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HomeMy WebLinkAboutBy-law 1867/84THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1867 /84 Being a by-law to authorize the execution of a Development Agreement between George Neil McNeilly, George McNeilly, Rebecca McNeilly and the Corporation of the Town of Picketing respect- ing Part Lots 23 and 24, Concession 1, Picketing (A 23183) WHEREAS George Neil McNeilly, George McNeilly and Rebecca McNeilly are the owners o£ Part Lot 23, Concession 1, Pickering; and WHEREAS as a condition of the Town approving an application for rezoning of the lands, the owners are required to enter into a satisfactory Development Agreement; NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a Development Agree- ment, in the form attached hereto as Schedule A, between George Neil McNeilly, George McNeilly, Rebecca McNeilly and the Corporation of the Town of Picketing respecting Part Lot 23, Concession 1, Pickering (A 23183). BY-LAW read a first, second and third time and finally passed this 3rd day of July, 1954. er!~ TOWN OF PICKERING APPROVED LEGAL Schedule A THIS AGREEMENT made June 15th, 1984. BETWEEN : THE CORPORATION OF THE TOWN OF PICKERING hereinafter referred to as the "Town" OF THE FIRST PART, - and - GEORGE NElL McNEILLY and GEORGE McNEILLY and REBECCA MARGARET McNEILLY hereinafter collectively referred to as the "Owner" OF THE SECOND PART, - and - CONTINENTAL BANK OF CANADA and GEORGE IBANEZ hereinafter col/ectively referred to as the "Encumbrancer" OF THE THIRD PART. WHEREAS the Owner herein is the registered owner, in fee simple, of the lands affected hereby; and WHEREAS, the Encumbrancer has certain rights or interests in the nature of encum- brances relating to the lands affected hereby; 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 Picker- lng enacted By-Law 1079/80 on January 21st, 1980, designating the whole of the area of the Town of Pickerlng as a site plan control area; WHEREAS as a condition of the Town approving an application for rezoning of the lands (Application A 23]83), the Owner is required to contribute to the costs of the Pine Creek Storm Water Management Project and to provide to the Town a rightof-way over a portion of the lands; and WHEREAS therefore, the Town requires the Owner, with the consent of the Encumbrancer to enter into an Agreement with it prior to the development, including redevelopment, of the said lands and the erection, construction and installation of building, structures, facilities and works thereon; NOW THEREFORE, THIS AGREEMENT WITNESSETH that in consideration of mutual benefits, the Parties hereto agree as follows: The lands and premises affected by this Agreement (herein referred to as the "lands") are those lands more particularly described in Schedule A hereto. 2. No development, including redevelopment, shall be undertaken on the lands until, (a) plans showing the location of all buildings and structures existing or to be erected and showing the location of all facilities and works to be provided in conjunction therewith and of all facilities and works required under section 3 hereof, and (b) drawings showing plan, elevation and cross-section views for each indus- trial and commercial building to be erected which drawings shall be suffi- cient to display, (i) the massing and conceptual design of the proposed building; (ii) the relationship of the proposed buildings to adjacent buildings, streets and exterior areas to which members of the public have access; and (iii) the provision of interior walkways, stairs and escalators to which members of the public have access from streets, open spaces and interior walkways in adjacent buildings, have been submitted to the Town and approved by the Town's Director of Planning. 3. (1) As a condition to the approval of the plans and drawings referred to in section 2, above, the Town may require the Owner to provide to the satisfaction of and at no expense to the Town any or all of the following: (a) facilities to provide access to and from the lands, such as access ramps, curbs and traffic direction signs; (b) off-street vehicular loading and parking facilities, covered or uncovered, access driveways, including driveways for emergency vehicles, and the surfacing of such areas and driveways; (c) walkways, including the surfacing thereof, and all other means of pedestrian access; (d) facilities for the lighting, including floodlighting of the lands or of any buildings or structures thereon; (e) walls, fences, hedges, trees, shrubs or other groundcover or facilities for the landscaping of the lands or the protection of adjoining lands; (f) vaults, central storage and collection areas and other facilities and enclosures for the storage of garbage and other waste mater- ial; (g) easements conveyed to the Town for the construction, maintenance or improvement of watercourses, ditches and land drainage works on the lands; and (3) (h) grading or alteration in elevation or contour of the land and provision for the disposal of storm, surface and waste water from the lands and from any buildings or structures thereon. As a further condition to the approval of the said plans and drawings, the Town may require the Owner to maintain, to the Town's satisfaction and at the sole risk and expense of the Owner, any or all of the facilities or works mentioned in of subsection (1), above, including the removal of snow from access ramps and driveways, parking and loading areas and