HomeMy WebLinkAboutBy-law 1196/80j
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1196/80
' !I
Being a By-Law to authorize the execution
of an Agreement among the Corporation of
the Town of Pickering and 427561 Ontario
Inc. and R. Durtnell & Sons (Canada)
Limited respecting Part Lot 28, Concession
1, Pickering (LD 280/79)
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WHEREAS, by Decision dated August 27th, 1979, the Regional Munici-
pality of Durham Land Division Committee approved the above
application subject to several conditions, one of which requires
that an Agreement be entered into respecting the future develop-
ment of the lands herein;
i.
NOW THEREFORE, the Council of the Corporation of the Town of
Pickering HEREBY ENACTS AS FOLLOWS:
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1. The Mayor and Clerk are hereby authorized to execute an
Agreement, in the form attached hereto as Schedule "A"
among the Corporation of the Town of Pickering and
427561 Ontario Inc. and R. Durtnell & Sons (Canada)
Limited respecting Part Lot 28, Concession 1, Pickering
(LD 280/79).
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BY-LAW read a first, second and third time and finally passed
this 20th day of October , 1980.
TOWS! OF
PICI;EFJNC;
AS TO
SCHEDULE, "A" to By-law 1196/80
THIS AGREEMENT made this day of
B E T W E E N:
THE CORPORATION OF THE TOWN OF PICKERING
- hereinafter called the "Town"
, 1980.
OF THE FIRST PART,
- and -
427561 ONTARIO INC.
hereinafter called the "Owner"
OF THE SECOND PART,
- and -
R. DURTNELL & SONS (CANADA) LIMITED
hereinafter called the "Encumbrancer"
OF THE THIRD PART.
1.
2.
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WHEREAS, by decision dated August 27t1!. 1979, the Land
Division Committee of the Regional Mu;;icipality of Durham
approved Application -LD 280/79,.made.by R..Durtnell & Sons
(Canada) Limited; respecting the sevc-rance of the subject
lands from certain adjacent lands, -?ubject:to certain con-
ditions; and
WHEREAS, one of the said conditions requires an Arjreeme,it
be entered into between the owner of the subject lands and
the Town; and
WHEREAS, 427561 Ontario Inc. is the fee simple owner, as of
the date hereof, of the subject lands; and
WHEREAS, the Encumbrancer has certain rights or interests
in the subject lands;
NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT, . _'Ulr? i.dere-?ion
of the sum of $2.00 now y aid by each Party to ca PotAl-. .
receipt of which by all'lart..:es is hereb; r l:nowi?', the
Parties, berieto- agree
The lands affected hereby, the "subject lands", are those
lands more particularly described in Schedule "A" hereto.
No owner of the subject lands nor any person on behalf of
any such owner, shall apply for a permit to construct any
building or structure to be located on the subject lands
and to which the Ontario Building Code, or any successor
thereto, as amended from time to time, applies, unless t',-
subject lands have first been included in a plan of sub•'
vision approved pursuant to The Planning Act, or any suc-
cessor thereto,•'as amended from time to time,.which plan
-2-
3.
4.
5
has been registered in the Land Titles Office for the Registry
Division of Durham.
The Encumbrancer agrees with the Town that the provisions of
this Agreement shall have priority over and take precedence
over any of its rights and interests affected hereby, whether
or not any such right or interest was established or arose
prior to the date hereof and whether or not any such right
or interest is set out in or arises by virtue of any instru-
ment or document registered against the title to the subject
lands, or any part of them, prior to the registration of this
Agreement.
Whenever in this Agreement a singular.noun, pronoun or verb
is used, it shall be read and construed as including the
plural thereof.
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 Parties hereto have affixed their
respective corporate seals, attested by the hands of their
duly authorized officers.
SIGNED, SEALED and DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
427561 ONTARIO INC.
Per:
Per:
R. DURTNELL & SONS (CANADA) LIMITED..
Per:
Per:
SCHEDULE "A"
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 those parts of Lot 28, Concession 1,
designated as Parts 5 and 6 on a plan of reference deposited
in the Registry Office for the Registry Division of Durham
(No. 40), as Plan 40R
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