HomeMy WebLinkAboutBy-law 970/79THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 970/79
Being a by-law to authorize the execution
of a Site Plan Agreement between the
Corporation of the Town of Pickering and
LaFontaine Lodge Limited respecting Part
Lot 20, Concession 1, Pickering
(PCA 34-5/78)
WHEREAS, by Decisions dated August 24th, 1978 and November
23rd, 1978, the Town of Pickering Committee of Adjustment
approved variance applications PCA 34-5/78 subject to certain
conditions, one of which was that the applicant enter into a
Site Plan Agreement with and to the satisfaction of the Town
of Pickering;
NOW THEREFORE, the Council of 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 LaFontaine Lodge Limited respecting
Part Lot 20, Concession 1, Pickering (PCA 34-5/78).
BY-LAW read a first, second and third time and finally passed
this 19th day of March , 1979.
SCHEDULE "A" TO BY-LAW 970/79
THIS AGREEMENT MADE in duplicate this /?? day of l?
1979.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter referred to as the "Town"
OF THE FIRST PART,
- and -
LaFONTAINE LODGE LIMITED
hereinafter referred to as the "Owner"
OF THE SECOND PART.
WHEREAS section 5.26 of By-Law 3036, as added by By-Law
190/75, placed 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 to
enter into an Agreement with it prior to development or redev-
elopment of the lands affected hereby and any buildings con-
structed or to be constructed thereon;
NOW THEREFORE this Agreement witnesseth that in consid-
eration of mutual benefits, the Parties hereto agree as follows:
1. The lands affected by this Agreement are those lands
and premises more particularly described in Schedule
"A" hereto.
2. No building or buildings shall be altered and erected
on the lands hereinbefore described 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 proposed building or buildings;
(b) height of proposed building or buildings;
(c) locations of proposed entrances and exits
to proposed buildings;
(d) locations of proposed entrances and exits
to abutting roads;
(e) area and location of lands to be used for
parking;
- 2 -
(f) elevations of proposed buildings, indica-
ting proposed exterior material types and
colours;
(g) proposed landscaping features;
(h) use of lands not covered or to be covered
by buildings;
(i) locations of all hydro-electric power and
gas;
(j) locations, types and colours of all exter-
ior signs;
(k) locations and types of all exterior light-
ing fixtures and standards;
(1) locations of all loading and unloading
facilities;
(m) locations and types of all proposed fenc-
ing;
(n) proposed grading of the lands and provi-
sions for storm and sanitary drainage and
water service;
(o) locations of all proposed garbage storage
facilities; and
(p) locations and specifications for all pro-
posed standpipes and the locations of all
proposed fire routes.
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 displaying the information re-
quired 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 author-
ity.
6. Only one architectural or engineering firm shall be
used and employed by the Owner for the development of
the lands hereinafter described.
7. The Owner shall comply with any and all zoning require-
ments in force at any time and pertaining to the area
within which the lands hereinbefore described are sit-
uate, especially but not necessarily limited to the
requirements of By-Law 3036 as amended.
8. The Owner agrees that all proposals for exterior signs
and exterior lighting of all types shall be subject to
- 3 -
the approval of the Town and upon receipt of such
approvals the said proposals shall be implemented
only as approved.
9. The Owner agrees that all proposals for access to and
from public lands, including roadways, shall be sub-
ject to the approval of the Town and upon receipt of
such approvals the said proposals shall be implemented
only as approved.
10. The Owner agrees that, as a condition of the granting
by the Town of Pickering Committee of Adjustment of
variances in applications PCA 34/78 and PCA 35/78 was
"that the building be limited to one (1) storey only",
no plan submitted to the Town pursuant to the provi-
sions of section 2 hereof shall display any proposed
building or buildings having a height exceeding one
storey.
11. This Agreement and everything contained herein shall
enure to the benefit of and be binding upon the Part-
ies hereto and their successors and assigns.
IN WITNESS WHEREOF the Parties hereto have affixed their
respective corporate seals attested by the hands of their duly
authorized officers.
