HomeMy WebLinkAboutBy-law 2273/86THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO, 2273 /86
Being a by-law to authorize the execution of a
Site/Development Agreement between Tilcor In-
vestment Company Limited and the Corporation of
the Town of Picketing respecting Part Lot 18,
Concession 1, Picketing (A 6/86)
WHEREAS, on April 21st, 1986, the Council of the Corporation of the Town of Picker-
lng passed Resolution 48~86, Item 1 of which is the approval in principle of Zoning
By-Law Amendment Application A 6/86, subject to conditions, one of which requires
the entering into of an appropriate Site/Development Agreement;
NOW THEREFORE, the Council of The Corporation o£ the Town of Pickering HEREBY
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 Tilcor Invest-
ment Company Limited and the Corporation of the Town of Pickering, respecting
the development of Part Lot 18, Concession 1, Pickering
BY-LAW read a first, second and third time and finally passed this 30th day of June,
1986.
TOWN OF
PICKERING
APPROVE9
THIS AGREEMENT made this 3rd day of June, ]986.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE FIRST PART,
- and -
TILCOR INVESTMENT COMPANY LIM1TED
hereinafter called the "Owner"
OF THE SECOND PART.
WHEREAS the Owner herein is the registered owner, in fee simple, of the lands
affected hereby; and
WHEREAS pursuant to the provisions o£ 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 Pickering as a site plan control area; and
WHEREAS therefore, the Town requires the Owner, 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
un til,
(a)
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 conjunction therewith and of a]l 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,
(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. (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 drive~vays;
(d)
walkways, including the surfacing thereof, and all other means of
pedestrian accesst
(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 materl-
al;
(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 -
(2)
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 (1), above, including the removal of snow from access
ramps and driveways, parking and loading areas and walkways.
(3)
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.
The Owner shall convey to the Town, free and clear of all encumbrances and at
no cost to the Town, within 30 days immediately following the date of this
Agreement, an irrevocable option to purchase within 20 years of the date of
this Agreement at a price fixed at $2.00, a 23 metre wide strip of land in the
location described in Schedule B attached hereto for road purposes.
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, 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 Parties hereto have hereunto affixed
corporate seals, duly attested by their proper authorized officers.
SIGNED, SEALED & DELIVERED
their respective
THE CORP/_~ATION OF THE TOWN OF PICKERING
TILCOR INVESTMENT COMPANY LIMITED
-3-
SGHEDULE A
FIRSTLY:
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 (formerly
in the Township of Pickerin g, in the County of Ontario), containing by
admeasurement 2.003 acres, more or less, and being composed of part of Lot 18, in
the First Concession of the said Township, the said parcel being more particularly
described as follows:
PREMISING that the southerly limit of the said Lot 18 has a bearing of North 72
degrees, 59 minutes and 30 seconds East and relating all bearings herein thereto;
COMMENCING at a point in the said southerly limit of Lot 18, distant easterly
therealong a distance of 869.78 feet from the southwesterly angle thereof;
THENCE NORTH 17 degrees 00 minutes and 30 seconds West, a distance of 897.50 feet
to an iron bar planted at the place of beginning of the herein described parcel;
THENCE NORTH 17 degrees 00 minutes and 30 seconds West, a distance of 261.50 feet
to an iron bar planted;
THENCE NORTH 72 degrees, 59 minutes and 30 seconds East, a distance of 333.42
feet to an iron bar planted;
THENCE SOUTtl 17 degrees, 04 minutes and 20 seconds East, a distance of 261.50
feet to an iron bar planted;
THENCE SOUTH 72 degrees, 59 minutes and 30 seconds West, a distance of 333.72
feet more or less to the place of beginning;
AS DESCRIBED in Instrument No. D91154.
