HomeMy WebLinkAboutBy-law 1139/80TAE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1139/80
Being a By-Law to authorize the execution
of a Site Plan Agreement between the
Corporation of the Town of Pickering and
Canadian Star Construction Limited with
respect to Part Lot 19, Concession l,
Pickering (Corner Salk Road and Plummer
Street)
WHEREAS, pursuant to the provisions of section 35a of
The Planning Act, R.S.O. 1970, chapter 349, as amended, the
Council of the Corporation of the Town of Pickering enacted
By-Law 1079/80 on January 31st, 1980, designating the whole
of the area of the Town as a site planning control area; and
WHEREAS, therefore, the Town requires Canadian Star
Construction Limited to enter into an Agreement with the
Town prior to the development, including redevelopment, of
that Company's lands, being part of Lot 19, Concession 1,
Pickering (corner Salk Road and Plummer Street) and the
erection, construction and installation of buildings,
structures, facilities and works thereon;
NOW TAEREFORE, the Council o£ 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", between the
Corporation of the Town of Pickering and
Canadian Star Construction Limited with
respect to the development and redevelopment
o£ part of Lot 19, Concession 1, Pickering
(Corner Salk Road and Plummer Street).
BY-LAW read a first, second and third time and £inally passed
this 16th day of June , 1980.
\ �� �� � � , ,
ayor
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T��wi� OF
�ICK(= �SJG
AP�R�����.i
AS TO C,^;^:?
��c.n�
SCHEDULE "A" to By-law 1139/80
THIS AGREEb;ENT made this day of , 1980.
B E T W E E N:
THE CORPORATION OF THE TOY7N OF PICKERING
hereinafter referred to as the "Town"
OF THE FIRST PPFT,
- and -
CANADIAN STAR CONSTRliCTION LIMITED
hereinafter referred to as the "Owner"
OF TI-IE 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 section 35a
of The Planning Act, R.S.O. 1970, chapter 349, as amended
by The Planning Amendment Act, 1979, S.O. 1979, chapter 59,
the Council of the Corporation of the Town of Pickering
enacted By-law 1079/80 on January 21st, 1980 designating
the whole of the area of the Town as a site plan control
area; and
WHEREAS, there£ore, the Town requires the Owner 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,
£acilities and works thereon;
NOW THEREFORE, this Agreement witnesseth that in
consideration of mutual benefits, the Parties hereto agree
as follows:
1. The lands and premises af£ected by this Agreement (here-
ina£ter referred to as the "lands") are those lands more
particularly described in Schedule "A" hereto.
2. No development, including redevelopment, shall be under-
taken on the lands until,
(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 fac-
ilities and works required under section 3 hereo£,
and
(b) drawings showing plan, elevation and cross-section
-- views for each industrial and coimnercial building
to be erected which drawings shall be su£ficient to
display,
(i) the massing and conceptual design of the pro-
posed buildings;
- Z -
2. continued
(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 in-
terior walkways in adjacent buildings,
have been submitted to the Town and approved by the
Town's Director o£ Planning.
3. (1) As a condition to the approval of the plans and
drawings re£erred 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
lands, such as access
direction signs;
access to and £rom the
ramps, curbs and traf£ic
(c) of£-street vehicular loading and parking
facilities, covered or uncovered, access drive-
ways, 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 flood-
lighting, of the lands of of any buildings or
structures thereon;
(f) walls, fences, hedges, trees, shrubs or other
groundcover or facilities for the landscapiny
o£ the lands or the protection of adjoining
lands;
(g) vaults, central storage and collection areas and
other facilities and enclosures for the storage
of garbage and other waste material;
(h) easements conveyed to the Town £or the construction
maintenance or improvement of watercourses, ditches
and land drainage works on the lands; and
(i) grading or alteration in elevation or contour of
the land and provision for the disposal of storm,
surPace and waste water from the lands and from
any buildings or structures thereon.
(2) As a£urther 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) o£ subsection
(1), above, including the removal of snow from
access ramps and driveways, parking and loading
areas and walkways.
- 3 -
3. continued
(3) 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 deter-
mined 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 advis-
able, should the trwner fail to maintain the said
£acilities or works to the Town's satis£action.
A. 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 conPormance with the said plans and drawings, as
approved.
5. If erection, construction or installation has not com-
menced 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 commencing.
6. This Agreement, the Schedule hereto, and everything con-
tained therein, shall enure to the benefit of and be
binding upon the Parties hereto and their respective
successors and assigns.
IN WITNESS WHEREOF, the Parties hereto have afiixed
their respective corporate seals, attested by the hands of
their duly authorized of£icers.
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE TOWN OF
PICKERING
yor
CANADIAN STAR CONSTRUCTION LIMITED
Per:
Per:
SCHEDULE "A"
ALL AND SZNGULAR 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 those parts of Lot 19,
Concession 1, more particularly described as follows:
FIRSTLY, premising the bearing of the northerly limit of
Bayly Street, formerly Base Line Road, as widened by
Instrument No. 64057, assumed to be North seventy-two degrees
thirty-seven minutes forty seconds East and relating all
bearings herein thereto.
COMMENCING at a survey monument in the interior of Lot 19,
Concession 1, which said survey monument may be located in
the following manner:
BEGINNING at the southeast corner of said Lot 19,
THENCE North seventeen degrees seven minutes thirty seconds
West along the easterly limit of said Lot 19, seven hundred
and fifty and two one-hundredths feet to a survey monument
therein.
THENCE South seventy-two degrees fi£ty-two minutes thirty
seconds West, twenty-seven feet to a survey monument.
THENCE Southwesterly along a curve to the right having a
radius of twenty-five feet, an arc distance of thirty-nine
and sixteen one-hundredths feet chord equivalent being
thirty-five and twenty-eight one-hundredths feet measured
South twenty-seven deqrees forty-£ive minutes five seconds
West to a survey monument.
THENCE South seventy-two degrees thirty-seven minutes forty
seconds West parallel to the southerly limit of said Lot 19,
three hundred and fifty-five and eleven one-hundredths feet to
a survey monument being the Point of Commencement.
THENCE North seventeen degrees seven minutes thirty seconds
• West parallel to the said easterly limit of Lot 19, one
hundred and twenty-four and fifty-three one-hundredths feet
to a survey monument.
THENCE South seventy-two degrees thirty-seven minutes forty
seconds West parallel to the said southerly limit of Lot 19,
three hundred and fifty-three and forty-one one-hundredths
£eet to a survey monument.
THENCE South seventeen degrees seven minutes thirty seconds
East parallel to the said easterly limit of Lot 19, ninety-nine
and £orty-two one-hundredths feet to a survey monument.
THENCE Southeasterly along a curve to the le£t having a
radius of twenty-five feet an arc distance of thirty-nine
and thirty-eight one-hundredths feet, chord equivalent being
thirty-five and forty-three one-hundredths feet measured
South sixty-two degrees fourteen minutes fifty-five seconds
East to a survey monument.
� THENCE North seventy-two degrees thirty-seven minutes forty
seconds East parallel to the said southerly limit of Lot 19,
three hundred and twenty-eight and thirty one-hundredths
feet to the Point of Commencement.
The above described parcel of land being further shown as
Part 9 on a Plan of Survey prepared by Edwards and Gunn,
Ontario Land Surveyors, dated February 26th, 1968, amended
March 6th, 1969; and
SECONDLY, that part of the said Lot designated as Part No. 2
on a Re£erence Plan of Survey zegistered in the Registry
Office for the Registry Division of Durham in Whitby (40)
is Niimber 40R-?.9f>0.
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