HomeMy WebLinkAboutBy-law 2997/89 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2997/89
Being a by-law to authorize the execution of a
Condominium Agreement respecting the develop-
ment of Part Lot 20, Concession 1, Pickerlng
(Draft Plan 18CDM-88004; Eastville Holdings
Limited )
WHEREAS the proposal to subdivide and register a plan of subdivision of Part Lot 20,
Concession 1, Picketing, has been approved by the Council of The Corporation of the
Town of Picketing and the Regional Municipality of Durham subject to several con-
ditions, one of which requires the entering into of a satisfactory Condominium Agree-
ment with The Corporation of the Town of Picketing;
NOW THEREFORE, the Council of the Corporation of the Town of Picketing HEREBY
ENACTS AS FOLLOW~:
1. The Mayor and Clerk are hereby authorized to execute a Condominium Agree-
ment, in the form attached hereto as Schedule A, respecting the development of
Part Lot 20, Concession 1, Pickering, included in Draft Plan 18CDM-88004 (Part
1, Plan 40R-10462).
BY-LAW read a first, second and third time and finally passed this 16th day of
January, 1989.
Wayne /~hurd, mayor
~ru~e ~'~aylor/Clerk
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2997
Being a by-law to authorize the execution of a
Condominium Agreement respecting the develop-
ment of Part Lot 20, Concession 1, Pickerlng
(Draft Plan 18CDM-88004; Eastville Ho]dings
Limited )
WHEREAS the proposal to subdivide and register a plan of subdivision of Part Lot 20,
Concession 1, Picketing, has been approved by the Council of The Corporation of the
Town of Pickering and the Regional Municipality of Durham subject to several con-
ditions, one of which requires the entering into of a satisfactory Condominium Agree-
ment with The Corporation of the Town of Pickering~
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 Agree-
merit, in the form attached hereto as Schedule A, respecting the development of
Part Lot 20, Concession 1, Picketing, included in Draft Plan 18CDM-88004 (Part
1, Plan 40R-10462).
BY-LAW read a first, second and third time and finally passed this 16th day of
January, 1989.
Wayne /~thur{, ~ayor -
~ Bru~e"~aylor//Cle
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2997/89
Being a by-law to authorize the execution of a
Condominium Agreement respecting the develop-
ment of Part Lot 20, Concession 1, Pickering
(Draft Plan 18CDM-88004; Eastville Holdings
Limited )
WHEREAS the proposal to subdivide and register a plan of subdivision of Part Lot 20,
Concession l, Pickering, has been approved by the Council of The Corporation of the
Town of Pickering and the Regional Municipality of Durham subject to several con-
ditions, one of which requires the entering into of a satisfactory Condominium Agree-
ment 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 Agree-
ment, in the form attached hereto as Schedule A, respecting the development of
Part Lot 20, Concession 1, Pickering, included in Draft Plan 18CDM-88004 (Part
1, Plan 40R-10462).
BY-LAW read a first, second and third time and finally passed this 16th day of
January, 1989.
Wayne P~hurg, Igl~yor
?
~ ~Bru~SeT aylor.~ Clerk
THIS AGREEMENT made this 16th day of January, 1989.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
herein called the "Town"
OF THE FIRST PART,
- and -
EASTVILLE HOLDINGS LIMITED
herein called the "Owner"
OF THE SECOND PART.
WHEREAS the Owner proposes to register a plan of condominium on that part of Lot
20, Concession 1, Picketing, designated as Part 1, Plan 40R-10462, in accordance
with Draft Plan of Condominium 18CDM-88004; 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 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 Agreement (herein called the "Lands")
are that part of Lot 20, Concession 1, Picketing, designated as Part 1, Plan
40R-10462.
No use shall he 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 Title Plan Date Last Revised
(a) A.1 Site Plan May, 1987 Nov. 4, 1988
(b) A.3 Street or West Front May, 1987 Aug. 6, 1987
Elevation and Floor
Plan
(c) A.4 Various Elevations May, 1987 Aug. 6, 1987(1)
(2 pages) Nov. 8, 1987(2)
(1) date larger page last revised
(2) date smaller page last revised
prepared by Wi]Ham G. Whitney, Architect (Job. No. 8703), and
'(d) L-1 Landscape Planting June 3, 1987 Nov. 17, 1988
prepared by Reed Olsen, Landscape Architechts (Job File 87-168).
