HomeMy WebLinkAboutBy-law 4228/93 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 4228/93
Being a bydaw to authorize the execution of a
Development Agreement and related documentation
respecting the development of Part Lot 18, Concession 2,
Picketing (Drektor Realty Corp. - 18T-87079 [part];
Durham Region Roman Catholic Separate School Board
- LD 92/92).
WHEREAS the proposal to subdivide and register a plan of subdivision of part of Lot 18, Concession 2,
Pickering, has been approved by the Ontario Municipal Board (File S9000009) as Draft Plan
18T-92017, subject to several conditions, one of which requires the entering into of a satisfactory
Subdivision Agreement with The Corporation of the Town of Picketing, pursuant to the provisions of
the Planning Act, R.S.O. 1990, chapter P. 13, section 51 (6); and
WHEREAS a proposal to sever a portion of that Draft Plan for conveyance to The Durham Region
Roman Catholic Separate School Board has been approved by the Regional Municipality of Durham
Land Division Committee (Decision LD 92/92), subject to several conditions, one of which can be
satisfied by the entering into of a satisfactory Development Agreement with The Corporation of the
Town of Picketing, pursuant to the provisions of the Planning Act, R.S.O. 1990, chapter P.13, sections
51(6) and 53(2); and
WHEREAS, pursuant to the provisions of the Municipal Act, R.S.O. 1990, chapter M.45, section
191(1), the Council of The Corporation of the Town of Pickering 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 Pickering HEREBY ENACTS AS
FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute a Development Agreement, in the form
attached hereto as Schedule A, between Drektor Realty Corp./Durham Region Roman Catholic
Separate School Board, The Toronto-Dominion Bank and The Corporation of the Town of
Picketing, respecting the development of those parts of Lot 18, Concession 2, Picker'mg,
designated as Parts 1 and 2, Plan 40R-14642. [Part Draft Plan 18T-87079; LD 92/92]
2. The Corporation of the Town of Picketing shall acquire those lands or interests in lands
referred to in section 3(c) of that Development Agreement subject to the terms and conditions
and for the purposes set out therein.
BY-LAW read a first, second and third time and finally passed this 25th day of May, 1993.
.............. W~yne ~:hu~, Mayor
RTC303
THIS AGREEMENT made May 25, 1993, pursuant to the provisions of section 51 of the Planning Act,
R.S.O. 1990, chapter P.13,
BETWEEN:
DREKTOR REALTY CORP.
herein called "Drektor"
OF THE FIRST PART,
THE DURHAM REGION ROMAN CATHOLIC SEPARATE SCHOOL BOARD
herein called the "School Board"
OF THE SECOND PART,
THE CORPORATION OF THE TOWN OF PICKERING
herein called the "Town"
OF THE THIRD PART,
THE TORONTO-DOM12qION BANK
herein called the "Bank"
OF THE FOURTH PART.
WHEREAS Drektor is the owner of those parts of Lot 18, Concession 2, in the Town of Pickering,
designated as Parts 1 and 2, Plan 40R-14642 (the "Lands") which it proposes to develop by plan of
subdivision (18T-87079) (the "Plan"); and
WHEREAS draft plan approval of the Plan was granted by the Ontario Municipal Board on May 22,
1990 subject to certain conditions set out in Schedule B to the Board's Order, a copy of which is
attached to this Agreement as Schedule A hereto (the "Draft Plan Conditions"); and
WHEREAS, in anticipation of registration of the Plan, Drektor intends to convey part of the Lands
("Block 164" according to the Draft Plan Conditions) to the School Board for ~urposes of,a, school, the
portion to be conveyed being described as Part ., Plan 40R- (the School Site ) and
WHEREAS the Land Division Committee of the Regional Municipality of Durham by Decision LD
092/92, dated May 25, 1992, (the "Consent") granted consent for the severance of the School Site,
subject to certain conditions; and
WHEREAS the Bank holds a f'LrSt mortgage and charge against the Lands, including the School Site;
NOW THEREFORE THIS AGREEMENT WITNESSETH that, in consideration of the Town
concurring in the proposed development and land severance and in consideration of the sum of $2.00
now paid by each Party to each other Party, receipt of which from each is hereby acknowledged by
each, the Parties hereto agree as follows:
1. The lands affected by this Agreement are those parts of Lot 18, Concession 2, in the Town of
Picketing, and the Regional Municipality of Durham designated as Parts I and 2, Plan
40R-14642, save and except Parts ___, and , Plan 40R-
2. Drektor warrants that it is the registered owner of the Lands and hereby consents to the Town
registering Notice of this Agreement on title to the Lands or any part thereof.
