HomeMy WebLinkAboutBy-law 1868/84THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1868 /84
Being a by-law to authorize the execution of a
Development Agreement between Pickfair Shopping
Centre Limited and the Corporation of the Town
of Pickering respecting Part Lot 23, Concession
1, Picketing
WHEREAS Pickfair Shopping Centre Limited is the owner of Part Lot 23, Concession 1,
Picketing; and
WHEREAS, prior to development of the subject lands, the owners are required to
enter into a satisfactory Development Agreement;
NOW THEREFORE, the Council of the Corporation of the Town of Pickering 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, between Pickfair Shopping
Centre Limited and the Corporation of the Town of Pickering respecting Part
Lot 23, Concession 1, Picketing.
BY-LAW read a first, second and third time and finally passed this 3rd day of July,
1984.
TOWN OF
PICKERING
APPROVED
Schedule A
THIS AGREEMENT made lSth day of June, 1984.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter referred to as the "Town"
OF THE FIRST PART,
- and -
PICKFAIR SHOPPING CENTRE LIMITED
hereinafter referred to as the "Owner"
OF THE SECOND PART,
- and -
J. A. MacFARLANE ENGINEERING COMPANY LIMITED,
EDWIN ANSTEY,
IRVING AARON
and
THE TORONTO-DOMINION BANK
hereinafter collectively referred to as the "Encumbrancer"
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 interests in the nature of encum-
brances relating to the lands affected hereby;
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;
WHEREAS as a condition of the Town approving an application for rezoning of the
lands (Application A 26/83), the Owner is required to contribute to the costs of the
Pine Creek Storm Water Management Project and to provide to the Town a right-ofwa¥
over a portion of the lands; 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
building, 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 (herein referred to as the
"lands") are those lands more particularly described in Schedule A hereto.
2. No development, including redevelopment, shall be undertaken on the lands
un til,
(a)
plans showing the location of all buildings and structures existing or to
be erected and showing the location of all facilities and works to be
provided in conjunction therewith and of all facilities and works required
under section 3 hereof, and
(h)
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,
(i) 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 o£ 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.
3. (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)
facilities to provide access to and from the lands, such as access
ramps, curbs and traffic direction signs;
(b)
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;
(c)
walkways, including the surfacing thereof, and all other means of
pedestrian access;
(d)
facilities for the lighting, including floodlighting of the lands or
of any buildings or structures thereon;
(e) walls, fences, hedges, trees, shrubs or other groundcover or
facilities for the landscaping of the lands or the protection of
adjoining lands;
(f)
vaults, central storage and collection areas and other facilities
and enclosures for the storage of garbage and other waste mater-
ial;
easements conveyed to the Town for the construction, maintenance
or improvement of watercourses, ditches and land drainage works
on the lands; and
(z)
(h)
grading or alteration in elevation or contour of the land and
provision for the disposal of storm, surface and waste water from
the lands and from any buildings or structures thereon.
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 of subsection (1), 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.
If erection, construction or installation has not commenced within one (1) 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 corn-
men cing.
(l)
(z)
(3)
On or before the submission to the Town of the plans and drawings
referred to in section 2, above, the Owner shall convey to the Town, at
no cost to the Town and free and clear of all encumbrances, an irrevoca-
ble right-of-way for the purposes of vehicular and pedestrian ingress and
egress between Kingston Road and the properties to the east, and west
across that portion of the lands cross-hatched on Schedule B hereto.
The right to use that right-of-way shall be assignable by the Town to the
owner of the property immediately to the east and to the owner of the
property immediately to the west.
In the event that the Town obtains a similar right-of-way from either or
both of those owners, the Town shall assign to the Owner herein the
right to use the similar right-of-way or rights-of-way.
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 Schedules A and B hereto, and everything contained
therein, shall enure to the benefit of and be binding upon the Parties hereto
and their respective heirs, executors, successors and assigns.
- 3-
IN WITNESS WHEREOF the corporate parties hereto have hereunto affixed their
respective corporate seals, attested in each case by their proper authorized officers
and the other parties hereto have hereunto affixed their hands and seals.
