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HomeMy WebLinkAboutBy-law 3778/91THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3778/91 Being a by-law to authorize the execution of a Development Agreement and to authorize the acquisition of a storm sewer easement, respecting the development of Lot 3 and part Lot 4, Block B, Plan 65, Picketing (James H. Wheler; LD454/90). WHEREAS the owner's proposal to sever Lot 3 and part Lot 4, Block B, Plan 65, Picketing, has been approved by the Durham Land Division Committee in its Decision LD 454/90, dated December 3, 1990, subject to several conditions, one of which requires that the owner make satisfactory arrangements with The Corporation of the Town of Pickering regarding the relocation of a Town storm sewer located thereon, which arrangements include the entering into of a development agreement 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 authorized to execute a Development Agreement, in the form attached hereto as Schedule A, between James Harold Wheler and The Corporation of the Town of Pickering, respecting the relocation of a storm sewer on Lot 3 and part Lot 4, Block B, Plan 65, Picketing (LD454/90). 2. (1) (2) The Corporation of the Town of Picketing shall acquire interests in the nature of an easements over those lands described in section 1 of the Development Agreement attached hereto as Schedule A, subject to the terms and conditions set out therein, for storm drainage purposes. The Mayor and Clerk are hereby authorized to execute Transfers of Easement, in the form attached hereto as Schedule B, effecting the acquisition by The Corporation of the Town of Picketing of the interests referred to in subsection (1). BY-LAW read a first, second and third time and finally passed this,2(h day of August, 1991. TOWN OF, PICKERING APPROVED LEGAL DEPT. SCHEDULE A THIS DEVELOPMENT AGREEMENT made August 7, 1991, BETWEEN: JAMES HAROLD WHELER, herein referred to as the "Owner", OF THE FIRST PART THE CORPORATION OF THE TOWN OF PICKERING, herein called the "Town", OF THE SECOND PART. WHEREAS the Town is the owner of a storm sewer easement and storm sewer located in part upon Lot 3, Block B, Plan 65, Picketing; and WHEREAS the Owner is the owner of Lot 3 and part of Lot 4, Block B, Plan 65, Pickering, and wishes to sever a part thereof into a separate ownership requiring the relocation of that storm sewer easement and storm sewer; and WHEREAS, as a condition of the approval of Durham Land Division Committee Decision LD454/90 implementing that severance, the Owner is required to enter into an Agreement whereby the Owner will relocate that storm sewer easement and storm sewer; NOW THEREFORE THIS AGREEMENT W1TNESSETH THAT, in consideration of the Town concurring in the granting of the severance referred to, and of the sum of $2.00 now paid by each Party to the other, receipt of which by each is hereby acknowledged, the Parties hereto agree as follows: The land affected hereby (herein called the "Land") is Lot 3 and part of Lot 4, Block B, Plan 65, Picketing, as described in Instrument D305459. 2. (1) (2) (3) The Owner shall, at his sole expense and within three months after the date hereof, relocate in a good and workmanlike manner to a location approved by the Town's Director of Public Works the storm sewer (herein called the "Sewer") presently located on the Land. The relocation of the Sewer shall include but not necessarily be limited to the following: (a) surveying and design; (b) provision and installation of manholes, sewer pipe, aggregate and other materials; (c) connections to the existing sewer; and (d) removal of such portions of the existing sewer as are no longer required for the efficient operation thereof ~,~ ,~ required to be removed by the Town's Director of Public Works. All works and services required to be done by the Owner shall be done under the observation of Inspectors employed by the Town and the Owner shall pay the costs incurred therefor within 30 days of invoices being rendered. (4) The costs referred to in subsection (3) may include, but not necessarily be limited to, salaries and wages of Inspectors, testing fees and administration fees. For the purposes of complying with the provisions of this Agreement, the Town hereby grants permission to the Owner, his employees, agents, contractors and workmen, to enter upon the lands owned by the Town and known as Commerce Street, provided however that the Owner first obtains the Town's written approval to the engineering drawings respecting the relocation of the Sewer and appurtenances thereto. Before commencing any of the work provided for herein, the Owner shall supply the Town with a Certificate of Insurance verifying that he has a Liability Insurance Policy, naming the Town as an insured and indemnifying the Town from any loss arising from claims for damages, injury or otherwise in connection with the work done by or on behalf of the Owner. Before commencing any of the works provided for herein, the Owner shall pay to the Town the sum of $1,500 by certified cheque for the