3. The conditions of the Consent require that prior to the transfer to the Board of the School Site
the following transfers shall be provided by Drektor, free and clear of all encumbrances and at
no cost to the transferee:
(a) that part of the Lands designated as Part __, Plan 40R- , to the Regional
Municipality of Durham for road widening purposes ("Block 173" in the Draft Plan
Conditions);
(b) that part of the Lands designated as Part , Plan 40R- , to the Regional
Municipality of Durham as a reserve ("Block 174" in the Draft Plan Conditions); and
(c) that part of the Lands designated as Part __~, Plan 40R-_ ., to the Town as a
park ("Block 165" in the Draft Plan Conditions).
4. The Town acknowledges that,
(a) the registration of the transfer in clause 3(a) above shall in part satisfy Draft Plan
Condition 4;
(b) the registration of the transfer in clause 3(b) above shall in part satisfy Draft Plan
Condition 6; and
(c) the registration of the transfer in subparagraph 3(c) above shall satisfy Draft Plan
Condition 8.
5. The School Board acknowledges that the registration of the transfer to it of the School Site
satisfy Draft Plan Conditions 25, 26, 27, 28, 29 and 32(c).
6. (1) The School Board acknowledges Draft Plan Conditions 9, 11, 18, 19, 20, 24 and 28, and
further acknowledges that these Draft Plan Conditions subsist in respect of the School
Site and agrees to observe them.
(2) The School Board further acknowledges that Draft Plan Conditions 18 and 19 require
subdivision agreements to which the School Board will have to be a party insofar as the
School Site is a part of the Lands to which the Plan applies and the transfer of the
School Site to the School Board prior to registration of the Plan is an accommodation to
the School Board.
(3) In developing the School Site, the School Board shall be required to conform to,
(a) the site plan approval process of the Town pursuant to section 41 of the
Planning Act, R.S.O. 1990, chapter P.13, without which no building permit can
be issued;
(b) the Draft Plan Conditions insofar as they affect the School Site; and
(c) the subdivision agreements referred to in subsection (2) above, insofar as they
affect the School Site.
7. (I) Drektor acknowledges that, notwithstanding the transfer of the School Site to the
School Board and the transfers to the Regional Municipality of Durham and the Town
described in section 3 above, all Draft Plan Conditions (save and except those
specifically acknowledged in sections 4 and 5 above to be satisfied) remain valid and
binding and yet to be satisfied by it in respect of its Plan.
(2) Drektor further acknowledges that those remaining applicable Draft Plan Conditions
subsist and remain unaltered and unaffected by the transfer of the School Site and the
transfers to the Regional Municipality of Durham and the Town described in section 3
above.
(3) To register its Plan, Drektor agrees to satisfy the remaining applicable Draft Plan
Conditions.
8. The Bank concurs with the agreements of the other Parties and agrees that the Town may
register this Agreement pursuant to section 2.
2
9. (1) Any notice given hereunder may be given by personal delivery or by registered mail
addressed to the other panics at:
In the case of Drektor:
In the case of the Board:
In the case of the Town:
The Town Clerk
The Corporation of the Town of Picketing
Pickering Civic Complex
One The Esplanade
Picketing, Ontario
L1V 6K7
In the case of the Bank:
and shall be effective if personally delivered, as of the day immediately following the
day of delivexy and ff mailed, as of the fifth day immediately following the date of the
deposit thereof in the post office.
(2) Any party may change the person to whom or the address at which, or both, such notice
may be given by giving notice of such change to the other parties in accordance with
subsection (!) above.
