HomeMy WebLinkAboutBy-law 1287/81THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 19R7/81
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 Agreement 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,
etc.)
WHEREAS, the Corporation of the Town of Pickering entered into
a Subdivision Agreement with Black File Investments Inc. and
Silver File Investments Inc. on June 16th, 1980 to provide for
the development of Draft Plan 18T-79068, which Agreement was
subsequently amended by an Agreement dated February 2nd, 1981,
between the Town and Maple Ridge Homes Ltd., being the succes-
sor 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 Subdivision Agreement;
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 Maple Ridge Homes Ltd. and the Corporation of
the Town of Pickering to amend a Subdivision Agreement
dated June 16th, 1980, between Black File Investments
Inc. and Silver File Investments Inc. and the corpora-
tion of the Town of Pickering with respect to the
development of Draft Plan 18T-79068 (Plans M-1194,
M-1202, M-1203, M-1207, etc.)
BY-LAW read a first, second and third time and finally passed
this 4th day of May , 1981.
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SCHEDULE "A" to By-law 1287/81
THIS AGRL'EMENT made in triplicate this 4th day of May, 1981.
b E T W E E N:
MAPLE RIDGE HOMES LTD.
hereinafter called the "Owner"
OF THE FIRST PART,
- and -
CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART,
- and -
CANADA PERMANENT TRUST COMPANY and
PETER KIRKLAND MARSHALL, surviving executors
of the Last Will and Testament of Kenric Adolphus
Marshall, THE ROYAL BANK OF CANADA (the holder
of Debentures Numbered D91409 and D90313) and
E. J. R. PHILLIPS INVESTMENTS LIMITED, a
Corporation incorporated under the laws of
the Province of Ontario
hereinafter called the "Encumbrancers"
OF THE THIRD PART.
WHEREAS, by Agreement dated June 16th,1980, and registered on
September 11th, 1980, as Instrument No. LT112902, between Black File
Investments Inc., Silver File Investments Inc., the Town and the
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 and 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 the said plan was registered on September 11th, 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; and
the remainder of the said plan has yet to be registered; and
WHEREAS, the Owner herein is the successor in title to Black File
Investments Inc. and Silver File Investments Inc. with respect to the
lands affected hereby; and
WHEREAS, by Agreement dated February 2nd, 1981, and registered on
March Ilth, 1981, as Instrument No. LT120676, between the Owner
herein, the Town and the Encumbrancers, certain amendments were made
to the former Agreement; and
- 2 -
WHEREAS, it is deemed desirable to amend further the said Agreement
in certain respects; and
WHEREAS, the Encumbrancers have certain rights or interests in the
nature of encumbrances relating to the lands affected hereby;
NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT, in consideration of the
sum of Two Dollars ($2.00) paid by each Party to the others, receipt
of which from each is hereby acknowledged by each, the Parties hereto
agree as follows:
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
0
•- 3 -
2. In this Agreement, the term,
(a) "Subdivision Agreement" shall mean the Agreement dated
June 16th, 1980 and registered September 11th, 1980 as
Instrument No. LT112902, between Black File Investments
Inc., Silver File Investments Inc., the Town and the
Encumbrancers; and
(b) "First Amendment Agreement" shall mean the Agreement
dated February 2nd, 1981 and registered March 11th, 1981,
as Instrument No. LT120676, between the Owner, the Town
and the Encumbrancers.
3. 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.
4. Subsection (1) of Section 16 of the Subdivision Agreement,
as amended by Section 7 of the First Amending Agreement, is
hereby further amended by adding thereto the following:
Block 307 The Corporation of the
(Reserve - Commercial Block) Town of Pickering
5. Section 22 of the Subdivision Agreement is hereby deleted and
the following substituted therefor:
The Owner agrees to construct or cause to be constructed
two hundred and eighty-eight (288) housing units, all of
which shall be completed within two (2) years of the date
of registration of the plan.
6. The fifth line of Section 25 of the Subdivision Agreement is
hereby amended by deleting therefrom the amount $439,500" and
by substituting therefor the amount $432,000".
7. Subsection 2 of Section 29 of the Subdivision Agreement, remade
by Section 9 of the First Amending Agreement is hereby deleted
and the following substituted therefor:
It is acknowledged and agreed that, in making the above-
mentioned conveyance, the Owner is conveying 0.9864 hectares
in excess of the area required by the Town to be conveyed
to it for park purposes for this subdivision; accordingly,
it is agreed that 0.9864 hectares of park dedication shall
exist to the credit of the Owner and may be applied by it
to any future such requirement in the Town.
8. (1) The fourth line of subsection (1) of section 1 of
Schedule "B" of the Subdivision Agreement is hereby
amended by deleting therefrom the figure "27,220" and
by substituting therefor the figure "26,755.5".
(2) Clause (d) of subsection (2) of section 1 of Schedule
"B" of the said Agreement is hereby deleted and the
following substituted therefor:
(d) the last 6689.5 square metres on or before
December 31st, 1986.
- 4 -
9. (1) Subsection (1) of Section 1 of Schedule "D" of the
Subdivision Agreement is hereby deleted and the
following substituted therefor:
(I-) It is acknowledged and agreed that the Owner
shall develop the plan of subdivision in eight
phases, as shown on Map 1 attached hereto.
(2) Subsection (4) of the said section is hereby amended
by adding thereto the following clause:
(h) The Eighth Phase of the plan shall be registered
on or before August 31st, 1983.
(3) Clause (f) of subsection (6) of the said section is
hereby deleted and the following substituted therefor:
(f) a further sixty (60) units within 2 years of the
date of registration of Phase Six;
(4) Clause (f) of subsection (7) of the said section is
hereby deleted and the following substituted therefor:
(£) a further $90,000 prior to the resigration of
Phase Six;
10. Subsection (1) of section 2 of Schedule "D" of the subdivision
Agreement is hereby deleted and the following substituted
therefor:
(1) Construction traffic shall enter the subdivision only
by means of temporary entrances, constructed and
maintained by the Owner,across lots in subsequent
Phases, except for such traffic entering Phases
Seven and Eight.
11. Map 1 to Schedule "D" to the Subdivision Agreement, as
replaced by section 17 of the First Amending Agreement, is
hereby deleted and the Map attached hereto substituted
therefor.
12. The Encumbrancers agree with the Town that this Agreement shall
have priority over and take precedence over any rights affected
hereby, whether or not any such right or interest was established
or arose prior to the date hereof and whether or not such right
or interest is set out in or arises by virtue of any instrument
or document registered on title to the lands affected hereby, or
any part of them, prior to the registration of this Agreement.
13. Time shall be of the essence of this Agreement.
14. This Agreement and everything herein contained shall enure to
the benefit of and be binding upon the Parties hereto, their
successors and assigns.
- 5 -
IN WITNESS WHEREOF, the said Parties have hereunto affixed
their Corporate Seals attested to by the hands of their proper officers
in that behalf fully authorized, and PETER KIRKLAND MARSHALL has
hereunto set-his hand and seal.
SIGNED, SEALED and DELIVERED
P
MAPLE RIDGE HOMES LTD.
President
Vice-President
THE CORPORATION OF THE TOWN OF PICKERING
E. J. R. PHILLIPS INVESTMENTS LIMITED
t
CANADA PERMANENT TRUST COMPANY
In the presence of
Authorized Signing Officer
Authorized Signing Officer
PETER KIRKLAND MARSHALL
THE ROYAL BANK OF CANADA, By Its Attorneys
Power of Attorney registered
as No.
on
MAP
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