HomeMy WebLinkAboutBy-law 992/79THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 992/79
Being a by-law to authorize the execution
of a Site Plan Agreement between the
Corporation of the Town of Pickering and
Orangebrook Developments Limited and
Ballycroy Investments Limited respecting
Part Lot 18, Range 3, Broken Front Con-
cession, Pickering (Part 1, Plan 40R-4166)
(LD 216/78)
WHEREAS, by Decision dated July 10th, 1978, the Land
Division Committee of the Regional Municipality of Durham
approved severance application LD 216/78 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 Orangebrook Developments Limited and
Ballycroy Investments Limited respecting Part Lot
18, Range 3, Broken Front Concession, Pickering
(Part 1, Plan 40R-4166) (LD 216/78).
BY-LAW read a first, second and third time and finally passed
this 22nd day of May , 1979.
LfX_c.Z.,
/Mayor
I
TOVVN
PlC111; R
„LDV
J TO f:
L.LCP.L
SCHEDULE "A" to By-law #992/79
B E T W E E N:
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter referred to as the "Town"
OF THE FIRST PART,
- and -
ORANGEBROOK DEVELOPMENTS LIMITED
as to an undivided 50% interest
and
BALLYCROY INVESTMENTS LIMITED
as to the remaining 50% interest
hereinafter referred to as the "Owner"
OF THE SECOND PART.
WHEREAS the Owner is the owner in fee simple of certain
lands and premises in the Town of Pickering, more particu-
larly described in Schedule "A" hereto; and
WHEREAS the Owner wishes to develop or redevelop those
lands and premises; and
WHEREAS on March 17th, 1975, the Council of the Town
enacted, pursuant to the provisions of sections 35 and 35a
of The Planning Act, R.S.O. 1970, chapter 399, as amended,
By-Law 190/75 imposing development and redevelopment con-
trols in the Town of Pickering; and
WHEREAS By-Law 190/75 was approved by the Ontario
Municipal Board on August llth, 1975;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in con-
sideration of mutual benefits, the Parties hereto agree as
follows:
1. The lands and premises affected by this Agreement
are those ]ands and premises more particularly
described in Schedule "A" hereto.
-2-
2. No building or buildings shall be erected on the
lands and premises hereinbefore described until
a plan or plans displaying the information set
out in Schedule "B" hereto is or are submitted
by the Owner to the Town and approved by it.
3. Upon approval by the Town of any plan or plans,
the proposed buildings and other works shown on
the plan or plans shall be erected in conform-
ance with the plan or plans.
4. If construction has not commenced within twelve
months of the date of approval of the plan or
plans, the plan or plans shall become null and
void and a new plan or plans must be submitted
displaying the information set out in Schedule
"B" hereto and must be approved by the Town
prior to any construction being commenced.
5. Any works required to be done on Town road
allowances shall be done according to the spec-
ifications of the Town and subject to the
approval of the Town's Director of Public
Works or his designate.
6. The Owner shall
requirements in
ing to the area
before describe,
as amended, and
dary Plan.
comply with any and all zoning
force at any time and pertain-
within which the lands herein-
3 are situate, especially 2511,
the Brock Industrial Area Secon-
7. All facilities and matters referred to herein
and shown on any plan or plans approved by the
Town pursuant to the provisions of section 2
hereof shall be provided and maintained by the
owner at its sole risk and expense and to the
satisfaction of the Town.
8. Should the Owner be in default of any provision
or provisions contained in section 7 hereof,
then in that event the provisions of section 469
of The Municipal Act, R.S.O. 1970, chapter 284,
shall apply.
9. Schedules "A" and "B" attached hereto shall form
part of this Agreement.
10. The Site Plan Agreement, dated October 26th,
1977, and registered the 23rd day of January,
1979, as Instrument No. D83998, shall be deemed
not to affect the lanes affected hereby as of
the date and time of rcc;istration of this Agree-
ment.
- 3 -
I1. Thi¢ 7.fjrc,ei ent and c,v?rythirig contained therein
shall enure to the benefit of and be binding upon
the Parties hereto and their successors and
assigns.
12. This Agreement shall not in any way effect any building
or buildings on the said lands and premises which was
erected at the time of the execution of this Agreement.
IN WITNESS WHEREOF the Parties hereto have affixed
their corporate seals attested by the hands of their duly
authorized officers.
SIGNED, SEALED and DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
DEVELOPMENTS LIMITED
Per:
BALLYCROY INVESTMENTS LIMITED
I
Per:
/ i
i
i?
?I
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 that part of Lot 18, Range
3, Broken Front Concession designated as Part 1 on a plan
of survey of record filed in the Registry Office for the
Registry Division of Durham as Plan No. 40R-4166.
CI'I U 5.'E '- "
1. The width of all highways that abut on the lands
and premises affected hereby.
2. All facilities to provide access to and from the
lands and premises affected hereby, such as
access ramps and curbings, and including the num-
ber, location and size of such facilities and the
direction of traffic thereon.
3. Off-street vehicular parking and loading areas and
access driveways including the surfacing of such
areas and driveways.
4. All walkways and other means of pedestrian access.
5. Provisions for removal of snow from access ramps,
driveways, parking areas and walkways.
6. Proposed grading or changes in elevation or con-
tour of the land and the disposal of storm, sur-
face and waste water from the land and premises
affected hereby and from any buildings or struc-
tures thereon.
7. Proposed easements required for the construction,
maintenance or improvement of any existing or
newly required watercourses, ditches, land drain-
age works and sanitary sewerage facilities on the
lands and premises affected hereby.
8. Proposed floodlighting, if any, of the lands and
premises affected hereby and of any buildings or
structures thereon.
9. All walls, fences, hedges, trees, shrubs and
other suitable ground cover to provide adequate
landscaping of the lands and premises affected
hereby and protection to adjoining lands.
II
I10
I?
All vaults, central storage and collection areas
and other facilities and enclosures as may be
required for the storage of garbage and other
waste material.
The locations of all buildings and structures to
be erected on the land and the locations of all
oihcr facilities required by r.iinicipal by-law.
12. J'llilding r'](,v"+tiolns illd Cl(':::. ?:r•ciions of ili(]us-
1ii.II .IIirl , ,3(-i'? l 111i1,!7, 7'.
ro
w
n
rt
rroHH r
tr
t?l-'•a0 O
Cn N£ rt
7c o r
r (o r
ntcx0 ro W
ar•r-M H ro.
?J tl n H
;°
ro x w
G
En (
D l
rt r) ti t:s
oom o ?
t o
(D
rt n W ,a
w 77 F 1 w
h O 7 a
Fl- P) L r
o a ?m
m•
n
G1
h7
z
H
O
m
? z
r
r ?
K ?
n ?
r° ro
H H x
w ?
H
LT] ?' ¢ CT1 G'
dcn
H r
•3 O
? ro
z z
H
E z
H
w
a.
H
x
n
O
00
ro?
to H
H H
x°z
r?
zro
G1 H
H
e
H
t?]
d