Ontario Ministry of the Environment and Climate Change - Record of Site Condition # 218292 Record of Site Condition Under Part XV.1 of the Environment Protection Act Summary Record of Site Condition Number 218292 Date Filed to Environmental Site Registry 2015/06/15 Certification Date 2015/03/27 Current Property Use Commercial Intended Property Use Residential Certificate of Property Use Number No CPU Applicable Site Condition Standards** ESA Phase 1 Property Municipal Address 85 ENTERPRISE BOULEVARD, MARKHAM, ON, L6G 0B5, 8133 WARDEN AVENUE, MARKHAM, ON, L6G 1B3, 7980 BIRCHMOUNT ROAD, MARKHAM, ON, L6G 0B5 Notice to Readers Concerning Due Diligence This record of site condition has been filed in the Environmental Site Registry to which the public has access and which contains a notice advising users of the Environmental Site Registry who have dealings with any property to consider conducting their own due diligence with respect to the environmental condition of the property, in addition to reviewing information in the Environmental Site Registry. Contents of this Record of Site Condition This record of site condition consists (RSC) of this document which is available to be printed directly from the Environmental Site Registry as well as all supporting documentation indicated in this RSC to have been submitted in electronic format to the Ministry of the Environment and Climate Change. Filed Record of Site Condition # 218292 on 2015/06/15 1 of 10
PART 1: PROPERTY OWNERSHIP, PROPERTY INFORMATION AND OWNER'S CERTIFICATIONS Information about the owner who is submitting or authorizing the submission of the RSC Owner Name Authorized Person Mailing Address Postal Code RULAND PROPERTIES INC. RUDOLPH BRATTY 100, 7501 KEELE STREET, VAUGHAN ONTARIO, CANADA L4K 1Y2 Phone (905) 761-8200 Fax (905) 761-8201 Email Address tmyles@remingtongroupinc.com Filed Record of Site Condition # 218292 on 2015/06/15 2 of 10
RSC Property Location Information Municipal Address(es) Municipality Legal Description Assessment Roll Number(s) 8133 WARDEN AVENUE, MARKHAM, ON L6G 1B3 7980 BIRCHMOUNT ROAD, MARKHAM, ON L6G 0B5 85 ENTERPRISE BOULEVARD, MARKHAM, ON L6G 0B5 Markham See Attached Lawyer s Letter 193602012695010 193602012701270 Property Identifier Number(s) 02988-0411 (LT) 02988-0521 (LT) RSC Property Geographical References Coordinate System UTM Datum NAD 83 Zone 17 Easting 634,405.30 Northing 4,856,342.40 RSC Property Use Information The following types of property uses are defined by the Regulation:, Commercial use, Community use, Industrial use, Institutional use, Parkland use, and Residential use. Current Property Use Intended Property Use Certificate of Property Use has been issued under section 168.6 of the EPA Commercial Residential No Filed Record of Site Condition # 218292 on 2015/06/15 3 of 10
Please See the Signed Statements of Property Owner, or Agent, or Receiver at the End of this RSC The rest of this page has been left intentionally blank Filed Record of Site Condition # 218292 on 2015/06/15 4 of 10
PART 2: LIST OF REPORTS, SUMMARY OF SITE CONDITIONS AND QUALIFIED PERSON S STATEMENTS AND CERTIFICATIONS Qualified Person's Information Name Type of Licence Under Professional Engineers Act SEBASTIAN NICHOLAS Licence Licence Number 90472804 QP Employer Name Mailing Address AECON MATERIALS ENGINEERING CORP. 2, 10 PERDUE COURT, CALEDON ONTARIO, L7C 3M6 CANADA Phone (905) 840-5914 Fax (905) 840-7859 Email Address sebastiann@amecorp.ca Municipal Information Local or Single-Tier Municipality Upper-Tier Municipality Markham York Ministry of the Environment and Climate Change District Office District Office District Office Address York-Durham District Office 230 Westney Rd. S., 5th floor, Ajax ON L1S 7J5 Filed Record of Site Condition # 218292 on 2015/06/15 5 of 10
Phase One Environmental Site Assessment Report Document used as the phase one environmental site assessment report and updates in submitting the RSC for filing The date the last work on all of the records review, interviews and site reconnaissance components of the phase one environmental site assessment was done (refer to clause 28(1)(a) of O. Reg. 153/04) (YYYY/MM/DD) 2015-03-27 Type of Report Report Title Date of Report (YYYY/MM/DD) Author of Report Name of Consulting Company P1 ESA Phase One Environmental Site Assessment, Southwest Corner of Birchmount Road and Enterprise Boulevard, Markham, Ontario 2015-03-27 Sebastian Nicholas and Gurdev Saini AME - MATERIALS ENGINEERING Reports and Other Documents Related to the Phase One Environmental Site Assessment Reports and other documents relied upon in certifying the information set out in section 10 of Schedule A or otherwise used in conducting the phase one environmental site assessment Report Title Geotechnical Investigation, Proposed Commercial Development. Markham Centre, Southwest corner of Birchmount Road and Enterprise Boulevard, Markham, Ontario Date of Report (YYYY/MM/DD) Author of Report Name of Consulting Company 2012-03-15 Vic Nersesian AME - Materials Engineering Filed Record of Site Condition # 218292 on 2015/06/15 6 of 10
Site Condition Information Certification date (YYYY/MM/DD) 2015/03/27 Total area of RSC property (in hectares) 12.80318 Number of any previously filed RSC that applies to any part of the RSC property Number of any previously filed Transition Notice that applies to any part of the RSC property Soil brought from another property to this RSC property to remain there following the filing of the RSC? No Filed Record of Site Condition # 218292 on 2015/06/15 7 of 10
Qualified Person s Statements and Certifications As the qualified person, I certify that: A phase one environmental site assessment of the RSC property, which includes the evaluation of the information gathered from a records review, site reconnaissance, interviews, a report and any updates required, has been conducted in accordance with the regulation by or under the supervision of a qualified person as required by the regulation. As of 2015/03/27, no phase two environmental site assessment is required by the regulation for the RSC property and based on the phase one environmental site assessment for the RSC property, in my opinion, it is not necessary for any other reason to conduct a phase two environmental site assessment for the RSC property. As of 2015/03/27, in my opinion, based on the phase one environmental site assessment, there is no evidence of any contaminants in the soil, ground water or sediment on, in or under the RSC property that, if the RSC property were put to any of the types of property uses listed in subsection 1 (2) of the regulation, are likely to interfere with any of those types of property uses. I am a qualified person and have the qualifications required by section 5 of the regulation. I have in place an insurance policy that satisfies the requirements of section 7 of the regulation. I acknowledge that the RSC will be submitted for filing in the Environmental Site Registry, that records of site condition that are filed in the Registry are available for examination by the public and that the Registry contains a notice advising users of the Registry who have dealings with any property to consider conducting their own due diligence with respect to the environmental condition of the property, in addition to reviewing information in the Registry. The opinions expressed in this RSC are engineering or scientific opinions made in accordance with generally accepted principles and practices as recognized by members of the environmental engineering or science profession or discipline practising at the same time and in the same or similar location. I do not hold and have not held and my employer AECON MATERIALS ENGINEERING CORP. does not hold and has not held a direct or indirect interest in the RSC property or any property which includes the RSC property and was the subject of a phase one or two environmental site assessment or risk assessment upon which this record of site condition is based To the best of my knowledge, the certifications and statements in this part of the RSC are true as of 2015/03/27. By signing this RSC, I make no express or implied warranties or guarantees. By checking the boxes above, and entering my membership/licence number in this submission, I, SEBASTIAN NICHOLAS, a qualified person as defined in section 5 of O. Reg. 153/04 am, on 2015/06/08: a) signing this record of site condition submission as a qualified person; and b) making all certifications required as a qualified person for this record of site condition. I Agree Filed Record of Site Condition # 218292 on 2015/06/15 8 of 10
Additional Documentation Provided by Property Owner or Agent The following documents have been submitted to the Ministry of the Environment and Climate Change as part of the record of site condition Certificate of Status or equivalent for the owner Lawyer s letter consisting of a legal description of the property Copy of any deed(s), transfer(s) or other document(s) by which the RSC property was acquired A Current plan of Survey Table of Current and Past Uses of the Phase One Property Phase 1 Conceptual Site Model Owner or agent certification statements 6.1.2 Filed Record of Site Condition # 218292 on 2015/06/15 9 of 10
Filed Record of Site Condition # 218292 on 2015/06/15 10 of 10
Request ID: 017699431 Province of Ontario Date Report Produced: 2015/06/05 Demande n : Province de l'ontario Document produit le : Transaction ID: 57819007 Ministry of Government Services Time Report Produced: 08:54:31 Transaction n : Ministère des Services gouvernementaux Imprimé à : Category ID: CT Catégorie : CERTIFICATE OF STATUS ATTESTATION DU STATUT JURIDIQUE This is to certify that according to the records of the Ministry of Government Services D'après les dossiers du Ministère des Services gouvernementaux, nous attestons que la société R U L A N D P R O P E R T I E S I N C. Ontario Corporation Number Numéro matricule de la société (Ontario) 0 0 0 9 2 1 7 0 3 is a corporation incorporated, amalgamated or continued under the laws of the Province of Ontario. The corporation came into existence on est une société constituée, prorogée ou née d'une fusion aux termes des lois de la Province de l'ontario. La société a été fondée le D E C E M B E R 0 3 D É C E M B R E, 1 9 9 0 and has not been dissolved. et n'est pas dissoute. Dated Fait le J U N E 0 5 J U I N, 2 0 1 5 Director Directeur The issuance of this certifcate in electronic form is authorized by the Ministry of Government Services. La délivrance du présent certificat sous forme électronique est autorisée par le Ministère des Services gouvernementaux.
PARCEL REGISTER (ABBREVIATED) FOR PROPERTY IDENTIFIER LAND PAGE 1 OF 4 REGISTRY PREPARED FOR T.S. OFFICE #65 02988 0411 (LT) ON 2015/02/19 AT 14:00:06 * CERTIFIED IN ACCORDANCE WITH THE LAND TITLES ACT * SUBJECT TO RESERVATIONS IN CROWN GRANT * PROPERTY DESCRIPTION: PT W 1/2 LT 8, CON 5, (MKM) PTS 8, 9 & 10 65R26718, MARKHAM. S/T EASE OVER PT 8 65R26718 AS IN YR37396. S/T EASE OVER PT LOT 8 CON 5 PT 6, 65R32673 AS IN YR1609640 PROPERTY REMARKS: S/T SUBSECTION 44(1) OF THE LAND TITLES ACT, EXCEPT PARAGRAPHS 3 & 14 AND PROVINCIAL SUCCESSION DUTIES AND EXCEPT PARAGRAPH 11 AND ESCHEATS OR FORFEITURE TO THE CROWN UP TO THE DATE OF REGISTRATION WITH AN ABSOLUTE TITLE. ON 2004/01/19 AT 14:01 THE ESTATE/QUALIFIER WERE CHANGED TO FEE SIMPLE ABSOLUTE FROM FEE SIMPLE LT CONVERSION QUALIFIED BY DEB WALLEN. ON 2004/01/19 AT 14:08 THE ESTATE/QUALIFIER WERE CHANGED TO FEE SIMPLE LT ABSOLUTE PLUS FROM FEE SIMPLE ABSOLUTE BY DEB WALLEN. ESTATE/QUALIFIER: RECENTLY: PIN CREATION DATE: FEE SIMPLE RE ENTRY FROM 02988 0397 2004/01/19 LT ABSOLUTE PLUS OWNERS NAMES CAPACITY SHARE RULAND PROPERTIES INC. BENO REG. NUM. DATE INSTRUMENT TYPE AMOUNT PARTIES FROM PARTIES TO CERT/ CHKD ** PRINTOUT INCLUDES ALL DOCUMENT TYPES AND DELETED INSTRUMENTS SINCE: 2004/01/19 ** **SUBJECT TO SUBSECTION 44(1) OF THE LAND TITLES ACT, EXCEPT PARAGRAPHS 3 AND 14 AND * ** PROVINCIAL SUCCESSION DUTIES AND EXCEPT PARAGRAPH 11 AND ESCHEATS OR FORFEITURE ** ** TO THE CROWN UP TO THE DATE OF REGISTRATION WITH AN ABSOLUTE TITLE. ** R488826 1988/11/15 NOTICE C REMARKS: AIRPORT ZONING REGULATIONS YR37396 2001/08/20 TRANSFER EASEMENT RULAND PROPERTIES INC. MARKHAM HYDRO DISTRIBUTION INC. C YR38114 2001/08/22 NOTICE AGREEMENT RULAND PROPERTIES INC. THE CORPORATION OF THE TOWN OF MARKHAM C REMARKS: PTS 1, 16 & 17, 65R23852 YR38128 2001/08/22 APL ANNEX REST COV RULAND PROPERTIES INC. C REMARKS: NO EXPIRY DATE AS TO PTS 1, 16 & 17, 65R23852 YR48183 2001/09/13 NOTICE AGREEMENT RULAND PROPERTIES INC. THE CORPORATION OF THE TOWN OF MARKHAM C THE REGIONAL MUNICIPALITY OF YORK REMARKS: SITE PLAN CONTROL AS TO PTS 1, 16 & 17, 65R23852 YR76778 2001/11/23 NOTICE OF LEASE RULAND PROPERTIES INC. MOTOROLA CANADA LIMITED C REMARKS: ALL/PT VARIOUS LANDS AS TO PARTS 1, 16 & 17 65R23852 YR96216 2002/01/16 TRANSFER $2 RULAND PROPERTIES INC. RULAND PROPERTIES INC. C REMARKS: CONSENT COMMITTEE OF ADJUSTMENT TOWN OF MARKHAM YR116908 2002/03/11 NOTICE OF LEASE RULAND PROPERTIES INC. MOTOROLA CANADA LIMITED C NOTE: ADJOINING PROPERTIES SHOULD BE INVESTIGATED TO ASCERTAIN DESCRIPTIVE INCONSISTENCIES, IF ANY, WITH DESCRIPTION REPRESENTED FOR THIS PROPERTY. NOTE: ENSURE THAT YOUR PRINTOUT STATES THE TOTAL NUMBER OF PAGES AND THAT YOU HAVE PICKED THEM ALL UP.
PARCEL REGISTER (ABBREVIATED) FOR PROPERTY IDENTIFIER LAND PAGE 2 OF 4 REGISTRY PREPARED FOR T.S. OFFICE #65 02988 0411 (LT) ON 2015/02/19 AT 14:00:06 * CERTIFIED IN ACCORDANCE WITH THE LAND TITLES ACT * SUBJECT TO RESERVATIONS IN CROWN GRANT * REG. NUM. DATE INSTRUMENT TYPE AMOUNT PARTIES FROM PARTIES TO CERT/ CHKD YR301460 2003/05/15 CHARGE $14,000,000 RULAND PROPERTIES INC. CIBC MORTGAGES INC. C YR301461 2003/05/15 NO ASSGN RENT GEN RULAND PROPERTIES INC. CIBC MORTGAGES INC. C REMARKS: YR301460 YR301462 2003/05/15 NO ASSGN RENT SPEC RULAND PROPERTIES INC. CIBC MORTGAGES INC. C REMARKS: YR76778, YR116908 YR301463 2003/05/15 CHARGE *** DELETED AGAINST THIS PROPERTY *** RULAND PROPERTIES INC. CITIBANK CANADA YR301464 2003/05/15 NO ASSGN RENT GEN *** DELETED AGAINST THIS PROPERTY *** RULAND PROPERTIES INC. CITIBANK CANADA REMARKS: YR301463 YR301465 2003/05/15 NO ASSGN RENT SPEC *** DELETED AGAINST THIS PROPERTY *** RULAND PROPERTIES INC. CITIBANK CANADA REMARKS: YR76778 & YR116908 DELETED 2015/02/09 PER YR2202895 AD YR356923 2003/09/11 NO APL ABSOLUTE RULAND PROPERTIES INC. C YR358504 2003/09/15 NOTICE RULAND PROPERTIES INC. C REMARKS: YR356923 65R26718 2004/01/19 PLAN REFERENCE C YR417305 2004/01/19 APL ABSOLUTE TITLE OWNER RULAND PROPERTIES INC. C YR688421 2005/08/23 NOTICE HER MAJESTY THE QUEEN IN RIGHT OF CANADA AS REPRESENTED BY THE MINISTER OF TRANSPORT REMARKS: PICKERING AIRPORT SITE ZONING REG. (SOR/10000 636) C YR888704 2006/09/28 CHARGE *** COMPLETELY DELETED *** RULAND PROPERTIES INC. CANADIAN IMPERIAL BANK OF COMMERCE YR888724 2006/09/28 NO ASSGN RENT GEN *** COMPLETELY DELETED *** RULAND PROPERTIES INC. CANADIAN IMPERIAL BANK OF COMMERCE REMARKS: YR888704 YR1244184 2008/10/23 CONSTRUCTION LIEN *** COMPLETELY DELETED *** MARANT CONSTRUCTION LIMITED NOTE: ADJOINING PROPERTIES SHOULD BE INVESTIGATED TO ASCERTAIN DESCRIPTIVE INCONSISTENCIES, IF ANY, WITH DESCRIPTION REPRESENTED FOR THIS PROPERTY. NOTE: ENSURE THAT YOUR PRINTOUT STATES THE TOTAL NUMBER OF PAGES AND THAT YOU HAVE PICKED THEM ALL UP.
PARCEL REGISTER (ABBREVIATED) FOR PROPERTY IDENTIFIER LAND PAGE 3 OF 4 REGISTRY PREPARED FOR T.S. OFFICE #65 02988 0411 (LT) ON 2015/02/19 AT 14:00:06 * CERTIFIED IN ACCORDANCE WITH THE LAND TITLES ACT * SUBJECT TO RESERVATIONS IN CROWN GRANT * REG. NUM. DATE INSTRUMENT TYPE AMOUNT PARTIES FROM PARTIES TO CERT/ CHKD YR1263757 2008/12/08 DIS CONSTRUCT LIEN *** COMPLETELY DELETED *** REMARKS: RE: YR1244184 MARANT CONSTRUCTION LIMITED YR1271174 2008/12/23 NOTICE RULAND PROPERTIES INC. CIBC MORTGAGES INC. C REMARKS: YR301460 YR1271175 2008/12/23 NOTICE *** COMPLETELY DELETED *** RULAND PROPERTIES INC. CITIBANK CANADA REMARKS: YR301463 YR1271186 2008/12/23 POSTPONEMENT *** COMPLETELY DELETED *** CANADIAN IMPERIAL BANK OF COMMERCE CIBC MORTGAGES INC. REMARKS: YR888704 TO YR1271174 YR1271187 