HomeMy WebLinkAboutBy-law 350/76THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER
Being a By-law of the Corporation
of the Town of Pickering to
authorize the execution of an
amending agreement between the
Corporation and Brock North
General Constractors Limited
WHEREAS By-law 217/75 authorized the execution of an agreement
between the Corporation of the Town of Pickering and Brock North
General Contractors Limited with respect to the construction of
a dwelling unit on Part of Lot 3, Plan 282 in the Town of Pickering;
AND WHEREAS due to an error in Paragraph 1 of that agreement, which
has the effect of reversing the intention of the agreement;
BE IT THEREFORE ENACTED that the Mayor and Clerk be authorized to
execute an amending agreement dated the tk _ day of ,
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1976, to reflect the true intention of the agreement.
By-law read a first, econd and third time and PASSED this
- day of , 1976.
t
Mayor
Clerk
THIS AGREEMENT made in triplicate this day of
A.D., 1976.
B E T W E E N:
THE CORPORATION OF THE TOWN OF PICKERING
(hereinafter referred to as the "Town"),
OF THE FIRST PART,
- and -
BROCK NORTH GENERAL CONTRACTORS LIMITED
(hereinafter referred to as the "Owner")
OF THE SECOND PART.
WHEREAS the Town and the Owner entered into an Agreement dated
the 5th day of May, 1975, respecting Part of Lot 3, Plan 282,
in the Town of Pickering in the Regional Municipality of
Durham, which land is more particularly described in Schedule"A"
attached hereto;
AND WHEREAS that Agreement was registered in the Registry
Office for the Registry Division of Durham (No. 40) on the
29th day of may, 1975, at 2:25 p.m. as Instrument No. D 7747;
AND WHEREAS a typographical error in that Agreement renders it
ambiguous such that it does not represent the true intent of
the parties;
AND WHEREAS the parties wish to clarify that Agreement such
that it does represent their true intent;
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of
their mutual covenants the parties hereto agree as follows:
1. The Owner hereby covenants and agrees that it or its
successors and assigns shall not apply for a building
permit nor construct a dwelling upon the lands which
are marked as A on Schedule "B" attached hereto and
forming part of this Agreement until such time as a
Secondary Plan is approved and in force for the area
in which said lands are located.
2. The parties hereto hereby covenant and agree that
Paragraph 1 in the Agreement between the parties
registered as Instrument No. D 7747 has been intended
to be, is being, and shall be interpreted as if it were
identical in all respects to Paragraph 1 hereof.
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3. This Agreement shall run with and be binding upon the lands
hereby affected and shall enure to the benefit of and be
binding upon the parties hereto, their heirs, administrators,
executors and assigns.
IN WITNESS WHEREOF the parties hereto have affixed their
corporate seals, attested by their officers duly authorized
in that behalf.
THE CORPORATION OF THE
TOWN OF PICKERING
Mayor
Administrator Clerk
BROCK NORTH GENERAL
CONTRACTORS LIMITED
Per:
Per:
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SCIIL:P'JLis "A"
ALI, At`U SIL?;i)LAR that certain parcel nr trnct of lan_i and premises
situat.e,?.lyln,3 nn11 being in the Township of Pickering, in the County of
Ontario, Find h^{ng composed of that part. of Lot. 3 according to a Plan
filed in tl:c Registry Office for the Registry Division of the County
of Ontario as Flan 282, more particularly described as follows:
Q?TII?3i7CT?:?; nt; a point in the westerly limit of Lnt 3 distrnt one hundred
and t.hrcc feet (1031) measured northerly thcrcalong from the south-nest
angle of Lot 3i
"TIIEhI(:fi P71)liIIIP;I?I?Y nlnr'?rl the; westr,riy limit, of Lnl. 3 n <ilst.nncr nl' one
hundrr,d arnl siy. feet six inches (1151 (") i,olo nr 1<?; Ln n polril Hwruln
distant thrcr., hundred aril three fret (3031) mrnrured southerly along
the westerly limit of Lot 3 from the north-wcstcrl,y angle of Lot 3;
711F'CF PJS'Ci:RLl' along a line drrjn parallel to the northrTlylimit. of Lot 3
a dlstonce of inur hundrecl and twr,nty-five feat. O12!;1) ror; nr loss, to
a. point in a line dividing the easterly and westerly halves of Lot 31
THENCE SMTHERLY along the last mentioned line n distance of one hundred
and six feet sir. inches (1061 6") more or less to a point distant one
hundred and three feet (1031) measured northerly therealong from the
southerly limit of Lot; 3)
TIIETJCE I-MSTFRLY nlong a line drawn parallel to the southerly limit of
Lot 3 a distnncc of four hundred and twenty-five feet (11251) more or
less to the place of beginning. -------------------------------
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