SECONDLY:
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 (formerly
in the Township of Picketing, in the County of Ontario), being composed of part of
Lot 18, in the First Concession of the said Township, the said parcel being more
particularly described as follows:
PREMISING that the southerly limit of the said Lot 18 has a bearing of North
Seventy-Two degrees Fifty-Nine Minutes Thirty Seconds East (N 72° 59' 30" E) and
relating all bearings herein thereto, then
COMMENCING at an iron pipe in the easterly limit of the said Lot 18, distant
northerly therealong Two Hundred feet (200.00') from the south easterly angle there-
of;
THENCE North Seventeen degrees zero four minutes Twenty seconds West (N 17° 04'
20" W) along the said easterly limit of Lot 18, one thousand three hundred and nine-
teen decimal one five feet (1319.15') more or less to a point, distant southerly
therealong five decimal one zero feet (5.10') from a found round iron bar;
THENCE South Seventy-Two degrees Fifty-eight Minutes West (S 72° 58' W) one
hundred and twenty-three decimal four two feet (123.42') to an iron bar;
THENCE South Seventeen degrees zero four minutes Twenty seconds East, (S 17° 04'
20" E) one thousand three hundred and nineteen decimal one zero feet (1319.10') more
or ]ess to an iron bar planted in a line drawn parallel to the southerly limit of Lot 18
and distant two hundred feet (200') to the north thereof, measured perpendicular
thereto;
THENCE North Seventy-two degrees Fifty-nine minutes Thirty seconds East (N 72° 59'
30" E) along the said parallel line, one hundred and twenty-three decimal four two
feet (123.42') more or less to the POINT OF COMMENCEMENT, being the land outlined
in green on the survey of J.J. Koning, O.L.S. dated July 8th, 1967 and attached as
Schedule 'A" to Instrument Number 158935;
AS DESCRIBED IN Instrument No. D91161.
A-1
SCHEDULE A (Cont'd)
THIRDLY:
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 (formerly
in the Township of Picketing, in the County of Ontario) containing by admeasurement
0.997 acres more or less and being composed of part of Lot 18, in the First
Concession of the said Town, the said parcel being more particularly described as
follows:
PREMISING that the southerly limit of the said Lot 18 has a bearing of North 72
degrees, 59 minutes 30 seconds East and relating all bearings herein thereto;
COMMENCING at a point in the said southerly limit of Lot 18, distant easterly
therealong, 869.78 feet from the southwest angle thereof;
THENCE SOUTH 17 degrees 00 minutes 30 seconds West, 1159.00 feet to the Place of
Beginning of the herein described parcel;
THENCE NORTH 17 degrees 00 minutes 30 seconds West, 130.25 feet to an iron bar
planted;
THENCE NORTH 72 degrees 59 minutes 30 seconds East, 333.28 feet to an iron bar
planted;
THENCE NORTH 17 degrees 04 minutes 20 seconds East, 130.25 feet to an iron bar
planted;
THENCE SOUTH 72 degrees 59 minutes 30 seconds West, 333.42 feet more or less to
the Place of Beginning;
AS DESCRIBED in Instrument No. D91159.
FOURTHLY:
ALL AND SINGULAR that certain parcel or tract of land and premises situate lying
and being in the Town of Pickerlng, in the Regional Municipality of Durham (formerly
in the Township of Pickerlng, in the County of Ontario) containing by admeasurement
0.996 acres more or less and being composed of Part of Lot 18, in the First
Concession of the said Town, the said parcel being more particularly described as
follows:
PREMISING that the southerly limit of the said Lot 18 has a bearing of North 72
degrees 59 minutes 30 seconds East and relating all bearings herein thereto, then
COMMENCING at a point in the said southerly limit of Lot 15, distant easterly
therealong, 869.78 feet from the southwest angle thereof;
THENCE NORTH 17 degrees 00 minutes 30 seconds West 1289.25 feet to an iron bar
planted at the place of beginning of the herein described parcel;
THENCE NORTH 17 degrees 00 minutes 30 seconds West, 130.25 feet to an iron bar
planted;
THENCE NORTH 72 degrees 59 minutes 30 seconds East, 333.14 feet to an iron bar
planted;
THENCE SOUTH 17 degrees 04 minutes 20 seconds East, 120.25 feet to an iron bar
planted;
THENCE SOUTH 72 degrees 59 minutes 30 seconds West, 333.28 feet more or less to
the PLACE OF BEGINNING;
AS DESCRIBED in Instrument No.
A-2
SCIIEDULE B
Preperty subject
to option.
'1
~b~b
L
PROPERTY
STREET
CLEMENTS
I i
Town of Pickering
Legal Department
A 6/86 - Tiloor Investment
Cc~pany Limited
- Part Lot 18, Conc. 1, Pickering
- Site/Development Agreement