2008/12/23 POSTPONEMENT *** COMPLETELY DELETED *** CANADIAN IMPERIAL BANK OF COMMERCE CITIBANK CANADA REMARKS: YR888704 TO YR1271175 YR1271338 2008/12/23 TRANSFER OF CHARGE *** COMPLETELY DELETED *** CITIBANK CANADA CITIBANK, N.A. REMARKS: YR301463 YR1271339 2008/12/23 NO ASSGN RENT GEN *** COMPLETELY DELETED *** CITIBANK CANADA CITIBANK, N.A. REMARKS: ASSIGNMENT OF YR301464 DELETED 2015/02/09 PER YR2202895 AD YR1271340 2008/12/23 NOTICE *** COMPLETELY DELETED *** CITIBANK CANADA CITIBANK, N.A. REMARKS: ASSIGNMENT OF YR301465 DELETED 2015/02/09 PER YR2202895 AD YR1271362 2008/12/23 TRANSFER OF CHARGE CIBC MORTGAGES INC. CANADIAN IMPERIAL BANK OF COMMERCE C CIBC MORTGAGES INC. REMARKS: YR301460 YR1271363 2008/12/23 NO ASSGN RENT GEN CIBC MORTGAGES INC. CANADIAN IMPERIAL BANK OF COMMERCE C CIBC MORTGAGES INC. REMARKS: ASSIGNMENT OF YR301461 YR1271364 2008/12/23 NOTICE CIBC MORTGAGES INC. CANADIAN IMPERIAL BANK OF COMMERCE C CIBC MORTGAGES INC. NOTE: ADJOINING PROPERTIES SHOULD BE INVESTIGATED TO ASCERTAIN DESCRIPTIVE INCONSISTENCIES, IF ANY, WITH DESCRIPTION REPRESENTED FOR THIS PROPERTY. NOTE: ENSURE THAT YOUR PRINTOUT STATES THE TOTAL NUMBER OF PAGES AND THAT YOU HAVE PICKED THEM ALL UP.
PARCEL REGISTER (ABBREVIATED) FOR PROPERTY IDENTIFIER LAND PAGE 4 OF 4 REGISTRY PREPARED FOR T.S. OFFICE #65 02988 0411 (LT) ON 2015/02/19 AT 14:00:06 * CERTIFIED IN ACCORDANCE WITH THE LAND TITLES ACT * SUBJECT TO RESERVATIONS IN CROWN GRANT * REG. NUM. DATE INSTRUMENT TYPE AMOUNT PARTIES FROM PARTIES TO CERT/ CHKD REMARKS: ASSIGNMENT OF YR301462 65R32673 2010/10/08 PLAN REFERENCE C YR1609640 2011/02/11 TRANSFER EASEMENT $2 RULAND PROPERTIES INC. THE CORPORATION OF THE TOWN OF MARKHAM C YR1609839 2011/02/11 POSTPONEMENT CIBC MORTGAGES INC. THE CORPORATION OF THE TOWN OF MARKHAM C REMARKS: YR301460 TO YR1609640 YR1609840 2011/02/11 POSTPONEMENT *** COMPLETELY DELETED *** CANADIAN IMPERIAL BANK OF COMMERCE THE CORPORATION OF THE TOWN OF MARKHAM REMARKS: YR888704 TO YR1609640 PT 6, PLAN 65R32673 YR1609841 2011/02/11 POSTPONEMENT *** COMPLETELY DELETED *** CITIBANK CANADA THE CORPORATION OF THE TOWN OF MARKHAM REMARKS: YR301463 TO YR1609640 PT 6, PLAN 65R32673 YR2201328 2014/10/16 DISCH OF CHARGE *** COMPLETELY DELETED *** CANADIAN IMPERIAL BANK OF COMMERCE REMARKS: YR888704. YR2202285 2014/10/17 CHARGE $20,000,000 RULAND PROPERTIES INC. CIBC MORTGAGES INC. C YR2202286 2014/10/17 NO ASSGN RENT GEN RULAND PROPERTIES INC. CIBC MORTGAGES INC. C REMARKS: YR2202285. YR2202895 2014/10/20 DISCH OF CHARGE *** COMPLETELY DELETED *** CITIBANK, N.A. REMARKS: YR301463. NOTE: ADJOINING PROPERTIES SHOULD BE INVESTIGATED TO ASCERTAIN DESCRIPTIVE INCONSISTENCIES, IF ANY, WITH DESCRIPTION REPRESENTED FOR THIS PROPERTY. NOTE: ENSURE THAT YOUR PRINTOUT STATES THE TOTAL NUMBER OF PAGES AND THAT YOU HAVE PICKED THEM ALL UP.
