HomeMy WebLinkAboutBy-law 1112/80THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1112 /80
Being a By-Law to authorize the execution
of a site plan agreement between the
Corporation of the Town of Pickering and
Tilcor Investment Company Limited with
respect to Part Lot 18, Concession 1, Pickering
(Pickering Truck Centre, Toy Avenue)
WHEREAS, pursuant to the provisions of section 35 (a)
of The Planning Act, R.S.O. 1970, Chapter 349, as amended,
the Council of the Corporation of the Town of Pickering
enacted By-Law 1079/80 on January 21, 1980, designating the
whole of the area of the Town as a site plan control area;
and
WHEREAS, therefore, the Town requires TilccrInvestment
Company Limited to enter into an agreement with the Town
prior to the development including redevelopment, of that
Company's lands, being Part Lot 18, Concession 1 (Toy
Avenue) and the erection, construction and installation
of buildings, structures, facilities and works thereon;
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 site plan agreement, in the form attached hereto
as Schedule "A", between the Corporation of the Town
of Pickering and Tilcor Investment Company Limited
with respect to the development and redevelopment of
that part of Lot 18, Concession 1, Pickering referred
to therein (Pickering Truck Centre, Toy Avenue).
BY-LAW read a first, second and third time and finally passed
this 21st day of April , 1980.
TOWN
PICKERI F
G
APPROV
AS TO FO M
LEGAL D
SCHEDULL "A" to By-law 1112/80
THIS AGREEMENT made this day of , 1980.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERIN
hereinafter referred to as the "Town"
OF THE FIRST PART,
- and -
TILCOR INVESTMENT COMPANY LIMITED
hereinafter referred to as 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 section 35a
of The Planning Act, R.S.O. 1970, chapter 349, as amended
by The Planning Amendment Act, 1979, S.O. 1979, chapter 59,
the Council of the Corporation of the Town of Pickering
enacted By-Law 1079/80 on January 21st, 1980, designating
the whole of the area of the Town 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:
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1. The lands and premises affected by this Agree-
ment (hereinafter 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 build-
ings 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 facil-
ities and works required under section
3 hereof, and
(b) drawings showing plan, elevation and
cross-section views for each industrial
and commercial building to be erected
which drawings shall be sufficient to
display,
(i) the massing and conceptual
design of the proposed
buildings;
(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 escal-
ators to which members of
the public have access from
streets, open spaces and
interior walkways in adja-
cent buildings,
have been submitted to the Town and
approved by the Town's Director of Plan-
ning.
3. (1) As a condition to the approval of the
plans and drawings referred to in sec-
tion 2, above, the Town may require
the Owner to provide to the satisfac-
tion of and at no expense to the Town
any or all of the following:
(a) widenings or extensions of high-
ways that abut on the lands;
(b) facilities to provide access to
and from the lands, such as
access ramps, curbs and traffic
direction signs;
(c) 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;
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(d) walkways, including the surfac-
ing thereof, and all other
means of pedestrian access;
(e) facilities for the lighting,
including flood-lighting, of
the lands or of any buildings
or structures thereon;
(f) walls, fences, hedges, trees,
shrubs or other groundcover or
facilities for the landscaping
of the lands or the protection
of adjoining lands;
(g) vaults, central storage and
collection areas and other
facilities and enclosures for
the. storage of garbage and
other waste material;
(h) easements conveyed to the Town
for the construction, mainten-
ance or improvement of water-
courses, ditches and land
drainage works on the lands;
and
(i) grading or alteration in eleva-
tion 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.
(2) 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
clauses (b), (c), (d), (e), (f), (g), (h)
and (i) of subsection (1), above, includ-
ing the removal of snow from access ramps
and driveways, parking and loading areas
and walkways.
(3) For the purpose of guaranteeing the main-
tenance, by the Owner, of any works and
facilities required to be maintained pur-
suant 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, secur-
ity in the form of an irrevocable letter
of credit issued by a chartered bank in
Canada in an amount and for a term deter-
mined by the Town, which security may be
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 satis-
faction.
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4. Upon approval by the Town's Director of Planning of
the plans and drawings referred to in section 2,
above, the proposed buildings, structures, facil-
ities and works shall be erected, constructed, in-
stalled and maintained in conformance with the said
plans and drawings, as approved.
5. 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.
6. This Agreement, the Schedule hereto, and every-
thing contained therein, shall enure to the bene-
fit of and be binding upon the Parties hereto and
their respective 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 & DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
Clerk
TILCOR INVESTMENT COMPANY LIMITED
Per:
Per:
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SCHEDULE "A"
ALL AND SINGULAR those certain parcels or tracts of land
and premises situate, lying and being in the Town of
Pickering, in the Regional Municipality of Durham and
Province of Ontario and being composed of those parts of
Lot 18, Concession 1, more particularly described as
follows:
PREMISING that the southerly limit of the said Lot 18 has
a bearing of North 72 degrees, 59 minutes, 30 seconds East
and relating all bearings herein thereto;
FIRSTLY, commencing at a point in the said southerly limit
of Lot 18, distant easterly therealong 869.78 feet from
the south-west angle thereof;
THENCE North 17 degrees, 00 minutes, 30 seconds West
897.50 feet to the Place of Beginning of the parcel;
THENCE North 17 degrees, 00 minutes, 30 seconds West
522.00 feet to an iron bar planted;
THENCE North 72 degrees, 59 minutes, 30 seconds East
333.14 feet to an iron bar planted;
THENCE South 17 degrees, 04 minutes, 20 seconds East
522.00 feet to an iron bar planted;
THENCE South 72 degrees, 59 minutes, 30 seconds West
333.72 feet more or less to the Place of Beginning,
and
SECONDLY, commencing at an iron pipe in the easterly limit
of the said Lot 18, distant northerly therealong 200.00
feet from the south-east angle thereof;
THENCE North 17 degrees, 04 minutes, 20 seconds West along
the said easterly limit of Lot 18, 1319.15 feet more or
less to a point, distant southerly therealong 5.10 feet
from a found iron bar;
THENCE South 72 degrees, 58 minutes, 00 seconds West
123.42 feet to an iron bar;
THENCE South 17 degrees, 04 minutes, 20 seconds East
1319.10 feet more or less to an iron bar planted;
THENCE North 72 degrees, 59 minutes, 30 seconds East
123.42 feet more or less to the Point of Commencement.