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HomeMy WebLinkAboutBy-law 3501/90 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO, 3~01/~) Being a by-law to authorize the execution of Subdivision Amending ~4greements between Bramalea Limited and the Town providing for the development of Block 113, Plan 40M-1473 and Block 29, Plan 40M-1567, Pickenng (Brarnalea Limited/Cougs Investments Ltd.) WHERE. AS, pursua.nt..to By-law 3480/9.0, The Corporati.on of the Town of Picketing has entered into a Subdivision Agreement vnth Bramalea Limited respecting the development of Draft Plan 18T-88015 and affecting the development of Block 113, Plan 40M-1473, Picketing and Block 29, Plan 4.0M-1567, Picketing, rendering it necessary to amend existing Subdivision Agreements entered into pursuant to the Planning Act 1983, S.O. 1983, chapter 1, section 50(6), affecting those, blocks; 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) a Subdivision Amending Agreement in the form attached hereto as Schedule A between Bramalea Limited and The Corporation of the Town of Picketing respecting the development of Block 113, Plan 40M-1473, Pickering; and (b) a Subdivision Amending Agreement in the form attached hereto as Schedule B between Bramalea Limited (as successor to Cougs Investments Ltd.) and The Corporation of the Town of Pickering respecting the development of Block 29, Plan 40M- 1567, Picketing. BY-LAW read a first, second and third time and finally passed this 25th day of June, 1990. THE CORPORATION OF THE TOWN OF PI(2KERING By-LAW NO, 3~o~/90 Being a by-law to authorize the execution of Subdivision Amending Agreements between Bramalea Limited and the Town providing for the development of Block 113, Plan 40M-1473 and Block 29, Plan 40M-1567, Pickering (Bramalea Limited/Cougs Investments Ltd.) WHEREAS, pursuant to By-law 3480/90, The Corporation of the Town of Picketing has entered into a Subdivision Agreement with Bramalea Limited respecting the development of Draft Plan 18T-88015 and affecting the development of Block 113, Plan 40M-1473, Picketing and Block 29, Plan 40M-1567, Picketing, rendering it necessary to amend existing Subdivision Agreements entered into pursuant to the Planning Act 1983, SO. 1983, chapter 1, section 50(6), affecting those blocks; 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) a Subdivision Amending Agreement in the form attached hereto as Schedule A between Bramalea Limited and The Corporation of the Town of Picketing respecting the development of Block 113, Plan 40M-1473, Pickering; and (b) a Subdivision Amending Agreement in the form attached hereto as Schedule B between Bramalea Limited (as successor to Cougs Investments Ltd.) and The Corporation of the Town of Pickering respecting the development of Block 29, Plan 40M-1567, Picketing. BY-LAW read a first, second and third time and finally passed this 25th day of June, 1990. Way e TOWN C:F PICKERING .6.4 O~'° _ The Town of Pickering LEGAL DEPARTMENT ' Bramalea Limited 40M-1473/ Cougs Investments Ltd. 40M-1567 - Future Develol~ent Blocks "-j I ~-"~ ~!: ~-- '~ ' ' ~--- _ .-.. I! . . ~" ! I .~ : Ililll l!! ~ ~,~ ~ ~ lhe Town of ' Ii LEGAL DEPARTMENT , I Br~ea L~ 4~M-1473 ' ~gs Inves~ L~. 40M-1567 - ~t~e ~velo~t Bl~s SCI-IEIXJ'I-E A THIS AMENDING AGREEMENT made June 25, 1990, BETWEEN: BRAMALEA LIMITED herein called the "Owner" OF THE FIRST PART, - and - THE CORPORATION 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 February 2, 1987, (Notice of which was registered July 3, 1987, as Instrument No. LT335613) respecting the subdivision of that part of Lots 29 and 30, Concession 1, Pickering, included in Region of Durham Draft Plan Number 18T-83022 (Revised); and WHEREAS part of that draft plan was registered on May 15, 1987, as Plan 40M-1473, Pickering; and WHEREAS that Subdivision Agreement was amended by subsequent agreement between the Owner and the Town dated August 2, 1988 (Notice of which was registered January 11, 1989, as Instrument No. LT427565); and WHEREAS it is necessary to amend that Subdivision Agreement again in order to provide for the development of Block 113, Plan 40M-1473, Pickering, in conjunction with abutting lands; 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: 1. The lands affected by this Agreement (herein called the "Lands") are Block 113, Plan 40M-1473, Picketing. 