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HomeMy WebLinkAboutBy-law 864/78THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 864/78 Being a By-law to authorize the execution of a Site Plan Agreement between the Corporation of the Town of Pickering and Bernard Luttmer and Jean Luttmer respect- ing part Lot 23, Range 3, Broken Front Concession and Lot 27, Plan M-89 (LD 201/78) WHEREAS by decision dated June 19, 1978, the Land Division Committee of the Regional Municipality of Durham approved an application for severance of part of Lot 23, Range 3, Broken Front Concession and Lot 27, Plan M-89, subject to certain conditions, one of which requires a Site Plan Agreement to be entered into with the Town; 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" be- tween the Corporation of the Town of Pickering and Bernard Luttmer and Jean Luttmer respecting part Lot 23, Range 3, Broken Front Concession and Lot 27, Plan M-89 (LD 201/78). BY-LAW read a first, second and third time and finally passed this 8th day of August , 1978. TOWN OF PICKERING APPROVED AS TO FORM LEGAL DEPT. SCHEDULE "A" TO BY-LAW NUMBER 864Z78, THIS AGREEMENT made in duplicate this 8th day of August, 1978. 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 - BERNARD LUTTMER and JEAN LUTTMER 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 deal with those lands and premises in a certain manner; AND WHEREAS the Owner is therefore required by Decision, dated the 19thday of June, 1978 , of the Land Division Committee of the Regional Municipality of Durham to enter into a certain agreement or agreements with the Town; NOW THEREFORE THIS AGREEMENT WITNESSETH THAT, in consideration of mutual benefits,the Parties hereto agree as follows: 1. The lands and premises affected by this agreement are those landr and premises more particularly described in Schedule "A" hereto. 2. No building or buildings will be erected on the lands and premises hereinbefore described until a site 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 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 twelve months 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 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 specifications of the Town and subject to the approval of the Town's Director of Public Works or his desionate. 6. Only one architect shall be used and employed by the Owner for the development of the lands hereinafter described. 7. The Owner shall comply with any and all zoning require- ments in force at any time and pertaining to the area within which the lands hereinbefore described are situate, especially but not necessarily limited to the requirements of By-law 2511, as amended. - 2 - 8. This agreement and everything contained herein shall enure to the benefit of and be binding upon the Parties hereto and their successors and assigns. IN WITNESS WHEREOF the Party of the First Part has hereto affixed its corporate seal attested by the hands of its duly authorized officers and the persons comprising the Party of the Second Part have hereto affixed their respective hands and seals. SIGNED, SEALED and DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Mayor Administrator-Clerk in the presence of Bernard Luttmer Jean Luttmer NO 542 COMBINED AFF DAVIT OF SUBSCRIBING WITNESS AFF:D AV IT AS TO AGE AND SPOUSAL STATUS UNITED STATIONERY CO LTD., LEGAL FORM DEPT W PRODUCTION DRIVE, SCARBOROUGH AFFIDAVIT OF SUBSCRIBING WITNESS IF of the in the AMLUDED MARCH Icxs make oath and say: I am a subscribing witness to the attached instrument and I was present and saw it executed at by -See Footnote -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 in the this day of 19 n cow RlssloNan roR TA-I. AlrioAVlTC! arc • Where a party is unable to read the instrument or where party signs by making his mark or in fareign char..(,,. add "aft,, the instrument had been read to him and he appeared fWiy to onderstnnd 'W. Where evecuted under a pan., of attomep insert "(name of attorney) as attorney for (mme o1 party)"; and for next chase substitute "I verily believe that the person whose .,iignature I witnessed was authorized to execute the instnrment as atwmey I., (name)". March 1978 AFFIDAVIT AS TO AGE AND SPOUSAL STATUS I/WE of the in the If en io rn e 1P make oath and say: When executed the attached instrument, .. finav Strike out inapnllueb)e d ..Mai. --Not It Matrimonial Ham etc. Bee Footnote. I/WE at least eighteen years old. Within the meaning of section 1(f) of The Family Law Reform Act, 1978:- a) I was a spouse, b) We were spouses of one another. C) was my spouse. (SEVERALLY) SWORN before me at the in the day of 19 A ?o.I.ISUORaR I.. rAeIRC APn oAVns, erc. "Where IIFF'1-1 it made by -((-1111 eubslitulel "When I r',,aUd If, atlorhrd insfranrraf as attornry for (name). he-shr ,., (PpouNd arch, and. if appliraldr. mm?r of Uno I,) ,,thin all a ing of Srnon 1(f) of Thr Family La, Rrfono Art, 1915, and uhrn he/she u,rnlyd noL Vmrcr of ann',," hr/ehr had afl.,,d th, ayr of enajarit y". '•II'hrrr,Poe.?rd"',Ipt ioinvl,,,,,,,11",.c,rti„n'.:(tl ,('I'L, Purim... I,— R,. r...nr drt rn-e(., r.,?,'rr .. p,?.•. e'(i'.?:rl. 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, FIRSTLY, all of Lot 27 according to a plan registered in the Land Titles Office for the Registry Division of Durham as Plan M-89, and SECONDLY, part of Lot 23, Range 3, Broken Front Concession, ALL OF WHICH is designated as Part on a plan of survey of record registered in both the Land Titles Office and the Registry Office for the Registry Division of Durham as Plan 40R- SCHEDULE "B" (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; (i) Locations of all hydro-electric power and gas; (j) Locations and types of all exterior lighting fixtures and standards; (k) Locations and types of all proposed fencing; (1) Proposed grading of the lands and provisions for storm and sanitary drainage and water service. 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