HomeMy WebLinkAboutBy-law 1884/84THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1884 /84
Being a by-law to authorize the execution of a
Development Agreement between Braukmann
Building Corporation and the Corporation of the
Town of Picketing respecting Part Lots 21 and
22, Concession 1, Pickering (Parts 1 and 2, Plan
40R-6033)
WHEREAS as a condition of approval of Zoning By-Law Amendment Application A 1/84,
Braukmann Building Corporation is required to enter into an Agreement with the
Town with respect to the provision of direct pedestrian access routes linking those
parts of Lots 21 and 22, Concession 1, designated as Parts I and 2, Plan 40R-6033
with the Pickerlng GO Train Station; and
WHEREAS, pursuant to the provisions of section 40(6)(c) of the Planning Act, R.S.O.
1980, chapter 379, the Town may enter into an Agreement ,~ith Braukmann Building
Corporation for this purpose;
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 between Braukmann Building Corporation and the Corporation of the Town
of Pickering respecting Part Lots 21 and 22, Concession 1. Picketing (Parts 1
and 2. Plan 40R-6033).
BY-LAW read a first, second and third time and finally passed this 30'chctay of
July, 1984.
/~P?~OFEO
I ,
THIS AGREEMENT made this 21st day of January, 1985.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter referred to as the "Town"
OF THE FIRST PART,
BRAUKMANN BUILDING CORPORATION
a corporation incorporated under
the laws of the Province of Ontario
hereinafter referred to as the "Owner"
OF THE SECOND PART.
WHEREAS the Owner herein is the registered owner, in fee simple, of the lands
affected hereby; and
WHEREAS pursuant to the provisions of By-law 1079/80, enacted pursuant to the
predecessor of section 40 of the Planning Act, R.S.O. 1980, chapter 379, the Town
and the Owner entered into a Site Plan Agreement dated May 30th, 1983, which
Agreement was registered in the Land Registry Office of the Registry Division of
Durham (No. 40) on July 28th, 1983 as Instrument Number D160824; and
WHEREAS as a condition of the approval of Zoning By-law Amendment Application
A 1/84, the Town requires the Owner to enter into an Agreement with it respecting
the provision of direct pedestrian access routes linking the lands affected hereby with
the Picketing Go Train Station;
NOW THEREFORE, THIS AGREEMENT WITNESSETH that in consideration of the sum of
Two Dollars, now paid by each Party to the other, receipt of which from each is
hereby acknowledged, and the terms and conditions herein, the Parties hereto agree
as follows:
The lands and premises affected by this Agreement (hereinafter referred to as
the "lands") are those lands more particularly described in Schedule A hereto.
The Owner is bound by all the terms and provisions of the Site Plan Agreement
dated May 30th, ]983 between the Town and the Owner, which Agreement was
registered in the Land Registry Office of the Registry Division of Durham (No.
40) on July 28th, 1983, as Instrument Number D160824.
In the event that the owner of the property immediately to the west of the
lands, presently known as the "Picketing Go Train Station", redevelops, at any
time, that property as a commuter railway station, the Owner shall use its best
efforts to obtain a minimum of two and a maximum of three direct pedestrian
access routes linking that property with the lands.
In the event that the owner of the property to the west of the lands ceases to
use that property as a commuter railway station, the Owner shall not object to
the passage by the Town of a Zoning By-law pursuant to the Planning Act,
1983, or any successor thereto, the effect of which would be to prohibit the
use of the lands for any purpose constituting a commercial Go Transit related
facility.
This Agreement and everything herein contained shall enure to the benefit of
and be binding upon the Parties hereto, their successors and assigns.
IN WITNESS WHEREOF, the Parties hereto have hereunto affixed their corporate
seals, attested to by the hands of their proper authorized officers.
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
Clerk
BRAUKMANN BUILDING CORPORATION
-2-
SCHEDULE A
ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying
and being in the Town o£ Picketing, in the Regional Municipality of Durham and
Province of Ontario and being composed of parts of Lots 2] and 22, Concession 1, in
the said Town of Picketing, designated as Parts i and 2 on a plan deposited in the
Land Registry Office for the Registry Division of Durham (No. 40) as Plan 40R-6033;
AS DESCRIBED in Inetrument No. D177751;
SUBJECT to an easement over Part 2 on the said plan upon the terms of an Instru-
ment registered in the said Land Registry Office as No. D14562.
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