HomeMy WebLinkAboutBy-law 4570/95 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO.4570/95
Being a by-law to authorize the execution of a
Condominium Agreement respecting that part of Lot 21,
Concession 1, Picketing, designated as Parts 2, 3, 4, 5, 6,
10 to 34 and 42 to 47, Plan 40R-]6014. (Draft Plan
18CDM-94002).
WHEREAS, the proposal to subdivide and register a plan of condominium of that part of Lot 21,
Concession 1, Picketing, designated as Parts 2, 3, 4, 5, 6, 10 to 34 and 42 to 47, Plan 40R-16014, 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 Town;
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, between Discovery Place Limited and The Corporation of the
Town of Pickering, respecting that part of Lot 21, Concession 1, Picketing, designated as Parts 2,
3, 4, 5, 6, 10 to 34, inclusive and 42 to 47, inclusive, Plan 40R-16014, included in Draft Plan
18CDM-94002.
BY-LAW read a first, second and third time and finally passed this 20th day of February, 1995.
W~'-yyne A]rthur~May;r '
~/ruce Taylor, Clerk
, LEGAL CCi'T- ,
Schedule A
THIS CONDOMINIUM AGREEMENT made January 31, 1995, pursuant to the provisions of section 51(6) of
the Planning Act, R.S.O. 1990, chapter P.13,
BETWEEN:
DISCOVERY PLACE LIMITED
herein called the "Owner"
OF THE FIRST PART
THE CORPOIRATION OF THE TOWN OF PICKERING
herein called the "Town"
OF THE SECOND PART.
WHEREAS the Owner proposes to register a plan of condominium on part of Lot 21, Concession 1, Pickering,
in accordance with Draft Plan of Condominium 18CDM-94002; and
WHEREAS, 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 those parts of Lot 21,
Concession 1, Picketing, designated as Parts 2, 3, 4, 5, 6, 10 to 34 and 42 to 47, Plan 40R-16014.
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 Pl~ Date Revision
(a) Al Site Plan July 27, 1993 Apri[ 11, 1994
(b) A6 U/G Garage Floor Plan April 25, 1993 April 11, 1994
(c) A20 Block 100 Elevations February 17, 1993 April 11, 1994
(d) A21 Block 200 & 300 Elevations February 17, 1993 April 11, 1994
(e) A22 Block 400 Elevations February 17, 1993 April 11, 1994
(f) A23 Block 500 Elevations February 17, 1993 April 11, 1994
(g) A24 Block 600 Elevations February 17, 1993 April 11, 1994
(h) A25 Block 700 & 800 Elevations February 17, 1993 April 11, 1994
prepared by Burka Architects lnc.,
(i) L 1 Layout Plan June 4, 1993 April 11, 1994
(j) L2 Grading Plan June 4, 1993 April 11. 1994
(k) L3 Planting Plan June 4, 1993 April 11, 1994
(1) L4 Lighting Plan June 4, 1993 April 11, 1994
(m) LDI Typical Paving and Planter Layout June 4, 1993 April 11, 1994
for Private Gardens
(n) LD2 Typical Planting Layout June 4, 1993 April 11, 1994
for Private Gardens
(o) LD3 Planting Details & Plan List June 4, 1993 April 11, 1994
(p) LD4 Hard Details June 4, 1993 April 11, 1994
(q) LD5 Wail Details December 22, 1993 April 11, 1994
(r) LD6 Proposed Treatments of Public Areas June 22, 1993 April 1 I, 1994
(s) LD7 Plan Details December 22, 1993 April 1 l, 1994
prepared by NAK Design Group, Landscape Architects.
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 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 provision of the facilities, works or matters shown on the
Plans, or the registration of the Plan of Condominium, whichever occurs last) 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
$225,000.00 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 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 respective corporate seals, attested to
by the hands of their proper authorized officers.
SIGNED, SEALED & DELIVERED
DISCOVERY PLACE LIMITED
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
2
ENCUMBRANCER - WELLINGTON GUARANTEE
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 ,1995.
