HomeMy WebLinkAboutBy-law 1638/83THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW N0.1638/83
Being a by-law to provide for the release
of covenants in Deeds or Transfers of
industrial lands
WHEREAS the Corporation of the Town of Pickering, and its predecessor, the Corpora-
tion of the Township of Pickering, have conveyed certain lands in the Brock Indus-
trial Area to various purposes su~ect to a set of covenants designed to provide
for the appropriate development of the Town's industrial areas; and
WHEREAS it is desirable to provide for an expedient manner for the releasing of such
covenants upon certain conditions;
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 of any covenant,
contained in a Deed or Transfer of industrial lands, in the following form:
The Grantee hereinafter covenants and agrees to commence construction
of square feet of factory and office space within six
months after and to substantially complete the said
construction within one (1) year after , 19 ,
if the required space has been constructed.
2. The Mayor and Clerk are hereby authorized to execute a Release of any covenant,
contained in a Deed or Transfer of industrial lands, in the following form:
The Grantee herein also covenants and agrees that in the event that
it defaults in the said covenant to commence construction or to con-
struct the stipulated number of square feet of factory and office
space within the time limits provided for herein, that it shall, at
the sole option of the Grantor, reconvey the real property to the
Grantor at the price of $ per acre, free of all encum-
brances and subject to the usual adjustments with no allowance to
be made for any improvements to the real property, such reconveyance
to be completed within thirty (30) days after the date of default,
provided that it is understood and agreed that the periods referred
to in this paragraph shall be extended by the periods of any delay
beyond the control of the Grantee, which shall without limiting the
generality of the foregoing, include shortages of material or labour,
strike, lock-out, fire and Acts of God,
if the required space has been constructed.
3. The Mayor and Clerk are hereby authorized to execute a Release of any covenant,
contained in a Deed or Transfer of industrial lands, in the following form:
The Grantee herein also covenants and agrees that if any part of the
real property is not built upon and is to be sold within fifteen (15)
years after , 19 , the Grantor herein shall have the
first right to purchase such part of the property at the price of
$ per acre free of all encumbrances and subject to the
usual adjustments, such right to purchase to be exercised within four-
teen (14) days of receipt of notice from the Grantee herein that the
property is to be sold and such purchase to be completed within sixty
(60) days of receipt of such notice, if the said right to purchase is
exercised. The Grantee herein shall send by prepaid registered mail a
notice in writing to the Grantor at its Municipal Offices forthwith
upon offering any part of its land for sale,
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if the Director of Planning verifies that the lands cannot be severed in such
a manner as to create a vacant parcel or parcels that would comply with the Town's
applicable Restricted Area By-Law or By-Laws.
4. The Mayor and Clerk are hereby authorized to execute a Release of any covenant,
contained in a Deed or Transfer of industrial lands, in the following form:
The Grantee shall obtain covenants in the form of the preceding two
paragraphs and the covenant required in this paragraph from any per-
son purchasing or otherwise acquiring the subject lands, or any part
of them, from the Grantee herein,
after or at the same time as the covenants referred to in sections l, 2 and
3, above, are released.
5. The Mayor and Clerk are hereby authorized to execute a Release of any covenant,
contained in a Deed or Transfer of industrial lands, in the following form:
The Grantee herein also covenants and agrees that for a period of 20
years after , 19 :
1. The real property shall be used only for the purpose permitted
under the Restricted Area By-Law in effect from time to time.
No building permit will be applied for nor will any building(s)
be erected o~ the real property until a site plan displaying
the following information has been approved by the Township of
Pickering:
A) Location of proposed building(s);
Height of proposed building(s);
c)
Elevation of the proposed building and types and colour of
exterior material of the front and other walls, including
potential expansion walls;
D) Location of entrances and exits to abutting roads;
E) Area and location of land to be used for offstreet parking;
F) Use of all lands not covered or to be covered by building(s),
including areas to be seeded or sodded;
G)
The grading of the real property and adjacent Township boul-
evard and provisions for storm and sanitary drainage and water
services;
H) Location of all hydro electric power and gas mains;
I) Design and location of any company and/or product identifica-
tion sign or signs.
Upon approval of the said site plan by the Township, the proposed
building(s) and other works shown on the said plan will be erected
in conformance with the said site plan; the exterior of any build-
ing to be erected shall be substantially completed within twelve
(12) months from the date that the excavation is made for the foot-
ings of such building (except for the building specified to be sub-
stantially completed within one year after , 19 ); no
building waste or other material of any kin~e dumped or
stored on the real property during the construction except clean
earth; and the real property shall be kept in a neat and tidy con-
dition during the course of construction to such reasonable stand-
ards as the Township may request.
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The seeding or sodding in accordance with the said site plan shall
be completed within six months of the completion of the building(s)
shown on the said site plan, weather permitting.
No hydro sub-station or transformer will be erected on the front
yard, or in the side yard formed by the flank wall of a building
erected on a corner lot and the streetline on which such corner lot
has flankage.
Paved areas shall constitute more than 50% of the front yard area
(that part of the yard lying between the front wall of a building
and the travelled portion of the street including twenty-five (25)
foot side yards), or in the side yard between the flank wall of a
building erected on a corner lot and the edge of the travelled
portion of the street on which such corner lot has flankage.
No building(s) will be erected or maintained having exposed duct
work, air conditioning units, cooling towers, tanks or similar
installations unless the same have first been approved in writing
by the Township.
Any proposed expansion wall shall be kept painted in a colour
closely resembling the other walls; structural steel and reinforced
concrete framing shall be suitably finished for appearance and pro-
tection, and all driveways, parking and loading areas shall be
paved except in rear yards.
Garbage shall be kept and disposed of in a sanitary manner and none
shall be placed in or allowed to enter any stream flowing through
the real property.
10.
No animal, livestock or fowl of any kind whatsoever may be kept on
the real property except that dogs, cats and caged birds, other
than pigeons, may be kept as pets.
ll. No breeding of pets for sale shall be carried on upon the real prop-
erty.
12.
Any building which shall have been, in whole or in part, destroyed
by fire, lightning or tempest, shall either be rebuilt forthwith
or all debris removed and the lot restored forthwith to a sightly
condition in keeping with neighbouring properties.
13.
The land between the Grantee's property line and the travelled por-
tion of the road allowance shall be landscaped and maintained to
the satisfaction of the Township engineer,
at any time.
6. The Mayor and Clerk are hereby authorized to execute a Release of any covenant,
contained in a Deed or Transfer of industrial lands, in the following form:
The Grantee shall obtain a covenant in the form of the preceding para-
graph with respect to the restrictions governing the land for a period
of 20 years after , 19 , from any person purchasing or
otherwise acquiring the subject lands or any part of them from the said
Grantee herein,
after or at the same time as the covenant referred to in section 5 is released.
7. The Mayor and Clerk are hereby authorized to execute a Release of any covenant,
contained in a Deed or Transfer of industrial lands, in the following form:
Provided that any approvals that the Grantee herein is required to
obtain from the Grantor herein will not be unreasonably withheld,
after or at the same time as the covenants referred to in sections l, 2, 3, 4,
5 and 6, above, are released.
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BY-LAW read a first, second and third time and finally passed this 21st
March , 1983.
day of
May6r (Acting)
Clerk