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HomeMy WebLinkAboutBy-law 1041/79THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1041 Being a By-Law to authorize the execution of an Agreement between the Corporation of the Town of Pickering and Orangebrook Developments Limited amending a Site Plan Agreement dated June 19th, 1978, regis- tered September 22nd, 1978 as Instrument No. D77228 (LD 341/78 and LD 342/78). TO`NN OF PICK:EMN-1 WHEREAS, pursuant to section 5.26 of By-Law 2511, as amended by By-Law 190/75, the Corporation of the Town of Pickering and Orangebrook Developments Limited entered into a Site Plan Agreement, dated June 19th, 1978, registered September 22nd, 1978 as Instrument No. D77228, respecting Part Lot 20, Range 3, Broken Front Concession (Part 3, Plan 40R-3953) ; and WHEREAS, the Land Division Committee of the Regional Municipality of Durham, in approving application LD 341/78 and LD 342/78, on September 25th, 1978, imposed certain con- ditions upon Orangebrook Developments Limited respecting the layout of development to take place on the subject lands; and WHEREAS, it is deemed advisable to amend the said Site Plan Agreement in order to implement the conditions imposed by that Committee; 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 the Corpora- tion of the Town of Pickering and Orangebrook Developments Limited, amending a Site Plan Agreement between those Parties, dated June 19th, 1978 and registered September 22nd, 1978 as Instrument No. D77228, respecting Part Lot 20, Range 3, Broken Front Concession (Part 3, Plan 40R-3953). (LD 341/78 and LD 342/78). BY-LAW read a first, second and third time and finally passed this 4th day of September , 1979. 7yor i Cler i L_E(-''AL SCHEDULE "A" To By-law #1041/79 THIS AGREEMENT made this day of BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING hereinafter referred to as the "Town" , 1979. OF THE FIRST PART, - and - ORANGEBROOK DEVELOPMENTS LIMITED hereinafter referred to as the "Owner" OF THE SECOND PART. WHEREAS the owner is the owner in fee simple of the lands affected hereby and wishes to develop and redevelop the said lands; and WHEREAS, pursuant to section 5.26 of By-Law 2511, as amended by By-Law 190/75, the Town and the Owner entered into a Site Plan Agreement, dated June 19th, 1978, regis- tered September 22nd, 1978 as Instrument Number D77228, respecting the lands affected hereby; and WHEREAS the Owner is required by Decision dated September 25th, 1978, of the Land Division Committee of the Regional Municipality of Durham to satisfy the Town with respect to the layout of the development on the lands affected hereby (LD 341/78); NOW THEREFORE, THIS AGREEMENT WITNESSETH that in con- sideration of the covenants and Agreement herein contained and subject to the terms and conditions hereinafter set out, the parties hereby agree as follows: 1. The lands affected by this Agreement are those lands and premises more particularly described in Schedule I hereto. 2. The Agreement dated June 19th, 1978, registered September 22nd, 1978 as Instrument Number D77228, made between the Parties hereto and relating to the lands affected hereby, is here- by amended by adding thereto the following sec- tion: 2a. All site plan or plans submitted by the Owner pursuant to section 2 hereto shall, in the lotting layout set out therein, conform to the lotting layout shown on Schedule B, attached hereto and shall provide for the construction and dedication, ac uo cost to the Town, of all streets to be provided on the lands affected hereby. -z- 3. The said Agreement is hereby further amended by adding thereto, as Schedule B thereto, the sketch attached to this Agreement as Schedule II hereto. 4. This Agreement and everything contained herein 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 corporate seals, attested by the hands of their duly authorized officers. SIGNED, SEALED and DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Mayor ORANGEBROOK DEVELOPMENTS LIMITED Per: Per: SCHEDULE I 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 that part of Lot 20, Range 3, Broken Front Concession, designated as Part 3 on a Plan of Survey of Record registered in the Registry Office for the Registry Division of Durham as Plan Number 40R-3953.