HomeMy WebLinkAboutBy-law 4491/94 THE CORPOp, ATION OF THE TOWN OF PICKERING
BY-LAW NO, 4491/94
Being a by-law to authorize the execution of a
Condominium Agreement respecting the development of
those parts of Lot 21, Concession 1, Pickering,
designated as Part 1, 40R-14596 and Parts 1-13, 40R-
15112.
WHEREAS the proposal to subdivide and register a plan of condominium of those parts of Lot 21,
Concession 1, Picketing, designated as Part 1, 40R-14596 and Parts 1-13, 40R-15112, 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 Picketing;
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 those parts of Lot 21, Concession
1, Picketing, designated as Part 1, Plan 40R-14596 and Parts 1-13, Plan 40R-15112, included in
Draft Plan 18CDM-92009 (833752 Ontario Inc. carrying on business as Pickering Medical
Developments).
BY-LAW read a first, second and third time and finally passed this 19th day of September, 1994.
W~yne A~rthu~, Mayor '
: TOWN OF
PICKERING
APPROVED
LEGAL D~PI*.
THIS AGREEMENT made July 29, 1994.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
herein called the "Town"
OF THE FIRST PART,
- and -
833752 ONTARIO INC., carrying on business as
PICKERING MEDICAL DEVELOPMENTS
herein called the "Owner"
OF THE SECOND PART.
WHEREAS the Owner proposes to register a plan of condominium on those parts of Lot 21, Concession 1,
designated as Part 1, Plan 40R-14596 and Parts I to 13, Plan 40R-15112, Pickering, in accordance with Draft
Plan of Condominium 18CDM-92009; 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 and ensuring continued compliance
with certain plans and drawings respecting the project;
NOW THEREFORE THIS AGREEMENT WlTNESSETH, that in consideration of the sum of $2.00 now paid
by each ParD' to the other, receipt of which is hereby acknowledged, the Parties hereto agree as follows:
1. The land and premises affected by this Agreement (herein called the "Lands") are:
Firstly: that part of Lot 21, Concession 1, Picketing, designated as Part 1, Plan 40R-14596, also
designated as Part 12 on Plan 40R- 15112; and
~e,~: those parts of LOt 21, Concession 1, Picketing, designated as Parts 1,2, 3, 4, 5, 6, 7, 8, 9, 10,
I 1 and 13, Plan 40R-15112.
2. No use shall be made of the Lands, or of any building or structure thereon, and no development, as
defined in section 41 of the Planning Act R.S.O. 1990, chapter P.13, 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 Last
No. plan Title PI~ Date Revision
(a) ITS of 4 Site Plan May 1992 Oct. 23/92
(b) 4TS of 4 Elevations June 1992 Oct. 23/92
(c) IFS of 4 Site Plan May 1992 Oct. 23/92
(d) 4FS of 4 Elevations June 1992 Oct. 23/92
(e) SK-I Wire Mesh Panel Details Oct. 12/92 Not Revised
(f) SK-2 Screening Details for Oct. 12/92 Oct. 23/92
Roof Top Units
(g) SK-3 Screen Wall Elevation Oct. 12/92 Not Revised
prepared by Franklyn Glazier Architect,
(h) L- I Landscape Plan July 1992 Oct. 22/92
(i) L-2 Landscape Details July 1992 Oct. 16/92
Plan Last
No. plan Title PI~ Date Revision
(j) L-3 Landscape Details Oct. 13/92 Oct. 16/92
prepared by Alexander Budrevics Associated Limited,
(k) SME-I of 3 Site Plan Feb. 1992 Oct. 26/92
(1) MSP. 101 Details Oct.7/92 Oct. 19/92
(m) MSP. 102 Details Oct. 7/92 Oct. 19/92
prepared by Sigma One Design Ltd.
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 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 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 lener of credit issued by a chartered bank in Canada in the amount of
$10,000.00 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 mauers, 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 respective corporate seals, attested to
by the hands of their proper authorized officers.
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Wayne_Arth~s~May~ '
(
~ C.M. Timothy Sheffield
Temporary Ac%ing Clerk
833752 ONTARIO INC., carrying on business as
PICKERING MEDICAL DEVELOPMENTS
We have authority to bind the Corporation.
