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HomeMy WebLinkAboutBy-law 1535/82THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1535/82 Being a By-Law to authorize the execution of an Agreement between Maple Ridge Homes Ltd. and the Corporation of the Town of Pickering to amend the Subdivision Agree- ment dated June 16th, 1980, between Black File Investments Inc. and Silver File Investments Inc. and the Town respecting the development of Draft Plan 18T-79068 (Plans M-1194, M-1202, M-1203, M-1207, M-1215 and 40M-1236) WHEREAS the Corporation of the Town of Pickering entered into a Subdivi- sion Agreement with Black File Investments Inc. and Silver File Invest- ments Inc. on June 16th, 1980 to provide for the development of Draft Plan 18T-79068, which Agreement was subsequently amended by Agreements dated February 2nd, 1981 and May 4th, 1981, between the Town and Maple Ridge Homes Ltd., being the successor in title to Black File Investments Inc. and Silver File Investments Inc. with respect to the lands in the said plan; and WHEREAS it is now deemed appropriate to amend further the said Subdivi- sion Agreement; 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 Maple Ridge Homes Ltd. and the Corporation of the Town of Pickering to amend the Subdivision Agreement dated June 16th, 1980 between Black File Investments Inc. and Silver File Investments Inc. and the Corpor- ation of the Town of Pickering with respect to the development of Draft Plan 18T-79068 (Plans M-1194, M-1202, M-1203, M-1207, M-1215 and 40M-1236.) BY-LAW read a first, second and third time and finally passed this 5th day of July , 1982. Schedule "A" to By-law 1535/82 THIS AGREEMENT made in triplicate this 5th day of July, 1982. BETWEEN : MAPLE RIDGE HOMES LTD. hereinafter called the "Owner" OF THE FIRST PART, - and- THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town'' OF THE SECOND PART. WHEREAS, by Subdivision Agreement dated June 16th, 1980, and registered on September llth, 1980, as Instrument No. LTl12902, between Black File Investments Inc., Silver File Investments Inc., the Town and certain Encumbrancers, Black File Investments Inc. and Silver File Investments Inc. proposed to subdivide and register a plan of subdivision of those parts of Lots 23 ~d 24, Concession 2, Pickering, designated as Parts 1, 6, 7, 8, 9 and 11 on Plan 40R-5886, being Ministry of Housing Draft Plan Number 18T-79068; and WHEREAS, part of ~]e said plan was registered on September llth, 1980 as Plan M-1194; a further part of the said plan was registered on October 17th, 1980 as Plans M-1202 and M-1203; a further part of the said plan was registered on February 25th, 1981 as Plan M-1207; a further part of the said plan was registered on as Plan M-1215; and the remainder of the plan was registered on as Plan 40M-1236; and WHEREAS the Owner herein is the successor in title to Black File Invest- ments Inc. and Silver File Investments Inc. with respect to the lands affected hereby; and WHEREAS, by Agreement dated February 2nd, 1981, and llth, 1981, as Instrument No. LT120676, between the Town and the Encumbrancers, certain amendments were sion Agreement; and registered on March Owner herein, the made to the Subdivi- WHEREAS, by Agreement dated May 4th, 1981, and registered on July 15th, 1981, as Instrument No. LT129272, between the Owner herein, the Town and the Encumbrancers, further amendments were made to the Subdivision Agreement; and WHEREAS, it is deemed desirable to amend further the Subdivision Agree- ment in certain respects; NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT, in consideration of the sum of Two Dollars ($2.00) paid by each Party to the other, receipt of which from each is hereby acknowledged by each, the Parties hereto AGREE AS FOLLOWS: - 2 1. The lands affected by this Agreement are: ALL AND SINGULAR those certain parcels or tracts 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 those lands comprising and contained in Plans M- 1194, M-1202, M-1203, M-1207, M-1215 and 40M-1236, all filed in the Land Titles Office for the Registry Division of Durham (No. 40). 2. In this Agreement, the term, (a) "Subdivision Agreement" shall mean the Agreement dated June 16th, 1980 and registered September llth, 1980 as Instrument No. LTl12902, between Black File Investments Inc., Silver File Investments Inc., the Town and certain Encumbrancers; (b) "First Amendment Agreement" shall mean the Agreement dated February 2nd, 1981 and registered March llth, 1981, as Instru- ment No. LT120676, between the Owner, the Town and the Encum- brancers; and (c) "Second Amendment Agreement" shall mean the Agreement dated May 4th, 1981 and registered July 15th, 1981 as Instrument No. LT129272, between the Owner, the Town and the Encumbran- cars. The Owner herein acknowledges and agrees that it is the successor to Black File Investments Inc. and Silver File Investments Inc. with respect to the lands affected hereby, and, as such, is bound by all the terms and provisions of the Subdivision Agreement, the First Amendment Agreement and the Second Amendment Agreement. 4 o Section 30(1) (a) of the Subdivision Agreement is hereby deleted and the following substituted therefor: (a) a permanent solid wood fence, to specifications approved by the Director of Public Works, (i) along the westerly boundary of the subdivision adja- cent to Lots 121-127, inclusive; Lots 165-175, inclu- sive; and Block 304; (ii) along the southerly boundary of the subdivision adja- cent to Lots 25-37, inclusive; and Lots 92-99, inclu- sive; (iii) along the easterly boundary of the subdivision adja- cent to Lots 18-25, inclusive; (iv) along the northerly boundary of Lot 18 and across part of Block 297 from Liverpool Road in a straight line to Barnwood Square; then along Barnwood Square north- easterly to the westerly boundary of Block 297; and (v) along the entire westerly boundary of Block 297; 5. Sections 30(1) (b) (i)l and 30(1) (b) (i)2 of the Subdivision Agree- ment are hereby deleted. Section 30(1) (b) (ii)2 of the Subdivision Agreement is hereby deleted. 7. Section 30(1) (d) of the Subdivision Agreement is hereby deleted. 8. Time shall be of the essence of this Agreement. o This Agreement and everything herein contained shall enure to the benefit of and be binding upon the Parties hereto, their successors and assigns. IN WITNESS WHEREOF the said Parties have hereunto affixed their Corporate Seals attested to by the hands of their proper officers in that behalf full authorized. SIGNED, SEALED & DELIVERED MAPLE RIDGE HOMES LTD. President Vice-President THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk