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HomeMy WebLinkAboutBy-law 1017/79THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1017/79 Being a By-Law to authorize the execution of a Site Plan Agreement between the Corporation of the Town of Pickering and Morley Monroe Black respecting Part Lot 23, Concession 1, Pickering (PCA 14/79). WHEREAS, by Decision dated may 24th, 1979, the Town of Pickering Committee of Adjustment approved variance application PCA 14/79 subject to certain conditions, one of which was that the applicant enter into a Site Plan Agreement with and to the satisfaction of the Town of Pickering; 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 Morley Monroe Black respecting Part Lot 23, Concession 1, Pickering (PCA 14/79). BY-LAW read a first, second and third time and finally passed this Third day of July , 1979. Clerk GVvi?l C .= t" T Q !; SCHEDULE "A" TO BY-LAW 1017179 THIS AGREEMENT made this 3ACday of , 1979. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING hereinafter referred to as the "Town" OF THE FIRST PART, - and - . MORLEY MONROE BLACK hereinafter referred to as the "Owner" OF THE SECOND PART. WHEREAS, the Owner is the owner in fee simple of certain lands and premises more particularly described in Schedule "A" hereto; and WHEREAS, the Owner wishes to develop those lands and premises in a certain manner; and WHEREAS, the Owner is therefore required by Committee of Adjustment Decision PCA 14/79, dated the 24th day of May, 1979, of the Committee of Adjustment of the Town of Pick- ering to enter into a certain Agreement with the Town; NOW THEREFORE, this Agreement witnesseth, that in consideration of mutual benefits, the Parties hereto agree as follows: - 2 - 1. The lands and premises affected by this Agree- ment (hereinafter referred to as the "lands") are those lands more particularly described in Schedule "A" hereto. 2. No building or buildings shall be altered or erected on the lands until a site plan or plans displaying the following information is or are submitted to the Town by the Owner and approved by the Town: (a) location of existing and proposed building or buildings; (b) height of existing and proposed building or buildings; (c) locations of existing and proposed entrances and exits to buildings; (d) locations of existing and proposed entrances and exits to abutting roads; (e) area and location of lands to be used for parking; (f) elevations of existing and proposed buildings, indicating exterior mat- erial types and colours; (g) existing and proposed landscaping features, including any proposed screening from residential lands; (h) existing and proposed use of the lands and all existing and proposed .buildings; (i) locations of all utility service connections, including connections for electricity and gas services; (j) locations, types and colours of all exterior signs; (k) locations and types of all exterior lighting fixtures and standards; (1) locations of all loading and unload- ing facilities; (m) locations and types of all existing and proposed fencing, including any proposed screening from residential lands; - 3 - (n) existing and proposed grading of the lands and provisions for storm and sanitary drainage and water service; (o) locations of all garbage storage facilities; and (p) locations and specifications for all standpipes and the locations of all fire routes. 3. Upon approval by the Town of the site plan or plans, the proposed buildings and other works shown on the plan or plans shall be erected and installed in conformance with the plan or plans. 4. If erection and installation has not commenced within one (1) year of the date of approval of the plan or plans, the plan or plans shall become null and void and a new site plan or plans must be submitted displaying the infor- mation required in section 2 and must be approved by the Town prior to any erection or installations being commenced. 5. Any works required to be installed on road allowances shall be installed according to the specifications of the relevant authority and be subject to the approval of such author- ity. 6. Only one architect or engineer shall be used and employed by the Owner for the develop- ment of the lands. 7. The Owner shall comply with all zoning re- quirements in force at any time and pertain- ing to the area within which the lands here- inbefore described are situate, especially but not necessarily limited to the require- ments of By-Law 3036 as amended from time to time, and as varied by the Town of Pickering Committee of Adjustment in its Decision PCA 14/79, dated may 24th, 1979. 