HomeMy WebLinkAboutBy-law 856/78THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 856/78
Being a by-law to authorize the execution
of a Site Plan Agreement between the Cor-
poration of the Town of Pickering and
Wentworth Engineering Limited respecting
Part Lot 17, Concession 1 (PCA 10/78)
WHEREAS by decision dated March 23, 1978, the Town of Pickering
Committee of Adjustment approved certain variances with respect
to the subject property subject to a condition requiring the
entering into of a Site Plan Agreement with the Town;
AND WHEREAS section 5.26 of By-law 3036, as amended by By-law
190/75, placed 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, c. 349, as amended;
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
Wentworth Engineering Limited respecting
Part Lot 17, Concession 1, Town of Pickering
(PCA 10/78).
BY-LAW read a first,se////c????o??,nd and
this (0k. day of ° U
third time and finally PASSED
, 1978.
Clerk ?1/'?,
THIS AGREEMENT made in duplicate this 16 & day of 1978.
B E T W E E N: a a
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter referred to as the "Town"
OF THE FIRST PART
- and -
WENTWORTH ENGINEERING LIMITED
hereinafter referred to as the "Owner"
OF THE SECOND PART
WHEREAS section 5.26 of By-law 3036, as amended by By-law
190/75, placed all lands referred to in By-law 3036 under devel-
opment 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 to
enter into an Agreement with it prior to development or re-
development of the lands affected hereby and any buildings
constructed or to be constructed thereon;
AND WHEREAS, on August 1st, 1972, Davis & Adams Manufac-
turing Company Limited changed its name to Wentworth Engineering
Limited;
AND WHEREAS the Owner is the owner in fee simple of the
lands affected hereby and wishes to develop and redevelop
said lands and the building thereon; `
NOW THEREFORE this Agreement witnesseth that in consider-
ation of the mutual covenants and agreements'herein contained
and subject to the terms and conditions hereinafter set out,
the Parties hereto agree as follows:
1. The lands affected by this Agreement are those lands
and premises more particularly described in Schedule
"A" hereto.
2. No building or buildings will be erected on the lands
affected hereby until a site plan or plans displayaing
the following information is or are submitted to the
Town by the Owner and approved by the Town:
(a) location of proposed building or buildings;
(b) height of proposed building or buildings;
(c) locations of proposed entrances and exits to
proposed buildings;
(d) locations of proposed entrances and exits to
abutting roads;
(e) area and location of lands to be used for
parking;
(f) elevations of proposed buildings, indicating
proposed exterior material types and colours;
(g) proposed landscaping features;
(h) use of lands not covered or to be covered by
buildings;
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(i) locations of all hydro-electric power and gas;
(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 unloading facilities;
(m) locations and types of all proposed fencing;
(n) proposed grading of the lands and provisions for
storm and sanitary drainage and water service;
(o) locations of all proposed fire routes;
(p) locations and specifications for all proposed
standpipes; and
(q) locations and specifications of all proposed
garbage storage facilities.
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 displaying the infor-
mation 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 rele-
vant authority and be subject to the approval of such
authority.
6. Only one architectural or engineering firm shall be
used and employed by the Owner for the development
of the lands affected hereby.
7. The owner shall comply with any
quirements in force at any time
the area within which the lands
situate, especially but not nec
the requirements of By-law 3036
to time.
and all zoning re-
and pertaining to
affected hereby are
assarily limited to
as amended from time
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 and, upon receipt of such
approval, the said proposals shall be implemented only
as approved.
9. The Owner agrees that all proposals for access to and
from public lands, including roadways, shall be sub-
ject to the approval of the Town, and, upon receipt
of such approval, the said proposals shall be imple-
mented only as approved.
10. This Agreement and everything contained herein shall
enure to the benefit of and be binding upon the Parties
hereto, their successors and assigns.
IN WITNESS WHEREOF the Parties hereto have affixed
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their corporate seal attested by the hands of their duly
authorized officers.
SIGNED, SEALED AND DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
Clerk 64 &W
WENTWORTH ENGINEERING LIMITED
Per:
Per:
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 that part of Lot 17, Con-
cession 1, more particularly described as follows:
PREMISING that all bearings herein are referred to the road
allowance between Concession 1 and 2 in the Town of Pickering
assumed to have a bearing of north 73 degrees 17 minutes east;
COMMENCING at a point in the westerly limit of a road in Lot
17 and which said point may be located by starting at the
north-east corner of Lot 17; THENCE south-westerly along the
northerly limit of Lot 17 a distance of 83.5 feet; THENCE
south 18 degrees 27 minutes east along the said westerly
limit 27.0 .`_eet to a point; THENCE continuing south 18 degrees
27 minutes east along the westerly limit of the said road
745 feet to the point of commencement';
THENCE south 73 degrees 03 minutes west 200 feet; THENCE
south 18 degrees 27 minutes east 80 feet; THENCE north
73 degrees 03 minutes east 200 feet to a point in the
westerly limit of the said road in Lot 17; THENCE north 18
degrees 27 minutes west along the said westerly limit 80
feet to the point of commencement.