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HomeMy WebLinkAboutBy-law 904/78THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 904/78 Being a by-law to authorize the execution of a Site Plan Agreement between the Corporation of the Town of Pickering and Spur Oil Limited with respect to Part Lot 29, Range 3, Broken Front Concession, Pickering (PCA 14/78). WHEREAS, pursuant to the provisions of a Decision dated March 23rd, 1978 of the Pickering Committee of Adjustment, an Agreement is required to be entered into respecting Part Lot 29, Range 3, Broken Front Concession, 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 Spur Oil Limited and the Corporation of the Town of Pickering respecting Part Lot 29, Range 3, Broken Front Concession, Pickering (PCA 14/78). ;i BY-LAW read a first, second and third time and finally passed this 16th day of October , 1978. TOWN OF I PICKLf?iV?. APPROVED AS TO FORM 1?r'' SCHEDULE "A" 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 - SPUR OIL LIMITED hereinafter referred to as the "Assignee" OF THE SECOND PART. WHEREAS section 5.26 of By-Law 3036, as amended by By-Law 190/75, placed all lands referred to in By-Law 3036 under devel- opment 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 the Assignee herein is the assignee of Murphy Oil Company Ltd., the Lessee of the lands affected hereby; AND WHEREAS the Assignee is therefore the owner of the leasehold interest in the lands affected hereby and wishes to develop and redevelop said lands and the buildings thereon; AND WHEREAS, therefore, the Town requires the Assignee to enter into an Agreement with it prior to development or redevel- opment of the lands affected hereby and any buildings construc- ted or to be constructed thereon; NOW THEREFORE this Agreement witnesseth that in consider- ation 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 information 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; -2- (e) area and location of lands to be used for parking; (f) elevations of proposed buildings, indicating 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 exterior signs; (k) locations and types of all exterior lighting fixtures and standards; (1) locations of all loading and unloading facilities; (m) locations and types of all proposed fencing; (n) proposed grading of the lands and provisions for storm and sanitary drainage and water service; (o) locations of all proposed fire routes; and (p) locations and specifications for all proposed 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 the date of approval of plans shall become null plans must be submitted quired in section 2 and prior to any constructi commenced within one (1) year of the plan or plans, the plan or and void and a new site plan or displaying the information re- must be approved by the Town Dn 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 architect or engineer shall be used and employed by the Assignee for the development of the lands herein- after described. 7. The Assignee 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 situate, especially but not necessarily limited to the requirements of By-Law 3036 as amended. 8. The Assignee agrees that all proposals for exterior signs and exterior lighting of all types shall be subject to the approval of the Town, the Regional Municipality of Durham. and the Ministry of Transportation and Communications, an-- upon receipt of such approvals, the said proposals shall be implemented only as approved. - 3 - 9. The Assignee agrees that all proposals for access to and from public lands, including roadways, shall be subject to the approval of the Town, the Regional Municipality of Durham and the Ministry of Transportation and Communica- tions, and, upon receipt of such approvals, the said pro- posals 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 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 or Clerk SPUR OIL LIMITED Per: Per: SCHEDULE "A" ALL AND SINGULAR that certain parcel or tract of land and prem- ises 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 29, Ranae 3, Broken Front Concession, which said parcel is more particularly described as follows: COMMENCING at the south-east angle of said Lot 29 (being the intersection of a side road and Kingston Road) where an iron bar has been planted; THENCE south-westerly along the northerly limit of Kingston Road a distance of 288 feet more or less to a point where an iron bar has been planted on the northerly limit of Kingston Road; THENCE north-westerly and at right angles to the said northerl%- limit of Kingston Road a distance of 364.75 feet to a point where an iron bar has been planted; THENCE south-easterly a distance of 463.83 feet to a point where an iron bar has been planted in the easterly limit of said Lot 29 (being the westerly limit of said side road); THENCE south-westerly along the easterly limit of said Lot 29 (being along the west limit of said side road) a distance of 367.4 feet more or less to the place of beginning, and contain- ing by admeasurement 3.001 acres be the same more or less. ro w rt rt rorH r F'.-j O O O H £ rt Y.'o?:s (D N n xo ro?o N. r. rn r-. L O o LQLO ro xx P. N w (t () n 0 o x q r-? J (D Q D rt tS W w r w o ?-i O ? r•wLQ o a m ro C] Q Q ti [TJ M z H ro C rro 0 H r r H H H h7 d O ro ( w H p O a x ( z H z G1 H x n O O H H O z 0 ro H x ?r H O E 0 H t d I CANADIAN NATIONAL ? 4T_N-?rl i Tom. _ rn i n i 01OIdl0 SHEPPARD 0%1 A ® ©umlbl 60% O 0 a 0 x (n w F- x 3 Ti?' ?I I I 1 / I '- TOWN OF PICKERING Planning Department Properly Descr'Pl. on PT LOT 29, RANGE 3 APPlicatlon No. Applicant PCA 14 / 78 V 8 J OMELON MARCH 7 / 78"-1.-iS_- .7•'"::? Drawn By Checked By - M.A. D .M. O AVENUE RAILWAYS