HomeMy WebLinkAboutBy-law 3652/91THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3652/91
Being a by-law to authorize the execution of a
Condominium Agreement respecting the development of
all of Lot 24, Part Lots 21, 23, 27 and 28, Part Block D,
all Block E and Part Simon Street, Plan M-lO40,
Pickering, designated as Parts 1 to 39, both inclusive
and Parts 42 attd 43, Plan 40R-13079 (Diamond Swan
Ventures Corp.)
WHEREAS the proposal to subdivide and register a plan of condominium of all of Lot 24, Part Lots 21,
23, 27 and 28, Part Block D, all Block E and Part Simon Street, Plan M-1040, Pickering, designated as
Pa~ts I to 39, both inclusive and Parts 42 and 43, Plan 40R-13079, has been approved by the Council of
The Corporation of the Town of Pickering and the Regional Municipality of Durham subject to several
conditions, one of which requires the entering into of a satisfactory Condominium Agreement with The
Corporation of the Town of Pickering;
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 a Condominium Agreement, in the form
attached hereto as Schedule A, respecting the development of all of Lot 24, Part Lots 21, 23, 27
and 28, Part Block D, all Block E and Part Sinaon Street. Plan M-1040, Picketing, designated as
Parts 1 to 39, both inclusive and Parts 42 and 43, Plan 40R-13079, included in Draft Plan
18CDM-89009.
BY-LAW read a fin'st, second and third time and finally passed this l 8th day of February. 199 I.
TOWN OF
PICKERING
APPROVED
AS ]'0 FORM
Wayne A~rs, Mayor
Bruce Taylor, Clerk
LEGAL DEPT.
THE CORPORATION OF THE TOWN OF PICKER.ING
Y-~y~[~NO._3652/91
Being a by-law to authorize the execution of a
Condominium Agreement respecting the development of
all of Lot 24, Part Lots 21, 23, 27 and 28, Part Block D,
all Block E attd Part Simon Street, Platt M-lO40,
Picker#tg, designated as Parts 1 to 39, both inclusive
and Parts 42 and 43, Plan 40R-13079 (Diamond Swan
Ventures Corp.)
WHEREAS the proposal to subdivide and register a plan of condominium of all of Lot 24, Part Lots 21,
23, 27 and 28, Part Block D, ali Block E and Part Simon Street, Plan M-1040, Picketing, designated as
Parts 1 to 39, both inclusive and Parts 42 and 43, Plan 40R-13079, has been approved by the Council of
The Corporation of the Town of Picketing and the Regional Municipality of Durham subject to several
conditions, one of which requires the entering into of a satisfactory Condominium Agreement with The
Corporation of the Town of Picketing;
NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS
FOLLOWS:
The Mayor and Clexk are hereby authorized to execute a Condominium Agreement, in the form
attached hereto as Schedule A, respecting the development of all of Lot 24, Part Lots 21, 23, 27
and 28, Part Block D, all Block E and Part Shnon Street, Plan M-1040, Pickering, designated as
Parts 1 to 39, both inclusive and P,,ms 42 and 43, Plan 40R-13079, included in Draft Plan
18CDM-89009.
BY-LAW read a first, second and third time and finally passed this 18th day of February, 1991.
TOWN
PlCKERIN(
APPROVED
AS TO FORM
Wayne A~rs, Mayor
Bruce Taylor, Clerk
I_EGAL DEPT.
THIS AGREEMENT made this 28th day of January, 1991.
BETWEEN:
ll].~,~3)ILP~)J?,f~ON OF_ETM~T_O_WM_ OF PICKERING
herein called the "Town"
OF THE FIRST PART,
DIAMON_ D SWA
herein called the "Owner"
OF THE SECOND PART.
WHEREAS the Owner proposes to register a plan of condominium on Lot 24, Part Lots 21, 23, 27 and
28, Part Block D, Block E an¢l part of Simon Street, Plml M-1040, Pickering, being Parts I to 39, bolh
inclusive and Parts 42 and 43, Plan 40R-13079, in accordance with Draft Plan of Condominium
18CDM-89009; and
WHEREAS therefore, as a condition of the Regional Municipality of Durham's approval of that draft
plan, the Owner is required to enter into an Agreement with the Town dealing with anti ensuring
cominued compliance with certain plans and drawings respecting the project;
NOW THEREFORE THIS AGREEMENT WITNESSETH, that in consideration of the sum of $2.00
now paid by each Party to the other, receipt of which is hereby acknowledged, the Parties hereto agree
as follows:
The lands and premises affected by this Agreement (herein called the "Lands") are all of Lot 24;
Part Lots 21, 23, 27 and 28; Part Block D; all Block E and Part Simon Street, Plau M4040,
Picketing, designated as Parts 1 to 39, both inclusive and Parts 42 and z{3, Plan 40R-13079.
