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HomeMy WebLinkAboutBy-law 1843/84THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1843 /84 Being a by-law to authorize the execution of a Development Agreement between the Corporation of the Town of Pickering and Roy Edwin Albert Roszell and Margaret Pearl Roszell respecting Part Lot 17, Concession 8, Pickering (LD 197-8/82) WHEREAS Roy Edwin Albert Roszell and Margaret Pearl Roszell are the registered owners of Part Lot 17, Concession 8, Pickering (Parts 2 and 3, Plan 40R-7423); and WHEREAS by Decisions LD 197/82 and LD 198/82, dated October 25th, 1982, the Region of Durham Land Division Committee approved the severance therefrom of two building lots subject to conditions, one of which in each case requires the Owner to satisfy the Town financially; and WHEREAS it is deemed expedient to enter into an Agreement to set out the terms of such financial conditions; 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 the Corporation of the Town of Pickering and Roy Edwin Albert Roszell and Margaret Pearl Roszell, respecting the development of Part Lot 17, Concession 8, Picketing. (LD 197-8/82). BY-LAW read a first, second and third time and finally passed this 22nd day of May, 1984. rbr ..... TOWN OF PIC!(E>'.i;,' G , THIS AGREEMENT made in triplicate this 22nd day of May, 1984. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING hereinafter referred to as the "Town" OF THE FIRST PART, ROY EDWIN ALBERT ROSZELL and MARGARET PEARL ROSZELL hereinafter collectively referred to as the "Owner" OF THE SECOND PART. WHEREAS the Owner herein is the registered owner, in fee simple, of the lands more particularly described in Schedule A, hereto; and WHEREAS, by decisions dated October 25th, 1982 (LD 197/82, LD ]98/82), the Region of Durham Land Division Committee approved the severance therefrom of two building lots, being the lands affected hereby, subject to conditions, one of which in each case requires the Owner to satisfy the Town financially; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the sum of $2.00 now paid by each Party to the other, receipt of which by each is hereby ac- knowledged, the Parties hereto agree as follows: The ]ands affected hereby, hereinafter referred to as the "Lands", are those lands more particularly described in Schedule B hereto. Subject to the provisions of any applicable statute, regulation, official plan, secondary plan or by-law, the Lands may be developed initially as one residen- tial parcel or as two residential parcels. 3. (1) In the event that the Lands are to be developed initially as one residen- tial parcel, then prior to the issuance of the construction permit for the erection or placement of a dwelling unit thereon, the Owner shall pay to the Town an amount equal to the Town's then current lot severance fee. (2) In the event that the Lands are developed initially as one residential parcel and subsequently redeveloped as two residential parcels, then prior to, (a) the issuance of a permit for the demolition of any existing dwell- ing unit thereon, or (b) the issuance of a construction permit for the erection or place- ment of the second dwelling unit thereon, whichever first occurs, the Owner shall pay to the Town an amount equal to the Town's then current lot severance fee. In the event that the lands are to be developed initially as two residential parcels, then prior to the issuance of a construction permit for the erection or placement of a dwelling unit on each parcel, the Owner shaJl pay to the Town an amount equal to the Town's then current lot severance fee. 5. Schedules A and B hereto form part of this Agreement. This Agreement, the Schedules hereto, and everything contained therein, shall enure to the benefit of and be binding upon the Parties hereto and their re- spective heirs, executors, successors and assigns. IN WITNESS WHEREOF the Party of the First Part has hereunto affixed its corporate seal, duly attested by its proper authorized officers, and the persons comprising the Party of the Second Part have hereunto affixed their hands and seals. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk In the presence of ROY EDWIN ALBERT ROSZELL MARGARET PEARL ROSZELL 2 SCHEDULE A The Owner's Lands 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 (formerly in the Township of Picketing, in the County of Ontario) and being composed of part of Lot 17, Concession 8 of the original Township of Pickering more particularly described as follows: PREMISING that the northerly limit of said Lot I7 has a bearing of North 72 degrees 41 minutes 50 seconds East and relating all bearings herein thereto. COMMENCING at a point in said Northerly limit of Lot 17 distant 155.00 feet measured North 72 degrees 41 minutes 50 seconds East along said limit from the North West angle of said Lot 17; THENCE North 72 degrees 41 minutes 50 seconds East along Northerly limit of said Lot 17, 232.32 feet to a point; THENCE South 17 degrees 31 minutes 10 seconds East a distance of 17 feet to a point; THENCE South 72 degrees 41 minutes 50 seconds West and parallel with the Northerly limit of Lot 17 a distance of 135.00 feet to a point; THENCE North 17 degrees 31 minutes 10 seconds West a distance of 7.0 feet to a point; THENCE South 72 degrees 41 minutes 50 seconds West and parallel with the Northerly limit of Lot 17, a distance of 97.32 feet to a point; THENCE North 17 degrees 31 minutes 10 seconds West a distance of 10.0 feet to the POINT OF COMMENCEMENT; AS DESCRIBED in Instrument No. D107685. SCHEDULE B The Lands Affected by this Agreement ALL AND SINGULAR that certain parcel or tract of lands 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 those parts of Lot 17, Concession 8 des- ignated as Parts 2 and 3 on a plan of survey of reference deposited in the Land Registry Office for the Registry Division of Durham (No. 40) as Plan 40R-7423. - 3 -