HomeMy WebLinkAboutBy-law 3811/91THE CORPORATION OF THE TOWN OF PICKERING
BY.LA~W~3811/91
Being a by-law to authorize the execution of a
Subdivision Agreement Amendment respecting the
development of Block 7, Plan 40M-1653, Picketing
f557351 Ontario Limited; 18T-89002)
WHEREAS the proposal to subdivide and register a plan of subdivision of those lands now known as
PIm~ 40M-1653, Picketing. was approved by the Council of The Corporation of the Town of Picketing
and the Regional Municipality of Durham; and
WHEREAS, in furtherance thereof, The Corporation of the Town of Pickering has entered into a
Subdivision Agreement dated October 1, 1990, with 557351 Ontario Limited, pursuant to the provisions
of the Planning Act 19R3, S.O. 1983, chapter 1, section 50(6), which Agreement requires amendment in
order to permit the development of Block 7 in conjunction with abutting lands (part Block 37, Plan
40M- 1320, Pickering, being Part 1, Plan 40R-10500);
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 Subdivision Agreement Amendment,
in the form attached hereto as Schedule A, between The Corporation of the Town of Picketing
and 557351 Ontario Limited respecting the development of Block 7, Plan 40M-1653,
Pickering, and that part of Block 37, Plan 40M-1320, Picketing, designated as Part 1, Plan
40R-10500.
BY-LAW read a first, second and third time and finally passed this 16th day of September, 1991.
TOWN OF
PICKER!NG
APPROVED
AS 10 FORM
LEGAL DEPT.
Wayne ~hurs, Ma~or
THIS SUBDIVISION AMENDING AGREEMENT made September 16, 1991,
BETWEEN:
557351 ONTARIO LIMITED
herein called the "Owner"
OF THE FIRST PART,
THE ¢OP~PORATION OF THE TOWN OF PICKERING
herein called the "Town"
OF THE SECOND PART.
WHEREAS the Owner and the Town entered into a Subdivision Agreement dated October 1, 1990,
Notice of which was registered February 19, 1991, as Instrument No. LT536738, respecting the
subdivision of those parts of Lots 10 and 11, Plan 228, Pickering, included in Region of Durham Draft
Plan Number 18T-89002; and
WHEREAS that Draft Plan was registered on January 18, 1991, as Plan 40M-1653, Pickering; and
WHEREAS it is necessary to amend that Subdivision Agreement in order to provide for the
development of Block 7, Plan 40M-1653, Picketing, in conjunction with abutting lands, being that part
of Block 37, Plan 40M-1320, Pickering, designated as Part I, Plan 40R-10500;
NOW THEREFORE THIS AGREEMENT WITNESSETH that, in consideration 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
covenant and agree one with the other as follows:
The lands affected by this Agreement (herein called the "Lands") are Block 7, Plan 40M-1653,
Picketing, and that part of Block 37, Plan 40M-1320, Pickering, designated as Part 1, Plan
40R-10500.
In this Agreement, "Subdivision Agreement" means the Subdivision Agreement between the
Owner and the Town dated October 1, 1990, Notice of which was registered Febmary 19, 1991,
as Instrument No. LT536738.
The Owner and the Town are bound by the terms and conditions of the Subdivision Agreement
as amended hereby, and by the terms and conditions of this Agreement, and shall continue to be
bound by them.
That pan of Block 37, Plan 40M-1320, Pickering, designated as Part 1, Plan 40R-10500, shall be
developed by the Owner as ff it were included within Plan 40M-1653, Picketing, and the
provisions of the Subdivision Agreement, as amended hereby, and of this Agreement shall apply
thereto accordingly.
(1)
(2)
The Owner warrants that it is the registered owner of the Lands and consents to the
registration by the Town of this Agreement on the title thereto.
This Agreement shall not operate to amend the Subdivision Agreement until this
Agreement is registered on title to the Lands.
6. (1) Prior to the registration of this Agreement, the Owner shall pay to the Town by certified
cheque the sum of $1,873, comprised of,
(2)
(a) $35 as an engineering drawing inspection fee; and
(b) $1,838 as a pafldand contribution.
