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HomeMy WebLinkAboutBy-law 3451/90 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3~51/90 Being a by-law to authorize the execution of a Condominium ~4greement respecting the development of Part Lot 19, Range 3, B.F.C., Pickering (Draft Plan 18CDM-89022; 718439 Ontario Limited). WHEREAS the proposal to subdivide and register a plan of condominium of Part Lot 19, Range 3, B.F.C., Pickering, has been approved by the Council of The Corporation of the Town of P!ckering and the Regional Municipality of Durham subject to several conditions, one of which.requires the entering into of a satisfactory Condominium Agreement with The CorporaUon of the Town of Picketing; NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Condominium Agreement, in the form attached hereto as Schedule A, respecting the development of that part of Lot 19, Range 3, B.F.C., Pickering, included in Draft Plan 18CDM-89022 (718439 Ontario Limited). BY-LAW read a first, second and third time and finally passed this 17th day of April, 1990. THE CORPORATION OF THE TOWN OF PICKERINq~ BY-LAW NO. 34.51/90 Being a by-law to authorize the execution of a Condominium Agreement respecting the development of Part Lot 19, Range 3, B.F.C., Picketing (Draft Plan 18CDM-89022; 718439 Ontario Limited). WHEREAS the proposal to subdivide and register a plan of condominium of Part Lot 19, Range 3, B.F.C., Pickering, 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: 1. The Mayor and Clerk are hereby authorized to execute a Condominium Agreement, in the form attached hereto as Schedule A, respecting the development of that part of Lot 19, Range 3, B.F.C., Pickering, included in Draft Plan 18CDM-89022 (718439 Ontario Limited). BY-LAW read a first, second and third time and finally passed this 17th day of April, 1990. Wayne-Art.~r~g,/Mffyol' TOWN CF PICKERING APPROVED LEGAL DEP~ SCHEDULE A THIS AGREEMENT made this 17th day of April, 1990. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING herein called the 'Town" OF THE FIRST PART, 718439 ONTARIO LIMITED. herein called the "Owner" OF THE SECOND PART. WHEREAS the _O~v. ner proposes to register a plan of condominium on that part of Lot 19, Range 3, B.F.C., P~ck.eri.'ng, designated as Parts I and 2, Plan 40R-11188, in accordance with Draft Plan of Condormnlum 18CDM-89022; and WHEREAS therefore, as a co.ndition of the Regional Municipality of Durham's approval of that draft plan, the Owner is reqmred to enter into an Agreement wath the Town dealing with and ensuring continued 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: 1. The land and premises affected by this Agre.ement (herein called the "Lands") are those parts of Lot 19, Range 3, B.F.C., Picketing, designated as Parts 1 and 2, Plan 40R-11188. 2. 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.1, shall be undertaken on the Lands except in conformity with this Agreement and with the following plans and drawings (herein collectively called the "Plans"): Plan No. Plan Tifi~ Plan Date Last Revised (a) 8812-A2 Architectural Plan Nov 3/88 March 8/89 o Site, Notes, Details (b) 8812-A3 Architectural Plan Nov. 3/88 March 8/89 - Sitework, Landscaping (c) 8812-A5 Architectural Nov. 3/88 March 10/89 Elevations Section, Notes (d) 8812-A7 Architectural Plans Nov. 3/88 March 10/89 - Sections, Elevations prepared by Mertins Architects; (e) 88092-1 Site Grading and Oct. 3/88 Feb. 28/89 Drainage Plan prepared by E.D. Roberts, P. Eng. 3. 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 timely removal of ~oarbage and refuse from the Lands and of snow from access ramps, driveways, parking and ading 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 under 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 in Canada in the amount of $5,000 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. 5. 