HomeMy WebLinkAboutBy-law 2058/85THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2058 /85
Being a by-law to authorize the execution of an
agreement between 488857 Ontario Limited and The
Corporation of the Town of Picketing for the
acquisition and servicing of parts of Heathside
Crescent and Rambleberry Avenue located in Lots
2-15, 17, 17A, 22-27, Plan 330, Picketing.
WHEREAS, pursuant to the provisions of the Municipal Act, R.S.O. 1980, chapter
302, section 193, the council of a municipal corporation may pass a by-law for the
acquisition of lands required for the purpose of the corporation;
WHEREAS it is necessary to acquire parts of Lots 2-15, 17, 17A, 22-27, Plan 330, for
road purposes, and to provide for the servicing thereof;
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 an agreement in the
form attached hereto as Schedule A between 488857 Ontario Limited and The
Corporation of the Town of Picketing respecting the acquisition and servicing of
part of Lots 2-15, 17, 17A, 22-27, Plan 330, Picketing as public roadway
(Heathside Crescent and Rambleberry Avenue).
BY-LAW read a first, second and third time and finally passed this 2nd day of July,
1985.
Bruce Taylor, ~lerk
TOWI~ OF
PICKEi!ING
AFPROVED
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2058 /85
Being a by-law to authorize the execution of an
agreement between 488857 Ontario Limited and The
Corporation of the Town of Picketing for the
acquisition and servicing of parts of Heathside
Crescent and Rambleberry Avenue located in Lots
2-15, 17, 17A, 22-27, Plan 330, Picketing.
WHEREAS, pursuant to the provisions of the Municipal Act, R.S.O. 1980, chapter
302, section 193, the council of a municipal corporation may pass a by-law for the
acquisition of lands required for the purpose of the corporation;
WHEREAS it is necessary to acquire parts of Lots 2-15, 17, 17A, 22-27, Plan 330, for
road purposes, and to provide for the servicing thereof;
NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY
ENACTS AS FOLLOWS:
The Mayor and Clerk are hereby authorized to execute an agreement in the
form attached hereto as Schedule A between 488857 Ontario Limited and The
Corporation of the Town of Picketing respecting the acquisition and servicing of
part of Lots 2-15, 17, 17A, 22-27, Plan 330, Picketing as public roadway
(Heathside Crescent and Rambleberry Avenue).
BY-LAW read a first, second and third time and finally passed this 2nd day of July,
1985.
Bi~u'c e Taylor, ,,'~l~k
TOWN OF
APPROVED
TO ,F',I N
LEGAL DEPT.
SCHEDULE A TO BY-LAW 20q8/85
PROPOSAL AND AGREEMENT FOR A PUBLIC, SERVICED ROAD IN LOT 26
CONCESSION 1, TOWN OF PICKERING, ALONG PART OR PARTS OF
THE BOUNDARY BETWEEN CONCESSION LOTS 26 AND 25
THIS PROPOSAL AND AGREEMENT is made this 2nd day of July, 1985
BY
488857 ONTARIO INC., a corporation incorporated under the
laws of Ontario (herein sometimes referred to as
the "Owner to the East"),
of the First Part
TO AND WITH
THE CORPORATION OF THE TOWN OF PICKERING
(herein sometimes referred to as the "Town of Picketing"
of the Second Part
PART I: PARTICULARS OF PROPOSAL
The Owner to the East is the owner of certailu lands, being part of
the West Half of Lot 25 in Concession 1 of the former Township of
Pickering, immediately abutting the boundary between Lots 25 and 26
in said Concession l on the East, containing about 82.685 acres and
more particularly described as Part 1 according to Reference Plan
40R-6925 (and herein referred to as the "Lands of the Owner to the
East"), and which the Owner to the East is desirous of developing
as a residential plan of subdivision in accordance with the Official
Plan of the Town of Picketing District Planning Area of the Region
of Durham.
Immediately abutting a portion of the said boundary between Lots 25
and 26 in said Concession 1 on the West are a number of narrow lots
in the East Half of Lot 26 in said Concession 1, fronting on
Appleview Road further to the West, and comprising parts of Lots 2
to 5 inclusive of old Registered Plan 330, and which have been
subdivided by conveyance (and not by registered plan of subdivi-
sion} and are now shown as Lots 2 to 29 inclusive on Registrars
Complied Plan 1051, all being in different ownerships (the owners
thereof being collectively referred to as the "Owners to the West"
and individually as an "Owner to the West" and such subdivided
lands being collectively referred to as the "Lands of the Owners to
the West"), and which the Owners to the West or some of them are
desirous of improving by having public road access and municipal
sewers available at the rear thereof, so as to have at least the
potential, through future severance, of having the present rear or
easterly portions of their respective lots utilized for residential
development in accordance with the Official Plan of the Town of
Picketing District Planning Area of the Region of Durham.