purpose of, (a) guaranteeing the satisfactory construction, installation or performance of the works, (b) guaranteeing the payment of any amounts payable to the Town hereunder, (c) guaranteeing the payment of any amount that the Town may be required to pay under the provisions of the Construction Lien Act, 1983, and (d) guaranteeing all works, workmanship and materials for a period of two years from the date that the works are completed and such completion acknowledged, in writing, by the Director of Public Works, until the obligation to guarantee has expired, when the monies shall be returned to the Owner without interest and subject to any deductions made pursuant to the guarantees set out in (a), (b), (c) and (d) above. O) (2) (3) (4) If, in the opinion of the Director of Public Works, the Owner is not prosecuting or causing to be prosecuted the work in connection with this Agreement within the specified time, or in order that it may be completed within the specified time, or is improperly performing the work, or shall the Owner neglect or abandon it before the completion, or unreasonably delay the same so that the conditions of this Agreement are being violated or carelessly executed, or in bad faith, or shall the Owner neglect or refuse to renew or again perform such work as may be rejected by the Director of Public Works as defective or unsuitable, or shall the Owner in any other manner, in the opinion of the Director of Public Works, make default in performance of the terms of this Agreement, then in any such case, the Director of Public Works shall promptly notify the Owner in writing of such default or neglect and if such notification be without effect within 10 clear days after such notice, then in that case, the Director of Public Works shall thereupon have full authority to purchase such materials, tools and machinery and to employ such workmen as in his opinion shall be requixed for the proper completion of the work at the cost and expense of the Owner. In cases of emergency, in the opinion of the Director of Public Works, such work may be done without prior notice but the Owner shall be forthwith notified. The cost of such work shall be calculated by the Director of Public Works whose decision shall be final. Such costs shall include a management fee of twenty per cent (20%) of the labour and material value, and fuaher, a fee of thirty per cent (30%) of the value for the dislocation and inconvenience caused to the Town as a result of such default on the part of the Owner, it being hereby declared and agreed that the assuming by the Owner of the obligations imposed by this section is one of the considerations, without which the Town would not have executed this Agreement. Upon the completion, to the satisfaction of the Town's Director of Public Works, of the works and services required to be done hereunder, the Town shall assume the relocated Sewer for maintenance purposes, subject to the guarantee set out in section 5(d), above. -2- (1) (2) The Owner shall obtain and register, after obtaining the Town's approval thereto and before conveying any portion of the Land to any other person, a reference plan showing the new easement within which the Sewer is located. Within thirty days of the registration of the plan and before conveying any portion of the Land to any other person, the Owner shall convey to the Town, free and clear of all encumbrances and at no cost to the Town, an easement in the form attached hereto as Schedule A, over those parts on the reference plan that the Town determines are required for future Sewer maintenance purposes. 9. Time shall be of the essence of this Agreement. IO. (1) (2) (3) Any notice, document or other communication required or permitted to be given hereunder shall be in writing and shall be sufficiently given ff sent by prepaid mail or delivered, (a) in the case of the Owner, to the Owner at 177 Crawford Crescent Post Office Box 4x$2 Campbellville, Ontario LOP lB0 and (b) in the case of the Town, to the Town Clerk, at Pickering Civic Complex One The Esplanade Pickering, Ontario LIV 6K7. Each Party may redesignate the person or the address, or both, to whom or at which such notice, document or other communication shall be given by giving written notice to the other. Any such notice, document or other communication shall be deemed to have been given on the first business day following the day of mailing or the day of delivery, as the case may be. 11. (1) This Agreement and everything herein contained shall extend to, bind and enure to the benefit of the Parties hereto. (2) This Agreement is not assignable, in whole or in part, by either Party. IN WITNESS WHEREOF, the Owner has hereunto set his hand and seal and the Town has hereunto affixed its corporate seal, duly attested by its proper authorized officers. SIGNED, SEALED & DELIVERED In thepresenceof James HaroldWheler THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Bmce Taylor, Clerk ENCUMBRANCER - CANADA TRUSTCO MORTGAGE COMPANY This Agreement shall have priority over and take precedence over all