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Home My WebLink AboutBy-law 3434/90 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3434/90 Being a by-law to authorize the execution of an Agreement to amend the Subdivision Agreement respecting the development of Block 37, Plan 40M-1600, Picketing (Garthwood Homes Limited). WHEREAS, pursuant to section 50(6) of the Planning Act 1983, S.O. 1983, chapter 1, The Corporation of the Town of Picketing entered into a Subdivision Agreement dated December 19, 1988, with Garthwood Homes Limited, respecting Plan 40M-1600, which Agreement requires amendment to provide for the development of Block 37, Plan 40M-1600, Picketing; 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 an Agreement, in the form attached hereto as Schedule A, to amend the Subdivision Agreement dated December 19, 1988, between Garthwood Homes Limited and The Corporation of the Town of Picketing respecting Plan 40M-1600, in order to provide for the development of Block 37, Plan 40M-1600, Picketing. BY-LAW read a first, second and third time and finally passed this 19th day of March, 1990. Wayne Ar,fl, furs, Mayor THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO, 3434/90 Being a by-law to authorize the execution of an Agreement to amend the Subdivision Agreement respecting the development of Block 37, Plan 40M-1600, Pickering (Garthwood Homes Limited). WHEREAS, pursuant to section 50(6) of the Planning Act 1983, S.O. 1983, chapter 1, The Corporation of the Town of Picketing entered into a Subdivision Agreement dated December 19, 1988, with Garthwood Homes Limited, respecting Plan 40M-1600, which Agreement requires amendment to provide for the development of Block 37, Plan 40M-1600, Pickering; 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 an Agreement, in the form attached hereto as Schedule A, to amend the Subdivision Agreement dated December 19, 1988, between Garthwood Homes Limited and The Corporation of the Town of Pickering respecting Plan 40M-1600, in order to provide for the development of Block 37, Plan 40M-1600, Pickering. BY-LAW read a first, second and third time and finally passed this 19th day of March, 1990. Wayne Ar~h~urs, Mayor Tayi f SCHEDULE A THIS AGREEMENT made this 19th day of March, 1990. BETWEEN: GARTHWOOD HOMES LIMITED herein 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 is the owner of Block 37, Plan 40M-1600, Picketing, which Block is designated as a released future development block in the Agreement dated December 19, 1988, between the Owner and the Town, Notice of which was registered June 1, 1989, as Instrument LT451385; and WHEREAS that Block was initially released for development in conjunction with part of Block 21, Plan 40M-1423, Pickering, to support one dwelling unit but is now to be released for development in conjunction with that Block to support two dwelling units (A 30/89) ~ NOW THEREFORE, this Agreement witnesseth that, in consideration of the Town amending the future development restriction on Block 37, Plan 40M-1600, Picketing, the Owner agrees with the Town as follows: 1. The lands affected by this Agreement (hereinafter called the "Lands") are Block 37, Plan 40M-1600, Picketing. 2. In this Agreement, the term "Subdivision Agreement" means the Agreement dated December 19, 1988,' between the Owner and the Town, Notice of which was registered June 1, 1989 as Instrument No. LT451385. 3. (1) Time shall be of the essence of this Agreement. (2) This Agreement and everything herein contained shall enure to the bene- fit of and be binding upon the Parties hereto, their successors and assigns. 4. The Subdivision Agreement as amended hereby shall continue to apply to the development of the Lands. Prior to the registration of this Agreement, the Owner shall pay to the Town, (a) $35, as an engineering drawing inspection fee; (b) $3,050, unit levy; and (c) $1,838, parkland contribution. 6. Prior to the registration of this Agreement, the Owner shall provide to the Town an increase of $2,000 in the amount of its performance and maintenance security o 7. Prior to the registration of this Agreement, the Owner shall submit to the appropriate Town authority, and receive that authority's approval to, (a) revisions or additions to the approved storm drainage system drawings to provide for the drainage of the Lands and that part of Block 21, Plan 40M-1423, Picketing, adjacent thereto~ (b) revisions and additions to the approved Grading Control Plan to provide for the grading of the Lands and that part of Block 21, Plan 40M-1423, Picketing, adjacent thereto~ (c) its design planning report for the Lands and that part of Block 21, Plan 40M-1423, Picketing, adjacent thereto$ (d) revisions and additions to the approved landscaping plan to provide for the landscaping of the Lands and that part of Block 21, Plan 40M-1423, Picketing, adjacent thereto; (e) revisions and additions to the Tree Preservation Program to provide for the preservation of trees on the Lands and that part of Block Il, Plan 40M-1423, Picketing, adjacent thereto. 8. Despite section 26(1) of the Subdivision Agreement, no building permit shall be issued for any building or part of a building on the Lands and that part of ]3lock 21, Plan 40M-1423, Picketing, adjacent thereto until this Agreement is registered on title to the Lands by the Town. 9. Section 28 of the. Subdivision Agreement shall apply only to the first dwelling unit to be erected on the Lands. 10. (1) Sections 33(1) and 33(4) of the Subdivision Agreement are hereby amend- ed by deleting the number "43" from each and substituting the number "44" for it in each. (2) Section 33(4) is hereby further amended by deleting the amount "$100" therefrom and substituting the amount "$150" for it. 11. Item 4 of the Table in Section 5(1) of Schedule A to the Subdivision Agreement is hereby deleted and the' following substituted for it: 4. Block 37 Block 21, Plan 40M-1423 (Part) 2 12. (1) Section 6(1) of Schedule A of the Subdivision Agreement is hereby delet- ed and the following substituted for it: (1) In the event that more than 44 units (one each on the lands described in Items 1, 2, 3 and 5 of the Table in section § of this Schedule, one each on Lots 3 to 10 and 14 to 33, two each on Lots 1 and 2 and 11 to 13, and two on the lands described in Item 4 of the Table in section 5 of this Schedule) are to be constructed in this plan pursuant to this Agreement, as amended by agreement dated March 19, 1990, a further amendment to this Agreement shall be required. (2) Section 6(2) of that Schedule is hereby amended by deleting the number "43~ therefrom and substituting the number "44" for it. 13. If not registered on or before December 31, 1990, this Agreement shall be null and void and of no further effect and any monies paid hereunder by the Owner to the Town shall be returned by the Town without interest. IN WITNESS WHEREOF, the Owner and the Town have hereunto affixed their corpo- rate seals attested to by the hands of their proper authorized officers. SIGNED, SEALED & DELIVERED GARTHWOOD ttOMES LIMITED THE CORPORATION OF THE TOWN OF PICKERING ~-'~yne~'r~hurs, Mayor Bruce Taylor,' Clerk 22, CONCESSION 2 46 .BLOCK 4.0 ~ ," ooo~ ~- ~-o,.x ~ AREA:O.OOff,4ho AREA:OOII2ho ~ SEE DETA~LA' ' ' AREA:o.o~6h~ ~9 ." BLOCK s~ o 201860 '~ ~2 O0~ _? ~ _ / 32 000 ~ B~CK 38 ~EA ~ )~3~' f OO , ~ 18 17 ~ 16 - ~ o . ~ "33 :~o BLOCK37 N' 72 o EST (0 3 RESERVE) ~ F'CRNCLIFF , o ~ , }C~4~ %~, ~LOCK41~ ~ ,J '"~h~''~, '0'0"4:.: ~r~ ~ < = ~ ~" The Town of Pickering [t ~ ~ DEPARTMENT - ~ LEGAL ,o Garthwood Homes ) -'- L ~_ - Future Development Block 37 - Plan 40M-1600, Pickering