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e
Attached as Schedule "A" to this proposal is a sketch
plan prepared from information contained in Reference
Plan 40R-6925 filed in the Land Registry Office for the
Registry Division of Durham and which shows (i) the
south portion of the Lands of the Owner to the East
lying in the West Half of Concession Lot 25 and
abutting the division line between Concession Lots 26
and 25 on the East, and (ii) the Lands of the Owners to
the West lying in the East Half of Concession Lot 26
and abutting the division line between Concession Lots
26 and 25 on the West, and which further identifies
each individual parcel owned by each individual Owner
to the West by parcel number (2 to 29 inclusive),
instrument number containing its legal description, and
the width of the parcel in metres along its rear
boundary.
This proposal is being made by the Owner to the East to
the Town of Picketing and to the Owners to the West
(with the exception of a few of such Owners to the West
who have definitely indicated their lack of interest
and whose non-participation is not presently considered
fatal to the proposed plan). Attached as Schedule'S'
to this proposal is a copy of the offer which has been
made by the Owner to the East to the Owners to the West
(with certain exceptions as above noted) and which has
to date been accepted by a substantial number of the
Owners to the West.
The proposal ia to provide an improved, paved public
road or segments thereof to be vested in the Town of
Picketing but without any expense to the Town of
Picketing either in acquisition or improvements, in
Concession Lot 26 in and at the rear or easterly end of
the Lands of the Owners to the West (or those who
participate) immediately abutting the division line
between Concession Lots 26 and 25 on the West, with
certain municipal services therein, for the mutual
benefit of the Town of Picketing, those Owners to the
West who choose to participate, and the Owner to the
East. If the proposal can be achieved, it will benefit
the Town of Picketing by providing an improved public
road which is desirable and necessary for improved
access and for the efficient development of the
abutting lands in accordance with the Official Plan,
and it will benefit those Owners to the West who
participate by providing public road access and
municipal services to the rear portions of their
individual parcels, and it will similarly benefit the
Owner to the East by providing road access and services
to any subdivision lots in the lands of the Owner to
the East which may front on such public road.
The feasibility of the proposal will be dependent upon
participation by Owners to the West sufficient in
number and in location to enable a satisfactory road
system to be designed, incorporating and integrating
the intended public road (or segments thereof, where
all the Owners to the West do not participate) on the
Lands of the Owners to the West with public roads to be
provided in the proposed subdivision of the Lands of
the Owner to the East, and connecting to existing road
systems. The proposal is also dependent upon the full
concurrence of the Town of Picketing, draft plan
approval by the Minister of Municipal Affairs and
Housing to a plan of subdivision of the Lands of the
Owner to the East satisfactorly integrating with the
proposed road (or segments thereof which are
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realt=eable) and a number of other necessary conditions
which will be referred to.
Assuming acceptance of this proposal by sufficient of
the Owners to the West to make the proposal feasible in
whole or in part, in the Judgment of the O~ner to the
East, the concurrence of the Town of Picketing and the
fulfilment of other necessary conditions, the O~ner to
the East will design a road system for its proposed
subdivision of the Lands of the O~ner to the East which
will incorporate to the extent feasible such segments
of the proposed road in the Lands of the O~ners to the
West in and along the East boundary of Concession Lot
26 as are available (having regard to which of the
Owners to the West agree to participate). It will be
recognized and understood that the non-participation by
any O~ners to the West may make it impossible or
impracticable to extend the road system proposed
through lands of one or more other Owners to the West
who are themselves willing to participate, and that if
any substantial number of O~ners to the West to not
participate, depending upon their locations, none of
the proposed plan may be feasible.
Where.it is feasible to build segments of the proposed
road in and along the Bast boundary of Concession Lot
26, the participating O~ner to the West through whose
land each portion of such proposed road passes will, by
his participation and acceptance of the offer referred
to, have agreed to convey and dedicate and shall so
convey and dedicate the appropriate portion of the road
allowance (in most cases the rear 66 feet of the
parcel) to the Town of Picketing for public road use
without any compensation. The Owner to the East shall
at its own expense construct the paved roadway and
sidewalks on either or both sides as may be required by
the Town of Picketing and install municipal services
(sanitary and storm sewers and municipal water) in the
road allowance, all in accordance with municipal
standards and in accordance with a time schedule
approved by the Town of Picketing. The participating
Owners to the West and the Owner to the East shall each
have access and all other benefits conferred by
frontage on such public roads, and upon satisfactory
completion of all paving and other improvements
including municipal services in all segments of such
public road, the Town of Picketing shall assume such
road and improvements and thereafter maintain them as
public facilities in the usual manner.
