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HomeMy WebLinkAboutBy-law 2754/88 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2754 [88 Being a by-law to authorize the execution of a Site Plan Agreement respecting Part Lot 18, Concession 9, Picketing, (Part Village Lot 2, Plan 12, Claremont ); (Karsten Smith, In Trust; Victorian Commercial; S 32/87). WHEREAS, as a condition of the approval of Site Plan Proposal S 32/87, the owner of Part Lot 18, Concession 9, Picketing, is required to enter into an appropriate Site Plan Agreement; NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Site Plan Agreement, in the form attached hereto as Schedule A, respecting the development of Part Lot 18, Concession 9, Pickering (Part Village Lot 2, Plan 12, Claremont); (Karsten Smith, In Trust; Victorian Commercial; S 32/87). BY-LAW read a first, second and third time and finally passed this 18th day of April, 1988. dhnlE. Andet~g'on, Mayor / BrUCe Taylor, Clerk - TOWN OF PICKERING -APPROVED THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2754/88 Being a by-law to authorize the execution of a Site Plan Agreement respecting Part Lot 18, Concession 9, Picketing, (Part Village Lot 2, Plan 12, Claremont); (Karsten Smith, In Trust; Victorian Commercial; S 32/87). WHEREAS, as a condition of the approval of Site Plan Proposal S 32/87, the owner of Part Lot 18, Concession 9, Pickering, is required to enter into an appropriate Site Plan 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 a Site Plan Agreement, in the form attached hereto as Schedule A, respecting the development of Part Lot 18, Concession 9, Pickering (Part Village Lot 2, Plan 12, Claremont); (Karsten Smith, In Trust; Victorian Commercial; S 32/87). BY-LAW read a first, second and third time and finally passed this 18th day of April, 1988. fnnlE. Andei~gon, Mayor BrUce Taylor, Ce~rk TOWN OF' ~ICKERING APPR0V£D LEGAL DEPt. THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2754/88 Being a by-law to authorize the execution of a Site Plan Agreement respecting Part Lot 18, Concession 9, Pickering, (Part Village Lot 2, Plan 12, Claremont); (Karsten Smith, In Trust; Victorian Commercial; S 32/87). WHEREAS, as a condition of the approval of Site Plan Proposal S 32/87, the owner of Part Lot 18, Concession 9, Picketing, is required to enter into an appropriate Site Plan 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 a Site Plan Agreement, in the form attached hereto as Schedule A, respecting the development of Part Lot 18, Concession 9, Picketing (Part Village Lot 2, Plan 12, Claremont); (Karsten Smith, In Trust; Victorian Commercial; S 32187). BY-LAW read a first, second and third time and finally passed this 18th day of April, 1988. ?" BrU~e Taylor, Clerk ToWN OF >ICKERING APPROVED LEGAL DEPT. SCHEDULE A THIS AGREEMENT made this 18th day of April, 1988. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING herein called the "Town" OF THE FIRST PART, - and - KARSTEN SMITH, IN TRUST herein called the "Owner" OF THE SECOND PART. WHEREAS the Owner herein is the registered owner, in fee simple, of the lands affected hereby; and WHEREAS pursuant to the provisions of the predecessor of section 40 of the Planning Act, R.S.O. 1980, chapter 379, the Council of The Corporation of the Town of Picketing enacted By-Law 1079/80 on January 21st, 1980, designating the whole of the area of the Town of Picketing as a site plan control area; and WHEREAS therefore, the Town requires the Owner to enter into an Agreement with it prior to the development, including redevelopment, of the said lands and the erection, construction and installation of buildings, structures, facilities and works thereon; NOW THEREFORE, THIS AGREEMENT WITNESSETH that in consideration of mutual benefits, the Parties~hereto agree as follows: 1. The land and premises affected by this Agreement (herein called the "Lands") are those lands in Lot 18, Concession 9, Picketing, more particularly described in Schedule A hereto. 2. No development, includir~g redevelopment, shall be undertaken on the Lands except in conformity with this Agreement and with the following plans and drawings (herein collectively called the "Plans"); prepared by Victorian Homes Inc.: (a) Drawing A1 - Site Plan, last revised January 26, 1988; and (b) Drawing A2 - Elevations, dated November, 1987. 3. The Owner shall maintain, in conformity with the Plans, to the Town's satisfac- tion and at the sole risk and expense of the Owner, all of the facilities and works that are both shown on the Plans and located on the Lands, and shall ensure the timely removal of snow from access ramps, driveways, parking and loading areas, and walkways. 