HomeMy WebLinkAboutBy-law 2203/86THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2203/86
Being a by-law to authorize the execution of a
Development Agreement respecting Part Lot 60,
Plan 509, Picketing, (Feldman/Smoskowitz /
Smuszkowicz, S4/86).
WHEREAS, the Owners of that part of Lot 60, Plan 509, Picketing, more particularly
described in Instrument No. DZ12265, wish to develop those lands in such a manner
that requires the entering into of an appropriate Development Agreement; and
WHEREAS on May 28, 1984, the Council of the Corporation of the Town of Picketing
passed Resolution 55/84 approving that process in principle subject to a condition
requiring a contribution to the cost of adjacent capital works;
NOW THEREFORE, the Council of the Corporation of the Town of Picketing HEREBY
ENACTS AS FOLLOWS:
The Mayor and Clerk are hereby authorized to execute a Development Agree-
ment in the form attached hereto as Schedule A, respecting the development of
that part of Lot 60, Plan 509, Picketing, more particularly described in Instru-
ment No. D212265 (FeldmanISmoskowitz/Smuszkowicz, S4/86).
BY-LAW read a first, second and third time and finally passed this 21st day of April,
1986.
Bruce Taylor, Clerk/
TOWN OF
P1CI(ERING
Schedule A to By-law 2205/86
THIS AGREEMENT made this 14th day of February, 1986.
BETWEEN :
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE FIRST PART,
- and -
RICltARD ZYGMUNT FELDMAN
and
ALLAN SMOSKOWITZ
and
BEN SMUSZKOWICZ
hereinafter collectively called the "Owner"
OF THE SECOND PART,
- and -
SARA EKER
hereinafter referred to as the nEncumbrancer~',
OF THE THIRD PART,
WHEREAS the Owner herein is the registered owner, in fee simple, of the lands
affected hereby; and
WHEREAS, the Encumbrancer has certain rights or interest in the nature of encum-
brances relating to the lands 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 Picker-
lng enacted By-Law 1079/80 on January 21st, 1980, designating the whole of the area
of the Town of Picketing as a site plan control area; and
WHEREAS therefore, the Town requires the Owner, with the consent of the
Encumbrancer, 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:
The lands and premises affected by this Agreement (hereinafter called the
"lands") are those lands more particularly described in Schedule A hereto.
No development, including redevelopment, shall be undertaken on the lands
until,
plans showing the location of all buildings and structures existing or to
be erected and showing the location of ali facilities and works to be
provided in conjunction therewith and of all facilities and works required
under section 3 hereof, and
(b)
drawings showing plan, elevation and cross-section views for each indus-
trial and commercial building to be erected which drawings shall be suffi-
cient to display,
ti) the massing and conceptual design of the proposed building;
(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 escalators to which
members of the public have access from streets, open spaces and
interior walkways in adjacent buildings,
have been submitted to the Town and approved by the Town's Director of
Planning.
(1)
As a condition to the approval of the plans and drawings referred to in
section 2, above, the Town may require the Owner to provide to the
satisfaction of and at no expense to the Town any or all of the following:
(a) widenings of highways 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;
(d)
walkways, including the surfacing thereof, and all other means of
pedestrian access;
(e)
facilities for the lighting, including floodlighting 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;
vaults, central storage and collection areas and other facilities
and enclosures for the storage of garbage and other waste materi-
al;
(h)
easements conveyed to the Town for the construction, maintenance
or improvement of watercourses, ditches and land drainage works
on the lands; and
ti)
grading or alteration in elevation or contour of the land and
provision for the disposal of storm, surface and waste water from
the ]ands and from any buildings or structures thereon.
- 2 -
(3)
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 (I), above, including the removal of snow from access
ramps and driveways, parking and loading areas and walkways.
For the purpose of guaranteeing the maintenance, by the Owner, of any
works and facilities required to be maintained pursuant 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, security in
the form of an irrevocable letter of credit issued by a chartered bank in
Canada in an amount and for a term determined 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 satisfac-
tion.