10. (1) Time shall be of the essence of this Agreement.
(2) This Agreement and everything herein contained shall enure to the benefit of and be
binding upon the parties hereto, their successors and assigns.
IN WITNESS WHEREOF the Parties herein have hereunto affixed their respective corporate seals,
attested to by the hands of their proper authorized officers.
SIGNED, SEALED & DELIVERED
DREKTOR REALTY CORP.
THE DURHAM REGION ROMAN CATHOLIC SCHOOL
BOARD
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
THE TORONTO-DOMINION BANK
4
S(~EDULEA
~'__~ S 9000009
Ontsrio
Onlarlo Municipal Board
Commission des a~aires municipales de rOnlario
IN T~E MATTgR OF Section .50(15) of
the Plsnnina Act, 1983
AND IN THE HATT£R OF & referral to
this Board by the Regional
Municipality of Durham on request by
the Durham Board of Education for
consideration Of a proposed Plan of
Subdivision of lands comprising part
of Lot 18, Concession 2, in the Town
of Pickering
Region's File No. 18T-87079
B E FORE ~
K.D. BiNDHARDT
Member
Tuesday, the 22nd day of
- and -
~sy, 1990
N.M. KATARY .,
Member
THIS MATTER having come on for public hearing this day and after the
hearing;
THE BOARD ORDERS that this plan of subdivision of lands comprising
part of Lot 18, Concession 2, in the Town of Picketing as set out
in Schedule 'A' is hereby draft approved subject to the fulfllmen=
of the conditions as set out in Schedule 'B' and the issuance of the
Board's final Order.
ENT[R[D
O. B. IIo...~O.i..! ..........
Folio tic .... ] ................
SECRETARY . MAY E ~ 1990
Onlario
Onlnrio M~nl¢lpnl Bo~trd
10 'the' 6rder ~f'" :'
Ihe Ontario Munic;pal Board
made on
1. That this approval applies to draft plan of subdlvlslon 18T-BT079~ prepared
by Ualone Given Parsons Ltd.~ identified as Job number B6062, revised and
dated Hay 25~ 1989, ~hlch is revised In red ~s per attached plea showing 160
block for a walkw~y~ 3 blocks for future residential development In
conjunction ~tth adjacent lands and various road widenings and reserves.
2. That the road allovances Included In this draft plan shall be dedicated es
publlc highways.
That the road allovences Included In thls draft'plan shall be. named to the
satisfaction of the Region of Durham and the Town of Plckerlng.
4. That Blocks 162, 163 end I?~, as shown on the draft plan, 'shall be dedicated
es public highways for the purposes of ~Idening Rossland Road and Brock
Road.
That 0.3 metre reserves, sho~n es Blocks 170 and 171, shall be conveyed to
the To~n of Picketing.
6. That 0.~05 metre reserve, shown ~s Block 174~ shall be co~veyed, free and
clear of all encumbren~es~ to the Regional Hunlclpal.lty of Durham.
7. That Block 16g shall be conveyed to the To~n.of Plckerlng as · public
~alkway.
8. That the O~nars shall convey land to the To~n of Plckerlng for park or other
public recreational purposes In accordance ~lth The Planning Act, 1985.
Alternatlvely~ the municipality may accept cash-in-lieu of such conveyance,
g. That such easements as may be £equired for utilities, gradlng~ drainage end
servicing purposes shall be granted to the appropriate authority.
lO. That the uses shown on the approved draft plan shall be zoned In an
appropriate zoning by-la~ passed by the Council of 1he Town of Pickerlng In
effect in accordance ulth The Planning ^ct~ lg8~.
