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HomeMy WebLinkAboutBy-law 927/78THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 927/78 Being a by-law to authorize the execution of a Site Plan Agreement between the Cor- poration of the Town of Pickering and Lionel Sharpe, In Trust regarding Part Block Y, Plan M-16. 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 Lionel Sharpe, In Trust, with respect to Part Block Y, Plan M-16. BY-LAW read a first, second and third time and finally passed this 18th day of December 1978 i TCY,,IN ()F Fl:. .1<<INr L:".,_ i SCHEDULE "A." THIS AGREEMENT made in duplicate this day of 1978. B E T W E E N: THE CORPORATION OF THE TOWN OF PICKERING hereinafter referred to as the "Town" OF THE FIRST PART, - and - LIONEL SHARPE IN TRUST hereinafter referred to as the "Assignee" OF THE SECOND PART. WHEREAS section 5.27 of By-Law 2520, as amended by By-Law 190/75, placed all lands referred to in By-Law 2520 under development control pursuant to the provisions of section 35a of The Planning Act, R.S.O. 1970, chapter 349, as amended by S.O. 1973, chapter 168; AND WHEREAS the Assignee herein is the Assignee of the Lessee of the lands affected hereby. AND WHEREAS the Assignee is therefore the owner of the leasehold interest in the lands affected hereby and wishes to develop and redevelop said lands and buildings thereon. AND WHEREAS, therefore, the Town requires the Assignee to enter into an Agreement with it prior to development or redevelopment of the lands affected hereby and any buildings constructed or to be constructed thereon; NOW THEREFORE, this Agreement witnesseth that in consideration of mutual benefits, the Parties hereto agree as follows: 1. The lands affected by this Agreement are those lands and premises more particuarly described in Schedule "A" hereto. 2. No existing building or buildings shall be altered and erected on the lands hereinbefore described until a site plan or plans displaying the 'following information is or are submitted to the Town by the Assignee and approved by the Town: (a) location of proposed building or buildings; (b) height of proposed building or buildings; (c) locations of proposed entrances and exits to proposed buildings; (d) locations of proposed entrances and exits to abutting roads; (e) area and location of lands to be used for parking; (f) elevations of proposed buildings, indicating proposed exterior material types and colours; 2. 2. (g) proposed landscaping features; (h) use of lands not covered or to be covered by buildings; (i) locations of all hydro-electric power and gas; (j) locations, types and colours of all exterior signs; (k) locations and types of all exterior lighting fixtures and standards; (1) locations of all loading ano unloading facilities; (m) locations and types of all proposed fencing; (n) proposed grading of the lands and provisions for storm and sanitary drainage and water service; (o) locations of all proposed garbage storage facilities; and (p) locations and specifications for all proposed standpipes and locations of all proposed fire. routes. 3. Upon approval by the Town of the site plan or plans, the proposed buildings and other works shown on the plan or plans shall be erected in conformance with the plan or plans. 4. If construction has not commenced within one (1) year 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 required in section 2 and must be approved by the Town prior to any construction being commenced. 5. Any works required to be done on road allowances shall be done according to the specifications of the relevant authority and be subject to the approval of such authority. 6. Only one architect or engineer shall be used and employed by the Assignee for the development of the lands hereinafter described. 7. The Assignee 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 but not necessarily limited to the requirements of By-Law 2520 as amended. 8. 'The Assignee agrees that all proposals for exterior signs and exterior lighting of all types.shall be subject to the approval of the Town and the Regional Municipality of Durham, and, upon receipt of such approvals, the said proposals shall be implemented only as approved. 9. (a) The Assignee agrees that all proposals for access to and from public lands, including roadways, shall be subject to the approval of the Town and the Regional Municipality of Durham, and, upon receipt of such approvals, the said proposals shall be implemented only as approved. (b) Whether or not a direct access to and from Bayly Street has received the approvals required by subsection (a) and whether or not such an approved direct access has been constructed, the Assignee agrees to eliminate and close off such an access if and when an alternate access to the satisfaction of the Assignee is made possible to and from Bayly Street through the lands adjacent to the westerly boundary of the lands affected hereby, providing that the location of such alternate access is approved by the Town, the Regional Municipality of Durham and the a4ner of the adjacent lands referred to. 3. 10. This Agreement and everything contained herein shall enure to the benefit of and be binding upon the Parties hereto and their successors and assigns. IN WITNESS WHEREOF the Party of the First Part has hereto affixed its corporate seal attested by the hands of its duly authorized officers and the members of the Party of the Second Part have each hereunto set their hands and seals. SIGNED, SEALED and DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Mayor e LIONEL SHARPE IN TRUST/'ISSIGNEE" Per: SCHEDULE ''A'' 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 (formerly in the Township of Pickering, in the County of Ontario) and being composed of that part of Block Y according to a plan registered in the Land Titles office for the Registry Division of Durham as Plan M-16 designated as Parts 1, 2 and 3 on a plan of survey of record filed in the said Office as Plan 40R-414. j H1GWNN*Y GPNP?,PN SUBJECT- - PROPERTY 1 o/II- \ I 0 >,O RP??wAYs o ? BAYLY ST. Q a,_ ? dD ?? 9 ? POPRAD o P D o 5 Z q y < ?n- -TATRA I n -1 ,-I E T ° o 0 w o - RE E7 l3 a 0 q w M E! O 171? d o h o c 6 Q 6 7 > o U) 0 1 f/1; ° ° o w w o o U 00 ? 0 0 0 r ° 0 ? ° J a ? O m _R ? 0 j FDS oIA 0 0 _ C J o3 o C M OZ t C 2! TOWN OF PICKERING Planning Department Property Description K 4 PART Bl PLAN M- 16 _ Application No. Applicant I C7 I _p p L_ ? ° U ) . ) ,y '_ _? Date O 200 a00 {f o art __ ED JUNE 27 /78 kede y: D Drawn BY: Checked BY: -- -- -- --' _ Y? - FS _ . M.A. D.M. 11 @ BASE LI??v- z of>d=> 'i } M ' N N [!)ui .IJIN:? AQ.C-A - G404* PAxK.in/G &L1aw?r),?4'0? :'? Goes IAQAJ7Z? IPZO%ItpED 3i? C-AP?>