The road allowance in the Lands of the Owners of the
West shall be 66 feet in width, immediately to the West
of and abutting the division line between Concession
Lots 26 and 25 (except in certain cases where, because
there is a curved portion of roadway at a point where
it leaves Concession Lot 26 and enters Concession Lot
25, less than 66 feet ia necessary).
PART II~ CONDITIONS OF PROPOSAL
The feasibility of the proposal, and the
Owner to the East to carry it into execution,
the following conditions:
ability of the
depends upon
The proposal depends upon the participation of enough
of the Owners to the West, both by number and location,
to enable substantial segments (if not all) of the
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proposed road in Concession Lot 26 to be constructed,
sufficient to be of utility and also to be acceptable
to the Town of Pickering, Since the Owner to the Past
will undertake carriage of the matter and will have the
primary responsibility for design of the road system,
the judgment of the Owner to the Bast as to whether,
where some of such Owners to the West do not
participate, there will be sufficient utility to
Justify proceeding, shall govern. If certain Owners to
the West do not participate, it still may be possible
to incorporate segments of the proposed road into the
ultimate road system but, es previously referred to, in
such a case because of the location of lands of any
non-participating Owners to the West it may be
necessary to deny the benefit of the proposal to
certain of the Owners to the West who are willing to
participate, in which case their portion of the
dedicated road allowance will not be taken up (or if
previously taken up'shall be reconveyed) and they will
be released from any agreements resulting from the
proposal. Where there are Owners to the West who do
not participate, the extent to which this may affect
Owners to the West willing to participate will not be
fully known until all prospective participants have
been canvassed and also ail related conditions
examined, including that any road design or pattern
must be practicable and also acceptable to the Town of
Ptckering and capable of being satisfactorily
integrated with the plan of subdivision of the Lands of
the Owner to the Bast. It will aisc be recognized that
certain Owners to the West who are willing participants
may become non-participants because they cannot make
satisfactory title to the road allowance to be conveyed
by them to the Town of Picketing, which can affect the
eventual road pattern and other participants. The
Owner to the Bast will have the right to re-design the
road pattern from time to time as necessary to
accommodate any difficulties which may be encountered
(subject always to the approval of the Town of
Ptckering) and the benefitting participants will only
be established by the ultimate road pattern.
The proposal is subject to all necessary official
agreements and approvals being obtained, including
those at the local municipal, regional and ministerial
levels, for the establishment of a plan of subdivision
of the Lands of the Owner to the East and for the road
pattern including the incorporation of any segment or
segments of the proposed road in and along the Bast
boundary of Concession Lot 26 into the road pattern,
These official agreements and approvals will also
include, without limitation, in addition to the
agreement of the Town of Picketing to accept
conveyances of the appropriate portions of the lands of
participating Owners to the West and dedicate them as
public roads, the settlement with the Town of Picketing
of all requirements and agreements relating to
subdivision works including the improvements (paved
roadway and sidewalks) and services (sanitary and storm
sewers and public water) in the road allowance, and the
existence of capacity satisfactory to the authorities
for sewer treatment based upon the added sewer load
introduced by the overall development.
The Owner to the Bast may, after a reasonable period of
time and the use of its best efforts, abandon the
proposal in whole or in part if there are insufficient
participating Owners to the West, or whenever any
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necessary approval of the Town of Pick.ring or other
public body having jurisdiction cannot be obtained or
if it appears that anF of the other essential
conditions otherwise cannot be fulfilled, in its
reasonable Judgment, and also may terminate the
proposal in part, as to the interest of any one or more
individual participating Owners to the West, where it
appears that the road system cannot be designed to
provide frontage to their parcels.
PART III: OBLIGATIONS OF THE OWNER Tp,THE E~ST
The Owner to the East shall be obligated, and
agrees with the Town of Picketing, to do and perform the
following obligations:
The Owner to the East shall until the proposal is
either achieved and.implemented, or frustrated by
events beyond its reasonable control and abandoned, use
its best efforts to achieve and implement the proposal,
including by soliciting and securing wherever possible
the participation of a maximum of the Owners to the
West·
me
The Owner to the East shall at all times keep the Town
of Picketing informed as to the status of the
negotiations with the Owners to the west and all other
relevant matters, and whenever requested shall provide
to the Town of Pick.ring copies of all agreements to
participate secured by it from Owners to the West (and
which, whenever possible, the Owner to the East shall
obtain in the fo~m of Schedule "B" hereto, but which
may have changes in individual cases where a particular
Owner to the West insists so long as each such
agreement suffices for the purpose).