SIGNED, SEALED and DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
M or
LaFONTAINE LODGE LIMITED
Per:
Per:
SCHEDULE "A"
ALL AND SINGULAR that certain parcel or tract of land and pren-
ises situate, lying and being in the Town of Pickering, in the
Regional Municipality of Durham (formerly the Township of
Pickering, in the County of Ontario) and being composed of
those parts of Lot Number Twenty (20) in the First Concession
of the said Town (formerly Township) more particularly known
and described as follows:
FIRSTLY, COMMENCING at a point in the easterly limit of the
Concession Road or side road between Lots Numbers Twenty (20)
and Twenty-one (21) in the said Concession, the said point
being distant one thousand three hundred and ninety-three
(1,393') feet measured northerly from the stake planted at
the north-east corner of Kingston Road and the said side road,
the said point being the north-west angle of Lot Number Ten
(10) on the unregistered plan attached to instrument regis-
tered as Number 15896 for the Town of Pickering (formerly
Township of Pickering);
THENCE EASTERLY in a straight line at right angles to the said
Concession Road, six hundred and sixty (660') feet to a stake;
THENCE SOUTHERLY and parallel with the said Concession Road,
one hundred and thirty-two (1321) feet;
THENCE WESTERLY in a straight line and parallel with the north-
erly limit of the lands herein described six hundred and sixty
(600') feet to a point in the easterly limit of the said Con-
cession Road distant one hundred and thirty-two (132') feet
from the north-west angle of Lot Number Ten (10) aforesaid;
THENCE NORTHERLY along the easterly limit of the said Conces-
sion Road, one hundred and thirty-two (132') to the place of
beginning, contai-ing by admeasurement Two (2) acres, the
said lands being the northerly one hundred and thirty-two
(132') feet from front to rear of Lot Number Ten (10) of an
unregistered plan attached to said instrument registered as
Number 15896 for the Town of Pickering (formerly Township
of Pickering).
SUBJECT to a permanent easement in perpetuity in favour of
Her Majesty the Queen in right of Ontario as Represented by
the Minister of the Environment for the construction of a
sewer/water main or mains over Part 14 on Registered Plan
40R-3530, registered in the Land Registry Office for the
Registry Division of Durham (No. 40).
AND SUBJECT to a temporary easement in favour of Her Majesty
the Queen in right of Ontario as Represented by the Minister
of the Environment for access for the construction of a
sewer/water main or mains over Part 13 on the said Regis-
tered Plan 40R-3530 for accession purposes for a period not
to exceed twelve (12) months from the date of commencement
of construction.
AND
SECONDLY, COMMENCING at a point in the West limit of Lot 20
distant five hundred and fourteen feet six inches (514'6")
measured South seventeen degrees six minutes thirty seconds
East (S.17006'30"E) therein from the north-west angle thereof;
THENC9 SOUTH seventeen degrees six minutes thirty seconds East
(S.17 06'30"E.) a distance of one hundred and forty-five feet
six inches (145'6") to a point in a fence running easterly;
THENCE NORTH seventy-two degrees twenty-three minutes forty
seconds East (N.72023'40"E.) along said fence a distance of
six hundred and fifty-four feet (654'00") to a point in a
fence running northerly;
-2-
THENCE NORTH twenty degrees ten minutes West (N.20010'W.)
along said fence a distance of one hundred and thirty-nine
feet nine inches (13919") to a point distant six hundred
and forty-five feet seven inches (645'7") measured northerly
seventy-two degrees fifty-three minutes thirty seconds East
(N.72 53'30"E.) from the point of commencement thereof;
THENCE SOUTH seventy-two degrees fifty-three minutes thirty
seconds West (S.72053'30"W.) a distance of six hundred and
forty-five feet seven inches (645'7") to the point of com-
mencement.
SUBJECT TO a permanent easement in perpetuity in favour of
Her Majesty the Queen in Right of Ontario as Represented by
the Minister of the Environment for the construction of a
sewer/water main or mains over Part 11 on Registered Plan
Number 40R-3530, registered in the Land Registry Office for
the Registry Division of Durham (No. 40).
AND SUBJECT TO a temporary easement in favour of Her Majesty
the Queen in Right of Ontario as represented by the Minister
of the Environment for access for the construction of a
sewer/water main or mains over Parts 10 and 12 on said Reg-
istered Plan 40R-3530 for accession purposes, for a period
not to exceed 12 months from the date of commencement of
construction.
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