HomeMy WebLinkAboutBy-law 2459/87THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO.2459 /87
Being a by-law to authorize the execution of a
Release of a Development Agreement respecting
Lot 89, Plan 350, Picketing (Harvey Adelman, in
trust).
WHEREAS it is necessary to remove from title a Development Agreement between the
Town and Harvey Adelman, in trust, dated June 7, 1982 and registered November 1,
1982 as Instrument No. LT156130;
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 Release in the
form attached hereto as Schedule A, of a Development Agreement dated
June 7, 1982 and registered November 1, 1982 as Instrument No.
LT156130 respecting Lot 89, Plan 350, Picketing (Harvey Adelman, in
trust).
BY-LAW read a first, second and third time and finally passed this 4th day of May,
1987.
~E'. Anders'o~, Mayor
/Bruce Taylor, Cl~r~
:~ICKER~I'~, ,I
APPROVED i
RELEASE
In consideration of the sum of Two Dollars ($2.00) paid to it, receipt of which is
hereby by it acknowledged,
THE CORPORATION OF THE TOWN OF PICKERING
hereby releases and forever discharges
HARVEY ADELMAN, in trust
his heirs, executors, administrators, successors and assigns of and from all claims,
demands, damages, actions or causes of action which may have arisen, are arising, or
may arise as a result of or in any way related to an Agreement dated June 7, 198Z
and registered as Instrument No. LT156130 on November 1, 1982, between
THE CORPORATION OF THE TOWN OF PICKERING
and
HARVEY ADELMAN, in trust
respecting Lot 89, Plan 350, Pickering.
IN WITNESS WHEREOF The Corporation of the Town of Pickering has hereunto affixed
its corporate seal attested by its properly authorized officers this 4th day of May,
1987.
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
/ ~nE. Ander son ,~Z/Mayor
Bruce Taylor, Clerk
THIS AGREEMENT made in triplicate this 7th day of June, 1982.
BETWEEN :
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE FIRST PART,
- and -
HARVEY ADELMAN, IN TRUST
hereinafter called the "Owner"
OF THE SECOND PART.
WHEREAS the Owner is the owner in fee simple of Lot 89, Plan 350, Pick-
ering and wishes to develop that lot for certain residential purposes;
and
WHEREAS the existing provisions of the Town's Fairport Community Rose-
bank Neighbourhood Development Plan suggest that that lot should be
used for road purposes and not for residential development; and
WHEREAS the Owner and the Town have agreed that the development of that
lot for residential purposes should be permitted subject to certain
terms and conditions;
NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT, in consideration of the
mutual covenants herein contained, and the sum of Two Dollars ($2.00)
now paid by each Party to the other, receipt of which by each is hereby
acknowledged, the Parties hereto agree as follows:
The lands affected by this Agreement are those lands more partic-
ularly described as follows:
ALL AND SINGULAR that certain parcel or tract of land and
premises situate, lying and being in the Town of Pickering,
in the Regional Municipality of Durham and Province of
Ontario, and being composed of all of Lot 89, according to a
plan registered in the Registry office for the Registry
Division of Durham (No. 40) as Plan 350.
within ninety (90) days of the date of this Agreement, the Owner
shall convey to the Town, free and clear of all encumbrances and
at no cost whatsoever to the Town, that part of Lot 89, Plan 350,
Pickering, designated as Part ~ on Plan 40R-7~, comprising the
- 2 -
westerly 30.48 metres of that lot, for the purpose of constructing
thereon a portion of the northerly turning circle for a future
north/south cul-de-sac public roadway, the exact location of which
is yet to be determined.
Within ninety (90) days of the date upon which the Town determines
the exact location of the northerly turning circle for the above-
mentioned north/south cul-de-sac public roadway, the Town shall
reconvey to the Owner, free and clear of all encumbrances and at
no cost to the Owner, that portion of Part ~ , Plan 40R-7~98, not
required by the Town for such turning circle or any 0.3 metre
reserves adjacent thereto, for the purpose of developing such re-
conveyed portion for residential purposes.
/
The Town shall amend its Fairport Community Rosebank Neighbourhood
Development Plan by deleting from the Rosebank Development Plan
attached thereto, the proposed east/west roadway located on Lot
89, Plan 350, Pickering.
5. (1)
The contents of Appendix "A" hereto illustrates the trans-
actions referred to in sections 2 and 3, above, but does not
form part of this Agreement.
(2)
The contents of Appendix "B" hereto illustrates the amendment
referred to in section 4, above, but does not form part of
this Agreement.
6. This Agreement, and everything contained herein, shall enure to
the benefit of and be binding upon the Parties hereto, their
respective heirs, executors, administrators, successors and
assigns.
IN WITNESS WHEREOF the Party of the First Part has hereunto affixed its
corporate seal, duly attested by the hands of its proper authorized
officers and the Party of the Second Part has hereunto affixed his hand
and seal.
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE TOWN OF
May6~ Ac.b n~ -
PICKERING
In the presence of
TRUST
, APPE, NDIX "A"
N
LANDS TO BE RECONVEYED TO OWNER
30, 8m .... ~-J
I
I
30.48m:\ I
LOT 89
PLAN 350
LANDS TO BE CONVEYED TO TOWN
LOT 89, PLAN 350, PICKERING
NOT TO SCALE
. _~PPEt,IDI× "B"
:~osebank
3evelopment
Plan /
TO BE DELETED
i
i
LEGITL [)EPJ~RT~,']EI~T
FAIRPORT COMMUNITY
ROSEBANK NEIGHBOURHOOD
DEVELOPMENT PLAN
- Rosebank Development Plan
O~
OO
O0
LEGEND
[~ Special I~esk]n Precinct
--- Neighbourhood Boundary
-- Communil¥ ~ouf~d,qry
..... Municipal Bmmdar y
Subject.properr)
Town of Pickering
Legal Department
Harvey Adelman, in trust
- Lot 89, Plan 350, Pickerin§