The Owner to the East shall have the carriage and
expense of all survey work in connection with the
laying out of the road allowance, includinG the cost of
filing necessary reference plans in the Land Registry
Office, all work in connection with road improvements
and municipal services therein, and all negotiations
with and applications to the Town of Pick.ring and
other official bodies having Jurisdiction over matters
affected by the proposal.
In designing and constructing the road and any
associated improvements including municipal services as
previously referred to in any portion of the proposed
road allowance retained in the proposal, the Owner to
the East shall comply with all the requirements and
standards of the Town of Pick.ring, so as to obtain
their assumption by the Town of Pick.ring as a public
road and municipal services.
All direct expenses associated with the accomplishment
of the proposal and the cost of the improvements in the
road allowance as described shall be borne by the Owner
to the East (with the exception of the value of the
land in the road allowance and conveyancing costs in
connection with the conveyance thereof to the Town of
Pick.ring, to be contributed without compensation by
the respective participating Owners to the West).
The Owner to the East will use its best efforts to
secure all required municipal agreements and approvals,
including without limitation the concurrence of the
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Town of Picketing to the proposal and its agreement, a~
required by the proposal, to accept conveyances of
portions of the road allowance from participating
Owners to the west subject to the condition that such
lands shall be re-conveyed in the case of any portion
of the road allowance not incorporated in the proposal
as ultimately accomplished.
~R~,IV: OBLIGATIONS OF THE OWNERS TO THE W~ST
The Owner to the East shall use its best efforts
to enforce the obligations of each Owner to the West who has
agreed to become s participating owner (by virtue of having
accepted an offer substantially in the form of Schedule "B"
hereto), but each such participating owner shall be entitled
to the benefits provided by the agreement referred to.
These obligations (and cdrresponding benefits) include the
following:
The participating Owner to the West shall accept the
responsibility of conveying a good marketable fee
simple title to the road allowance through his lands to
the Town of Pick.ring, and shall absorb all legal fees
and registration fees in connection therewith.
The participating Owner to the West may be required at
any time, upon notice from the Owner to the East (and
in order to secure to the Town of Pickering that such
portion of the road allowance will be available if
required by the eventual plan) to convey to the Town of
Pick.ring the portion of his land required for the
proposed road allowance. Such conveyance may be
required even before it has been finally established
that such portion of the road allowance can be utilized
in the ultimate road pattern and before all necessary
conditions have been fulfilledl however if the proposal
as eventually accomplished does not include such
portion of the road allowance as part of the actual
public road, aa constructed, constituted and dedicated,
and with the municipal services therein as referred to,
by the limiting date previously mentioned as it may be
extended, the participating Owner to the West so
conveying shall be entitled to a re-conveyance of the
said portion of the road allowance freed of all claims
of the Town of Pick.ring.
If the Town of Pick.ring shall, as a consequence of the
provision of public road access and municipal services
to the lands of a participating Owner to the West,
require lot levies, sewer treatment plant charges or
other impositions of a like nature to De paid, these
shall be the responsibility of the participating Owner
to the West.
The participating Owner to the West shall ultimately
either have the benefit of frontage on an improved
public road in the road allowance to be granted by him,
with municipal services as previously described
therein, or shall be entitled to have the portion of
his land affected thereby released and returned to
him. The completion of a conveyance by a participating
Owner to the West to the Town of Pick.ring of a portion
of the road allowance pursuant to his obligation shall
not in any way prejudice the right of the participating
Owner to the West so conveying to require a
re-conveyance of such road allowance under the
circumstances previously referred to, if the proposal
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insofar as it al[acts his portion of the road allowance
is not achieved within the time limit which has been
agreed, or the right of the Town of Picketing on its
own volition or at the instance of the Owner to the
East to convey back such road allowance to such
participating O~ner to the West if for any reason the
proposal cannot be accomplished with respect to such
portion of the road allowance, or any right which tbs
Town of Picketing may have, having reconveyed such
portion of the road allowance, at any subsequent time
to expropriate it pursuant to any statutory or other
powers it may have by law.
PART
1.