3. The Owner shall maintain, in conformity with the Plans, to the Town's satisfac-
tion 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 garbage and refuse from the Lands and
of snow from access ramps, driveways, parking and loading areas, and walk-
ways 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 Condo-
minium) 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 $5,000.00, and in a form satisfac-
tory 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 advis-
able, 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 TOWN OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
EASTVILLE HOLDINGS LIMITED
ENCUMBRANCER
This Agreement shall have priority over and take precedence over all of Hartley
l~obbins, Trustee'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 inter-
est 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 , 1989.
SIGNED, SEALED & DELIVERED
In the presence of
Hartley Robbins, Trustee
/ 6'.
183
RESOLUTION OF COUNCIL
OVED .¥
SECONDED BY
That ~ F)EFER CC--"~a----.+~AL .~
............. ~' Draft Plan of Condominium
18CDM-88004, submitte-~-d-~y p. Salna Company Limited on behalf of the
Concessionowner, Eastvfllel, Town~,l~°ldfngsL'~m~ted,' until on _l,a,nds being. Part of Lot
1. That the applicant submit a Dralt Durham Condominium Plan to be approved by the
Town Planning Department which complies with an approved site plan and the applicable
r~quirements ol Zoning By-law 2511.
2. That all general on-site works including landscaping, lighting and surface treatment be
completed to the satis[action o! the Town's Planning Department.
3. That 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.
#. That the applicant enter into an appropriate condominium agreement with and to the
satisfaction of the Town of Pickering which shall include, but not necessarily be limited
to, requirements respecting:
a) the continued compliance of the subject property with the Town-approved site plan;
b) co-operation with the Town in such areas as refuse collection, snow storage and
driveway entrance maintenance.
,. CARRIED
~AYOR
Attachment to letter dated September 21, 1988
From: Or. H. Hichael., Comissioner of Planning
To: Eastville Holdings Ltd.
Re: Plan of Condominium 18CDM-88004
Town of Picketing
CONDITIONS OF APPROVAL .OF FINAL PLAN FOR REGISTRATION FOR THIS PLAN OF
CONDOMINIUM ARE AS FOLLOWS:
1. That this approval applies to draft plan of condominium . /
18CDM-8800¢, prepared by P. Salna Company Ltd., identified as
number 79-21, revised and dated March 4, 1988, showing.j,~J~/~
industrial units.
2. That prior to final approval of the plan, the owner shall
submit to Ontario Hydro, for review and approval, a detailed
grading and drainage plan showing existing and proposed
grades. Drainage must be controlled and directed away from
Ontario Hydro property.
3. That prior to final approval of the plan, permanent fencing
must be installed, after construction is completed, along
Ontario Hydro-owned land.
4. That the owner shall not utilize Ontario Hydro's property
without Ontario Hydro's express written permission. The owner
shall be responsible for restoration of any damage to the
right-of-way resulting from construction of the subdivision
prior to final approval.
5. 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, the
execution of a condominium agreement between the owner and the
Township of Pickering, concerning such matters as follows:
continued compliance with the Town approved site plan; and
cooperation with the Town in terms of refuse collection, snow
storage and driveway entrance maintenance.
6. That prior to final approval of the plan, the owner shall
satisfy all requirements, financial and otherwise, of the
Region of Durham. This shall include, among other matters,
execution of a servicing agreement between the owner and the
Region of Durham concerning the payment of service charges
and/or development charges in accordance with Regional
policies.
~. That the condomiQium authority agree to maintain unobstructed
access to existing water n~eters for servicing ~eyional
personnel.
8. That any.metering chdnges proposed by the condominium
authority shall be approved by the Region and all costs
involved fn the rearrangement shall De at the condominium
authority's expense.
g. That prior to final approval, the ~o~a~issioner of Planning for
the Region of Uurham, shall be aavised in writing by:
a) the Town of Picketing, how conditions ! and 5 have been
satisfied; and
D) Ontario Hydro, how conditions 2, 3 and 4 have been
satisriea.
NOTES TO DRAFT APPROVAL
~. As owner of the proposed condominium, it (s in your interest
as well as your responsibility to satisfy all conditions of
approval in an expeditious manner.
2. A~l plans of condominium must be registered in she land titles
system within the Durha~n Region.
3. The contact person at Ontario Hydro regarding .this plan of
condominium is:
)4r. ~. Markovic, Ontario Hydro, 7UU University Avenue, "UgB3",
Toronto, Ontario MSG 1X6, 579-3246.