HomeMy WebLinkAboutBy-law 4938/97 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 4938/97
Being a by-law to authorize the execution of a
Condominium Agreement respecting the development of
Part Lots 2, 3, 4 and 5, Plan 469 and part of Lot 17,
Concession 1, Pickering, (Draft Plan of Condominium
18CDM-95004; Pickdred Investment Limited).
WHEREAS, the proposal to subdivide and register a plan of condominium on those parts of Lots 2, 3, 4
and 5, Plan 469 and part of Lot 17, Concession 1, Picketing, designated as Parts 3, 4 and 5, Plan 40R-
16232, in accordance with Draft Plan of Condominium 18CDM-95004 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 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, substantially
in accordance with the form attached hereto as Schedule A, respecting the development of those
parts of Lots 2, 3, 4, and 5, Plan 469 and part of Lot 17, Concession 1, Picketing, designated as
Parts 3, 4, 5, 6, 7, 8, 9 and 10, Plan 40R-17321, of Draft Plan of Condominium 18CDM-95004
(Pickdred Investment Limited).
BY-LAW read a first, second and third time and finally passed this 3rd day of March 1997.
File: C95004
Schedule A
THIS AGREEMENT made March 3, 1997.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
herein called the "Town"
OF THE FIRST PART,
- and -
PICKDRED INVESTMENT LIMITED
herein called the "Owner"
OF THE SECOND PART.
WHEREAS the Owner proposes to register a plan of condominium on those parts of Lots 2, 3, 4 and 5, Plan 469 and
part of Lot 17, Concession l, Pickering, designated as Parts 3, 4 and 5, Plan 40R-16232, in accordance with Draft
Plan of Condominium 18CDM-95004; 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: parts of Lots 2, 3, 4 and
5, Plan 469 and part of Lot 17, Concession 1, Picketing, designated as Parts 3, 4 and 5, Plan 40R-16232.
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 Plan Date Revision
(a) A 1 Site Plan Jan. 10/96 May 15/96
(b) A3 Elevations & Cross-Section May 12/95 Oct. 3/95
Unit A1 Elevations A and B
(c) A5 Elevations & Cross-Section May 12/95 Oct. 3/95
Unit A2 Elevation A
(d) A7 Elevations & Cross-Section May 12/95 Oct. 3/95
Unit A3 Elevation B
(e) A9 Elevations & Cross-Section May 12/95 Dec. 5/95
Unit A4 Elevation A
(f) A 11 Elevations & Cross-Section May 12/95 Oct. 3/95
Unit B1 Elevations A and B
(g) A 13 Elevations & Cross-Section May 12/95 Oct. 3/95
Unit CI Elevation A
(h) A14B Unit G- Phase lB Jan. 15/96 May 15/96
Plan, Elevations & Sections
(i) A15B Unit K - Phase lB May 13/96 May 15/96
Plan, Elevations & Section
(j) Al7 Unit H- Phase lB Jan. 10/96 May 15/96
Elevations
(k) Al9 Elevations & Cross-Section May 12/95 Oct. 3/95
Unit Fl Elevation A
(1) A20 Block Foundation Plan and Jan. 25/96 May 15/96
Elevations Block 1 Phase lB
(m) A21 Block Foundation Plan and Jan. 25/96 May 15/96
Elevations Block 2 Phase 1B
(n) A22 Block Foundation Plan and May 12/95 Oct. 3/95
Elevations Block 3
(o) A23 Block Foundation Plan and Jan. 25/96 May 15/96
Elevations Block 4 Phase lB
(p) A24 Block Foundation Plan and May 12/95 Oct. 3/95
Elevations Block 5
(q) A25 Block Foundation Plan and Jan. 5/96 May 15/96
Elevations Block 6 Plan 1B
(r) A26 Block Foundation Plan and May 12/95 Oct. 3/95
Elevations Block 7
(s) A27 Block Foundation Plan and May 12/95 Dec. 5/95
Elevations Block 8
prepared by Burka Architects Inc.,
(t) L I Landscape Plan Aug. 23/95 Mar. 22/96
(u) L2 Enlarged Plans Apr. 6/95 Mar. 22/96
(v) L3 Details Mar./96 June 20/96
(w) L4 Tree Preservation Plan July/95 Nov. 23/96
prepared by Strybos Associates Limited,
(x) 1 Site Service Plan Aug./95 May 15/96
(y) 2 Grading Plan Aug./95 May 15/96
prepared by Greenland Engineering Group and Fred Schaeffer and Associates Limited.