OBLIGATIONS OF THE TON OF PI~KERING
The Town of Picketing authorizes the Owner to the East
to proceed to attempt to achieve and implement its
proposal, and confirms that it recognizes the
desirability of the public road facility referred to;
but nothing herein in any way limits or restricts the
statutory powers and obligations of the Town of
Picketing including the future exercise of its
discretions, in the public interest, to either approve
or disapprove any particular road pattern or segments
thereof, or any proposed plan of subdivision, Or the
design and standards of any municipal services to be
constructed by the Owner to the East, or any powers of
the Town of Picketing to expropriate lands for road
purposes,
The Town of Picketing agrees that, if and whenever, in
pursuance of its obligations and in order to secure
that segments of the proposed road shall be available
for road purposes if they shall be so required, any
participating Owner to the West shall convey lands to
the Town of Picketing for road purposes, in reliance
upon the fact that (aa provided herein) such lands
shall either ultimately form part of the public road
providing access to the parcel of land owned by such
Owner or shall be returned to such Owner, the Town of
Picketing shall recognize the trust and purposes for
which such lands are conveyed and shall reconvey such
lands to the conveying Owner to the West if such lands
do not ultimately become part of the public road as
proposed and contemplated herein. The Town of
Picketing shall, wherever requested, give such
assurance in writing to a conveying Owner to the West.
The Town of Picketing agrees that, in each instance
where a participating Owner to the West conveys land to
the Town of Picketing pursuant to its obligation and in
anticipation that such land will be ultimately required
as part of the proposed public road, until such time as
the ultimate road pattern has been determined and the
construction of road improvements thereon has commenced
so that such land may be finally accepted and dedicated
by the Town of Picketing as a public road or
alternatively is not so required and is reconveyed to
such Owner, such land can continue to be used by the conveying
Owner to the West for gardening or other uses appropriate to the
land in its natural state (but not for any structures).
IN WITNESS WHEREOF the Parties hereto have executed this
proposal and agreement on the date first above mentioned.
488857 ONTARIO INC.
Per:
(President)
(Secretary)
THE CORPORATION OF
THE TOWN OF PICKERING
~yor)
(Clerk)
REGISTERED
PLAN
33:0
SCHEDULE "B"
May 19, 1983
TO:
as an owner o~ lands in the East
Half of Lot 26, Concession 1,
Town of Pick.ring, Fronting on
Appleview Road and backing on the
division line between Lotl 26 and
25 in Concession I
PROPOSAL FOR A PUBLIC, SERVICED ROAD IN LOT 26,
CONCESSION 1, TOWN OF PICKERING, ALONG PART OR PARTS
OF THE BOUNDARY BETWEEN CONCESSION.LOTS 26 AND 25
Outline.and Purpose. of Proposal
This proposal is made by 488857 ONTARIO INC., the registered
owner of Part of the West Half of Lot 25, Concession 1,
Town of Pick,ring (referred to as the Owner to the East),
and is being made to the Municipality of the Tow~ of
Pick.ring and to certain owners of lands in Lot 26, Con-
cession 1, fronting on Appleview Road and becking on the
division line between Concession Lots 26 and 25, of who~
the above-named le efta (colla~tivaly referred to es the
Owners, and individually as an Owner, to the West).
Attached as a schedule to this proposal is a sketch plan
prepared from information confined in Reference Plan
40R-6925 filed in the Land Eegistry office for the Registry
Division of Durham and which ehowe.(i) the south portion
of the lands of the Owner to the East lying in the West
Half of Concession Lot 25 and abutting the division line'
between Concession Lots 26 and 25 on the East, and (ii)
the lands of the Owners to the West lying in the East Half
of Concession Lot 26 and abutting the division line between
Concession Lots 26 and 25 on the West, and which further
identifies each individual parcel owned by each indiv-
idual Owner to the West by parcel number, instrument
number containing its legal description, and the width
of the parcel in metres along its rear boundary.
The proposal is to provide a public road or segments
thereof in Concession Lot 26, ~muaediately abutting the
division line between Concession Lots 26 and 25 on the
West, wAth certain~unicipal serviceB therein, 'for the
mutual benefit of those Owners to the West who choose
to participate, end the Owner to the East. If the
proposal can be anhkevad, it will benefit those O~ners
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to the West who participate by providing public road
access end municipal services to the rear portions of
their individual parcels, and it will s/milarly benefit
the Owner to the East by providing road accell and
services to any subdivision lots in the landl of the
Owner to the East which may front on such public roads.
The feasibility of the proposal will be principally
dependent upon participation by Owners to the West
sufficient in number and in location to enable a
satis~actory road lyltu to be designed, incorporating
the intended public road {or segments thereof, where
all the Ownere to the Wast do not participate) with
public roadl to be provided in a propoled eubdivllion
on the lands of the Owner to the East, and connecting
to major public arterial. The proposal la also depend-
ent upon the full concurrence of the Town of Picketing,
and a number of other necessary conditions which will
he referred to. The proposal is being made al a reeult
of earlier discullionl with the Owners to the Welt, ~n
the course of which a eufficient n-mher of ouch O~nere
have indicated interelt al to make it appear that the
propose1 might be achievable.
The proposal is being made to all of the Ownerl to the
west owning Parcell 2 to 29 inclusive, shown on the
sketch plan attached, with the exception of a few Owners
who have definitely ~diceted their lack of interelt
(and whose non-participation il not presently conlidered
fatal to the propoled plan}.