I1. That prior to final registration of the plan of subdivision, or any on-site
reports descrlblngt
a) the manner tn which storm~ater vi'Il'be con~eyed from ~e site, Including
wllh the provlnclal "Urban Drainage Design Guldellnes#~ April 1~87~
1he provinclal "$ul~el~es on £roslon and Sediment Cont~o~ for Urban
ConstruCtion Sites", ~.~ey 1967;
d) site soil cond;tions, Inclu¢Ing gre;n sl~e dlstrlbut~on profiles; and
e) s~te gra~n~
Ig. l~t the O~nere sh~ll provide for the extension of such sanitary sever and
~ter supply facilities which ere external to, as ~ell as ~ithln the limits
of ~he plan ~,~ich are required to service such plan, In ~d~Jtlon, the O~ners
s~li provJ~e for ~he extension of senltary se~er and ~eter supply facilities
.~tnln the I;mits oJ the pTan ~hich ere required to service other
supply ~acJ~tles are to be ~esIgned end constructed es per the standards and
requirements of ~he ~eg~onal ~unIclpallt¥ of Durham; ell errengements~
~he Regional l~un~clpality of Durham and ~re to be completed pr$or to release
of t~e tin~l plan for reg~stratlon. :
I~. That prior to entering Into e subd~¥1slon agreement, the ~eglone$
I~unlclpal~t¥ of Durham shell be satisfied that adequate ~eter pollution
Sub~lvlsion.
14. ]h~t sanitary se~ers and ~ater~Ins shall be designed in accordance with
t~ose standards approYed by the Regional Hunicipellty of Durham.
I~, That~ ~f this subdivision Is to be developed by more th~n one reg~slratlon~
the O~ners shall be required to submit e plan sho~$ng the proposed phasing,
~11 to 1be satisfaction of 1he ~egione~ Huntclpellty of Durham.
16. That any ex~st~ng sanitary or ~ater servlces ~ithln the plen~ vhlch ere
proposed to be relocated, be ~a~nta'lned In fuji servlce unlll such
the new services have been co~pleted end approved by the Regional
HunTclpa~Jty of Durham, and that all costs Incurred Jn re~ocetlng and
a~andon~ng these ~erv~¢es be b~rne by the O~ners..
17. T~at the O~ners provide f~nenclel securitle$~ ~n e ~orm acceptable to
~eg;onal ~un~cTpallty of Durhem~ In the amount of $~00~'000 for the
r~constructlon of any sxlstln§ sanitary se~ers ~hlch ere surcharged by the
18o T~t prior to final approval of the pJen, the O~nere shell satisfy e~l
requirements, f~nanclal end olher~lse, o! the To~n of P~ckerlng. This s~eJl
the O~ners and the To~n of Picketing concerning the provision
)9. That prior to final approval of the plan, the Ovners ~hall setlsfy ell
Calholic Separale School Board for an elementary school sl~e be negotiated
and Included ~ilhin the Subdlvlsioo Agreement.
site for a two-storey school In respect to soil bearing strength,
2?, That the O~ners shall supply the Durham Region Ro~en Cethollc Separate
School Board wlth an engineering dre~lng Indicating the existing End propesed
28. That 1he Owners sh~l! supply and Install a slx-(oot chain-link ~ence
~0, ThEt a road allowance widening of up to 3.0 metres I% ~ldth, to provlde
31. That prior to final approval of thls plan, the O~ner shell submit to
not be built for several }'ears, If at all, end only then If It can be
JustHied to ~he set~sfsct~on of the HIMstry of Education".
· . ~ ~l~e, . --
That prior to approval, the OMarlo ~unlclpel Board shall be advised
final
In
~ritlng by=
a) the Com~lssloner of Planning for.the Regional ~unlclpallty of Durham, ho~
Conditions 1~ 2~ 5, ~ 6, 9~ 12, 1~ 14, 15, 16~ 17~ 19o 20~ 21,
24~ 2g~ ~0, ~1 end ~2(d) h~ve been satisfied.
b) the Town of Plckerlng~ how Condltlons I, 2, ~,.4~ 5, 7, 8~ 9, 10, 18 and
}2 have been sst~sfled.
c)the !~Inistry of t:=tural Resources, ho~ Condltlons lf, ~2{a) and ~21b)
have b~en s~tlsfled.
d)~he Durha~ Separate School 5oard, ho~ Conditlons 2~, 26, 27, 28~ 2g and
~2(c) have been s~tlsfledo