PARCEL REGISTER (ABBREVIATED) FOR PROPERTY IDENTIFIER LAND PAGE 1 OF 2 REGISTRY PREPARED FOR T.S. OFFICE #65 02988 0521 (LT) ON 2015/02/19 AT 14:02:53 * CERTIFIED IN ACCORDANCE WITH THE LAND TITLES ACT * SUBJECT TO RESERVATIONS IN CROWN GRANT * PROPERTY DESCRIPTION: BLOCK 40, PLAN 65M4060, MARKHAM. S/T EASE OVER THAT PART LYING WITHIN THE LIMITS OF PTS 1 & 3 PL 65R29376 AS IN YR1013441. PROPERTY REMARKS: FOR THE PURPOSE OF THE QUALIFIER THE DATE OF REGISTRATION OF ABSOLUTE TITLE IS 2004/01/19. ESTATE/QUALIFIER: RECENTLY: PIN CREATION DATE: FEE SIMPLE SUBDIVISION FROM 02988 0481 2008/06/19 LT ABSOLUTE PLUS OWNERS NAMES CAPACITY SHARE RULAND PROPERTIES INC. BENO REG. NUM. DATE INSTRUMENT TYPE AMOUNT PARTIES FROM PARTIES TO CERT/ CHKD ** PRINTOUT INCLUDES ALL DOCUMENT TYPES AND DELETED INSTRUMENTS SINCE: 2008/06/18 ** **SUBJECT TO SUBSECTION 44(1) OF THE LAND TITLES ACT, EXCEPT PARAGRAPHS 3 AND 14 AND * ** PROVINCIAL SUCCESSION DUTIES AND EXCEPT PARAGRAPH 11 AND ESCHEATS OR FORFEITURE ** ** TO THE CROWN UP TO THE DATE OF REGISTRATION WITH AN ABSOLUTE TITLE. ** R488826 1988/11/15 NOTICE C REMARKS: AIRPORT ZONING REGULATIONS R744031 1999/08/25 CHARGE $250,000,000 NEAMSBY INVESTMENTS INC.(1STLY) THE BANK OF NOVA SCOTIA C RULAND PROPERTIES INC. (2NDLY) YR688421 2005/08/23 NOTICE HER MAJESTY THE QUEEN IN RIGHT OF CANADA AS REPRESENTED BY THE MINISTER OF TRANSPORT REMARKS: PICKERING AIRPORT SITE ZONING REG. (SOR/10000 636) C YR920753 2006/12/05 NOTICE OF LEASE RULAND PROPERTIES INC. HONEYWELL LIMITED/HONEYWELL LIMITEE C REMARKS: AFFECTS PT W 1/2 LOT 8 CON 5(MKM), PT 5, 65R29376 YR921283 2006/12/06 NOTICE HONEYWELL LIMITED/HONEYWELL LIMITEE THE BANK OF NOVA SCOTIA C REMARKS: NON DISTURBANCE AGREEMENT R744031, YR920753 YR1013441 2007/07/06 TRANSFER EASEMENT $2 RULAND PROPERTIES INC. ENBRIDGE GAS DISTRIBUTION INC. C YR1022109 2007/07/23 POSTPONEMENT THE BANK OF NOVA SCOTIA ENBRIDGE GAS DISTRIBUTION INC. C REMARKS: R744031 POSTPONED TO YR1013441 65M4060 2008/06/03 PLAN SUBDIVISION C YR1173307 2008/06/06 NO SUB AGREEMENT THE CORPORATION OF THE TOWN OF MARKHAM RULAND PROPERTIES INC. C YR1173308 2008/06/06 POSTPONEMENT THE BANK OF NOVA SCOTIA THE CORPORATION OF THE TOWN OF MARKHAM C NOTE: ADJOINING PROPERTIES SHOULD BE INVESTIGATED TO ASCERTAIN DESCRIPTIVE INCONSISTENCIES, IF ANY, WITH DESCRIPTION REPRESENTED FOR THIS PROPERTY. NOTE: ENSURE THAT YOUR PRINTOUT STATES THE TOTAL NUMBER OF PAGES AND THAT YOU HAVE PICKED THEM ALL UP.
PARCEL REGISTER (ABBREVIATED) FOR PROPERTY IDENTIFIER LAND PAGE 2 OF 2 REGISTRY PREPARED FOR T.S. OFFICE #65 02988 0521 (LT) ON 2015/02/19 AT 14:02:53 * CERTIFIED IN ACCORDANCE WITH THE LAND TITLES ACT * SUBJECT TO RESERVATIONS IN CROWN GRANT * REG. NUM. DATE INSTRUMENT TYPE AMOUNT PARTIES FROM PARTIES TO CERT/ CHKD REMARKS: R744031 TO YR1173307 YR1173308 DELETED OCT 18 10 BY SUSY MARTINO AS RELATED INSTRUMENT IS DELETED. DELETED 2012/09/20 BY YR1886954 DAVID MCQUARRIE THIS DOCUMENT WAS RE INSTATED ON 2010/10/18 AT 14:22 BY MARTINO, SUSY. YR1173434 2008/06/06 APL ANNEX REST COV RULAND PROPERTIES INC. C REMARKS: NO EXPIRY DATE YR1229082 2008/09/24 APL (GENERAL) *** COMPLETELY DELETED *** THE CORPORATION OF THE TOWN OF MARKHAM REMARKS: DELETE YR431718 YR1229083 2008/09/24 APL (GENERAL) *** COMPLETELY DELETED *** THE CORPORATION OF THE TOWN OF MARKHAM REMARKS: DELETE YR41914 YR1269786 2008/12/19 NOTICE THE CORPORATION OF THE TOWN OF MARKHAM RULAND PROPERTIES INC. C YR1269787 2008/12/19 POSTPONEMENT THE BANK OF NOVA SCOTIA THE CORPORATION OF THE TOWN OF MARKHAM C REMARKS: R744031 TO YR1269786 YR1271465 2008/12/24 CONSTRUCTION LIEN *** COMPLETELY DELETED *** BLACKWOOD MILLER LTD. YR1273785 2009/01/05 DIS CONSTRUCT LIEN *** COMPLETELY DELETED *** REMARKS: RE: YR1271465 BLACKWOOD MILLER LTD. YR1562447 2010/10/18 NOTICE OF LEASE THE TORONTO DOMINION BANK RULAND PROPERTIES INC. C 65R34886 2014/04/02 PLAN REFERENCE C NOTE: ADJOINING PROPERTIES SHOULD BE INVESTIGATED TO ASCERTAIN DESCRIPTIVE INCONSISTENCIES, IF ANY, WITH DESCRIPTION REPRESENTED FOR THIS PROPERTY. NOTE: ENSURE THAT YOUR PRINTOUT STATES THE TOTAL NUMBER OF PAGES AND THAT YOU HAVE PICKED THEM ALL UP.