2
2. DRAFr PLAN OF CONDOMINIUM 18CDM-92009
833752 ONTARIO INC. (PICKERING MEDICAL
DEVELOPMENTS)
PART OF LOT 21, CONCESSION 1
FILE NUMBER - B 4100 - 18CDM-92009
That Town Council recommend to Regional Council that Draft
Plan of Condominium 18CDM-92009, submitted by 833752
Ontario Inc., on lands being Part of Lot 21, Concession 1, Town of
Picketing, be APPROVED, subject to the following conditions:
1. That this recommendation apply to ~he plan prepared by R.
Avis Surveying Inc., dated September 24, 1992, and bearing
the Town's recommendation stamp.
2. That prior to final registration of this plan:
(a) the applicant submit a Draft Durham Condominium
Plan to be approved by the Town Planning Department
to ensure consistency between it and the approved site
plan;
(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;
and
(c) the applicant enter into an appropriate condominium
agreement with and to the satisfaction of the Town
which shall include, but not necessarily be limited to
the following requixements:
(i) the continued compliance of the subject
property with the Town-approved site plan;
(ii) co-operation wi~h the Town in such areas as
snow siorage and driveway entrance
maintenance; and
(iii) appropriate notification regarding the
potential expansion of the building, and how
any addition will be accommodated by the
agreement.
COUNCIL
April 19, 1993
Attachment to letter dated September 23, 1993
From: Dr. M. Michael, M.C.I.P.
Commissioner of Planning
To: 833752 Ontario Limited
Re: Plan of Condominium 18CDM-92009
Town of Picketing
CONDITIONS OF DRAFT APPROVAL
. That this approval applies to draft plan of condominium 18CDM-92009, prepared by
R. Avis Surveying Inc., identified as job number 727-0, dated September 24, 1992, revised
'- J in red, which illustrates a two-storey, 34 unit office building.
2. That the Owner shall convey the 0.3 metre reserve shown as Block 1 on the draft plan, to
the Ministry of Transportation.
That the Owner shall submit to the Ministry of Transportation, a preliminary stormwater
management plan indicating the intended treatment of the calculated runoff.
That the Owner shall satisfy all requirements, financial and otherwise, of the Town of
Picketing. This shall include, among other matters, the execution of a condominium
· --.~ agreement between the Owner and the Town of Picketing, concerning such matters as
follows: compliance with the municipality's approved site plan; all of the general on-site
works, including landscaping, fencing, lighting and surface treatment; snow storage,
driveway entrance maintenance, and appropriate notification regarding the potential
expansion of the building.
5. That the Owner shall satisfy all requirements, financial and otherwise, of the Regional
Municipality of Durham. This shall include, among other matters, the execution of a
subdivision agreement between the Owner and the Region concerning the provision and
installation of sanitary sewers, water supply, roads and other regional services, including:
a) the payment of those service charges and/or development charges in accordance
with Regional policies;
b) maintaining unobstructed access to existing water meters for servicing by Regional
personnel; and
c) ensuring that any metering changes proposed by the Owner and/or condominium
authority shall be approved by the Region and all costs involved in the
rearrangement shall be at the Owner's and/or Condominium Authority's expense.
Page 2
6. That prior to final approval of this plan of condominium for registration, the
Commissioner of Planning for the Regional Municipality of Durham shall be advised in
writing by:
a) the Town of Picketing, how Conditions ! and 4 have been satisfied; and
b) the Mini.~try of Transportation, how Conditions 2 and 3 have been satisfied.
No'rF_~ TO DRAFT APPROVAL
1. As the Owner of the proposed condominium, it is in your interest, as well as your
responsibility, to satisfy all of the conditions of draft approval in an expeditious manner.
2. All plans of condominium must be registered in the Land Titles system within the
Regional Municipality of Durham.
0
SUBJECT
PROPERTY
~0 ~
Town of Pickering Planning Department
PROPERTY DESCRIPTION PART OF LOT 21, CONCESSION 1
OWNER 853752 ONTARIO INC. 0ATE FEB. 1/93 OR,~WN BY KP w j\
APPLICATION NO. 18CDM-92009 SCALE 1:7500 CHECKED BY ~-~)B
FOR DEPARTMENT USE ONLY PC-7 PA-
833752 Ontario Inc. c.o.b. Pickering M~dical
The Town of Picketing Eevelo~m~nts
LEGAL SERVICES DEPARTMENT 18c~-92009