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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.