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HomeMy WebLinkAboutBy-law 2203/86THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2203/86 Being a by-law to authorize the execution of a Development Agreement respecting Part Lot 60, Plan 509, Picketing, (Feldman/Smoskowitz / Smuszkowicz, S4/86). WHEREAS, the Owners of that part of Lot 60, Plan 509, Picketing, more particularly described in Instrument No. DZ12265, wish to develop those lands in such a manner that requires the entering into of an appropriate Development Agreement; and WHEREAS on May 28, 1984, the Council of the Corporation of the Town of Picketing passed Resolution 55/84 approving that process in principle subject to a condition requiring a contribution to the cost of adjacent capital works; NOW THEREFORE, the Council of the Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a Development Agree- ment in the form attached hereto as Schedule A, respecting the development of that part of Lot 60, Plan 509, Picketing, more particularly described in Instru- ment No. D212265 (FeldmanISmoskowitz/Smuszkowicz, S4/86). BY-LAW read a first, second and third time and finally passed this 21st day of April, 1986. Bruce Taylor, Clerk/ TOWN OF P1CI(ERING Schedule A to By-law 2205/86 THIS AGREEMENT made this 14th day of February, 1986. BETWEEN : THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE FIRST PART, - and - RICltARD ZYGMUNT FELDMAN and ALLAN SMOSKOWITZ and BEN SMUSZKOWICZ hereinafter collectively called the "Owner" OF THE SECOND PART, - and - SARA EKER hereinafter referred to as the nEncumbrancer~', OF THE THIRD PART, WHEREAS the Owner herein is the registered owner, in fee simple, of the lands affected hereby; and WHEREAS, the Encumbrancer has certain rights or interest in the nature of encum- brances relating to the lands affected hereby~ and WHEREAS pursuant to the provisions of the predecessor of section 40 of the Planning Act, R.S.O. 1980, chapter 379, the Council of the Corporation of the Town of Picker- lng enacted By-Law 1079/80 on January 21st, 1980, designating the whole of the area of the Town of Picketing as a site plan control area; and WHEREAS therefore, the Town requires the Owner, with the consent of the Encumbrancer, to enter into an Agreement with it prior to the development, including redevelopment, of the said lands and the erection, construction and installation of buildings, structures, facilities and works thereon; NOW THEREFORE, THIS AGREEMENT WITNESSETH that in consideration of mutual benefits, the Parties hereto agree as follows: The lands and premises affected by this Agreement (hereinafter called the "lands") are those lands more particularly described in Schedule A hereto. No development, including redevelopment, shall be undertaken on the lands until, plans showing the location of all buildings and structures existing or to be erected and showing the location of ali facilities and works to be provided in conjunction therewith and of all facilities and works required under section 3 hereof, and (b) drawings showing plan, elevation and cross-section views for each indus- trial and commercial building to be erected which drawings shall be suffi- cient to display, ti) the massing and conceptual design of the proposed building; (ii) the relationship of the proposed buildings to adjacent buildings, streets and exterior areas to which members of the public have access; and (iii) the provision of interior walkways, stairs and escalators to which members of the public have access from streets, open spaces and interior walkways in adjacent buildings, have been submitted to the Town and approved by the Town's Director of Planning. (1) As a condition to the approval of the plans and drawings referred to in section 2, above, the Town may require the Owner to provide to the satisfaction of and at no expense to the Town any or all of the following: (a) widenings of highways that abut on the lands; (b) facilities to provide access to and from the lands, such as access ramps, curbs and traffic direction signs; (c) off-street vehicular loading and parking facilities, covered or uncovered, access driveways, including driveways for emergency vehicles, and the surfacing of such areas and driveways; (d) walkways, including the surfacing thereof, and all other means of pedestrian access; (e) facilities for the lighting, including floodlighting of the lands or of any buildings or structures thereon; (f) walls, fences, hedges, trees, shrubs or other groundcover or facilities for the landscaping of the lands or the protection of adjoining lands; vaults, central storage and collection areas and other facilities and enclosures for the storage of garbage and other waste materi- al; (h) easements conveyed to the Town for the construction, maintenance or improvement of watercourses, ditches and land drainage works on the lands; and ti) grading or alteration in elevation or contour of the land and provision for the disposal of storm, surface and waste water from the ]ands and from any buildings or structures thereon. - 2 - (3) As a further condition to the approval of the said plans and drawings, the Town may require the Owner to maintain, to the Town's satisfaction and at the sole risk and expense of the Owner, any or all of the facilities or works