Assu~ing acceptance of thil propolal by sufficient of
the Owners to the Welt to make the propolal fealible,
in the Judgment of the Owner to the East, An whole or
in part, and the concurrence of the Town of Picketing
and the fulfilment of other necessary conditions, the
Owner to the Edit will deeig~ a road lystu for itl
proposed subdivision of the adjacent part of the Welt
Half of Concession Lot 25 which will incor~orate to
the extent feasible ouch eegmentl of the propoled road
in and along the Eaet boundary of Concession Lot 26 aa
are available (having regard to which of the O~nerl to
the Welt agree to partiCll~te!. Xt will be nndaretood
that the non-participation of iny Owners tO the Weet
may make it lm~oeeible or impracticable to extend the
road lyltem proposed through lands of one or mora other
Owners to the West who are themlelvel willing to patti-
c/pate, and that ~f any substantial number of Owners to
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the west do not participate, depending upon their loca-
tions, none of the proposed plan may be feasible.
Where it is feasible to build sepments of the proposed
road in and alon~ the East boundary of Concession Lot 26,
the participating Owner to the West through whose land
each portion of such proposed road passes will agree to
deaicate the appropriate portion of the road allowance
(in most oases the rear 66 feet of the parcel) to the
Town of Picketing for public road use without any com-
pensation. The Owner to the East aha11 at its own expense
construct the paved roadway and sidewalks on either or
both aides es ny be required by the Tow~ of PlckerZng
and install municipal services (sanitar]f and storm
sewers and municipal water) in the road allowance, all
in accordance with municipal standards and in accordance
with a time schedule approved by the Town of Picketing.
The Owner to the East aha11 also, at its own expense
and in conjunction with the installation of municipal
services in the road allowance, construct water and
sewer laterals to the frontage of the lands of each
Owner to the West abutting the new road allowance,
terminating et the west edge of the road allowance '.
and appropriately capped (or in the case of water supply,
valved), ac aa to provide available water and sewer
service to tho boundary of the lands of each O~ner to
the West (or in the case of each Owner to the Welt who
has legally severed his land into more than one separate
lot abutting the new road ell~wanca', to each of such'
separate lots); but provided in the case of each Owner to
the west that such Owner to the West shall have specified
the ~eaired location of each such lateral to the O~er to
the East at least 30 days prior to the date when construc-
t/on of municipal service in the new road allowance is to
be commenced by the Owner to the East. The participating
Owner to the West and the Owner to the East shall inch have
access and all other benefits con~erred by frontage on such
public roads. :.
Conditions ~ Proposal
The feal4hility of the profile1, and the ability of the
Owner to the East to car~] it into execution, depends upon the
follow~ng conditic~a=
(1) The proposal depends upon the participation of enough of
the Owners to the West, both by number and locatl~, to
enable s~stant~al silents (~f not a11) of ~e pressed
(2)
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road in Concession Lot 26 to be constructed. Since the
Owner to the East will undertake carriage of the matter
and will have the primary responsibility for design of
the road system, the Judgment of the Owner to the East
in this respect shall govern. If certain Owners to the
West do not participate, it still may be possib[e to
incorporate segments of the proposed road into the ultimate
road system but, as earlier explained, in such a case
because of the location of lands of any non-participat~ng
Owners to the Welt it may be necesaary to deny the benefit
of the proposal to certain of the Owners to the West who
are willing to participate, in which case their portion of
the dedicated road allowance will not be taken up and they
will be released from any agreements resulting from the
proposal. Where there are Owners to the West who do not
participate, the extant to which this may effect Owners
to the West willing to participate will not be fully known
until all prospective participants have been canvassed
and also all related conditions examined, including that
any road design or pattern must be practicable and also
acceptable to the Town of Picketing. It will also be
understood that willing participants may become non-
to the road allowance to be conveyed by them, which can
affect the eventual road pattern and other participants.
The Owner to the East will have the right to re-design
the road pattern from time to time as necessary to
accomodate any di£ficulties which may be encountered,
and the benefiting participants will only be established
by the ultimate road patterll.
The proposal is subject to all necessary official agree-
ments and approvals being obtained, including those at
the local, municipal and regional levels, for the est-
ablishment of a plan of subdivision of the lands of the
Owners to the East and for the road pattern including the
incorporation of any segment or segments of the proposed
road in end along the East boundary of Concession Lot 26
into the road pattern. These of£icial agreements end
proposals vIXX also include, without Ximitation, the
agreement of the Town of Picketing to accept conveyances
of the appropriateportions of the lands of participat~ng
Owners to the West and dedicate them as public roads, the
settlement with the Town of Picketing of all requirements
and agreements relating to subdivision works including the
improvements (paved roadway and sidewalks) and services
-5-
(sanitary and storm sewers end public water} in the road
allowance, and the existence of capacity satisfactory to
the authorities for sewer treatment based upon the added
sewer loa~ introduced by the overall development.
