HomeMy WebLinkAboutBy-law 2597/87THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2597 /87
Being a hy-law to authorize the execution of a
Development Agreement between Cornelius
Degraauw and The Corporation of the Town of
Picketing, respecting Part Lot 20, Concession 1,
Pickering, (Parts 1, 2, 3, 5, 7, 8, 9 and 10,
Plan 40R-10253) (LD 149-152/87; A 19/85 and
A 2/87).
WHEREAS, pursuant to certain decisions of the Region of Durham Land Division
Committee (LD 149-152/87) and certain approvals in principle by the Town of Zoning
By-law Amendment Applications A 19/85 and A 2/87, an agreement is required to be
entered into to provide for the development of parts of Lot 20, Concession 1, Picker-
ing, designated as Parts 1, 2, 3, 5, 7, 8, 9 and 10, Plan 40R-10253;
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 Development Agree-
ment, in the form attached hereto as Schedule A, between Cornelius Degraauw
and The Corporation of the Town of Picketing, in furtherance of conditions
imposed by the Region of Durham Land Division Committee (LD 149-152/87) and
conditions imposed by the Town (A 19/85 and A 2/87) respecting the severance
and assembly of those parts of Lot 20, Concession 1, Picketing, designated as
Parts 1, 2, 3, 5, 7, 8, 9 and 10, Plan 40R-10253.
BY-LAW read a first, second and third time and finally passed this 5th day of Octo-
ber, 1987.
~4~uce Taylor¥ Cl~rk
SCIIEDULE A
THIS AGREEMENT made
, 1987.
BETWEEN:
CORNELIUS DEGRAAUW
herein called the "Owner"
and
THE CORPORATION OF THE TOWN OF PICKERING
herein called the "Town"
WHEREAS the Owner is the owner of those parts of Lot 20, Concession 1, Picketing,
designated as Parts I to 5, and 7 to 10, Plan 40R-10253, and, pursuant to,
(a)
certain decisions of the Region of Durham Land Division Committee (LD
149-152/87),
(b) certain approvals in principle by the Town of Zoning By-law Amendment
Applications A 19/85 and A 2/87,
wishes to develop those lands, or parts thereof, for inter alia, multiple dwelling units
in conformity with the Town's By-law 3036 as amended by By-law 2454/87;
NOW THEREFORE this Agreement witnesseth that, in consideration of the Town issu-
ing its approval to the Region of Durham Land Division Committee of Decisions
LD 149/87, LD 150/87 and LD 152/87, and of the sum of $2.00 now paid by each
party hereto to the other, receipt of which by each is hereby acknowledge, the
Owner and the Town agree as follows:
The lands affected by this Agreement (the "Lands") are those parts of Lot 20,
Concession 1, Picketing, designated as Parts 1, 2, 3, 5, 7, 8, 9, and 10, Plan
40R-10253, subject to an easement over,
(a) that part of Part 1, Plan 40R-10253, being also part of Part 1, Plan
40R-3602, as set out in Instrument D140075;
(b) that part of Part 3, Plan 40R-10253, being also part of Part 2, Plan
40R-3530, as set out in Instrument D50966;
(c) those parts of Parts 5, 7 and 10, Plan 40R-10253, being also Parts 5, 6
and 8, Plan 40R-3530, respectively, as set out in Instruments D46728,
D48941 and D46730, respectively.
The Owner shall diligently pursue Zoning By-law Amendment Application
A 55/87 to amend the Town's By-law 3036 by changing the zoning designation of
that part of the Lands designated as Part 2, Plan 40R-10253, from "Agricul-
tural-A'' to "Residential-S2" and shall not object to the Town effecting such
change or to any Zoning By-law resulting therefrom.
(1)
On or before December 31, 1987, the Owner shall convey to the Town,
free and clear of all encumbrances and at no cost to the Town, a 5.B352
metre widening of Valley Farm Road across the full frontage of each of
those parts of the Lands designated as Parts 2, 8 and 9, Plan 40R-10253.
(2)
In order to effect the conveyances referred to in subsection (1), the
Owner shall, on or before November 14, 1987, obtain and register, with
the Town's prior approval and at no cost to the Town, a reference plan
showing the lands to be conveyed.
(3)
Following the registration of the conveyances referred to in subsection
(1), the Town shall dedicate the lands conveyed as public highway.
The Town hereby releases the Owner, his heirs, administrators, successors and
assigns, from every obligation the Owner has or may have to the Town pursu-
ant to the agreement dated September 3, 1985, between the Owner and the
Town, which agreement was registered December 16, 1985, as Instrument
D210817, insofar as that agreement affects that part of the Lands designated as
Part 5, Plan 40R-10253.
Prior to the issuance of a building permit to allow the
building on that part of the Lands designated as Part 9,
Owner shall,
construction of any
Plan 40R-10253, the
(a)
pay to the Town a lot severance fee of $3500, if paid before 1988, or
$4,000, if paid in 1988 or later, and
(b)
submit to the Town and obtain the approval of the Town's Director of
Public Works to a proposed lot grading scheme.
(1)
The Owner shall reserve those parts of the Lands designated as Parts 1,
3, 5, 7 and 10 for future multiple residental development as one parcel
pursuant to the provisions of the Town's By-law 3030 as amended by
By-law 2454/87.
(2)
This Agreement is not intended to be and is not to be construed as the
development agreement to be entered into pursuant to section 5(3)(a)(i)
of By-law 2454/87,
Time shall be of the essence herein.
This Agreement and everything contained herein shall enure to the benefit of
and be binding upon the parties hereto, and their respective heirs, administra-
tors, successors and assigns, it being the intention of the parties that where
any provision herein affects only a portion of the Lands, that provision enures
to the benefit of and is binding upon the Owner in his capacity as owner of
that portion only, and consequently will enure to the benefit of and be binding
upon the Owner's successor in title to that portion and not to the Owner*s
successor in title to any other portion.
IN WITNESS WHEREOF the Owner has hereunto set his hand and seal and the Town
has hereunto affixed its Corporate Seal duly attested by its proper officers in that
behalf fully authorized.
SIGNED, SEALED & DELIVERED
In the presence of
Cornelius DeGraauw
THE CORRORATIQN OF THE TOWN OF PICKERING
.Brul E. AndersSri, May~r -
ce Taylor, Clerk
I, Frances DeGraauw, spouse of Cornelius DeGraauw, the Owner herein, hereby
consent to the execution and entering into of this Agreement by Cornelius DeGraauw
and to the registration of the Agreement upon the title to the lands affected hereby
and agree to be bound by the terms of the said Agreement.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of
· 1987, at the Town of Picketing.
SIGNED, SEALED & DELIVERED
In the presence of
witness Frances DeGraauw
The Town of Pickering
LEGAL DEPARTMENT
Degraauw, Cornelius
- Part Lot 20, Conc. I
- Parts 1, 2, 3, 5~ 7~ 8~ 9 and 1£
- Consolidated Development Agreem(