2. In this Agreement, "Amended Subdivision Agreement" means the Subdivision Agreement between the Owner and the Town dated February 2, 1987, (Notice of which was registered July 3, 1987, as Instrument No. LT335613), as amended by the Amending Agreement between the Owner and the Town dated August 2, 1988 (Notice of which was registered January 11, 1989, as Instrument No. LT427565). 3. The Owner and the Town acknowledge and agree that they are bound by the terms and conditions of the Amended Subdivision Agreement and shall continue to be bound by it, as further amended hereby. 4. (1) Section 5(1) of Schedule A to the Amended Subdivision Agreement is further amended by deleting the phrase "106 and 107~ from the first line and substituting the phrase "106, 107 and 113" for it. (2) Section 5(2) of Schedule A to the Amended Subdivision Agreement is further amended by deleting the phrase "108, 109, 110 and 113" from the second line and substituting the phrase "108, 109 and 110" for it. 5. Section 6 of Schedule A to the Amended Subdivision Agreement is deleted from it. IN WITNESS WHEREOF, the parties hereto have hereunto affixed their corporate seals, attested by the hands of their authorized officers. SIGNED, SEALED & DELIVERED BRAMALEA LIMITED THE CORPORATION OF THE TOWN OF PICKERING Wayne Artburs, Mayor Bruce Taylor, Clerk -2- THIS AMENDING AGREEMENT made June 25, 1990, BETWEEN: BRAMALEA LIMITED herein called the "Owner" OF THE FIRST PART, o and - THE CORPORATION QF THE TQWN OF PICKERING herein called the "Town" OF THE SECOND PART. WHEREAS the Owner is the successor to Cougs Investments Ltd. (herein called "Cougs") in respect of the title to the lands affected hereby; and WHEREAS Cougs and the Town entered into a Subdivision Agreement dated June 6, 1988 (Notice of which was registered December 2, 1988, as Instrument No. LT422350), respecting the subdivision of that l~art of Lot 30, Concession 1, Picketing, included in Region of Durham Draft Plan Number 18T-87051; and WHEREAS that draft plan was registered on November 1, 1988, as Plan 40M-1567, Picketing; and WHEREAS that Subdivision Agreement. was amended by subsequent agreement between Cougs and the Town dated June 19, 1989 (Not~ce of which was registered July 14, 1989, as Instrument No. LT458994); and WHEREAS it is necessary to amend that Subdivision Agreement again in order to provide for the development of Block 29, Plan 40M-1567, Picketing, in conjunction with abutting lands; 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: 1. The lands affected by this Agreement (herein called the "Lands") are Block 29, Plan 40M-1567, Picketing. 2. In this Agreement, "Amended Subdivision Agreement" means the Subdivision Agreement between the Owner and the Town dated June 6, 1988 (Notice of which was registered December 2, 1988, as Instrument No. LT422350), as amended by the Amending Agreement between the Owner and the Town dated June 19, 1989 (Notice of which was registered July 14, 1989, as Instrument No. LT458994). 3. The ..Owner and the Town acknowledge and agree that they are bound by the terms and conditions of the Amended Subdivision Agreement and shall continue to be bound by it, as further amended hereby. 4. Sections 4(1) and 4(2) of Schedule A to the Amended Subdivision Agreement are further amended by deleting the phrase "29 and" from the first line of each section. IN WITNESS WHEREOF, the parties hereto have hereunto a~xed their corporate seals, attested by the hands of their authorized officers. SIGNED, SEALED & DELIVERED BRAMA!.~A LIMITED THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk -1-