor the Town shall be liable for any costs or
damages, but if no valid objection to the title is made within the said time, the Town is
conclusively deemed to have accepted the title of the registered owners to the Land.
The Town may not call for production of any Title Deed or Abstract of Title or to have
furnished other copies thereof other than those in the possession or under the control of
Claremont Estates or the registered owners of the title to the Land.
(1)
(2)
On the Closing Date, the Land shall be conveyed to the Town by a good and sufficient
Transfer/Deed or two of them.
The Town shall be given vacant possession of the Land on the Closing Date.
(2)
All Transfers/Deeds necessary to transfer tire, includ'mg a registered reference plan,
shall be prepared by Claremont Estates, at its expense; the only costs that the Town
shaIl be responsible for shall be its own legal costs and the costs of registration of the
Transfer(s)/Deed(s).
Tender of documents or money may be made upon the solicitor for either Party.
The Closing Date may be extended beyond August 20, 1991 but not after December 31, 1991, by
written agreement of the Parties, which agreement may be made by the solicitors of the Parties,
all other terms and conditions to remain the same.
Any notice, demand, request, consent, approval, disapproval, acknowledgement, or other matter
which either Party hereto may desire or be required to give to the other Party hereto with regard
to any matter or thing contained in this Agreement shall be in writing and shall be given by
personal delivery or registered mail,
(a) in the case of the Claremont Estates, to
John G. Howes
Barrister and Solicitor
Suite 622, Picker'mg Coxporate Centre
1305 Picketing Parkway
Pickering, Ontario
L1V 3P2
and
(b) in the case of the Town, to
C. M. Timothy Sheffield
Town Solicitor
The Corporation of the Town of Picketing
Civic Complex
One The Esplanade
Picketing, Ontario
LtV 6K7
-2-
~0. (D
(2)
(3)
The provisions of this Agreement not requ/red to be completed on or before the Closing
Date shall survive the closing and shall not blend or meld or merge with the delivery of
title to the/..and to the Town as provided herein.
This Agreement constitutes a binding Agreement and time is in all respects of the
essence hereof.
This Agreement shall enure to the benefit of and be binding upon the Parties hereto only.
IN WITNESS WHEREOF, the Parties hereto have hereunto affLxed their respective Corporate Seals
attested to by the hands of their anthorized officers.
SIGNED, SEALED & DF. LIVERED
CLAREMONT ESTATES ONTARIO INC.
Karsten Smith, President
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Brace Taylor, Clerk
-3-
RESIDENTIAL POLICIES
Lands designated Residential-Phase I on Schedule "A" of
this Plan may be used for single family residential
purposes. No residential dwellings other than single
detached dwellings shall be permitted. New residential
lots may be created in this area by registered plan of
subdivision or land severance providing:
(a) direct access on a publicly maintained street is
available; and
(b)
a minimum lot area of 0.3 hectares is provided, except
that a larger minimum lot area may be required by the
Town, in consultation with other relevant authorities,
where the results of any study under subsections 4.3
or 4.4 of this Plan indicate that a larger minimum lot
area is required.
LEGAL SERVICES DEPARTMENT
The Town of Pickering
Council Report L78/91 18T-87082(R)
Extract frc~ Hamlet of Clare~ont Dev. Plan
PROVISIONS
1) (a) Uses Permitted ("R6" Zone)
No person shall within the lan~s designated "H6" on
Schedule "I" attached hereto, use any lot or erect,
alter or use any building or s~ructure for any
purpose excep$ the following:
(i) detached dwelling residential uses.
(b Zone Requirements ("R6" Zone)
No person shall within the lands designated "R6" on
Schedule "I" attached hereto, use any lot or ere6t,
alter or use any building excep:
~he following provisions:
(i) LOT AREA (minimum):
(ii) LOT FRONTAGE (minimum):
iii) FRONT YARD DEPTH (minimum):
(iv) SID~ YARD WIDTH (minimum):
(v) FLA~KAGE SIDE YARD WIDTH
(minimum):
) REAR YARD DEPTH (minimum):
) LOT COVERAGE (maximum):
) BUILDING HEIGHT (maximum):
) DWELLING UNIT REQUIREMENTS:
A maximum one dwelling unit
(vi
(vii
(viii
(ix
(x)
in accordance with
3000 square metres
22 metres
9.0 metres
1.E metres
2.7 metres
9.0 metres
20 percent
12 metres
per lot
minimum gross floor area-residential
95 square metres
SPECIAL RESTRICTION: no buildings or
structures shall
be erected within 10 metres of the Trans Canada
Pipeline Easement
The Town of Pickering ~---~
LEGAL SERVICES DEPARTMENT
Council Report L78/91 18T-87082 (R)
tlxtract frown By-law 2209/86
ed by
9/81
2/81
5.26
(1)
(£)
(ii)
(iii)
(iv)
(2)
LOTS REDUCED BY PUBLIC ACQUISITION
this section "Public Agency" shall mean:
the Government of Canada, the Government of
Ontario or any regional or local municipal
corporation;
any ministry, department, commission, authority,
board or ocher agency established by the Govern-
ment of Canada, the Government o[ Ontario, or
any regional or local municipal corporation;
any agency, corporation, board or commission
providing a public utility including but not
necessarily limited to a telephone or telegraph
company or a supplier of natural gas or elec-
tricity; and
any railway company.
Notwithstanding any ocher provision of this by-law,
where the area of a lot has been reduced as a
result of an acquisition of parc of the lot by a
public agency for the purpose of providing a public
service, and where such acquisition causes the lot
as reduced not to be in conformity with one or more
restricted area by-law requirements for the zone in
which such lot is located, then the lot as reduced
shall be deemed to conform with the said require-
menC or requirements, providing:
(il the dimensions and area of the lot were lawful
prior to the date of such public acquisition or
a previous public acquisition; and
(ii)
no change is made to the dimensions or area o£
the loc as reduced subsequent to the date of
such public acquisition chat would increase the
extent o[ such non-conformity, unless such
change ts the result of a further public acqui-
sition.
The Town of Pickerlng
LEGAL SERVICES DEPARTMENT
Council Report L78/91
Extract frc~ By-law 3037
18T-87082 (R)