of the rights or interests of Canada Trustco Mortgage Company whether or not any such right or interest was established or arose prior to the date hereof and whether or not such right or interest is set out in or arises by virtue of any instrument or document registered on title to the lands affected hereby, or any part of them, prior to the registration of this Agreement. Dated at , this day of ,1991. SIGNED, SEALED & DF. LIVERED CANADA TRUSTCO MORTGAGE COMPANY -4- Schedule B Transfer/Deed of Land New Property Identifiers Additional: See Schedule Executions Foffn 1 -- Land Regiatrat~on Rato~m Act, 19~4 (1) ReglMry [] Land Tttie~ [] 2} Page 1 of 3 pages A (3) P;~ B~ock Property Id~ttlfler(s) Addihonal' s~ Schedule (4) Consideration TWO Dollars $2.00 (5) Description This is a: Property Property Division [] Consolidation [] Part Lots 3 and 4, Block B, Plan 65, being Parts Plan 40R- Durham Additional: See Schedule [] Town of Pickering Regional Municipality of This (a} Redescr(ption (b} Schedule for: (7) Inapt/Estate Tr~lerred Document New Easement Additional Fee Simple Contains plan/Sketch [],' Description [] Parties [] Other [] Easement Transferor(s) The transferor hereby transfers the land to the transferee and ce~tiflas that the transferor is at least eighteen years old and that .......... th~ 'transfe.ror* is, not .a' spouse.. ............................................. Date of Signature Name(s} WHELER, James Harold Signature(s) 19911 ~ of Transferor(s) I hereby consent to this transaction Date of Signature Name(s) Signature(s} Y M D 10) Tranateror(s) Address forS~ 177 Crawford Cres., Box 442, Ca~llville, Ontario L0P lB0 11) Transferee(s} Date of Birth Y M THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor :: Taylor ' Bruce~ ~ Clerk 12) Transferee(s) Address forSe~e Pickering Civic C~','~lex, One The EsplaD~d_e, Pickering, Ontario L1V 6K7 (13) Transferor(s) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 49 of the Planning Act, 1983. Date of Signature Date of Signature Y M D Y M D Signature ......................... i ...... i... ! .... Signature ........................ : / .} ...... 'i... ~... (14) Solicits' for Tran~f~l~(s) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records reveal no contravention as set out in subclause 49 (21a) (c) (ii) of the Planning Act. 1983 and that to the best of my knowledge and belief this transfer does not contravene section 49 of the Planning Act 1983, I act independently of the solicitor for the transferor(s) and I am an Ontario solicitor in good standing, Address of Solicitor Oats of Signature Y M D Signature .......................... ~ ...... , ....... (15) Awmant Roll Number of Property ; Cay Mun[ Map [ Sub Par (17) Document Prepared by: 1280A Commerce Street Pickering, Ontario 10173 112/84) Total Schedule Fo~m 5 -- Land Registration Refom'~ Act, 1~ Page 2of 3 ~Additio~ud Pro~ Ide~tlfle~l) and/or Olher Inforn~tlofl INTEREST/ESTATE TRANSFERRED The Transferor hereby transfers to the Transferee the free, uninterrupted and unobstructed right and easement to construct, operate and maintain such storm drainage works, together with any appurtenances thereto as may be required from time to time in, under and across the lands herein described, together with a right of the Transferee, its successors and assigns and its and their servants, agents and workmen, with all necessary equipment, machinery and vehicles to enter upon the lands at all times and to pass and repass thereon for replacing (including replacement with storm drainage works of larger size and capacity) and maintaining the storm drainage works or any part thereof or appurtenances thereto to be constructed, reconstructed, examined, repaired, renewed, replaced or maintained situate on the lands. The Transferor covenants that it shall not erect any building or structure nor place or remove any fill on or from any part of the lands without the express written consent of the Transferee. The Transferor hereby releases the Transferee from any claim which may arise out of the exercise by the Transferee of the right and easement granted here- by, or which may arise out of the existence or operation of the storm drainage works, provided the Transferee fills in all excavations and as far as is practi- cable restores the surface to the condition existing prior to any entry thereon to exercise the right hereby granted. The Transferor covenants that it shall execute such further assurances of the right and easement granted hereby as may be required by the Transferee. The burden of this Transfer and of all the covenants contained herein shall run with the lands herein described. This Transfer shall be binding upon and shall enure to the benefit of the parties hereto and their respective successors and assigns. LAND BENEFITED (DOMINANT TENEMENT) The benefit of this Transfer and all of the covenants contained herein shall run with all other lands and interests in land owned, occupied or used by the Transferee, its successors and assigns for the purpose of operating and main- taining storm drainage works.