SIGNED, SEALED AND DELIVERED
WELLINGTON GUARANTEE
We have authority to bind the Corporation.
3
ENCUMBRANCER - THE MUTUAL TRUST COMPANY
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 ,1995.
SIGNED, SEALED AND DELIVERED
THE MUTUAL TRUST COMPANY
We have authority to bind the Corporation.
4
Resolution #116/94
7. DRAFT PLAN OF CONDOMINIUM 18CDM-94002
DISCOVERY PLACE LIMITED
PART OF LOT 21, CONCESSION 1
(NORTH SIDE OF THE ESPLANADE NORTtt BETWEEN
GLENANNA ROAD AND VALLEY FARM ROAD
FILE NUMBER - B 4100 - 18CDM-94002
That Town Council recommend to Regional Council that Draft Plan of
Condominium 18CDM-94002, submitted by Discovery Place Limited, 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 the plan prepared by I. M. Pastushak
Limited, Ontario Land Surveyors, dated February, 1994, as revised in red,
and beating the Town Recommendation stamp.
2. That prior to final registration of this plan:
(a) the owner finalize Land Severance Application LD 191/93, if
necessary to the Town's satisfaction;
(b) the owner submit a revised Draft Durham Condominium Plan to
reflect the property boundaries of approved land severance
application LD 191/93, and that such plan be approved by the
Town Planning Department to ensure consistency between it and
the approved site plan, if necessary to the Town's satisfaction;
(c) the Town be satisfied that the site is in full conformity with the
Site Plan Agreement applicable to the subject property, and that all
of the general on-site works, including landscaping, fencing,
lighting, and surface treatment have been completed to the
satisfaction of the Town's Planning Department; and
(d) the owner 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 requirements:
(i) the continued compliance of the subject property with the
Tom-approved site plan;
(ii) cooperation with the Town in such areas as snow storage,
refuse collection, and driveway entrance maintenance.
Council Minutes
June 21, 1994
CONDITIONS OF DRAFr APPROVAL
1. The Own~ shall have the Final plan prepared ou the basis of approved draft plan
of condominium 18CDM-94002, !ur~pared by I. M. Pnstu,~ak lJmjl~d, identified a~
reference numbcr P93-32, dated February 17, 1994, which iilus/rate~ 180 cusita
(stacked towuhous~) units, ddveway~ and parkiug lots.
2. 'I'ne Owner sh~ll s~t/sfy.atl requirements, Fmanclal and otherw/se, of the Town of
Plckering. ~ shall/nclucla, amonfi other matters, the execution of a
condominium al!r~cmcnt beiw~u the Owner and thc Town of Pid~'ing,
aite plan iu torres of refuse coll~l{on, snow storage and driveway entrance
~m' I~ Rna{. aptx'oval of ~ plan of condominium ~oz t~l~tra6on, th~
Oonunission~ of P}-"-f"g for t2~ Re~4onal Municipality of Durham shall be
adv~ed ~ ~it~g by:
a) Town of p'_,c.__t-,~Lu_' & ~ Coedit/ens 1 and 2 hav~ b~cu sat/stied.
NoTr TO DRArl' AITROV^U
1. Aa the Owaer oF the proposed condominium, it is in you~ iuterest, as ~ as your
responsibility, 'lo satlr~y ~11 of lb~ condiiion~ or draLrl approval in an extxcdiiious
manner. Thc couditious of drafl approval will be mviewed periodically and may be
amcP. dcd al any lime prio~ to ~ua{ approval., Thc Plauuing Aci provides lhai dra.Ct
approval may be withdrawn at any time prior to finlg appi~vul.
2. All plans of condominitun must Ix: re. lC. red in the Laud Titk~ s~stem v, ilhin the
R:gional Munidpa{i~y o£ Durham
-- ~'%tLULLtLLL~E/~/~ IIIllllllllll
- - =~' '~li~lTr/~c/-.~e~./ ~Illllllill __L '-
The To~vn of Picketing Dis~ve~ Place L~t~
- P~ ~t 21, Concession 1, Pickeri~
LEGAL SERVICES DEPARTMENT - co~nim Agremt