HomeMy WebLinkAboutBy-law 2979/88CORPORATION OF THE TOWN OF PICKERING
BY-LAW N0.2979 /88
Being a by-law to authorize the execution of a
Site Plan Agreement respecting Part. Lot 33,
Range 3, B.F.C., Pickering, (Craig Willoughby
Holdings Ltd.; S 30/88).
WHEREAS, as a condition of the approval of Site Plan Proposal S 30/88, the owner of
that part of Lot 33, Range 3, B.F.C., Pickering, is required to enter into an
appropriate Site Plan Agreement;
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, respecting the development of that
part of Lot 33, Range 3, B.F.C., Pickering, (Craig Willoughby Holdings Ltd.;
S 30/88).
BY-LAW read a first, second and third time and finally passed this 19th day of
December, 1988.
THE CORPORATION OF THE T�WN OF PICKERING
BY-LAW N0.2979 /88
Being a by-law to authorize the execution of a
Site Plan Agreement respecting Part Lot 33,
Range 3, B.F.C., Pickering, (Craig Willoughby
Holdings Ltd.; S 30/88).
WHER�AS, as a condition of the approval of Site Plan E'roposal S 30(88, the owner of
that part of Lot 33, Range 3, B,F.C., Pickering, is required to enter into an
appropriate Site Plan Agreement;
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, respecting the development of that
part of Lot 33, Range 3, B.F.C., Pickering, (Craig Willoughby Holdings Ltd.;
S 30/88).
BY-LAW read a first, second and third time and finally passed this 19th day of
December, 1988.
TONlN OF
hl�:Kf?R;NG
APPRCv :�
S TO fi�l;i'r
Lf-IUAL V�i��i�.
Schedule A
THIS AGREEMENT made this 19th day of December, 1988.
B E T W E E N:
THE CORPORATION OF THE TOWN OF PICKERING
herein called the "Town"
- and -
CRAIG WILLOUGHBY HOLDINGS LTD.
herein called the "Owner"
OF THE FIRST PART,
OF THE SEC�ND PART.
WHEREAS the Owner herein ia the registered owner, in fee simple, of the ]ands
affected hereby; and
WHEREAS pursuant to the provisions of the predecessor of section 40 of the Planning
Act, R.S.O. 1980, chapter 379, the Council of The Corporation of the Town of
Pickering enacted By-Law 1079(8U an Sanuary 21st, 1980, designating the whole of the
area of the Town of Pickering as a aite plan control area; and
WHEREAS therefore, the Town requirea the Owner to enter intu an Agreement with it
prior to the development, including redevelopment, of the said lands and the
erection, conatructlon and inatallation of buildings, structures, facilities and works
thereon;
NOW THEREFORE, THIS AGREEMENT WITNESSETH that in consideration of mutual
benefits, the Parties hereto agree as follows:
1. The land and premiaes affected by this Agreement (herein called the "Lands")
is that part of Lot 33, Range 3, Broken Front Concession, Pickering, more
particularly deecrlbed in Schedule A attached hereto.
2. No development, including redevelopment, ahall be undertaken on the Lands
except in conformity with this Agreement and with the following plans and
drawings (herein collectively called the "Plans" ) ;
(a) 1 of 3- Site Plan - Foundation Plan, dated November 14, 1988;
(b) 3 of 3- Elevationa, dated November 14, 1988;
prepared by Craig Willoughby Holdings Ltd. ;
(c) 88114-1 - Grading & Dxainage Plan, dated November Z4, 1988;
prepared by E.D. Roberta, P. Eng.
3. The Owner ahall maintain, in conformity with the Plans, to the Town's satisfac-
tion and at the sole risk and expenae of the Owner, all of the facilities and
works that are both shown on the Plans and located on the Lands, and shall
ensure the timely removal of snow frnm access ramps, driveways, parking and
loading areas, and walkways.
4. For the purpose of guaranteeing the inatallation and maintenance for one year
thereafter, 6y the Owner, of the facilities and works required to be maintained
under eection 3, above, the Owner shall provide to the Town, prior to the
issuance of a building permit, a security in the form of an irrevocable letter of
credit isaued by a chartered bank in Canada in the amount of $1,000.00 which
security may be drawn upon by the Town in such amounts, and at such times
as the Town, in ita aole diacretion, deems advisable, should the Owner fail to
install and maintain for one year thereafter the said facilities or works to the
Town's satiafaction.
5. This Agreement ahall enure to the beneFit of and be binding upon the Parties
hereto and their respective heirs, executors, succeasors and assigna.
IN WITNESS WHEREOF the Parties herein have hereunto affixed their corporate seals,
duly attested by their proper authorized officers.
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Wayne rt urs, ayor
Bruce ay or, er
CRAIG WILLOUGHBY EiOI,DINGS LTD.
ENCUMBRANCER - REGINALD HARRY TODD
This Agreement ahall have priority over and take precedence over all of The Reginald
Harry Todd's righta or interests, whether or not any such right or interest was
eatablished or aroae prior to the date hereof and whether or not such right or inter-
est is set out in or arises by virtue of any instrument or document registered on title
to the lands affected hereby, or any part of them, prior to the registration of this
Agreement.
Dated at this day of , 1988.
SIGNED, SEALED & AELIVERED
In the presence of
eg na arry o
- 2 -
Schedule A
ALL AND SINGULAR that certain parcel or tract of land and premiaes situate, lying
and being in the Town of Pickering, in the Regional Municipality of Durham in the
Province of Ontario and being compoaed of that part of Lot Number 33 in the third
range of the broken front concession of the said Town of Pickering, described as
follow s :
COMMENCING at a point in the easterly ]imit of Lot 33, said point being distant 50
feet measured on a course North 16 degrees, 58 minutes west and along the easterly
limit of said lot from the intersection of the northerly limit of Provincial Highway
Number 2, (also known as Kingston Road), with the eastern limit of said Lot 33;
THENCE NORTH 16 degreea, 58 minutes West along the easterly limit of said Lot 33, a
diatance of 171 feet and 8/100the of a foot to a point in the said eastern limit of said
lot where an iron bar has 6een planted;
THENCE SOUTH 73 degrees and 2 minutea west, a distance of 327 feet and 35/100ths
of a foot to a point where an iron bar has been planted;
THENCE SOUTH 16 degreea, 58 minutes east, a distance of 412 feet and 49/100ths of
a foot more or lese to a pint in the northerly limit of Provincial Highway Number 2,
said point being diatant 21.08 feet southwesterly from an iron bar located at the
northerly limit of Highway Number 2;
THENCE NORTH 42 degreea, 41 minutes East, along the northerly limit of said fiigh-
way Number 2 a diatance of 329 feet and 26/100ths of a foot to a point in the
northerly limit of Highway Number 2;
THENCE NORTH 12 degrees 51 minutes and 30 seconds east a distance of 86 feet and
76/100ths of a foot more or less to the point of commencement, and being all of the
landa owned by the said Grantor in said Concession.
A-1