HomeMy WebLinkAboutBy-law 1030/79THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1030/79
Being a By-Law to authorize the execution
of an amendment to the Subdivision Agree-
ment between the Corporation of the Town
of Pickering and Hollinger Construction
Limited respecting Lot 31, Plan 350,
Pickering (Draft Plan 18T-77006)
WHEREAS, Hollinger Construction Limited proposes to
subdivide and register a plan of subdivision of Lot 31,
Plan 350, Town of Pickering; and
WHEREAS, in furtherance thereof, the Corporation of
the Town of Pickering and Hollinger Construction Limited
entered into a Subdivision Agreement dated March 19th, 1979
the execution of which by the Town was authorized by the
enactment of By-Law 969/79; and
WHEREAS, it is deemed expedient at this time to amend
the said Subdivision Agreement in certain respects;
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 amendment in the form attached
hereto as Schedule "A", to the Subdivision
Agreement dated March 19th, 1979, both
between the Corporation of the Town of Pick-
ering and Hollinger Construction Limited
respecting Lot 31, Plan 350, Pickering
(Draft Plan 18T-77006).
BY-LAW read a first, second and third time and finally passed
this 30th day of July , 1979.
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SCHEDULE "A" TO BY-LAW 1030/79
THIS AGREEMENT made this day of , 1979.
BETWEEN:
HOLLINGER CONSTRUCTION LIMITED
hereinafter called the "Owner"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART,
- and -
hereinafter called the "Encumbrancers"
OF THE THIRD PART.
WHEREAS, the Owner proposes to register a plan of
subdivision of Lot 31, Plan 350, Pickering, as shown on a
draft plan of subdivision prepared by Bryan T. Davies,
O.L.S., dated January 11th, 1977, as revised in red, and
given draft approval by the Minister of Housing on October
3rd, 1977, as Draft Plan Number 18T-77006; and
WHEREAS, in furtherance thereof, the Owner, the
Town and the Encumbrancers entered into a Subdivision
Agreement, dated March 19th, 1979, which Agreement it is
now deemed expedient to amend, in part; 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 Town approving the said proposed plan
of subdivision and the covenants hereinafter expressed,
the parties hereto covenant and agree one with the other
as follows:
- 2 -
1. LAND AFFECTED
The lands affected by this Agreement are:
ALL AND SINGULAR that certain parcel or tract
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,
Lot 31, according to a plan registered in the
Registry Office for the Registry Division of
Durham as Plan 350.
AMENDMENT RESPECTING DEDICATION OF ROAD
Subsection 1 of section 7 of Schedule "B" of
the Subdivision Agreement dated March 19th,
1979, between the Parties hereto, respecting
the land affected hereby is deleted therefrom
and the following substituted therefor:
(1) The Owner agrees to dedicate the lands
designated Block B (on the draft plan
of subdivision) as a public highway on
the final plan of subdivision upon the
registration thereof.
AMENDMENT RESPECTING DEMOLITION OF EXISTING
BUILDINGS
Schedule "B" of the said Agreement is hereby
amended by adding thereto the following:
12. Notwithstanding any other provision
herein, the owner hereby agrees to
demolish any and all buildings sit-
uate upon the land designated Block
B (on the draft plan of subdivision)
within 90 days of the registration
of the final plan herein.
4. ENCUMBRANCERS
The Encumbrancers agree with the Town that
the above-mentioned Subdivision Agreement as
amended hereby shall have priority over and
take precedence over any rights or interests
they may have in the lands affected hereby,
whether or not any such right or interest is
set out in or arises by virtue of any instru-
ment or document registered on title to the
lands affected hereby, or any part of them,
prior to the registration of that Subdivision
Agreement or this amendment thereto.
- 3 -
5. INTERPRETATION
(1) Time shall be of the essence herein.
(2) This Agreement and everything herein con-
tained 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 fully authorized.
SIGNED, SEALED and DELIVERED
HOLLINGER CONSTRUCTION LIMITED
Per:
Per:
THE CORPORATION OF THE TOWN OF PICKERING
Per:
Per:
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