8. The Owner agrees that all proposals for exterior signs and exterior lighting of all types shall be subject to the approval of the Town, the Ministry of Transportation and the Regional Municipality of Durham, and, upon receipt of such approvals, the said proposals shall be implemented only as approved. - 9 - 9. The Owner agrees that all proposals for access to and from public lands, including roadways, shall be subject to the approval of the Town, the Ministry of Transportation and Communica- tions and the Regional Municipality of Durham and, upon receipt of such approvals, the said proposals shall be implemented only as approved. 10. The Owner further agrees that the dwelling presently existing on the site shall be used only as a dwelling accessory to the use of the site as an automobile service station and that upon such dwelling ceasing to be used either as a dwelling, or as a dwelling accessory to that use, or both, the dwelling shall be demolished or removed from the lands affected hereby. 11. This Agreement and everything contained herein shall enure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the Party of the First Part has hereunto affixed its corporate seal attested by the hands of its duly authorized officers and the Party of the Second Part has hereunto affixed his hand and seal. SIGNED, SEALED and DELIVERED In the presence of THE CORP riey ION OF THE TOWN OF PICKERING t 77 -1 L-t lack NO. HO COMBINED A FFIOAV IT OF SUBSCR I BING WITNESS UNITED STAT LONE RV CO. LTD.. LEG A L FORM DEPT. AFFIDAVIT AS TO AGE AND SPOUSAL STATUS b PRODUCTION DRIVE, SCARBOROUGH ]AFFIDAVIT OF SUBSCRIBING WITNESS I \f`1I11Q 1 L1\? 1 Pt AMENDED MARCH 1972 1 L of the `I OLJ+\ O \ i 1C1 F in the ?r.4 ?Q,r,0.\\u r:c, ?,cs.\: J,i Cit\AC 1f47TY1 make oath and say: I am a subscribing witness to the attached instrument and I was present and saw it executed ?,oK Y\oc \P\I Nl. `,?jlco,JCk2 -aft footnote at by -See footnote I verily believe that each person whose signature I witnessed is the party of the same name referred to in the instrument. SWORN before me at the 'I (a,_ _V` C., / k?JIL in the this d?c'?day'of ?t_vQ 19 `f? ^(? LINE M11LETIf, a Commissioner, ?1 LL(??/? t `J IJ?J etc., judidal Dishict of C)urham, A eOwseooOHCR FOR TA[IHe AFfIOAYITt, ETC. toy 'tYalkct & Yt,ioht, Bmrislers. jxpires May 31, 198;, • Where o Party is unable to read the instrument or where a party signs by making his mark or in foreign characters add °nh.r thr iarl,tor,f hnd been rend M his and e oppcare3 rc!I& to undcrV", ':". 1!'l ae ace?:?? .....:... — .i ? ....... Insert "(nama of attorney) as attorney far (come of party)' ; and for aexr ciau<e sa;witate "I eanl'f MIisvo that rthc perco¢ mho.e atgnature I witnessed was authorized to execute the instrument as attorney for (awme)". arch 1978 AFFIDAVIT AS TO AGE AND SPOUSAL STATUS I/WE of the -l.r n o? (? R? rl rq U ? d in the t<t-\{ts.t; ie?\ ?A,.c.r I C,n L. .-•? e,'? `J<..r `\C31?? If attorney make oath and say: ` When Z- executed the attached instrument, see fnnlnolr I/WE at least eighteen years old, Within the meaning of section 1(f) of The Family Law Reform Act, 1978:- Strike at a) I was t t a spouse. Inepplimble etaases. b)= We were spouses of one another. C) was my spouse. --Not a M9triman ial Horne, etc. gee footnote. (SEVERALLY) SWORN before. me at the ?? w L- v t- Yl ? o? itlll-.1 in the `: r^ this day of ? CO? IttlnvEn roll TAP?Na AErIOAVITt, [TC. // -Where atnIta"It mnpe I, nl tnrnoy Euhxl It 111 r: I'll h-, I rrrratrd nun ntlarh rd is xtnnurnt nx nllor,vv far (namr). h,'Ae rrax /xpauxnl afa6rx and, if apnlirahlr, Ilamr of xpnuxrl ,!thin Ihr ..rm ula of S,r1-,I 1(U of 7'he horn Jy Lam Nrf„n- Ill. 1979, and ,hen hNShr rrarulyd the Vmorr of altonlr u. he/ahr had Otauv,l tllr nar of vlntprn Iy'. -11'h[rr xpuuxr dna upf join io or rvmxrol, xar Shea !.'UI n( Thr f'.,,ok, hnn Hrfnrm Ao, ig- r rnmldrln nrpn rorr affidnrA 1. SCHEDULE "A" ALL AND SINGULAR that certain parcel or tract of land and premises, situate, lying and being in the Town of Pickering, in the Regional Municipality of Durham (originally in the Township of Pickering in the County of Ontario) being composed of that part of Lot 23 in Concession 1 of the said Township of Pickering designated as Parts 1 and 2 on a plan deposited in the Land Registry Office for the Registry Division of Durham (No. 40) as Number 40R4643.