HomeMy WebLinkAboutBy-law 1040/79THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1040/79
Being a By-Law to authorize the execution
of a Site Plan Agreement among the Corpor-
ation of the Town of Pickering, Humberline
Developments Ltd., Theodore Papatheodoru
and Angelo Argiro respecting Part Lots 23
and 24, Plan 489 and Lot 27, Plan 492
(Part 1, Plan 40R-1985).
WHEREAS, pursuant to the provisions of By-Law 3036,
as amended by By-Law 190/75, the Town requires Humberline
Developments Ltd., the Lessee herein, and Theodore Papatheodoru
and Angelo Argiro, the owners herein, to enter into a Site
Plan Agreement prior to the development or redevelopment of
the lands affected hereby and the construction or reconstruc-
tion of any buildings to be constructed or constructed thereon;
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 the Site Plan Agreement in the form
attached hereto as Schedule "A" among the
Corporation of the Town of Pickering, Humber-
line Developments Ltd., Theodore Papatheodoru
and Angelo Argiro respecting Part Lots 23 and
24, Plan 489 and Lot 27, Plan 492 (Part 1,
Plan 40R-1985).
BY-LAW read a first, second and third time and finally passed
this 4th day of September , 1979.
TO)NN
P;CK[;
?..J J L' is ? F .1
SCHEDULE "A" To By-law #1040/79
THIS AGREEMENT made in triplicate this day of ,
1979.
AMONG:
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter referred to as the "Town"
OF THE FIRST PART,
- and -
HUMBERLINE DEVELOPMENTS LTD.
hereinafter referred to as the "Lessee"
OF THE SECOND PART,
- and -
THEODORE PAPATHEODORU
and
ANGELO ARGIRO
hereinafter referred to collectively as the "Owner"
OF THE THIRD PART.
WHEREAS, the Owner herein is the registered owner, in
fee simple, of the lands affected hereby; and
WHEREAS, the Owner has leased the lands affected hereby
to the Lessee on certain terms and conditions; and
WHEREAS, section 5.26 of By-Law 3036, as amended by
By-Law 190/75, places all lands referred to in By-Law 3036
under development control pursuant to the provisions of
section 35a of The Planning Act, R.S.O. 1970, chapter 349,
as amended by S.O. 1973, chapter 168; and
WHEREAS, therefore, the Town requires the Owner and
the Lessee to enter into an Agreement with it prior to
development or redevelopment of the lands affected hereby
and the construction or reconstruction of any buildings to
be constructed or constructed thereon;
NOW THEREFORE, this Agreement witnesseth that in con-
sideration of mutual benefits, the Parties hereto agree as
follows:
- 2 -
1. The lands and premises affected by this Agreement
(hereinafter referred to as the "lands") are those
lands more particularly described in Schedule "A"
hereto.
2. No building or buildings shall be altered and
erected on the lands until a site plan or plans
displaying the following information is or are
submitted to the Town by the Owner and approved
by the Town:
(a) location of all existing and proposed
buildings;
(b) height of all existing and proposed
buildings;
(c) locations of all existing and proposed
entrances and exits to buildings;
(d) locations of all existing and proposed
entrances and exits to abutting roads;
(e) area and location of lands used and to
be used for parking;
(f) elevations of all existing and proposed
buildings, indicating existing and pro-
posed exterior material types and
colours;
(g) existing and proposed landscaping fea-
tures;
(h) existing and proposed use of lands not
covered or to be covered by buildings;
(i) existing and proposed locations of all
electric power and natural gas connec-
tion lines;
(j) locations, types and colours of all
exterior signs;
(k) locations and types of all existing and
proposed exterior lighting fixtures and
standards;
(1) locations of all existing and proposed
loading and unloading facilities;
(m) locations and types of all existing and
proposed fencing;
(n) existing and proposed grading of the
lands and provisions for storm and sani-
tary drainage and water service;
(o) locations of all existing and proposed
garbage storage facilities; and
(p) locations and specifications for all
existing and proposed standpipes and
locations of all proposed fire routes.
- 3 -
3. Upon approval by the Town of the 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 one (1)
year 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 display-
ing the information required in section 2 and must
be approved by the Town prior to any construction
being commenced.
5. Any works required to be done on road allowances
shall be done according to the specifications of
the relevant authority and be subject to the
approval of such authority.
6. Only one architectural or engineering firm shall
be used and employed for the development of the
lands.
7. The Lessee and the Owner shall comply with all and
any zoning requirements in force at any time and
pertaining to the area within which the lands are
situate, especially but not necessarily limited
to the requirements of By-Law 3036 as amended by
By-Law 373/76.
8. All proposals for exterior signs and exterior
lighting of all types shall be subject to the
approval of the Town and the Ministry of Trans-
portation and Communications, and, upon receipt
of such approvals, the said proposals shall be
implemented only as approved.
9. All proposals for access to and from public lands,
including roadways, shall be subject to the
approval of the Town and the Ministry of Trans-
portation and Communications, and, upon receipt
of such approvals, the said proposals shall be
implemented only as approved.
10. This Agreement and everything contained herein
shall enure to the benefit of and be binding
upon the Parties hereto and their respective
heirs, executors, administrators, successors
and assigns.
IN WITNESS WHEREOF the Parties of the First and Second
Parts have affixed their corporate seals attested by the
hands of their duly authorized officers, and the persons
comprising the Party of the Third Part have hereunto
- 4 -
affixed their hands and seals.
SIGNED, SEALED and DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
HUMBERLINE DEVELOPMENTS LTD.
Per:
Per:
in the presence of
Witness Theodore Papatheodoru
Angelo -Aag0 &"
Argiro
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 Part of Lots 23 and 24
according to a plan registered in the Registry Office for
the Registry Division of Durham as Plan No. 489 and all
of Lot 27 according to a plan registered in the
said office as Plan No. 492, all of which is designated
as Part 1 on a plan of survey of record filed in the
said Office as Plan No. 40R- 1985.
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PRELIMINARY PROPOSAL
HUM BERLINE DEVELOPMENT LTD_
R
PT. OF LOTS 23 & 24 PLAN 489
PT. OF LOTS 27 & 28 PLAN 492
TOWN OF PICKERING