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 TOVv]q OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk 718439 ONTARIO LIMITED - 2- ENCUMBRANCER - M1TKO STANKOVSKI This Agreement shall have priority over and take precedence over .all of M/tko Stankovski's rights or interests, whether or not any such right.or inter?st was estabhshed or arose prior to the date hereof and whether or.not such right or ~nterest ~s set out in or arises by virtue of any instrument or docu..ment registered on t~tle to the lands affected hereby, or any part of them, prior to the registratmn of this Agreement. Dated at this day of ,1990. SIGNED, SEALED & DELIVERED In the presence of Mitko Stankovski ENClJMBRANCER - THE TORONTO-DOMINION BANK This Agreement shall have priority over and take precedence over all of The Toronto-Dominion Bank's rights or interests, w~ether or not any such tight'or interest was established or arose prior to the date hereof and wheth.er or not such right or interest is set out in or arises by virtue of any instrument or document registered on title to the lands affected hereby, or any part of them, prior to the registration of this Agreement. Dated at this day of ,1990. SIGNED, SEALED & DELIVERED The Toronto-Dominion Bank -3- FILE NUMBER - B 4100 - 18CDM-89022 That Town Council recommend to Regional Council that Draft Plan of Condominium 18-CDM-89022, submitted by 718439 Ontario Limited on lands being Part of Lot 19, Range 3, B.F.C., Town of Picketing, be APPROVED subject to the following conditions: 1. That this recommendation apply to the plan prepared by Donovan & Fleischmann Co. Ltd. dated June 14, 1989, and bearing the Town's recommendation stamp. 2. That prior to final registration of this plan: ia) The Applicant submit a Draft Durham Condominium Plan, which incorporates the additional information requested by the Town to ensure the subject property, as developed, complies with the approved site plan, for review and approval by the Town's Planning Department. (b) All of the general on-site works including landscaping, fencing, lighting and surface treatment be completed to the satisfaction of the Town's Planning Department. (c) The applicant's professional engineer provide a certificate stating that the parking facilities and internal roads/traffic aisles have been constructed in accordance with the standards and specifications of the approved site plan. {d) The Town's Building and Fire Departments confirm, through a final inspection, that the development complies with the Ontario Building Code and the Ontario Fire Code. (e) 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: ii) 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. Attachment to letter dated January 16, 1990 From: Dr. M. Michael, Commissioner of Planning To: 718439 Ontario Limited Re: Plan of Condominium 18CDM-89022 Town of Pickering CONDITIONS OF APPROVAL OF FINAL PLAN FOR REGISTRATION FOR THIS PLAN OF CONDOMINIUM ARE AS FOLLOWS: 1.~jbhat this approval applies to draft plan of condominium 18CDM-89022, prepared y Donevan & Fl eischmann Co. Ltd., identified as number P89045 and dated une 14, 1989, which is revised in red as per the attached plan showing 23 ~/' ~lindustri al units. 2.]That all of the 9eneral on-site works including landscaping, parking ~ ~facilities, fencing, lighting, and surface treatments be completed to the ~satisfaction of the Town of Pickering. ~3. ~hat prior to f~nal approval of the plan, the Owner shall satisfy all /requirements, financial and otherwise, of the Town of Pickering. This shall ~ !nclude, among other matters, execution of a condominium agreement between the Owner and the Town of Pickerin9, concernin9 matters such as fence maintenance, refuse collection and continued compliance of the subject property with the Town-approved site plan. 4. 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. 5. That the Condominium Authority agree to maintain unobstructed access to existing water meters for servicing by Regional personnel. 6. 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. 7. That prior to final approval, the Commissioner of Planning for the Region of Durham shall be advised in writing by the Town of Picketing, how Conditions 1, 2 and 3 have been satisfied. NOTES TO DRAFT APPROVAL 1. 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. 2. All plans of condominium must be registered in the Land Titles system within the Durham Region. The Town of Pickeringl LEGAL DEPARTMENT 7]8439 Ontario g±m±ted - 18CDM-89022 - Part Lot 19, Range 3, B.F.C. - Condominium Agreement