HomeMy WebLinkAboutBy-law 804/78THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 804/78
Being a By-Law to authorize the execution
of a Site Plan Agreement between the
Corporation of the Town of Pickering and
377876 Ontario Limited relating to a proposed
restaurant at 1322-34 Bayly Street (Part
Lot 22, Concession 1)
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 377876
Ontario Limited with respect to Part Lot 22,
Concession 1 (1322-34 Bayly Street).
By-Law read a first, second and third time and finally
passed this 1st day of May , 1978.
Clerk
SCHEDULE "A" TO BY-LAW NUMBER 804/78
THIS AGREEMENT made in duplicate this day of
1978.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter referred to as the "Town"
OF THE FIRST PART,
- and -
377876 ONTARIO LIMITED
hereinafter referred to as the "Lessee"
OF THE SECOND PART.
WHEREAS section 5.27 of By-Law 2511, as amended by By-
Law 190/75, placed all lands referred to in By-Law 2511
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 Lessee
to enter into an Agreement with it prior to development or
redevelopment of the lands affected hereby and any buildings
constructed or to be constructed thereon;
AND WHEREAS the Lessee is the owner of the leasehold
interest in the lands affected hereby and wishes to develop
and redevelop said lands and the buildings 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 existing building or buildings shall be altered
and erected on the lands hereinbefore described until
a site plan or plans displaying the following infor-
mation is or are submitted to the Town by the Lessee
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;
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(e) area and location of lands to be used for
parking;
(£) 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 fire routes;
and
(p) locations and specifications for all pro-
posed standpipes.
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 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 rele-
vant authority and be subject to the approval of such
authority.
6. only one architect or engineer shall be used and
employed by the Lessee for the development of the
lands hereinafter described.
I, 7. The Lessee 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 2511 as amended.
it
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8. The Lessee agrees that all proposals for exterior signs
and exterior lighting of all types shall be subject to
the approval of the Town and the Regional Municipality
of Durham, 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 the Regional
Municipality of Durham, 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 successors and assigns.
IN WITNESS WHEREOF the Party of the First Part has hereto
affixed its corporate seal attested by the hands of its duly
authorized officers and the members of the Party of the Second
Part have each hereunto set their hands and seals.
SIGNED, SEALED and DELIVERED
CORIJRATION OF THE TOWN OF PICKERING
377876 ONTARIO LIMITED
Per;
Per:
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 (formerly in the
Township of Pickering, in the County of Ontario) and being
composed of part of Lot 22 in the First Concession of the
said Town which said parcel is more particularly described
as follows:
?I
PREMISING that the bearing of the south limit of the said
Lot 22 is N 73 degrees 41' 00" E and relating all bearings
used herein thereto;
COMMENCING at a point in the said Lot 22 which said point
may be located as follows:
i
BEGINNING at the south east angle of the said Lot 22,
Concession 1;
I
i
THENCE northerly along the east limit of the said Lot to
a point of intersection with a line drawn parallel to the
south limit of the said Lot and distant northerly there-
from 17.0 feet measured at right angles thereto, a distance
of 17.0 feet more or less;
THENCE S 73 degrees 41' 00" W along said line a distance of
844.42 feet to the Point of Commencement;
Ij THENCE from the Point of Commencement and continuing along
said parallel line a distance of 200.0 feet;
THENCE N 16 degrees 14' W a distance of 200.0 feet;
I
THENCE N 73 degrees 41' E a distance of 200.0 feet;
THENCE S 16' 14" E a distance of 200.0 feet to the Point
?I of Commencement.
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