No use shall be made of the Lands, or of any building or structure thereon, and no development,
as defined in section 40 of the Planning Act 1983, S.O. 1983, c.l, shall be undertaken on the
Lands except in conformity with this Agreement and with the following plans and drawings
(herein collectively called the "Plans"):
Last
PJan No._ Plan Title Plan Date Revisi~u
(a) 1 Site Plan Dec./87 Aug. 11/90
(b) 3 Elevations Building A & B Mar./88 May 26/88
(c) 3 Elevations Phase 2 Buildings C & D Aug. 12/88 unrevised
prepared by Allan E. Jessop, Architect,
(d) Planting Plan
(e) Planting Plan Phase 2
(f) Details Phase 2
Mar./88
Aug. 10/88
Aug. 10/88
prepared by Chandler & Gray, Landscape Designers & Contractors.
Aug. 31/90
Aug. 31/90
Aug. 31/90
The Owner shall maintain, in conformity with the Plans, to the Town's satisfaction and at the
sole risk and expense of the Owner, all of the facilities and works that are both shown on the
Plans and serve or are located on the Lands, and shall ensure the thnely removal of garbage and
refuse from the Lands and of snow from access ramps, driveways, parking and loading areas and
walkways on or adjacent to the Lands.
4. For the purpose of guaranteeing,
(a) the provision of the facilities, works or matters shown on the Plans, and
(b)
the maintenance (for one year after the registration of the Plan of Condominium) of the
facilities and works required to be maintained m~der section 3, above,
the Owner shall provide to the Town, prior to the registration of the Plan of Condominium, a
security in the form of an irrevocable letter of credit issued by a chartered bank hi Canada itl the
amount of $45,000 and in a form satisfactory to 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 advisable,
should the Owner fail to provide or maintain the facilities, works or matters, as the case may be,
to the Town's satisfaction.
This Agreement shall enure to the benefit of and be binding upon the Parties hereto and their
respective heirs, administrators, executors, successors and assigns.
IN WITNESS WHEREOF, the Parties herein have hereunto affixed their corporate seals, duly attested
by their respective authorized officers.
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Brace Taylor, Clerk
DIAMOND SWAN VENTURES CORP.
Ronald Stein, President
ENCUMBRANCER - 827723 ONTARIO LIiVIITED
This Agreement shall have priority over and take precedence over all of 827723 Ontario Limited's
rights or interests, whether or not any such right or interest was established or arose prior to the date
hereof and whether or not such right or interest is set out in or arises by virtue of any instrument or
document registered on title to the lm~ds affected hereby, or any part of them, prior to the registration of
this Agreement.
SIGNED, SEALED & DELIVERED
827723 ONTARIO LIMITED
-2-
DRAFT PLAN OF CONDOMINIL$1 18-CDH-89009
SUBMITTED BY DIAMOND SWAN VENTURES CORP.
AND SAPHIRE SWAN VENTURES CORP. AT THE
SOUTHWEST CORNER OF CLEMENTS ROAD
AND SQUIRES BEACH ROAD
FILE NUMBER - B 4100 - 18-CDM-89009
That Town Council recommend to Regional Council that Draft
Plan of Condominium 18-CDM-89009 submitted by Diamond Swan
Ventures Corp. and Sapphire Swan Ventures Corp. on lands
being Part of Lot 17, Range 3, B.F.C., Town of Picketing be
APPROVED subject to the following conditions:
That this recomrnendationn apply to the plan prepared
by J. D. Barnes Limited, dated March 3, 1989, as
revised in red and bearing the Town's recommendation
stamp.
2. That prior to final registration of this plan:
a)
The approved site plans, site plan agreement,
and Draft Plan of Condominium 18-CD)~-89009 be
revised to reflect the decision of the Town's
Committee of Adjustment on April 6, 1989,
regarding reduced parking stall sizes.
