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HomeMy WebLinkAboutBy-law 3549/90 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3549/90 Being a by-law to authorize the execution of a Release of an Agreement between the Town .ayt The Jesuit Fathers of Upper Canada Holding Corporatton respecting Part Lot 22, Concession 2, Pickering (Part l, Plan 40R-4678) .WI-I~. REAS it is necessary to remove from title an Agreement between the Town and The Jesuit Fathers of Upper Canada Holding Corporation dated February 13, 1979 and registered March 26, 1979 as Instrument No. D86763; 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 Release, in the form attached hereto as Schedule A, of an Agreement d. ated February 13, 1979 and regi~.tered March 26, 1979 as Instrument No. D86763 respecting that part of Lot 22, Concession 2, Pickering, designated as Part 1, Plan 40R-4678. BY-LAW read a first, second and third time and finally passed this 17th day of September, 1990. <....._--~- Bruce Taylo ,t~Cler~/' TOWN C~ I I pICKIERiNG ! kPPROVED THE CORPORATION OF THE TOWN OF pIGKERING BY-LAW NO, 3549/9g Being a by-law to authorize the execution of a Release of an Agreement between the Town and The Jesuit Fathers of Upper Canada HoMing Corporation respecting Part Lot 22, Concession 2, Picketing (Part 1, Plan 40R-4678) WH.EREAS it is necessary to remove from title an Agreement between the Town and The Jesuit Fathers of Upper Canada Holding Corporation dated February 13, 1979 and registered March 26, 1979 as Instrument No. D86763; NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS FOI.I OWS: 1. The Mayor and Clerk are hereby authorized to execute a Release, in the form attached hereto as Schedule A, of an Agreement dated February 13, 1979 and registered March 26, 1979 as Instrument No. D86763 respecting that part of Lot 22, Concession 2, Picketing, designated as Part 1, Plan 40R-4678. BY-LAW read a first, second and third time and finally passed this 17th day of September, 1990. Wayne Arth~,~, Mayo7 ' Bru~:e Taylo ,r~Cler~¢/ TOWN CF PlCKERING APPROVED RELEASE In consideration of the sum of Two Dollars ($2.00) paid to it, receipt of which is hereby by it acknowledged, THE CORPORATION OF THE TOWN OF PICKERING hereby releases and forever discharges THE JESUIT FATHERS OF UPPER CANADA HOLDING CORPORATION its heirs, executors, administrators, successors and assigns, of and from all claims, demands, damages, actions or causes of action which may have arisen, are arising, or may arise as a result of or in any way related to an Agreement dated February 13, 1979 and registered as Instrument No. D86763 on March 26, 1979 between THE CORPORATION OF THE TOWN OF PICKERING and GROVEDALE HEIGHTS LIMITED concerning that part of Lot 22, Concession 2, Picketing, designated as Part 1, Plan 40R-4678. IN WITNESS WHEREOF The Corporation of the Town of Picketing has hereunto affixed its corporate seal attested by its properly authorized officers this 17th day of September, 1990. SIGNED, SE..dLED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk THIS AGREE~tENT made in duplicate this / day of i-.. -~- , 1979. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING hereinafter referred to as the "Town" OF THE FIRST PART, THE JESUIT FATHERS OF UPPER CANADA HOLDING CORPORATION hereinafter referred to as the "Owner" OF THE SECOND PART. WHEREAS, section 5.26 of By-Law 3036, as _added by_By- Law 190/75, placed all lands referred to in By-Law 3036 under development control pursuant to the provisions of section 35a of The Planning Act, R.S.O. 1970, chapter 349, as amended by S.O. 1973, chapter 168; and WHEREAS, therefore, the Town requires the Owner to enter into an Agreement with it prior to development or redevelopment of the lands affected hereby and any build- ings constructed or to be constructed thereon; NOW THEREFORE, THIS AGREEMENT WITNESSETH that in con- sideration of mutual benefits, the Parties hereto agree as follows: 1. The lands affected by this Agreement are those lands and premises more particularly described in Schedule "A" hereto. 2. No existing building or buildings shall be altered and erected on the lands hereinbefore described until a site plan or plans displaying the following informa- tion is or are submitted to the Town by the Owner and approved by the Town: (a) location of proposed building or buildings; (b) height of proposed building or buildings; (c) locations of proposed entrances and exits to proposed buildings; (d) locations of proposed entrances and exits to abutting roads; (e) area and location of lands to be used for parking; (f) elevations of proposed buildings, indica- ting proposed exterior material types and colours; (g) proposed landscaping features; (h) use of lands no% covered or to be covered by buildings; (i) locations of all.hydro-electric power and gas; (j) locations, types and colours of all exter- ior signs; (k) locations and types of all exterior light- ing fixtures and standards; (1) locations of all loading and unloading facilities; (m) locations and types of all proposed fencing; (n) proposed grading of the lands and provisions for storm and sanitary drainage and water service; (o) locations of all proposed garbage storage facilities; and (p) locations and specifications for all pro- posed standpipes and the locations of all proposed fire routes. 3. Upon approval by the Town of the site plan or plans, the proposed buildings and other works shown on the plan or plans shall be erected in conformance with the plan or plans. 4. If construction has not commenced within one (1) year of the date of approval of the plan or plans, the plan or plans shall become null and void and a new site plan or plans must be submitted displaying the infor- mation required in section 2 and must be approved by the Town prior to any construction being commenced. 5. Any works required to be done on road allowances shall be done according to the specifications of the relevant authority and be subject to the approval of such author- ity. 6. Only one architectural or engineering firm shall be used and employed by the Owner for the development of the lands hereinafter described. 7. The Owner shall comply with any and all zoning require- ments in force at any time and pertaining to the area within which the lands hereinbefore described are sit- uate, especially but not necessarily limited to the requirements of By-Law 3036 as amended. - 3 - 8. The Owner agrees that all proposals for exterior signs and exterior lighting of all types shall be subject to the approval of the Town and the Regional Municipality of Durham, and, upon receipt of such approvals, the said proposals shall be implemented only as approved. 9. The Owner agrees that all proposals for access to and from public lands, including roadways, shall be subject to the approval of the Town and the Regional Municipal- ity of Durham, and, upon receipt of such approvals, the said proposals shall be implemented only as approved. 10. This Agreement and everything contained herein shall enure to the benefit of and be binding upon the Parties hereto and 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 CORRORATION OF THE TOWN OF PICKERING THE JESUIT FATHERS OF UPPER CANADA HOLDING CORPORATIpN SCHEDULE "A" Ail 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, Province of Ontario (fo~.erly in the Township of Picketing in the County of Ontario) and being composed of Part of Lot 22, Concession 2, designated as Part 1 on a plan of survey of record filed in the Registry Office for the Registry Division of Durham as Plan 40R-4678.