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
Clerk
P1CKFAIR SHOPPING CENTRE LIMITED
J. A. MacFARLANE
ENGINEERING COMPANY LIMITED
In the presence of
witness
EDWIN ANSTEY
witness
IRVING AARON
THE TORONTO-DOMINION BANK
- 4-
SCHEDULE 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 containing by admeasurement Three and Twenty Hundredths acres
{3.Z0 ac.) be the same more or less, and being composed of parl of Lot 23 in Conces-
sion 1 Of the said Town of Pickering, the boundaries of the said parcel of land being
described as follows:
PREMISING that the easterly limit of the said Lot 23 being the westerly limit of
Liverpool Road has a course North Seventeen degrees Ten minutes West (N. 17° 10'W)
and relating all bearings herein thereto;
COMMENCING at a point in the easterly limit of the said Lot 23 distant One Hundred
and Seventy-seven feet (177' 0') measured southerly thereon from the point of inter-
section thereof with the southeasterly limit of King's Highway Number 2 as established
by Department of Highways Plan registered in the Registry Office for the Registry
Division of Durham as Number 31;
THENCE South Seventeen degrees Ten minutes East (S. 17° 10'E) along the said
easterly limit of Lot 23, a distance of One Hundred and Seventy-eight feet Eight
inches (178' 8") to a point therein distant Three Hundred and Fifty-five feet Eight
inches (355' 8") measured southerly thereon from the last mentioned intersection with
the southeasterly limit of King's Highway Number 2;
THENCE South Seven degrees Thirty-three minutes Ten seconds (S. 7° 33' 10" E.)
being along the westerly limit of lands secondly described in an instrument registered
in the said Registry Office as Number 127225, a distance of One Hundred and One
feet Five inches (10U 5') to a point in a line drawn parallel with the said easterly
limit of Lot 23, and distant Seventeen feet (17' 0") westerly therefrom measured on a
course at right angles thereto;
THENCE South Seventeen degrees Ten minutes East continuing along the westerly
limit of the said lands secondly described and being along the last mentioned parallel
line, a distance of One Hundred and Thirty feet (130' 0") to the point of intersection
thereof with a line drawn on a course South Seventy-two degrees Fifty minutes West
(S. 72° 50' W.) from a point in the said easterly limit of Lot 23 distant Five Hundred
and Eighty-five feet Eight inches (585~ 8") measured southerly thereon from the
intersection thereof with the southeasterly limit of Highway Number 2 aforesaid;
THENCE South Seventy-two degrees Fifty minutes West (S.72° 50'W.) along the line
drawn as aforesaid, a distance of Two Hundred and Thirteen feet (213" 0");
THENCE North Sixty-two degrees Thirty-two minutes West (N. 62° 32'
of Three Hundred and Eighty feet (380' 0");
THENCE North Forty-three degrees Forty-nine minutes East (N. 43°
tance of Fifty-three feet (53~ 0");
THENCE North Eighteen degrees Seventeen minutes West (N, 18° 17' W.
Forty-five feet (45~ 0") to a point hereinafter referred to as Point "A";
THENCE North Seventy-one degrees East (N. 71° 00~ E.) a distance of
and Thirty-nine feet (139' 0");
THENCE North Sixty-one degrees Two minutes East
Three Hundred and Twenty-three feet Three inches
(N. 61° 02'E.)
(323' 3") to the
W.) a distance
49' E.) a dis-
) a distance of
One Hundred
a distance of
said point of
TOGETHER with a right-of-way for all those now or hereafter entitled hereto, in,
over, along and upon that part of the said Lot 23 described as follows:
BEGINNING at the Point 'A" hereinbefore described;
THENCE South Eighteen degrees Seventeen minutes West (S. 18° 17' W.) along a
westerly limit of the said lands hereinbefore described, a distance of Forty-five feet
(45' 0") to an angle therein;
- 1-
SCHEDULE A (Cont'd)
THENCE South Forty-three degrees Forty-nine minutes West (S. 43° 49'W.) along the
northwesterly limit of the said lands hereinbefore described, a distance of Twen-
ty-eight feet Three inches (gS' 3");
THENCE North Eighteen degrees Seventeen minutes West (N. 18° 17'W.) a distance of
One Hundred and Twenty-five feet (125' 0") more or less to a point in the
southeasterly limit of Highway Number 2 established as aforesaid;
THENCE Northeasterly along the southeasterly limit of Highway Number 2 aforesaid, a
distance of Twenty-eight feet Three inches (28' 3") more or less to the point of
intersection with a line drawn on a course North Eighteen degrees Seventeen minutes
West (N. 18° 17' W.) from the said Point "A";
THENCE South Eighteen degrees Seventeen minutes East (S. 18° 17' E.) along the
line last mentioned, a distance of Eighty-six feet (86' 0") to the said place of begin-
ning;
AS DESCRIBED in Instrument No. D178484.
- 2 -
SCHEDULE B
(to be completed upon receipt of surveys)
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Town of Picketing
Legal Department