HomeMy WebLinkAboutBy-law 4277/93 TIF!E CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 4277/93
Being a by-law to authorize the execution of a
Development Agreement respecting development
restrictions on Part Lot 106, Plan 350, Pickering (Part
4, Plan 40R-14675) [Gilmour; LDI$0/92]
WHEREAS, pursuant to section 51 of the Planning Act, R.S.O. 1990, chapter P.13, The Corporation of
the Town of Picketing requires John Travers Gilmour and Ruth Allison Oilmour, the owners of the
lands to be severed pursuant to Regional Municipality of Durham Land Division Committee Decision
LD130/92 (that part of Lot 106, Plan 350, Picketing, designated as Part 4, Plan 40R-14675) to enter into
a Development Agreement to provide for the restricted development thereof with adjacent lands (part of
Lot 107, Plan 350, Pickering [Part 1, Plan 40R-14675]) or pursuant to a future subdivision plan;
NOW THEREFORE, the Council of The Corporation of the Town of Picketing 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, among John Travers Gilmour, Ruth Allison Gilmour and The
Corporation of the Town of Picketing respecting the restricted development of that part of Lot
106, Plan 350, Pickering, designated as Part 4, Plan 40R-14675.
BY-LAW read a first, second and third time and finally passed this 28th day of June, 1993.
Clerk
TOWN OF
APPROVED
AS TO
Lr ......
SCI-IEIJ. JI_~ A
THIS DEVELOPMENT AGREEMENT made June 28, 1993, pursuant to the provisions of section 51 of
the Planning Act, R.S.O. 1990, chapter P.13,
BETWEEN:
JOHN TRAVERS GILMOUR
and
RUTH ALLISON GILMOUR
herein collectively called the "Owner"
OF THE FIRST PART,
THE CORPORATION OF THE TOWN OF PICKERING
herein called the "Town"
OF THE SECOND PART.
WHEREAS the Owner proposes to sever that part of Lot 106, Plan 350, Picketing, designated as Part 4,
Plan 40R-14675, and to consolidate it with that part of Lot 107, Plan 350, Pickering, designated as Part
1, Plan 40R-14675, and is required, as a condition of the approval thereof by the Region of Durham
Land Division Committee (Decision LD130/92), to satisfy the requirements of the Town; and
WHEREAS the requirements of the Town include the entering into of this Agreement to ensure that the
lands to be severed are developed only in conjunction with adjacent lands in accordance with the
provisions of the Planning Act, R.S.O. 1990, chapter P. 13, as amended from time to time, or any
successor thereto;
NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT, in consideration of the Town
issuing its advice to the Region of Durham Land Division Committee that Condition 2 of that
Committee's Decision LD130/92 has been carried out to the Town's satisfaction, and the covenants
hereinafter expressed, the Parties hereto covenant and agree one with the other as follows:
1, LAND AFFECTED
The land affected by this Agreement (the "Land") is that pan of Lot 106, Plan 350, in the Town
of Pickering in the Regional Municipality of Durham designated as Part 4, Plan 40R- 14675.
2. INTERPRETATION
(1) This Agreement shall be read with such changes of number or gender as the context
requires.
(2) Time shall be of the essence of this Agreement.
3. BINDING pARTIF~
This Agreement shall be enforceable by and against the Parties hereto, their heirs, executors,
administrators, successors and assigns, and the Agreement and all the covenants by the Owner
contained herein shall mn with the Lands for the benefit of the Town and the land or interests in
land owned by the Town upon the registration of the Agreement.
4. NOTICE
(1) Any notice given for the purposes of this Agreement may be giv~n by personal delivery
or registered mail,
(a) in the case of the Owner, to
John Travers Gilmour or Ruth Allison Gilmour
469 Oakwood Drive
Pickering, Ontario
LIW 2M8
and
(b) in the case of the Town, to
The Town Clerk
The Corporation of the Town of Pickering
Picketing Civic Complex
One The Esplanade
Picketing, Ontario
L1V 6K7
(2) Each Party may redesignate the person or the address, or both, to whom or to which
such notice may be given by giving written notice to the other,
(3) Any notice given in accordance with this section shall be deemed to have been given on
the second day following the day of delivery or the day of mai.ling, as the case may be.
5. RESTRICTED DEVELOPMENT OF THE LAND
No development, as defined in section 41 of the Planning Act, R.S.O. 1990, chapter P. 13, shall
be undertaken by the Owner, or by any person on the Owner's behalf, on any pan of the Land
except,
(a) pursuant to the registration of a plan of subdivision on that part of the Land; or
(b) in conjunction with the development, as def'med in section 41 of the Plannblg Act,
R.S.O. 1990, chapter P.13, of all or part of that part of Lot 107, Plan 350, Picketing,
designated as Part 1, Plan 40R-14675.
6. REGISTERED T1TLE TO THE LAND
The registered title to the Land shall be maintained by the Owner in the same name as the
registered title to that part of Lot 107, Plan 350, Pickering, designated as Part 1, Plan 40R-14675.
7. REGISTRATION OF AGREEMENT
This Agreement may be registered on title to the Land and the Owner shall pay all registration
fees and costs incurred by the Town with respect to such registration.
IN WITNESS WHEREOF the persons comprising the Owner have affLxed their hands and seals and the
Town has hereunto aff'Lxed its corporate seal attested by its authorized officers.
SIGNED, SEALED & DELIVERED
In the presence of
{'Seal)
John Travers Gilmour
(Seal)
Ruth Allison Gilmour
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk