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HomeMy WebLinkAboutBy-law 993/79THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 993/79 Being a by-law to authorize the execution of a Site Plan Agreement between the corporation of the Town of Pickering and Orangebrook Developments Limited and Ballycroy Investments Limited respecting Part Lot 18, Range 3, Broken Front Con- cession, Pickering (Part 2, Plan 40R-4666) (LD 217/78) WHEREAS, by Decision dated July 10th, 1978, the Land Division Committee of the Regional Municipality of Durham approved severance application LD 217/78 subject to certain conditions, one of which was that the applicant enter into a Site Plan Agreement with and to the satisfaction of the Town of Pickering; 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 Orangebrook Developments Limited and Ballycroy Investments Limited respecting Part Lot 18, Range 3, Broken Front Concession, Pickering (Part 2, Plan 40R-4666) (LD 217/78). BY-LAW read a first, second and third time and finally passed this 22nd day of May , 1979. mayor V SCHEDULE "A" to By-law #993/79 BETWEEN: ij I,I THE CORPORATION OF THE TOATN OF PICYERING hereinafter referred to as the "Town" OF THE FIRST PART, - and - ORANGEBROOK DEVELOPMENTS LIMITED as to an undivided 50% interest and BA.LLYCROY INVESTMENTS LIMITED as to the remaining 50% interest hereinafter referred to as the "Owner" OF THE SECOND PART WHEREAS the Owner is the owner in fee simple of certain lands and premises in the Town of Pickering, more particu- larly described in Schedule "A" hereto; and WHEREAS the owner wishes to develop or redevelop these lands and premises; and WHEREAS on March 17th, 1975, the Council of the Town enacted, pursuant to the provisions of sections 35 and 35a of The Planning Act, R.S.O. 1970, chapter 399, as amended, By-Law 190/75 imposing development and redevelopment con- trols in the Town of Pickering; and WHEREAS By-Law 190/75 was approved by the Ontario Municipal Board on August 11th, 1975; NOW THEREFORE THIS AGREEMENT WITNESSETH that in con- sideration of mutual benefits, the Parties hereto agree as follows: 1. The lands and premises affected by this Agreement are those lands and premises more particularly described in Schedule "A" hereto. - 2 - 2. No building or buildings shall be erected on the lands and premises hereinbefore described until a plan or plans displaying the information set out in Schedule "B" hereto is or are submitted by the Owner to the Town and approved by it. 3. Upon approval by the Town of any plan or plans, the proposed buildings and other works shown on the plan or plans shall be erected in conform- ance with the plan or plans. 4. If construction has not commenced within twelve months of the date of approval of the plan or plans, the plan or plans shall become null and void and a new plan or plans must be submitted displaying the information set out in Schedule "B" hereto and must be approved by the Town prior to any construction being commenced. 5. Any works required to be done on Town road allow- ances shall be done according to the specifica- tions of the Town and subject to the approval of the Town's Director of Public Works or his desig- nate. 6. The Owner shall comply with any and all zoning requirements in force at any time and pertaining to the area within which the lands hereinbefore described are situate, especially 2511, as amended, and the Brock Industrial Area Secondary Plan. 7. All facilities and matters referred to herein and shown on any plan or plans approved by the Town pursuant to the provisions of section 2 hereof shall be provided and maintained by the owner at its sole risk and expense and to the satisfaction of the Town. 8. Should the Owner be in default of or provisions contained in section then in that event the provisions of The Municipal Act, R.S.O. 1970, shall apply. any provision 7 hereof, of section 469 chapter 284, 9. Schedules "A" and "B" attached hereto shall form part of this Agreement. 10. This Agreement and everything contained herein shall enure to the benefit of and be binding upon the Parties hereto and their successors and designs. r n l 4'. .. ,_.r ?._.-ct ,. :nc rcIm__ s t;h ch was h c•. ct-d nt the time of e.:ecution of this Au reement. IN WITNESS WHEREOF the Parties hereto have affixed their corporate seals, attested by the hands of their duly authorized officers. SIGNED, SEALED and DELIVERED THE CORPORATION OF THE TOWN OF PICKERING •- e DEVELOPMENTS LIMITED Per BALLYCROY INVESTMENTS LIMITED Per t ?" ? _ FCIi'.i71 i L "P„ ALL AND SJNGCLAR that certain parcel or tract 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 that part of Lot 18, Range 3, Broken Front Concession designated as Part 2 on a plan of survey of record filed in the Registry Office for the Registry Division of Durham as Plan No. 40R-4666. 1. The width of all highways that abut on the lands and premises affected hereby. 2. All facilities to provide access to and from the lands and premises affected hereby, such as access ramps and curbings, and including the num- ber, location and size of such facilities and the direction of traffic thereon. 3. Off-street vehicular parking and loading areas and access driveways including the surfacing of such areas and driveways. 4. All walkways and other means of pedestrian access. 5. Provisions for removal of snow from access ramps, driveways, parking areas and walkways. 6. Proposed grading or changes in elevation or con- tour of the land and the disposal of storm, sur- face and waste water from the land and premises affected hereby and from any buildings or struc- tures thereon. 7. Proposed easements required for the construction, maintenance or improvement of any existing or newly required watercourses, ditches, land drain- age works and sanitary sewerage facilities on the lands and premises affected hereby. Proposed floodlighting, if any, of the lands and premises affected hereby and of any buildings or structures thereon. All walls, fences, hedges, trees, shrubs and other suitable ground cover to provide adequate landscaping of the lands and premises affected hereby and protection to adjoining lands. All vaults, central storage and collection areas and other facilities and enclosures as may be II required for the storage of garbage and other waste material. Ij 11. The locations of all buildings and structures to be erected on the land and the locations of all other facilities re?lui3ed by i',?unicipal b}-law. 12. r,ui l (1i ng c l c%?,Ji i uns ,nd ucs c? •? i ins of i nQius- iri.?7 r ro N H I- N- ? o C n r £ xo? 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