That the Draft Plan of Condominium be revised
to identify the 1.5-metre landscape strip along
the south property line shown on the approved
site plans of July 6, 1988 and April 3, 1989;
c)
That the Draft Plan of Condominium be revised
to reflect the west lot boundary determined
through severance application LD 69/89 and that
the site plan, and site plan agreement be
revised accordingly.
d)
That the owners satisfy the Town respecting the
provision of a full 7.5 metre wide vehicular
access to Clements Road with appropriate
easements/rights-of-way to allow access from
westerly abutting lands.
e)
That the applicants submit a Draft Durham Condominium
Plan which incorporates the changes requested by the
Town for review and approval by the Town Planning
Department.
f)
That all of the general on-site works including
landscaping, fencing, lighting and surface
treatments be completed to the satisfaction of
the Town's Planning Department.
g)
That the applicants' professional engineer
provide a certificate stating that the parking
facilities and internal roads have been
constructed in accordance with the standards
and specifications of the approved site plan.
h)
That the Town Building and Fire Departments
confirm, through a final inspection, that the
development complies with the Ontario Building
Code and the Ontario Fire Code.
t)
That the applicant enter into an appropriate
condominium agreement with, and to the
satisfaction of the Town of Picketing which
shall include, but not necessarily be limited
to, requirements respecting:
(i) the continued compliance of the subject
property with the Town approved site plan;
(ii)
cooperation with the Town in such areas as
refuse collection, snow storage, driveway
entrance maintenance and fence
maintenance.
J)
The Town's Treasurer be satisfied respecting
the payment of local improvement charges
applicable to the subject lands.
Attachment to letter dated l~ecember 12,
From:
To:
Re:
1989
Dr. M. Michael, Commissioner of Planning
Diamond Swan Ventures Corp. and Saphire Swan Ventures Corp.
Plan of Condominium 18CDM-89009
Town of Picketing
COIiDITIONS OF APPROVAL OF FII(AL PLAI( FOR REGISTRATIOIi FOR THIS PLAI4 OF
CO)~DOt. II~IU~I ARE AS FOLLO~IS:
That this approval applies to draft plan of condominium 18CDM-89009, prepared
by J. D. Barnes Ltd., identified as number 87-22-278-0 and dated
I.larch 3, 1969, which is revised in red as per attached plan showing 160
industrial units.
That all of the general on-site works including landscaping, parking
facilities, fencing, lighting, and surface treatments be completed to the
satisfaction of the Town of Picketing.
That prior to final approval of the plan, the Owner shall satisfy all
requirements, financial and otherwise, of the Town of Pickering. This shall
include, among other matters, execution of a condominium agreement between
the Owner and the Town of Pickering, concerning matters such as fence
maintenance, refuse collection and continued compliance of the subject
property with the Town-approved site plan.
Prior to the intiation of grading and prior to the registration of this plan
or any phase thereof, that the Owner shall submit for the review and approval
of the )ietropolitan Toronto and Region Conservation Authority:
a)
a detailed engineering and drainage report that describes the stormwater
management techniques which may be required to minimize the amount of
stormwater directed into surrounding drainage systems;
proposed methods for controlling or minimizing erosion and siltation
on-site and/or in downstream areas during and after construction; and
c) overall §rading plans for the subject lands.
The Owner shall also obtain all necessary permits under Ontario Regulation
293/86 for all outlets/facilities.
That the Owner satisfy all statutory requirements, financial and otherwise,
of the Regional Municipality of Durham. In this regard, the Owner will be
responsible for the payment of service charges and/or development charges in
accordance with Regional policies.
That the Condominium Authority agree to maintain unobstructed access to
existing water meters for servicing by Regional personnel.
-2-
That any metering changes proposed by the Condominium Authority be approved
by the Region and all costs involved in the rearrangement shall be borne by
the Condominium Authority.
8. That prior to final approval, the Commissioner of Planning for the Region of
Durham shall be advised in writing by:
the Town of Pick,ring, how Conditions 1, 2 and 3 have been satisfied;
and
b) the I~etropolitan Toronto and Region Conservation Authority. how Condition
4 has been satisfiedo
NOTES TO DRAFT APPROVAL
As Owner of the proposed condominium, it is in your interest as well as your
responsibility to satisfy all conditions of approval in an expeditious
manner,
All plans of condominium must be registered in the Land Titles system within
the Durham Region.