HomeMy WebLinkAboutBy-law 2820/88 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2820 /88
Being a by-law to authorize the execution of a
Development Agreement respecting Part Lot 18,
Concession 2, Pickering (Wilde; formerly Morgan;
A 56/87).
WHEREAS, as a condition of the approval of Zoning By-law Amendment Application
A 56/87, the owner of Part Lot 18, Concession 2, Picketing, is required to enter into
an appropriate Development Agreement, pursuant to the provisions of sections 34 and
40 of the Planning Act, 1983, S.O. 1983, c.1;
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 Agree-
ment between The Corporation of the Town of Pickering and Wilfred and
Marianne Wilde, in the form attached hereto as Schedule A, respecting the
development of Part Lot 18, Concession 2, Picketing, (Wilde, formerly Morgan;
A 56/87).
BY-LAW read a first, second and third time and finally passed this 20th day of June,
1988.
~o~in E. ~rl~dei-§on,
TOWN OF
PICKER~NG
APPROVED
AS TO FORM
:LEGAL DEP¥.
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2820 /88
Being a by-law to authorize the execution of a
Development Agreement respecting Part Lot 18,
Concession 2, Picketing (Wilde; formerly Morgan;
A 56/87).
WHEREAS, as a condition of the approval of Zoning By-law Amendment Application
A 56/87, the owner of Part Lot 18, Concession 2, Picketing, is required to enter into
an appropriate Development Agreement, pursuant to the provisions of sections 34 and
40 of the Planning Act, 1983, S.O. 1983, c.1;
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 Agree-
ment between The Corporation of the Town of Pickering and Wilfred and
Marianne Wilde, in the form attached hereto as Schedule A, respecting the
development of Part Lot 18, Concession 2, Pickering, (Wilde, formerly Morgan;
A 56/87).
BY-LAW read a first, second and third time and finally passed this 20th day of June,
1988.
n E. ~kr~de{'§on,
Bruce Taylor f/Cle~k
TOWN OF
PICKER~NG
APPROVEO
AS TO FORM
LEGAL DEPF,
Schedule A
THIS AGREEMENT made this 20th day of June, 1988.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
herein called the "Town"
OF THE FIRST PART,
- and -
WILFRED WILDE
and
MARIANNE WILDE
herein collectively called the "Owner"
OF THE SECOND PART.
WHEREAS the Owner herein is the registered owner, in fee simple, of the lands
affected hereby; and
WHEREAS pursuant to the provisions of the predecessor of section 40 of the Planning
Act, R.S.O. 1980, chapter 379, the Council of The Corporation of the Town of
Picketing enacted By-Law 1079/80 on January 21st, 1980, designating the whole of the
area of the Town of Picketing as a site plan control area including the lands affected
hereby; and
WHEREAS the lands affected hereby were the subject of Zoning By-law Amendment
Application A 56/8?, a condition of the approval of which is that the Owner enter into
a Development Agreement with the Town respecting site plan control and other mat-
ters;
NOW THEREFORE, THIS AGREEMENT WITNESSETH that in consideration of mutual
benefits, the Parties hereto agree as follows:
1. The lands and premises affected by this Agreement (herein called the "Lands")
are that part of Lot 18, Concession Z, Picketing, more particularly described as
follows:
PREMISING that the bearing of the Westerly limit of the said Lot 18 is North 17
degrees 27 minutes west and relating all bearings used herein thereto;
COMMENCING at a point in the westerly limit of the said Lot 18, distant Z,183
feet 1 inch measured northerly along said westerly limit from the southwest
angle of the said Lot 18;
THENCE North 17 degrees 2? minutes west, along said westerly limit 93 feet:
THENCE North 70 degrees 34 minutes East along the northerly limit of the lands
described in Instrument No. 24599, Picketing, a distance of 200 feet;
THENCE South 17 degrees 26 minutes East, a distance of 104 feet;
THENCE South 73 degrees 43 minutes West a distance of 200 feet more or less
to the point of commencement.
As described in Instrument No. D213006.
2. No development, including redevelopment, shall be undertaken on the Lands
except in conformity with this Agreement and with the following plans and
drawings (herein collectively called the "Plans");
(a) Drawing #
(b) Drawing #
(c) Drawing #
prepared by
3. The Owner shall maintain, in conformity with the Plans, to the Town's satisfac-
tion and at the sole risk and expense of the Owner, all of the facilities and
works that are both shown on the Plans and located on the Lands, and shall
ensure the timely removal of snow from access ramps, driveways~ parking and
loading areas, and walkways.
4. For the purpose of guaranteeing the installation and maintenance for one year
thereafter, by the Owner, of the facilities and works required to be maintained'
under section 3, above, the Owner shall provide to the Town, prior to the
issuance of a building permit, a security in the form of an irrevocable letter of
credit issued by a chartered bank in Canada in the amount of $ which
security may be drawn upon by the Town in such amounts, and at such times
as the Town, in its sole discretion, deems advisable, should the Owner fail to
install and maintain for one year thereafter the said facilities or works to the
Town's satisfaction.
5. The persons comprising the Owner jointly and severally agree to pay to the
Town, on or before June 30, 1989, the sum of $5,000.00 in consideration of the
Town waiving its requirement that the Owner construct and install a sidewalk
on the east side of Brock Road across the frontage of the Lands.
6. This Agreement shall enure to the benefit of and be binding upon the Parties
hereto and their respective heirs, executors, successors and assigns.
IN WITNESS WHEREOF the persons comprising the Owner have hereunto affixed their
hands and seals, and the Town has hereunto affixed it corporate seal duly attested
by its proper authorized officers.
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
John E. Anderson, Mayor
Bruce Taylor, Clerk
In the presence of
Wilfred Wilde
Marianne Wilde
-2-
ENCUMBRANCER
This Agreement shall have priority over and take precedence over ali of the
Encumbrancer's rights or interests, whether or not any such right or interest was
established or arose prior to the date hereof and whether or not such right or inter-
est 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 o
Dated at this day of , 1988.
SIGNED, SEALED & DELIVERED
CANADIAN IMPERIAL BANK OF COMMERCE
- 3 -
I
·
__ SU~L~T
I
I
I
I
I
I
!
I
I
!
The Town of Pickering
LEGAL DEPARTMENT
Wilde, .'~. ~
Part I,ot l~, Con. 2, Pickerin~
- Develoo~ent A~reement