mentioned in clauses (b), (c), (d), (e), (f), (g), (h) and (i) of subsection (I), above, including the removal of snow from access ramps and driveways, parking and loading areas and walkways. For the purpose of guaranteeing the maintenance, by the Owner, of any works and facilities required to be maintained pursuant to a condition of approval imposed under subsection (2), above, the Town may require the Owner to provide, prior to the issuance of a building permit, security in the form of an irrevocable letter of credit issued by a chartered bank in Canada in an amount and for a term determined by the Town, which security may be drawn upon by the Town in such amounts, and at such times as the Town, in its sole discretion, deems advisable, should the Owner fail to maintain the said facilities or works to the Town's satisfac- tion. Upon approval by the Town's Director of Planning of the plans and drawings referred to in section 2, above, the proposed buildings, structures, facilities and works shall be erected, constructed, installed and maintained in confor- mance with the said plans and drawings, as approved. Prior to the issuance of the first building permit to be issued after the date hereof with respect to the lands affected hereby, the Owner of the lands shall pay to the Town the sum of SZ0,000 as its contribution to the Town's cost of off-site services adjacent to or in the vicinity of the lands affected hereby. If erection, construction or installation has not commenced within one year of the date of approval of the plans and drawings referred to in section 2, the approval shall become null and void and the plans and drawings must be re-submitted for approval prior to any erection, construction or installation commencing. This Agreement shall have priority over and take precedence over all of the Encumbrancer's rights or interest, whether or not any such right or interest was established or arose prior to the date hereof and whether or not such right or interest is set out in or arises by virtue of any instrument or document registered on title to the lands affected hereby, or any part of them, prior to the registration of this Agreement. This Agreement, the Schedule hereto, and everything contained therein, shall enure to the benefit of and be binding upon the Parties hereto and their re- spective heirs, executors, successors and assigns. IN WITNESS WHEREOF the Party of the First Part has hereunto affixed its corporate seal duly attested by its proper officers in that behalf fully authorized and the -3 - persons comprising the Parties of the Second and Third Part have hereunto set their hands and seals. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING John E. Anderson, Mayor Bruce Taylor, Clerk In the presence of Richard Zygmunt Feldman Allan Smoskowitz Ben Smuszkowicz Sara Eker - 4 - SCHEDIILE A ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Picketing, in the Regional Municipality of Durham and Province of Ontario and being composed of part of Lot 60, and part of the Park Lot to the North of Provincial ttighway No. 2 as shown on Registered Plan No. 509, Town of Picketing, the boundaries of said parcel are described as follows: PREMISING that the bearings as shown on Deposited Plan No. 593 (tlighways) govern all bearings mentioned hereafter; COMMENCING at the South West angle of Lot No. 60; THENCE Southerly along the West limit of Park Lot as shown on right having a radius of 439.50 feet a distance of 440.52 feet to a point, said arc has a chord equivalent of 422.31 feet measured on a course of South 11 degrees 30 minutes 23 seconds West; THENCE continuing Southerly along said West limit of Park Lot being the arc of a curve to the left having a radius of 307.50 feet a distance of 257.7l feet to the intersection of said West limit with the North limit of King's Highway No. 2 as shown on Deposited Plan No, 593 (Highways), said arc has a chord equivalent of 250.23 feet measured on a course of South 18 degrees 51 minutes 02 seconds West; THENCE North 40 degrees 26 minutes East along the Nortb limit of King's Highway No. 2 as shown on said Deposited Plan No. 593 a distance of 956.98 feet to a point; TIIENCE North 11 degrees 40 minutes Each continuing along said North limit of King's ltighway No. 2 as shown on said Deposited Plan No. 593 a distance of 87.66 feet to the intersection of said North limit with the East limit of Lot 60 as shown on said Registered Plan No. 509; THENCE North 17 degrees 06 minutes 30 seconds West along said East limit being also the West limit of the allowance for road between Lots 20 and 21, Concession 1, of said Township of Picketing a distance of 149.70 feet to a polntl THENCE South 54 degrees 04 minutes 50 seconds West a distance of 264.17 feet to a point; THENCE South 17 degrees 06 minutes 30 seconds East a distance of 20.57 feet to a point; THENCE South 44 degrees 07 minutes West a distance of 41.96 feet to a point; THENCE South 62 degrees 00 minutes 30 seconds West a distance of 217.12 feet to the point of commencement; The above described parcel of land contains by admeasurement an area of 4.04 acres more or less. SAVE AND EXCEPT Part 3 on Department of Highways Plan Number RD94. AS DESCRIBED in Instrument No. D212265. --/- ~ .~ .~ _ .~ i Town of Pickering Legal Department