HomeMy WebLinkAboutBy-law 1185/80THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1185/80
Being a By-Law to authorize the execution
of a Site Plan Agreement between Braukmann
Holdings Limited and the Corporation of the
Town of Pickering respecting Part Lot 18,
Range 3, Broken Front Concession, Pickering
(519/79)
WHEREAS, pursuant to the provisions of section 35a of
The Planning Act, R.S.O. 1970, chapter 349, as amended, the
Council of the Corporation of the Town of Pickering enacted
By-Law 1079/80 on January 21st, 1980, designating the whole
of the area of the Town as a site plan control area; and
WHEREAS, therefore, the Town requires Braukmann Hold-
ings Limited to enter into an Agreement with the Town prior
to the development including redevelopment, of their lands,
being Part Lot 18, Range 3, Broken Front Concession, Pickering
and the erection, construction and installation of buildings,
structures, facilities and works thereon;
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", between the Corporation of the Town
of Pickering and Braukmann Holdings Limited with
respect to the development of Part Lot 18, Range 3,
Broken Front Concession, Pickering (519/79).
BY-LAW read a first, second and third time and finally passed
this 6th day of October , 1980.
TOWN
PICKL`1
l',IWOV.
AS TO Fri
SCHEDULE "A" to By-law 1185/80
THIS AGREEMENT made this day of , 1980.
B E T W E E N:
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter referred to as the "Town"
OF THE FIRST PART,
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BRAUKMANN HOLDINGS LIMITED
hereinafter referred to as the "Owner"
OF THE SECOND PART.
WHEREAS, pursuant to a Deed dated June , 1974, between
Braukmann Controls Company Limited, as Grantor, and Ema Enter-
prises Limited, as Grantee, registered in the Registry Office
for the Registry Division of Durham on
as Instrument No. , Erna Enterprises Limited is the reg-
istered owner of the lands affected hereby; and
WHEREAS, under section 197 of The Business Corporations
Act, R.S.O. 1970, chapter 53, Articles of Analcanation were
filed certifying that Ema Enterprises Limited and Braukmann
Holdings Limited were amalgar,ated and continued as one cor-
poration under the name Brauk=,,ann Holdincs (_-:alca-,aced)
Limited effective December 19th, 1978; and
WHEREAS, under section 190 of the said Act, Articles of
Amendment were delivered certifying that Braul, nn Holdings
(Amalgamated) Limited has changed its na-:e to Srauk=ann
Holdings Limited effective January 29th, 1979; and
WHEREAS, Braukmann Holdings Limited, `he CTM__er herein,
is thereby the actual owner, in fee s i__rle, o- t^e lands
affected hereby; and
WHEREAS, pursuant to the pro is'Cns of __C__0n 35a of The
Planning Act, R. S.O. 1970, chapter 31_9, as a a_.ced by --he Plan-
ring Amenament Act, 1979, S.O. 1979, c=='-a= --9, ----e Cc _Incil
of the Corporation of the Town of Pick=_r'n, e.a ce ?LL-Law
1079/80 on January 21st, 1980, designating the whole of the
area of the Town 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, construc-
tion and installation of buildings, structures, facilities
and works thereon;
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NOW THEREFORE, this Agreement witnesseth that in consider-
ation of mutual benefits, the Parties hereto agree as follows;
1. The lands and premises affected by this Agreement (here-
inafter referred to as the "lands") are those lands more
particularly described in Schedule "A" hereto.
2. No development, including redevelopment, shall be under-
taken on the lands until,
(a) plans showing the location of all buildings and
structures existing or to be erected and show-
ing the location of all 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-sec-
tion 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 buildings;
(ii) the relationship of the proposed
buildinas 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 mem-
bers of the public have access from
streets, open spaces and interior
walrwavs in adjacent buildings,
have been submitted to the Town and approved by
the Tow°n'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 r„ay -ec»i_e the C'w?er to provide to the sat-
isfaction of and at no expense to the Town any
or all of the -following:
(a) widenings of hij»ays that abut on the
lands;
(b) facilities to orovide access to and from
the 1= cs, such as access ramps, cu-bs
and traffic di-ec_ion signs;
(c) off-street vehicular loading and parking
_`aciliti-=, co:a-eE or uncovered, access
c-iv=_-, -ays, i clu -ng d-iveways for e-ier-
cencv vehicles, a72 surfacing of such
(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 protec-
tion of adjoining lands;
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(g) vaults, central storage and collection
areas and other facilities and enclos-
ures 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 drain-
age 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 build-
ings or structures thereon.
(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
(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 he 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 deter-
mined 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 facili-
ties or works to the Town's satisfaction.
4. 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 confo=ance with the said plans and drawings, as
aonroved.
5. If erection, construction or installation has not c=-
enced within one (1) 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
crawin;s nst be re-submitted for approval prior to
any erect= on, construction or installation con-enczag.
6. This _ ______-?t, the Schedule hereto, and everything
shall enure to the benefit of and
y h-n _,on the Parties hereto and their respe-
t=ve succes__rs and assigns.
IN WITNESS WHEREOF, the Parties hereto have affixed their
respective corporate seals, attested by the hands of their
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duly authorized officers.
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE TOIQN OF PICKERING
Mayor
BRAUKMANN HOLDINGS LIMITED
Per:
Per:
SCHEDULE "A"
ALL AND SINGULAR that certain parcel or tract of land and prem-
ises situate, lying and being in the Town of Pickering in the
Regional Municipality of Durham (formerly Township of Pickering
in the County of Ontario) and Province of Ontario being com-
posed of part of Lot 18 in Range 3, Broken Front Concession
of the said Town and which said parcel may be better known
and more particularly described as follows:
PREMISING the bearing of the westerly limit of said Lot 18 as
North 17 degrees 09 minutes 00 seconds West and relating all
bearings herein thereto;
BEGINNING at the south-westerly angle of said Lot 18;
THENCE NORTHERLY along the westerly limit of said Lot 18 a
distance of 774.00 feet to a standard iron bar planted;
THENCE NORTH 72 degrees 34 minutes 40 seconds East, 27.00
feet to the point of commencement;
THENCE NORTHERLY parallel to the westerly limit of Lot 18
aforesaid 791.41 feet;
THENCE NORTH 72 degrees 34 minutes 40 seconds East, 633.41
feet more or less to a standard iron bar planted in the
line of the post and wire fence forming the existing limit
between the east and west halves of said Lot 18;
THENCE SOUTHERLY along the line of the post and wire fence
forming the existing limit between the east and west halves
of Lot 18 aforesaid, 791.41 feet more or less to a standard
iron bar planted therein;
THENCE WESTERLY in a straicht line 633.41 feet more or less
to the point of co=ence-:ent.
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