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HomeMy WebLinkAboutBy-law 2272/86THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2272 /86 Being a by-law to authorize the execution of a Site/Development Agreement between Gregory John William Norton and the Corporation of the Town of Pickering respecting the development of Part Lot 17, Concession 8, Pickering (A 9]86) WHEREAS, on April 21st, 1986, the Council of the Corporation of the Town of Picker- ing passed Resolution 48/86, Item 2 of which is the approval in principle of Zoning By-Law Amendment Application A 9/86), subject to conditions, one of which requires the entering into of an appropriate Site/Development Agreement; NOW THEREFORE, the Council of the Corporation of the Town of Picketing ttEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a Site/Development Agreement, in the form attached hereto as Schedule A, between Gregory John William Norton and the Corporation of the Town of Picketing, respecting the development of Part Lot 17, Concession 8, Picketing. (A 9J86) BY-LAW read a first, second and third time and finally passed this 30th day of June, 1986. / Irfice Taylor, ~erA~/ TOWN OF PICKER|NC APPROVED LEGAL SCHEDULE A to By-law 2272/86 THIS AGREEMENT made this 30th day of June, 1986. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE FIRST PART, - and - GREGORY JOHN WILLIAM NORTON hereinafter called the u Owner" OF THE SECOND PART, - and - LLOYD TINDALL hereinafter called the "Encumbrancer" OF THE THIRD PART. WHEREAS the Owner herein i* the registered owner, in fee simple, of the lands affected hereby; and WHEREAS, the Encumbrancer has certain rights or interest in the nature of encumbrances relating to the lands affected hereby; 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 Picketing 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: 1. The lands and premises affected by this Agreement (hereinafter called the "lands") are those lands more particularly described in Schedule A hereto. 2. 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 all facilities and works to be provided in coniunction therewith and of all facilities and works required under section 3 hereof, and (b) drawings showing plan, elevation and cross-section views for each industrial and commercial building to be erected which drawings shall be sufficient to display, (i) 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. 3. (i) 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; (g) vaults, central storage and collection areas and other facilities and enclosures for the storage of garbage and other waste material; (h) easements conveyed to the Town for the construction, maintenance or improvement of watercourses, ditches and land drainage works on the lands; and (i) grading or alteration in elevation or contour of the land and provision for the disposal of storm, surface and waste water from the lands 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 (l), 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 satisfaction. 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 conformance 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 $2,500 as its contribution to the Town's cost of sidewalks and street lighting 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 respective heirs, executors, successors and assigns. IN WITNESS WHEREOF the Party of the First Part has hereunto affixed its corporate - 3- seal duly attested by its proper authorized officers, and the and Third Parts have hereunto affixed their hands and seals. SIGNED, SEALED & DELIVERED Parties of the Second TItE CORPORATION OF THE TOWN OF PICKERING E~. Ander~s~n~ - Mayor Bruce Taylor, Clerk In the presence of Gregory John William Norton Lloyd Tindall - 4 - SCHEDULE A ALL AND SINGULAR that certain parcel or tract of land and premises situate, (formerly Township of Picketing, County of Ontario) lying and being in the Town of Pickerlng, in the Regional Municipality of Durham and Province of Ontario and being composed of part of the north quarter of Lot No. Seventeen (17) in the Eighth Concession of the said Township of Pickering more particularly described as follows: COMMENCING at the north west angle of said Lot No. 17; THENCE easterly and along the north limit of said Lot 155 feet to a point; THENCE southerly and parallel with the western limit of said Lot 825 feet to a point; THENCE westerly and parallel with the northern limit of said Lot 155 feet to a point; THENCE northerly and along the western limit of said Lot 825 feet to the point of commencement and containing by admeasurement 2.94 acres, the said parcel of land being in the Town of Picketing, in the Regional Municipality of Durham (formerly the Village of Claremont, in the County of Ontario) as set out in Instrument No. 40319. AS DESCRIBED in Instrument Number D213256. ;UBJECT PROPERTY Town of Pickering PLANNING DEPARTMENT De~crlptk~ PART LOT 17, CON 8 kppllcltkxl No. Owner A 9/86 6. NORTON FEB 4/86 I: 4800 Checked By By J. BB.