The Owner to the East will use its best efforts to
accomplish the fulfilment of the foregoing oonditions, and will
from time to time keep participating Owners to the West informed.
The Owner to the East may abandon the proposal in whole or in
part if there are insufficient participating Owners to the West,
or if it appears that any of the essential conditions otherwise
cannot be fulfilled, in its reasonable Judgment, and also may
terminate the proposal in part, as to the interest of any one
or more individual participating Owners to the West, where it
appears that the road system cannot be designed to provide
frontage to their parcels. The Owner to the East contemplates
that, if there are no impediments which cannot be overcome, the
proposal might reasonably be fully completed, including the
construction of'the proposed road and related services and
improvements, within two years, but that additional time may
well be required and should be contemplated end allowed for
in the proposal. The proposal therefore is that participating
Owners to the West allow a perio~ of four years fro~ the date
of this proposal for fulfilment of the proposal, failing which
fulfilment any Owner to the West who is unwilling to extend
the time further aha11 have the right to terminate his parti-
cipation, in which case such Owner to the West and his lands
shall be released from all further obligation and disentitled
to any further benefit of the proposal.
Rights and Obligations of Respective Owners
Subject to the termination of the proposal in the circum-
stances previously referred to in respect of any particular Owner
to the West, such Owner to the West and the Owner to the East
s~all, as & matter of agreement between them, have the following
rights and obligations respectively~
(1) The participating Owner to the West shall ultimately
either have the benefit of frontage on an improved public
road in the road allowance to be granted by him, with
municipal services as previously described therein, or
shall be entitled to have the portion of his land affected
thereby released and returned to him.
(2) The O~ner to the East shall ha%e the carriage and expense
of all survey work in connection with the laying out of
the road allowance, including the cost of filing necessary
reference plans in 'the Land Registry Office, all work in
.../6
- 6 -
(5)
connection with road ll:~p:ovements and municipal services
therein, and all negotiations and applications to the Town
of Picketing and other officia! bodies having Jurisdiction
over matters affected bY the proposal (but the participating
Owner to the West shall, whenever requested, sign any nec-
essary consents and otherwise fully support the efforts of
the Owner to the East in that respect).
The road allowance shall be 66 feet in width, immediately
to the West of and abutting the division line between
Concession Lots 26 and 25 (except in certain cases where,
because there is a curved portion of roadway et · point
where it leaves Concession Lot 26 and enters Concession
Lot 25, less than 66 feet il necesaary).
The participating Owner to the West shall accept the
responsibility of conveying a good marketable fee simple
title to the road allowance through his lands to the Town
of Picketing, and shall absorb all legal fees end regis-
tration fees in connection therewith (it being contemplated
that there will be no land transfer tax as such convey-
ance to the Town of Picketing shall be made without any
compensation).
any time, upon not~ce from the Owner to the East (and
in order to secure to the Town of Picketing 'that such
portion of :he road allowance will be available if
required by the eventual plan) to convey to the Town
of Picketing the portion of his land likely to be
zequired for the proposed road all$wance. Such convey-
ance may be required even before it has been finally
established that such portion of the road allowance can
be utilized in the ultimate road pattern and before all
necessary conditions have been fulfilled; however if
the proposal aa eventually accomplished does not include
such portion of the road allowance as part of the actual
public road, as constructed, constituted and dedicated,
and with the municipal services therein as referred to,
By the limiting date previously mentioned as it mey Be
extended, the particlpatinq Owner to the West so conveying
shall be entitled to a re-conveyance of the said portion
of the road allowance freed of all claims of the T~ of
P£ckering, and the participati4g Owner to the West shall
be entitled to production of a'written agreement from the
Town of Picketing ~o ~hat effect prior to being required
- ? -
to make such conveyance to the To~n of Picketing. The
Owner to the East will use its best efforts to'obtain
the further agreement of the Town of Picketing that any
port~ons of tbs road allowance ac conveyed to the Town
of Picketing can continue to be used by the conveying
O~ner to the West for gardening or other uses appropriate
to the land in its natural state (but not for any struc-
tures) until such time aa the road allowance is dedicated
and the construction of road and o~her permanent improve-
ments therein commences.
