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HomeMy WebLinkAboutBy-law 449/76THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER •y y y / / Ip Being a By-law to authorize the execution of a Site Plan Agreement between the Corporation of the Town of Pickering and Friedrich S. Hertzberg and Kathleen Margaret Hertzberg with respect to Lot 5, Registered Plan 456 (P CA 26/76) 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 between the Corporation of the Town of Pickering and Friedrich S. Hertzberg and Kathleen Margaret Hertzberg with respect to Lot 5, Registered Plan 456 (P CA 26/76). By-law read a first, second and third and PASSED this 4+_ day of uu?uj , 1976. l - your - --JAM va" Administrator-C1 rk II THIS AGREEMENT made in duplicate this day of 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 - FRIEDRICH S. HERTZBERG & KATHLEEN MARGARET HERTZBERG, Collectively 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 25th day of March, 1976, of the committee of Adjustment of the Town of Pickerinq 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 lands 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 designate. 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 3036 -2- 8. The Owner hereby agrees that if the road allowance now known as Regional Road #38 or White's Road is widened hereafter on either side, then in that event the Owner shall abandon the existing southerly access from White's Road to the lands and premises and to limit future access to the lands and premises to one entrance only to be located at least 200 feet north of the intersection of the southerly extension of the eastern edge of White's Road and the westerly extension of the north edge of Kingston Road. 9. The Owner further agrees that in the event of the road widening referred to in section 8 being taken then the Owner shall forthwith convey to the Town of Pickering a one foot reserve along the easterly edge of the southerly 140 feet of such, road widening. 10. The Owner further agrees that if the present southerly access to the lands and premises is abandoned as required, then the owner shall, before constructing or developing a new access it and/or parking area, submit a site plan or plans as if the new access and/or parking area were a building or buildings to be erected, and the Owner therefore agrees that sections 2 - 7, inclusive, shall apply mutatis mutandis. 11. 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 hands and seals. SIGNED, SEALED and DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Mayor Administrator-Clerk In the presence of FRIEDRICH S. fERTZBERG & KATHLEEN MARGARET HERTZBERG 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 all of Lot Five (5) according to a plan registered in the Registry Office for the Registry Division of the Region of Durham as Number 456. 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; (}) 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. roomy r• 0 O p N x0 r• r• rn wAro to r- O p ((DD H O wwW O w. M til x t+7 z H x ] O H ro? x m a H C) ? ? x? z x I rh y cn a H 0 z O y r + °z I N y O N ? M M N bJ ¢+ ? CT7 ? `,t7 a a