HomeMy WebLinkAboutBy-law 1961/85THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1961 /85
Being a by-law to authorize the execution of a
Postponement Agreement between Eaton Bay Trust
Company and the Corporation of the Town of
Picketing respecting a Development Agreement
between Braukmann Building Corporation and the
Town concerning Part Lots 21 and 22, Concession
1, Picketing (Parts 1 and 2, Plan 40R-6033)
WHEREAS as a condition of approval of Zoning By-Law Amendment Application A 1/84,
Braukmann Building Corporation is required to enter into an Agreement with the
Town with respect to the provision of direct pedestrian access routes linking those
parts of Lots 21 and 22, Concession 1, designated as Parts 1 and 2, Plan 40R-6033
with the Picketing GO Train Station; and
WHEREAS, pursuant to the provisions of section 40(6)(c) of the Planning Act, R.S.O.
1980, chapter 379, the Town has entered into an Agreement with Braukmann Building
Corporation for this purpose; and
NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY
ENACTS AS FOLLOWS:
The Mayor and Clerk are hereby authorized to execute a Postponement Agree-
ment between Eaton Bay Trust Company and the Corporation of the Town of
Picketing respecting a Development Agreement between Braukmann Building
Corporation and the Town concerning Part Lots 21 and 22, Concession l,
Picketing (Parts 1 and 2, Plan 40R-6033).
BY-LAW read a first, second and third time and finally passed this 2]st day of
January, 1985.
N~ay6r -(Acting)
Cle?k /
TOV, N OF
p!CKiLRING
AS l0 FORUM
L£GAt. DEPT.
THIS AGREEMENT made January 21st, 1985.
BETWEEN:
THE CORPORATION OF THE TOWN OF PIGKERING
herein referred to as the "Town".
OF THE FIRST PART,
EATON BAY TRUST COMPANY
herein referred to as "Eaton Bay",
OF THE SECOND PART.
WHEREAS, by Mortgage dated May 25th, 1983, and registered in the Land Registry
Office for the Land Registry Division of Durham (No. 40) as Instrument No. D161626
on August 5th, 1983, the owner of the lands affected hereby, i.e. Braukmann Build-
ing Corporation, herein referred to as "Braukmann", granted and mortgaged those
lands to Eaton Bay; and
WHEREAS, by Agreement dated January 21st, 1985, and registered in that Office as
Instrument No. on , 1985, Braukmann agreed, as a
condition of the approval of Zoning By-law Amendment Application A 1/84, to the
provision of direct pedestrian access routes linking the lands with the Picketing Go
Train Station; and
WHEREAS the Town and Eaton Bay agree that that Agreement shall be prior to that
Mortgage;
NOW THEREFORE, THIS AGREEMENT WITNESSETH that, in consideration of the sum
of Two Dollars, now paid by each to the other, receipt of which by each is hereby
acknowledged, the Town and Eaton Bay agree as follows:
The lands affected by this Agreement, herein referred to as the "lands", are
those lands more particularly described in Schedule A hereto.
The agreement dated January glst, 1985, between the Town and Braukmann,
which agreement was registered in the Land Registry Office for the Land Regis-
try Division of Durham (No. 40) on , 1985, as Instrument
No., shall be a prior encumbrance upon the lands to the Mort-
gage dated May 25th, 1983, and registered in that Office on August 5th, 1983,
as Instrument No. D161626, and shall have priority over and take precedence
over any right or interest of Eaton Bay in the lands arising from that Mort-
gage, whether or not any such right or interest was established or arose prior
to the date hereof.
3. This Agreement and everything herein contained shall enure to the benefit and
be binding upon the Parties hereto, their successors and assigns.
IN WITNESS WHEREOF, the Parties hereto have hereunto affixed their corporate
seals, attested to by the hands of their proper authorized officers.
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
Clerk
EATON BAY TRUST COMPANY
SCHEDULE A
ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying
and being in the Town of Picketing, in the Regional Municipality of Durham and
Province of Ontario and being composed of parts of Lots 21 and 22, Concession 1, in
the said Town of Picketing, designated as Parts 1 and 2 on a plan deposited in the
Land Registry O~fice for the Registry Division of Durham (No. 40) as Plan 40R-6033;
AS DESCRIBED in Instrument No. D177751;
SUBJECT to an easement over Part 2 on the said plan upon the terms of an Instru-
ment registered in the said Land Registry Office as No. D14562.