Upon approval by the Town's Director of Planning of the plans and drawings
referred to in section 2, above, the proposed buildings, structures, facilities
and works shall be erected, constructed, installed and maintained in confor-
mance with the said plans and drawings, as approved.
Prior to the issuance of the first building permit to be issued after the date
hereof with respect to the lands affected hereby, the Owner of the lands shall
pay to the Town the sum of SZ0,000 as its contribution to the Town's cost of
off-site services adjacent to or in the vicinity of the lands affected hereby.
If erection, construction or installation has not commenced within one 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.
This Agreement shall have priority over and take precedence over all of the
Encumbrancer's rights or interest, whether or not any such right or interest
was established or arose prior to the date hereof and whether or not such right
or interest 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.
This Agreement, the Schedule hereto, and everything contained therein, shall
enure to the benefit of and be binding upon the Parties hereto and their re-
spective heirs, executors, successors and assigns.
IN WITNESS WHEREOF the Party of the First Part has hereunto affixed its corporate
seal duly attested by its proper officers in that behalf fully authorized and the
-3 -
persons comprising the Parties of the Second and Third Part have hereunto set their
hands and seals.
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
John E. Anderson, Mayor
Bruce Taylor, Clerk
In the presence of
Richard Zygmunt Feldman
Allan Smoskowitz
Ben Smuszkowicz
Sara Eker
- 4 -
SCHEDIILE A
ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying
and being in the Town of Picketing, in the Regional Municipality of Durham and
Province of Ontario and being composed of part of Lot 60, and part of the Park Lot
to the North of Provincial ttighway No. 2 as shown on Registered Plan No. 509, Town
of Picketing, the boundaries of said parcel are described as follows:
PREMISING that the bearings as shown on Deposited Plan No. 593 (tlighways) govern
all bearings mentioned hereafter;
COMMENCING at the South West angle of Lot No. 60;
THENCE Southerly along the West limit of Park Lot as shown on right having a radius
of 439.50 feet a distance of 440.52 feet to a point, said arc has a chord equivalent of
422.31 feet measured on a course of South 11 degrees 30 minutes 23 seconds West;
THENCE continuing Southerly along said West limit of Park Lot being the arc of a
curve to the left having a radius of 307.50 feet a distance of 257.7l feet to the
intersection of said West limit with the North limit of King's Highway No. 2 as shown
on Deposited Plan No, 593 (Highways), said arc has a chord equivalent of 250.23 feet
measured on a course of South 18 degrees 51 minutes 02 seconds West;
THENCE North 40 degrees 26 minutes East along the Nortb limit of King's Highway
No. 2 as shown on said Deposited Plan No. 593 a distance of 956.98 feet to a point;
TIIENCE North 11 degrees 40 minutes Each continuing along said North limit of King's
ltighway No. 2 as shown on said Deposited Plan No. 593 a distance of 87.66 feet to
the intersection of said North limit with the East limit of Lot 60 as shown on said
Registered Plan No. 509;
THENCE North 17 degrees 06 minutes 30 seconds West along said East limit being also
the West limit of the allowance for road between Lots 20 and 21, Concession 1, of said
Township of Picketing a distance of 149.70 feet to a polntl
THENCE South 54 degrees 04 minutes 50 seconds West a distance of 264.17 feet to a
point;
THENCE South 17 degrees 06 minutes 30 seconds East a distance of 20.57 feet to a
point;
THENCE South 44 degrees 07 minutes West a distance of 41.96 feet to a point;
THENCE South 62 degrees 00 minutes 30 seconds West a distance of 217.12 feet to the
point of commencement;
The above described parcel of land contains by admeasurement an area of 4.04 acres
more or less.
SAVE AND EXCEPT Part 3 on Department of Highways Plan Number RD94.
AS DESCRIBED in Instrument No. D212265.
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Town of Pickering
Legal Department