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Home My WebLink AboutBy-law 995/79TOWrd FlOPR,' AS TO rR THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 995/79 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 1, Plan 40R-4526) (LD 219/78) WHEREAS, by Decision dated July 10th, 1978, the Land Division Committee of the Regional Municipality of Durham approved severance application LD 219/78 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: 1. 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 1, Plan 40R-4526) (LD 219/78). BY-LAW read a first, second and third time and finally passed this 22nd day of May , 1979. L L-- ('-A1_ Mayor i SCHEDULE "A" to By-law #995/79 S :,?'• ? ._ is .r. ?'?;;,1 i?-.?:e ,_i,,;. ?ia?• of , 1979. BETWEEN: THE CORPORATION OF THE T0117N OF PICKERING hereinafter referred to as the "Town" OF THE FIRST PART, - and - ORANGEBROOK DEVELOPMENTS LIMITED as to an undivided 50% interest and BALLYCROY 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 those 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 WITNF.SSETH that in con- sideration of mutual benefits, the Parties hereto agree as fol lows : 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. 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. 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. Any works required to be done on Town road allowances shall be done according to the spec- ifications of the Town and subject to the approval of the Town's Director of Public Works or his designate. The Owner shall requirements in ing to the area before describe as amended, and dary Plan. comply with any and all zoning force at any time and pertain- within which the lands herein- 3 are situate, especially 2511, the Brock Industrial Area Secon- 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. Should the Owner be in default of any provision or provisions contained in section 7 hereof, then in that event the provisions of section 469 of The Municipal Act, R.S.O. 1970, chapter 284, shall apply. Schedules "A" and "B" attached hereto shall form part of this Agreement. The Site Plan Agreement, dated October 26th, 1977, and registered the 23rd day of January, 1979, as Instrument No. D83°.98, shall be deemed not to affect the ];ands affvcicd hrrc,by as of the date and time of registration of this Agree- nic,nt. J - I This Agreement and evesyth iiiy ?c,nt., i,ci c 'I n shall enure to the benefit of and be bidding uj,on the Parties hereto and their successors and assigns. 12. This Agreement shall not in any way effect any building or buildings on the said lands and premises which was erected at the time of the execution of this Agreement. IN WITNESS IaHEREOF 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 n i z or Pe DEVELOPMENTS LIMITED BALLYCROY INVESTMENTS LIMITED Pere - I' ?I S(-"l 1 MLE ALL 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 and Province of Ontario and being composed of that part of Lot 18, Range 3, Broken Front Concession designated as Part 1 on a plan of survey of record filed in the Registry Office for the Registry Division of Durham as Plan No. 40R-4526. 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. 8. Proposed floodlighting, if any, of the lands and premises affected hereby and of any buildings or structures thereon. 9. 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. p. All vaults, central storage and collection areas and other facilities and enclosures as may be required for the storage of garbage and other waste material. I fIll. The locations of all buildings and structures to be erected on the land and the locations of all other fcicilitics requiiod l)y municipal by-law. 12. Fllildin'3 rl„?,:ticns .+nd r?i?r?: nr?tions of incius- rroNH N N.a0 C n F- E Al H N nrsxo a F F' rh ww ro N F•O O A, 7 :?; (D rr rt Nww o a ro w rt ?rt ro rt o rt r H ro co txD 7 N h 7 N a? tom w zw a. Ln N ttl rn ? n C+] t7 z H 0 m > z r n r ? K ? n 0 H 0 O H H z Q ~ ? ty.7CwtyiC d ? b !T1 H r $ 0 ? ro z ? H w H x r? n 0 ro 00 ro? H H x 0z [=i z0 Gl H H 0 H [7 0