walkways. For the purpose of guaranteeing the maintenance, by the Owner, of any works and facilities required to be maintained pursuant to a condition of approval imposed under subsection (2), above, the Town may require the Owner to provide, prior to the issuance of a building permit, security in the form of an irrevocable letter of credit issued by a chartered bank in Canada in an amount and for a term determined by the Town, which security may he drawn upon by the Town in such amounts, and at such times as the Town, in its sole discretion, deems advisable, should the Owner fail to maintain the said facilities or works to the Town's satisfac- tion. Upon approval by the Town's Director of Planning of the plans and drawings referred to in section 2, above, the proposed buildings, structures, facilities and works shall be erected, constructed, installed and maintained in confor- mance with the said plans and drawings, as approved. If erection, construction or installation has not commenced within one (1) year of the date of approval of the plans and drawings referred to in section 2, the approval shall become null and void and the plans and drawings must be re-submitted for approval prior to any erection, construction or installation commencing. On or before the submission to the Town of the plans and drawings referred to in section 2, above, the Owner shal] pay to the Town a contribution to the costs of the Pine Creek Storm Water Management Project, which contribution shall be calculated at the rate of $1,898 per hectare of the area of the lands, which rate shall be adjusted annually, for a maximum of five years from the date of this Agreement, according to the Southam Construction Cost Index for Ontario, composite portion. (1) (2) (3) On or before the submission to the Town of the plans and drawings referred to in section 2, above, the Owner shall convey to the Town, at no cost to the Town and free and clear of all encumbrances, an irrevoca- ble right-of-way for the purposes of vehicular and pedestrian ingress and egress between Kingston Road and the property to the east, across that portion of the lands cross-hatched on Schedule B hereto. The right to use that right-of-way shall be assignable by the Town to the owner of the property immediately to the east and to the owner of the second property to the east. In the event that the Town obtains a similar right-of-way from either or both of those owners, the Town shall assign to the Owner herein the right to use the similar right-of-way or rights-of-way. This Agreement shall have priority over and take precedence over all of the Encumbrancer's rights or interest, whether or not any such right or interest was established or arose prior to the date hereof and whether or not such right or interest 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. This Agreement, the Schedules A and B hereto, and everything contained therein, shah enure to the benefit of and be binding upon the Parties hereto and their respective heirs, executors, successors and assigns. IN WITNESS WHEREOF the corporate parties hereto have hereunto affixed their re- spective corporate seals, attested in each case by their proper authorized officers and the other parties hereto have hereunto affixed their hands and seals. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk In the presence of Witness Witness Witness GEORGE NElL ~N~I~LY~ GEORG ~t~LLY REBECCA MARGARET McNEILLY In the presence of CONTINENTAL BANK OF CANADA Witness GEORGE IBANEZ SCHEDULE A ALI, 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 the Township of Pickering, County of Ontario), in the Province of Ontario, and being composed of those parts of Lots 23 and 24, Concession 1, more particularly described as follows: PREMISING that the Southerly limit of the Kingston Road, as shown on Deposit Plan 31 (Highways) on file at the Registry Office for the Registry Division of the County of Ontario, is North 42 degrees 25 minutes 30 seconds East and relating all bearings used herein thereto; COMMENCING at a point in the said Southerly limit, Southwesterly thereon from the intersection of the said Road with the line between the said Lots 23 and 24; distant 32.93 feet measured Southerly limit of Kingston THENCE South 17 degrees 41 minutes East along a fence to an angle therein, a dis- tance of 618 feet; THENCE North 69 degrees 34 minutes East and continuing along said fence to an angle therein, a distance of 24 feet; THENCE South 17 degrees 07 minutes East along said fence to a point in line with a fence, running Easterly a distance of 64 feet; THENCE North 71 degrees 40 minutes East along said fence, a distance of 116.30 feet; THENCE North 20 degrees 30 seconds West to a point in the said Southerly limit of the Kingston Road, distant 124.34 feet measured North-easterly thereon from the point of commencement, a distance of 742 feet, more or less; THENCE South 42 degrees 25 minutes 30 seconds West along said Southerly limit of the Kingston Road, a distance of 124.34 feet the point of commencement, the said parcel containing Two (2) acres. Save and Except lands in Highways Plan Number 544, filed in the said Registry Office. And Save and Except that portion thereof designated as PART 5 on a Reference Plan deposited in the Registry Office for the Registry Division of the County of Ontario as Plan R.D. 103 (Department of Highways Plan P-1922-74). AS DESCRIBED in Instrument Number 260050. SCHEDULE B (to be completed upon receipt of survey)