Prior to the rsgistration of this Agreement, the Owner shall provide to the Town,
(a)
an amended Certificate of Insurance indicating that the Liability Insurance
Policy that the Owner has obtained pursuant to the requirements of section 18
of the Subdivision Agreement provides coverage for operations located at that
part of Block 37, Plan 40M-1320, Pickering, designated as Part 1, Plan
40R-10500;
(b)
an amendment to the performance and maintenance security that the Owner has
provided pursuant to the requirements of section 19 of the Subdivision
Agreement to increase the amount thereof by $2,000;
(c)
an amendment to the Grading Control Plan that the Owner has provided
pursuant to the requirements of section 20 of the Subdivision Agreement to
include therein the grading of that part of Block 37, Plan 40M-1320, Picketing,
designated as Part 1, Plan 40R-10500;
(d)
an amendment to the unit levy security that the Owner has provided pursuant to
the requirements of section 29 of the Subdivision Agreement to increase the
amount thereof by $3,250; and
(e)
an amendment to the Tree Preservation Program that the Owner has provided
pursuant to the requirements of section 34 of the Subdivision Agreement to
include therein tree preservation requirements for that part of Block 37, Plan
40M-1320, Picketing, designated as Part 1, Plan 40R-10500.
(1)
(2)
Upon the issuance of the building permit for the dwelling unit to be erected on the
Lands, the Owner shall pay to the Town a unit levy or development charge for that
dwelling unit.
The amount of the unit levy or development charge payable under subsection (1), above,
shall be,
(a)
$3,250, ff the Town has not, before the date of payment, enacted a
Development Charge By-law pursuant to section 3(1) of the Development
Charges Act 1989, S.O. 1989, chapter 58, or
(b)
the applicable amount of such development charge according to the Town's
Development Charge By-law, if, before the date of payment, the Town has
enacted such a by-law.
Section 29 of the Subdivision Agreement is hereby amended by adding in the third line, after the
phrase "in section 28 hereof', the following,
and in section 7 of the Amending Subdivision Agreement dated September 16, 1991.
Subsections (1) and (4) of section 33 of the Subdivision Agreement are hereby amended by
deleting the number "10' from the first line of each and substituting the number "Il" in each
case.
10.
(2)
Section 4 of Schedule A to the Subdivision Agreement is hereby amended by deleting
from the heading thereto and from the first line of subsection (1) thereof the phrase
"Blocks 7 and 14" and substituting the phrase "Block 14" in each case.
Subsection (2) of section 4 of Schedule A to the Subdivision Agreement is hereby
deleted and the following substituted for it:
(2)
Until such time as Block 14 is developed, the Owner shall maintain it in a clean
and orderly condition to the Town's satisfaction.
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II.
(1)
Section 5 of Schedule A to the Subdivision Agreement is hereby amended by deleting
from the heading thereto the phrase "Blocks g to 11" and substituting the phrase
"Blocks 7 to 11' for it.
The Table in subsection (2) of section 5 of Schedule A to the Subdivision Agreement is
hereby amended by adding the following Item to it:
5. 'Block 7 Paxt Block 37, Plan 40M-1320 1
(Part 1, Plan 40R-10500)
12.
(1)
(2)
Subsection (1) of section 6 of Schedule A to the Subdivision Agreement is hereby
deleted ~md the following substituted for it:
(I)
[n the event that more than 11 units (one each on Lots I to 6 and one each on
the lands described in Items I to 5 of the Table in section 5 of this Schedule)
are to be constructed in this plan pursuant to this Agreement, as amended, a
further amendment to this Agreement shall be required.
Subsection (2) of section 6 of Schedule A to the Subdivision Agreement is hereby
amended by deleting from the first line thereof the number "10" and substituting the
number "I 1" for it.
13.
Prior to the registration of this Agreement, the Owner shall provide to the Town certified
cheques payable to.
(a)
(b)
Alastair Mackay Realty Inc., in the amount of $141.86, and
Meadowcliffe Homes, in the amount of $213.90,
being the portions of the costs to those companies of the acquisition of the Altona Road
Detention Pond (Mackay Realty) and the construction of the Altona Road Detention Pond
(Meadowcliffe) which benefit that part of Block 37, Plan 40M-1320, Pickering, designated as
Part 1, Plan 40R-I0500.
IN WITNESS WHEREOF, the parties hereto have hereunto affixed their corporate seals, attested by the
hands of their authorized officers.
SIGNED, SEALED & DELIVERED
557351 ONTARIO LIMITED
Alfred Maclnnis, President
Kenneth Wilson, Secretary
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Brace Taylor, Clerk
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