PHASE ONE AND RSC PROPERTY
Table of Current and Past Uses of the RSC Property Year Name of Owner Description of Property Use Property Use Other Observations from Aerial Photographs, Fire Insurance Plans, etc. Part of West Half of Lot 8, Concession 5, Markham, designated as Parts 8, 9 and 10, Plan 65R-26718; PIN 02988-0411 (LT) - 8133 Warden Avenue Prior to May 29, 1847 May 29, 1847 to March 6, 1869 Mach 6, 1869 to March 7, 1873 March 7, 1873 to March 15, 1902 Crown Alexander Bradburn John Lunau Henry Lunau March 15, 1902 to December 4, 1902 Jacob J. Lunau December 4, 1902 to December 3, 1909 Abigail A. A. Lunau December 3, 1909 to October 26, 1917 John J. Lunau October 26, 1917 to July 17, 1923 William Lunau July 17, 1923 to January 4, 1946 Joseph H. Champion January 4, 1946 to March 10, 1947 John M. Snowball, Hazel J. Snowball March 10, 1947 to April 15, 1952 Robert C. Blong Ruland Properties Inc. Page 1
Table of Current and Past Uses of the RSC Property Year Name of Owner Description of Property Use April 15, 1952 to April 1, 1957 April 1, 1957 to April 28, 1978 April 28, 1978 to August 25, 1999 Bruce O. Beatty John G. Van Hezeuryk, Sophia Hezeuryk Her Majesty The Queen / Minister of Government Services and rural residential and rural residential and rural residential Property Use Other Observations from Aerial Photographs, Fire Insurance Plans, etc. The aerial photographs dated 1961 through 1988 revealed the Site and surrounding lands were agricultural. There was a residential dwelling with a barn on the west central section of the Site. The aerial photographs dated 1961 through 1988 revealed the Site and surrounding lands were agricultural. There was a residential dwelling with a barn on the west central section of the Site. The aerial photographs dated 1961 through 1990 revealed the Site and surrounding lands were agricultural. There was a residential dwelling with a barn on the west central section of the Site. August 25, 1999 to Present Ruland Properties Inc. Commercial (Office Buildings) Commercial Use The aerial photograph dated 2002 through 2013 revealed commercial buildings on the Site. Block 40, Plan 65M4060, Markham; PIN 02988-0521 (LT) 85 Enterprise Boulevard and 7980 Birchmount Road Prior to May 29, 1847 May 29, 1847 to March 6, 1869 Mach 6, 1869 to March 7, 1873 March 7, 1873 to March 15, 1902 Crown Alexander Bradburn John Lunau Henry Lunau March 15, 1902 to December 4, 1902 Jacob J. Lunau December 4, 1902 to December 3, 1909 Abigail A. A. Lunau December 3, 1909 to October 26, 1917 John J. Lunau Ruland Properties Inc. Page 2
Table of Current and Past Uses of the RSC Property Year Name of Owner Description of Property Use Property Use Other Observations from Aerial Photographs, Fire Insurance Plans, etc. October 26, 1917 to July 17, 1923 William A. Lunau July 17, 1923 to January 4, 1946 Joseph H. Champion January 4, 1946 to March 10, 1947 John M. Snowball Hazel J. Snowball land March 10, 1947 to April 15, 1952 Robert C. Blong land April 15, 1952 to April 1, 1957 Bruce O. Beatty land The aerial photographs dated 1961 through 1988 revealed the Site and surrounding lands were agricultural. April 1, 1957 to April 28, 1978 John G. Van Hezeuryk, Sophia Hezeuryk land The aerial photographs dated 1961 through 1988 revealed the Site and surrounding lands were agricultural. April 28, 1978 to August 25, 1999 Her Majesty The Queen / Minister of Government Services land The aerial photographs dated 1961 through 1990 revealed the Site and surrounding lands were agricultural. August 25, 1999 to Present Ruland Properties Inc. Commercial (Office Buildings) Commercial use The aerial photograph dated 2002 through 2012 revealed no buildings on the Site. Ruland Properties Inc. Page 3
Phase One Conceptual Site Model Ruland Properties Inc. Conceptual Site Model With respect to the Phase One ESA Conceptual Site Model (Phase One CSM ), the following key Site features (as required by O. Reg. 153/04) are present in Figures 1 and 2, were applicable: Existing Buildings and Structures; Water bodies and areas of natural significance located in Phase One study Area; Drinking water wells on Phase One Property; Roads (including names) within Phase One Property; Uses of the properties adjacent to Phase One Property; Location of identified potentially contaminating activities ( PCAs ) in the Phase One study Area (including any storage tanks); and, Location of identified areas of potential environmental concern ( APECs ) on the Phase One Property. The following describes the Phase One CSM for the Site based on the information obtained and reviewed as part of the Phase One ESA of the Site. The Phase One Property is an