3. The Owner shall complete and 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 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. The owner shall implement those portions of the recommendations set out in the report entitled
"Environmental Noise Analysis, Proposed Residential Development - Southview Gardens, Town of
Picketing, Project 95-048" prepared by Valcoustics Canada Ltd. and dated May 10, 1995, relating to the
noise attenuation measures required for the development of this draft plan of condominium, as determined
solely by the Town of Picketing.
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5. The Owner herein shall register on title and insert the following clauses in all Offers of Purchase and Sale or
Lease for:
(a) Units 1 to 51. inclusive
"Purchasers are advised that despite the inclusion of noise control features in this development area
and within the building units, noise levels from increasing road traffic on Kingston Road, Highway
401 and Notion Road, and industrial noise sources located to the east may continue to be of concern,
occasionally interfering with some activities of the dwelling occupants as the outdoor noise exposure
level may exceed the noise guidelines of the municipality and the Ministry of the Environment and
Energy."
(b) Units 1 to 7. inclusive and 15 to 27. inclusive
"Purchasers and Occupants are advised that this dwelling has been fitted with central air
conditioning, in order that indoor noise guidelines of the MOEE may be met with windows closed."
(c) Units 8 to 14. inclusive and 28 to 51. inclusive
"Purchasers and Occupants are advised that this dwelling has been fitted with a ducted heating
system to allow the future addition of air conditioning, by the Occupant."
6. The Owner herein agrees that prior to any on-site grading or construction or final approval of the plan, to
submit and obtain approval from, the Town of Pickering and the Metropolitan Toronto and Region
Conservation Authority for reports describing the following:
(a) the intended means of conveying stormwater flow from the site, including use of stormwater
techniques which are appropriate and in accordance with the provincial guidelines;
(b) the anticipated impact of the development on water quality, as it relates to fish and wildlife habitat
once adequate protective measures have been undertaken; and
(c) the means whereby erosion and sedimentation of their effects will be minimized on the site during
and after construction, in accordance with provincial guidelines. The report must outline all actions
to be taken to prevent an increase in the concentration of soils in any water body as a result of on-
site, or other related works, to comply with the Canada Fisheries Act.
7. For the purpose of guaranteeing,
(a) the provision of the facilities, works or matters shown on the Plans, and
(b) the maintenance of the facilities and works required to be maintained under section 3 above, one
year after the registration of the Plan of Condominium,
the Owner provided to the Town, a security in the form of an irrevocable letter of credit issued by a
chartered bank in Canada in the amount of $118,900, which security shall apply to this agreement and to the
Site Plan Agreement between the Town and Pickdred Investment Limited dated December 11, 1995,
registered as Instrument No. D463576 as amended on June 27, 1996, registered as D474702 and 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.
8. Prior to the registration of this agreement, the Owner shall pay to the Town the sum of $91,250 in cash or by
certified cheque, which sum the Town shall accept in full satisfaction of the Owner's obligation to provide
parkland.
9. The Owner agrees to provide to the Town's Director of Planning, written confirmation of the registration
particulars, along with a copy of the registered condominium plan, immediately following registration of
same.
10. 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 Arthurs, Mayor
Bruce Taylor, Clerk
PICKDRED INVESTMENT LIMITED
We have the authority to bind the corporation.
ENCUMBRANCER - HONG KONG BANK OF CANADA
The Encumbrancer hereby postpones any rights or interests which it has in the Lands with the intent that this
Agreement shall take effect as though executed and registered prior to the creation of any such right or interest and
prior to the execution and registration of any mortgage, agreement or other document creating or defining any such
right or interest;
And the Encumbrancer hereby covenants and agrees with the Town that this Agreement and any conveyance,
easement or other document given pursuant to this Agreement, shall have priority over the rights of the
Encumbrancer in the Lands with the intent that the Encumbrancer or anyone claiming under it shall at no time
exercise in relation to the Lands any right, title or claim which could not be exercised by the Owner by reason of the
terms of this Agreement.
Dated at , Ontario, this day of ,1997.
SIGNED, SEALED AND DELIVERED
HONG KONG BANK OF CANADA
We have authority to bind the Corporation.
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~wn of Pickering Planning Departmen
3PERTY DESCRIPTION PART OF LOTS 3, 4 & 5, PLAN
& PART OF LOT 17, CONCF. SSION 1
~ER PICKDRED INVESTMENT LIMITED i DA'rE APR. 25/95 t 0RAWN aY KP
;3LICATION No. 18CDM-95OO4 I SCALE 1:7500 t CHECKED S¥ IDB
DEPARTMENT USE ONLY PC~? PA-
The Town of Pickering
LEGAL SERVICES DEPARTMENT