HomeMy WebLinkAboutBy-law 1260/81THE CORPORATION OF THE TOWN OF PICKE
BY-LAW NO. 1260/81
Being a By-Law to authorize the execution
of an Agreement between Fred Campitelli,
Roydon Alvin Prosser and the Corporation
of the Town of Pickering respecting the
conveyance and servicing of a portion of
Glenanna Road (Part Lot 20, Concession 1,
Pickering (Part , Plan 40R- ).
WHEREAS, pursuant to the provisions of section 336 of The Munici-
pal Act, R.S.O. 1970, chapter 284, as amended, the Council of a
Municipal Corporation may pass by-laws for acquiring land required
for the purposes of the Corporation; and
WHEREAS, it is deemed desirable to acquire certain lands in Lot
20, Concession 1, Pickering for the continuation of Glenanna Road
and services associated therewith;
NOW THEREFORE, the Council of the Corporation of the Town of
Pickering HEREBY ENACTS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute an
Agreement, in the form attached hereto as Schedule "A",
between Fred Campitelli, Roydon Alvin Prosser and the Cor-
poration of the Town of Pickering respecting the conveyance
and servicing of a portion of Glenanna Road (Part Lot 20,
Concession 1, Pickering (Part , Plan 40R- )
BY-LAW read a first, second and third time and finally passed this
16th day of March , 1981.
TOANN
P1t:KE1
.)
T'.J ?J ?' 'iS ?, vl
SCHEDULE "A" to By-law 1260/81
THIS AGREEMENT made in triplicate this
B E T W E E N:
day of
FRED CAMPITELLI
of the Municipality of Metropolitan Toronto,
in the Judicial District of York, Trustee.
hereinafter called the "Owner"
, 1981.
OF THE FIRST PART,
- and -
ROYDON ALVIN PROSSER
of the of ,
in the State of Florida, U.S.A.
hereinafter called the "Mortgagee",
OF THE SECOND PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE THIRD PART.
WHEREAS, the owner is the registered owner, in fee simple, of the lands
and premises located in Lot 20, Concession 1, Pickering and more parti-
cularly described in Schedule "A" hereto; and
WHEREAS, by Indenture dated December 14th, 1971, registered
Instrument No. , and as yet undischarged, the owner did grant
and mortgage the said lands and premises to the Mortgagee, subject to
certain terms and conditions; and
WHEREAS, the owner is desirous of making, and the Town of accepting, a
grant to the Town of the said lands and premises, for road purposes,
subject to certain terms and conditions;
NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT, in consideration of the
mutual benefits, terms and conditions herein imposed, and the payment
of Two Dollars ($2.00) by each Party to the other Parties, receipt of
which by each from each is hereby acknowledged, the Parties hereto
agree as follows:
as
- 2 -
1. The lands and premises affected hereby (hereinafter called the
"lands") are those lands and premises more particularly described
in Schedule "A" hereto, which Schedule is hereby made a part of
this Agreement.
2. The Owner shall convey the lands, free and clear of all encum-
brances, to the Town, on or before December 31st, 1981, for road
purposes, subject to the terms and conditions herein set out.
3. The Owner shall grant a permanent easement over, under, on and
above the lands, to the Town, on or before April 17th, 1981, sub-
ject to the terms and conditions herein set out, for the purpose
of the construction, installation, erection, maintenance and
repair of,
(a) a road, including curbs, gutters and appurtenances;
(b) water service;
(c) storm sewers and appurtenances;
(d) street lights; and
(e) sidewalks.
4. The Town shall construct, instal and erect, on the lands, at no
cost to the Owner, other than as set out in section 5, below, and
at no cost to the Mortgagee,
(a) a road, including curbs, gutters and appurtenances;
(b) water service, including one connection to each of the
northerly and southerly limits of the lands;
(c) storm sewers, including one connection to each of the north-
erly and southerly limits of the lands;
(d) street lights; and
(e) sidewalks,
to the Town's urban standards in effect at the time, such construc-
tion, installation and erection to be effected coincidentally with
the development of Draft Plan of Subdivision 18T-79008.
5. Upon the completion of both the services referred to in clauses
(b), (c), (d) and (e), of section 4, above, and the installation
of the base coat of asphalt to the travelled portion of the road,
the Town shall invoice the owner for the sum of $10,000.00 in
consideration for such completion and the owner shall remit the
said sum to the Town within thirty days of the date of the invoice
or on December 31st, 1981, whichever last occurs.
6. Upon the conveyance of the lands to the Town, as required by sec-
tion 1, or upon the payment of the invoice, as required by section
5, whichever last occurs, the Town shall dedicate the lands as
public highway, and the Owner and the Mortgagee each hereby agree
that the Town shall be under no obligation whatsoever to so dedi-
cate the lands at any earlier date.
7. The Mortgagee hereby agrees that this Agreement shall be a prior
encumbrance upon the lands to his mortgage, being the indenture,
dated December 14th, 1971 and registered as
Instrument No.
- 3 -
8. This Agreement, and everything herein contained, shall enure to
the benefit of and be binding upon the Parties hereto and their
respective heirs, executors, administrators, successors and
assigns.
IN WITNESS WHEREOF, the Parties of the First and Second Parts
have hereunto affixed their hands and seals and the Party of the Third
Part has hereunto affixed its corporate seal duly attested by its
authorized officers.
SIGNED, SEALED & DELIVERED
In the presence of
Witness FRED CAMPITELLI
Witness ROYDON ALVIN PROSSER
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
e
SCHEDULE "A"
ALL AND SINGULAR that certain parcel or tract of land and premises sit-
uate, lying and being in the Town of Pickering, in the Regional Munici-
pality of Durham and Province of Ontario and being composed of that part
of Lot 20, Concession 1, Pickering, designated as Part on a Dlan of
survey of record deposited in the Registry Office for the Registry Divi-
sion of Durham as Plan 40R-