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HomeMy WebLinkAboutBy-law 1500/82THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1500/82 Being a By-Law to authorize the execution of an Agreement between the Corporation of the Town of Pickering and Harvey Adelman, in trust, respecting the development of Lot 89, Plan 350, Pickering (LD 63/82) WHEREAS Harvey Adelman, in trust, is the owner of Lot 89, Plan 350, Pickering and wishes to develoH that lot for certain residential pur- poses but the existing provisions of the Town's Fairport Community Rosebank Neighbourhood Development Plan suggests that the lot should be used for road purposes and not for residential development; and WHEREAS the development of the lot for residential purposes may be per- mitted subject to certain terms and 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 an Agreement, in the form attached hereto as Schedule "A" between Harvey Adelman, In Trust, and the Corporation of the Town of Pickering respecting the development of Lot 89, Plan 350, Pickering (LD 63/82). BY-LAW read a first, second and third time and finally passed this 7th day of June, 1982. Schedule "A" to By-law Number ,.1500/82 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 ADEI~4AN, 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 ~o 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: 1. The lands affected by this Agreement are those lands more partic- ularly described as follows: ALL k~D SINGULAR that certain parcel or tract of land and premises situate, lying and being in the To~ 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- , 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-. , 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. o (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 referred to in section 4, this Agreement. "B" hereto illustrates the amendment above, but does not form part of 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 PICKERING Mayor Clerk In the presence of HARVEY ADELMAN, IN TRUST N ','d " i~,' RECONVEfED ;0 .,0, 48m \ ~ ......... l ANDS LOT 89 PLAN 350 ~0 b~- ('ONVEYED TO 70~,~ uLAN 350, P]CEERING APPENDIX "B" :{osebank Development ~tan 70 BE DELETED LEGAL flEP~RTI, IEflT FAIRPORT COMMUNITY ROSEBANK NEIGHBOURHOOD DEVELOPMENT PLAN - Rosehank Development Plan