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HomeMy WebLinkAboutBy-law 1040/79THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1040/79 Being a By-Law to authorize the execution of a Site Plan Agreement among the Corpor- ation of the Town of Pickering, Humberline Developments Ltd., Theodore Papatheodoru and Angelo Argiro respecting Part Lots 23 and 24, Plan 489 and Lot 27, Plan 492 (Part 1, Plan 40R-1985). WHEREAS, pursuant to the provisions of By-Law 3036, as amended by By-Law 190/75, the Town requires Humberline Developments Ltd., the Lessee herein, and Theodore Papatheodoru and Angelo Argiro, the owners herein, to enter into a Site Plan Agreement prior to the development or redevelopment of the lands affected hereby and the construction or reconstruc- tion of any buildings to be constructed or constructed thereon; NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute the Site Plan Agreement in the form attached hereto as Schedule "A" among the Corporation of the Town of Pickering, Humber- line Developments Ltd., Theodore Papatheodoru and Angelo Argiro respecting Part Lots 23 and 24, Plan 489 and Lot 27, Plan 492 (Part 1, Plan 40R-1985). BY-LAW read a first, second and third time and finally passed this 4th day of September , 1979. TO)NN P;CK[; ?..J J L' is ? F .1 SCHEDULE "A" To By-law #1040/79 THIS AGREEMENT made in triplicate this day of , 1979. AMONG: THE CORPORATION OF THE TOWN OF PICKERING hereinafter referred to as the "Town" OF THE FIRST PART, - and - HUMBERLINE DEVELOPMENTS LTD. hereinafter referred to as the "Lessee" OF THE SECOND PART, - and - THEODORE PAPATHEODORU and ANGELO ARGIRO hereinafter referred to collectively as the "Owner" OF THE THIRD PART. WHEREAS, the Owner herein is the registered owner, in fee simple, of the lands affected hereby; and WHEREAS, the Owner has leased the lands affected hereby to the Lessee on certain terms and conditions; and WHEREAS, section 5.26 of By-Law 3036, as amended by By-Law 190/75, places all lands referred to in By-Law 3036 under development control pursuant to the provisions of section 35a of The Planning Act, R.S.O. 1970, chapter 349, as amended by S.O. 1973, chapter 168; and WHEREAS, therefore, the Town requires the Owner and the Lessee to enter into an Agreement with it prior to development or redevelopment of the lands affected hereby and the construction or reconstruction of any buildings to be constructed or constructed thereon; NOW THEREFORE, this Agreement witnesseth that in con- sideration of mutual benefits, the Parties hereto agree as follows: - 2 - 1. The lands and premises affected by this Agreement (hereinafter referred to as the "lands") are those lands more particularly described in Schedule "A" hereto. 2. No building or buildings shall be altered and 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 all existing and proposed buildings; (b) height of all existing and proposed buildings; (c) locations of all existing and proposed entrances and exits to buildings; (d) locations of all existing and proposed entrances and exits to abutting roads; (e) area and location of lands used and to be used for parking; (f) elevations of all existing and proposed buildings, indicating existing and pro- posed exterior material types and colours; (g) existing and proposed landscaping fea- tures; (h) existing and proposed use of lands not covered or to be covered by buildings; (i) existing and proposed locations of all electric power and natural gas connec- tion lines; (j) locations, types and colours of all exterior signs; (k) locations and types of all existing and proposed exterior lighting fixtures and standards; (1) locations of all existing and proposed loading and unloading facilities; (m) locations and types of all existing and proposed fencing; (n) existing and proposed grading of the lands and provisions for storm and sani- tary drainage and water service; (o) locations of all existing and proposed garbage storage facilities; and (p) locations and specifications for all existing and proposed standpipes and locations of all proposed fire routes. - 3 - 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 in conformance with the plan or plans. 4. If construction 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 display- ing the information required in section 2 and must be approved by the Town prior to any construction being commenced. 5. Any works required to be done on road allowances shall be done according to the specifications of the relevant authority and be subject to the approval of such authority. 6. Only one architectural or engineering firm shall be used and employed for the development of the lands. 7. The Lessee and the Owner shall comply with all and any zoning requirements in force at any time and pertaining to the area within which the lands are situate, especially but not necessarily limited to the requirements of By-Law 3036 as amended by By-Law 373/76. 8. All proposals for exterior signs and exterior lighting of all types shall be subject to the approval of the Town and the Ministry of Trans- portation and Communications, and, upon receipt of such approvals, the said proposals shall be implemented only as approved. 9. All proposals for access to and from public lands, including roadways, shall be subject to the approval of the Town and the Ministry of Trans- portation and Communications, and, upon receipt of such approvals, the said proposals shall be implemented only as approved. 10. This Agreement and everything contained herein shall enure to the benefit of and be binding upon the Parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF the Parties of the First and Second Parts have affixed their corporate seals attested by the hands of their duly authorized officers, and the persons comprising the Party of the Third Part have hereunto - 4 - affixed their hands and seals. SIGNED, SEALED and DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Mayor HUMBERLINE DEVELOPMENTS LTD. Per: Per: in the presence of Witness Theodore Papatheodoru Angelo -Aag0 &" Argiro 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 and Province of Ontario, and being composed of Part of Lots 23 and 24 according to a plan registered in the Registry Office for the Registry Division of Durham as Plan No. 489 and all of Lot 27 according to a plan registered in the said office as Plan No. 492, all of which is designated as Part 1 on a plan of survey of record filed in the said Office as Plan No. 40R- 1985. rro?H N w a 0 C7?c'o? nnxo J W N • M L Q w Ln ro m r- °?N w 0 :• nog r• a ?a p p ro rF ro a rt r rt rt m • rrt N w ro N f+- ? J R+ x?'ro? N fD rroa M a r- ?• a a ? ? ro `A o,aa x 1O ? N A H o0 XD co Ul a a c? Ci] z H H x r? b O0 r °a ro 0 x O O d O C I a i x W p H z 0 C tzj r O ro z H r H 0 i a i H x t? n O 00 hl " ro H H H xz° t2i H a H x H O N d q H t9 d ? - LEr!F.r; -~ ? G FORD - o 00 ? o? D a o Q 0 Lo ? ? „ w ? w r 3 ? Q ) n ° n ?\?G5 ? 0 0 00 a Ir w > J O O i i 0 r. b TD 8 PRELIMINARY PROPOSAL HUM BERLINE DEVELOPMENT LTD_ R PT. OF LOTS 23 & 24 PLAN 489 PT. OF LOTS 27 & 28 PLAN 492 TOWN OF PICKERING