4. This Agreement, the Schedule hereto, and everything contained therein, shall enure to the benefit of and be binding upon the Parties hereto and their re- spective heirs, executors, successors and assigns. IN WITNESS WHEREOF the Party of the First Part has hereunto affixed its corporate seal, duly attested by its proper authorized officers and the Party of the Second Part has hereunto set his hand and seal. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING John E. Anderson, Mayor Bruce Taylor, Clerk In the presence of Karsten Smith, In Trust ENCUMBRANCER This Agreement shall have priority over and take precedence over all of the Encumbrancer's rights or interests, whether or not any such right or interest was established or arose prior to the date hereof and whether or not such right or inter- est 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. Dated at this day of , 1988. SIGNED, SEALED & DELIVERED SOUTHVIEW INVESTMENTS INC. - 2 - I, Susan Smith, spouse of Karsten Smith, the Owner herein, hereby consents to the execution and entering into of this Agreement by Karsten Smith, In Trust. and to the registration of this Agreement upon the title to the Lands affected hereby and agree to be bound by the terms of the said Agreement. IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of , 1988. SIGNED. SEALED & DELIVERED In the presence of witness Susan Smith -3- SCHEDULE A FIRSTLY: ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Picketing, in the Regional Municipality of Durham, (former- ly in the Township of Picketing, in the County of Ontario), and being composed of a portion of the south-western part of Lot Number Eighteen (18) in the Ninth Conces- sion of the said Town of Picketing, which constitutes a part of Village Lot Number Two (2) in the Village of Claremont, Plan 12, according to a Plan of the said Village made by John Shier, Provincial Land Surveyor, and filed in the Registry Office for the Registry Division of Durham (No. 40), (formerly the Registry Office for the County of Ontario), on the 28th day of August, 1869, and which portion of said Village Lot Number Two (2) is more particularly described as follows, that is to say: COMMENCING at the North-west limit of the said Village Lot No. 2; THENCE SOUTH along the westerly limit of said Village Lot, 52 feet 8 inches more or less to a point; THENCE EAST and parallel with the Northerly limit of said Village Lot 2, 50 feet to a point; THENCE SOUTH and parallel with the Westerly limit of said Village Lot 2, 28 feet to a point; THENCE EAST and parallel with the Northerly limit, 82 feet more or less to a point in the Easterly limit of said Lot; THENCE NORTttERLY along the Easterly limit of Village Lot 2, 80 feet 8 inches more or less to the North-east limit of said Lot 2; THENCE WESTERLY along the Northerly limit of said Lot 2, 132 feet more or less to the Point of Commencement. SECONDLY: ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Picketing, in the Regional Municipality of Durham, (former- ly in the Village of Glaremont, in the County of Ontario), and being composed of a part of Village Lot Number Two (2), Plan 12, in the Town of Picketing as laid out on Lot Number Eighteen (18) in the Ninth Concession of the aforesaid Town of Picketing by W.E. Yarnold, P.L.S., and filed in the Registry Office for the Registry Office of Durham (40), on the 18th day of January 1856, and which said parcel is more partic- ularly described as follows: COMMENCING at a point in the westerly limit of the said Village Lot Number Two, at the distance of Eighty-four feet, four inches measured northerly from the south western angle of the said Village Lot; THENCE in an easterly direction parallel with the southerly limit of the said Village Lot, Fifty feet; THENCE in a Northerly direction parallel with the westerly limit of said Village Lot Twenty-eight feet; THENCE in a Westerly direction parallel with the said southerly limit, Fifty feet to the said westerly limit of said Village Lot; THENCE in a southerly direction along said westerly limit Twenty-eight feet, to the point of commencement, the same containing one-thirty first part of an acre more or less, as described in Instrument No. D215603. A-1 The Town of Pickering LEGAL DEPARTMENT Karsten Smith, In Trust - Part Lot 18, Concession 9, Picketing - (Part Village Lot 2, Plan 12, Claremont) - (Site Plan Agreement)