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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.