(61 The completion of · conveyance by a participating Owner
to the West to the To~n of Picketing of a portion o£ the
road allowance purauan~ to the foregoing shell not in any
way prejudice the right of the participating Owner to the
West ac conveying to require a re-conveyance of such road
allowance under the circumstances previously referred to,
if the prOPosal insofar as it effects hie portion of the
road allowance ia not achieved within the time limit
previously mentioned, or the right of the Town of Picketing
on its own volition or at the instance of the O~ner to the
East to convey back such road allowance to such partAci-
paring Owner to the West i£ for any reason the proposal
cannot be accomplished with respect to such ~ortion of the
road allowance, or any right which the Town of Picketing .
may have, having re-conveyed such portion of the road
allowance, at any subsequent time to expropriate it pursuant
· o any statutory or other powers it may have by law.
(7! In designing and constructing the road and any associated
improvements including municipal services as previously
retorted to in any portion of the proposed road allowamce
retained in the proposal, the Owner to the East shall
comply with all the requirements and standards of the
Town of Picketing, ac aa to obtain their aaauml~Cion by
the Town of Picketing aa · public road and municipal
services.
(8) All direct expenses associated with the acc~pliahment
of the proposal and the colt of the improvements in the
road allowance as described aha11 be borne by the O~ner
to the East (with the exception of the value of the land
in the road allowance, to be contributed without compen-
sation by the respective participating Owners to the West,
and conveyancing coats in connection with the conveyance
thereof to the Town of PickeTing}. If the To~rn of Picketing
-8 -
shall, as a consequence of the provision of public road
access and municipal services to the lands of a parti-
cipating Owner to the West, require lot levies, sewer
treatment plant charges or other impositions of & like
nature to be paid, these shall be the responsibility of
the participating Owner to the West.
The Owner to the East will use its best efforts to secure
all required municipal agreements and approvals, including
without limitation the concurrence of the Town of Picketing
to the proposal and its agreement, as required by ~he
proposal, to accept conveyances of portions of the road
allowance from participating Owners to the West ettbJect
to the condition that such lax%ds shall be re-conveyed in
the case of any portions of the road allowance not l~oor-
porated in the proposal as ultimately accomplished.
Offer by Owner to the East
By its signature to this proposal, which ia submitted in
duplicate, the Owner to the East hereby makes an offer to each
Owner to the West to whom this proposal is addressed in the terms
of this proposal, and agrees with each participating O~ner to
the West who accepts this proposal, In cons/aeration of such
acceptance, to use its belt efforts to accomplish the propolal
(but subject to the conditions set out herein) end to abide by
all its agreements set out in this proposal.
Acceptance by Particlpatin9.0~,er to the West
By its signature hereto and the return to the Owner to the
East of a signed duplicate hereof, the Owner to the Welt to which
this counterpar~ of the proposal is addressed hereby aoceptl the
proposal as a participating Owner to the West, in consideration
of the agreements of the Owner to the East, and agrees to carry
out all his obligations and agreements al expressed herein.
Such participating Owner to the West reprlaentl al followi$
(1) Such participating Owner to the Welt is the Owner of the
land in Concellion Lot 26 designated on the iketch plan
attached as Parcel No. , having · width at
the rear of metres.
(2) Such participating Owner to the West has or ia entitled
to proviae end convey an absolute unencumbered fee
simple title to that part of the road allowance required
for the proposed road as described which affects such
parcel owned by such participating Owner to the West,
- 9 -
and for such purpose has obtained the consent and agree-
ment in writing of all other persons having any interest
in the affected lands and whose consent or concurrence
is necessary (including where applicable a consent and
concurrence of any spouse, and of mortgagees and other
encumbrancers) except where expressly noted below.
(Note: Where the accepting participating Owner to the
West has not obtained the consent and concurrence of
all other parties hsving any interest in tho portion of
his lands affected by the proposed road allowance, it
should be so stated in the blank space following, and
specifying the parties, whole consent and concurrence
is necessary and their capacities, and in which case
the accepting participating Owner to the West agrees to
use his best affairs to obtain such consents and con~
currences as soon as possible, and so advise the Owner
to the EaSt, and the participation of such O~er to the
West shall be con~itional thereon)·
THIS PROPOSAL constitutes the proposal and offer of the
Owner to the East as stated herein, and is made at the Tc~ of
- 9 -
Picketing on the date first appearing herein.
488857 ONTARIO LIMITED
byz
THIS PROPOSAL is accepted by the undersigned partici-
pating Owne= to the West on the day of , 1983,
and which acceptance constitutes accordingly his agreement on
all the terms and conditions stated above (it being undarstoo~
that where such Owner is female or a corporation or is con-
stituted by a Joint tenancy, tenancy ~n come, on or other multiple
type of ownership all reference to the Owner shall be read with
such changes as to gender or number as may be appropriate).
4
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