irregular shaped parcel of land with an area of 12.80318 hectares. The Site has two existing multi-storey commercial buildings with the municipal addresses 8133 Warden Avenue and 85 Enterprise Boulevard. The third commercial building with the municipal address 7980 Birchmount Road, is currently under construction; Water bodies located within the Phase One Study included a part of the Rouge River (located approximately 170 m northwest of the Site). There is also a drainage ditch to the east of the Site (approximately 120 m) that channels surface water to a stormwater management pond located outside the Phase One Study Area; The area within the Phase One Property and Phase One Study Area denotes Urban Area and no areas of natural significance were identified (Map 3, Environmentally Significant Areas and Areas of Natural and Scientific Interest, York Region, York Map, December 2012); 30290.102 Page 1
Phase One Conceptual Site Model Ruland Properties Inc. Potable water within the Phase One Property and in the vicinity of the Site is provided by the Regional Municipality of York and is obtained from Lake of Ontario. No potable water wells were identified on the Phase One Property; At the time of Phase One ESA, the Site was partially developed with two multi-storey commercial buildings on west and north central part of the property, which are solely utilized for office use. A parking lot covers the central part of the property. The third multistorey commercial building structure is currently under construction on east side of the Site. The first multi-storey building on the west part of the Site was completed in 2000. The second building in the north central part was completed in 2005. There are no indications that the Site was used for any industrial use or any of the following commercial use: vehicle garage, bulk liquid dispensing facility or dry cleaning facility; At the time of the Phase One ESA, the surrounding properties within the Phase One Study Area consisted of land, highway authority land, residential and commercial land uses. There are no indications that the surrounding properties in the Phase One Study Area were used for any industrial use or any of the following commercial use: vehicle garage, bulk liquid dispensing facility or dry cleaning facility; There are no underground storage tanks on the Site but there are two aboveground oil storage tanks (ASTs) in each of the existing buildings, which are used for the emergency generator. The ASTs are in very good condition with no spills or leaks. Historically, the Site has been used for agricultural purposes. operations appear to have ceased sometime in the mid 1990s, after which the Site remained vacant and for some time. The topsoil was stripped and disposed off-site. Therefore, the use of pesticide is not considered a chemical of concern since the topsoil was removed from the property and due to the passage of time. No other PCAs, APECs, or contaminants of potential concern were identified at the Phase One Property or within the Phase One Study Area; Some recent underground utilities are known to exist at the Phase One Property. No areas of potential environmental concern were identified on the Phase One Property and in the Phase One Study Area. Therefore it is unlikely that underground utilities would affect contaminant distribution and transportation onto or from the Phase One Property; 30290.102 Page 2
Phase One Conceptual Site Model Ruland Properties Inc. Based on the previous geotechnical studies conducted in the Phase One Property and Phase One Study Area, the native subsoil predominantly consists of glacial till strata, from very stiff to hard silty clay to clayey silt till, followed by very dense sandy silt to silty sand till, which contain trace of cobbles and boulders; Fill material was identified on Site during the geotechnical investigation in the east half of the Phase One Property. The fill material (comprising of variable clayey silt to sandy silt with traces of sand and gravel) was reworked native soil sourced from the construction activities within the Phase One Property (cut and fill earthwork operations); Groundwater levels measured in standpipe piezometers installed during the previous geotechnical study were at variable depths, ranging from 5.2 m to 6.9 m below existing grade; The inferred bedrock depth elevation in the Phase One Study Area is expected to be approximately 40 mbgs (Open file map number 196, Bedrock Topography of Markham Area, 1:50,000, Ministry of Northern Development and Mines, 1992). As per Ontario Geological Survey, the bedrock in the Study Area is Georgian Bay Formation which generally consists of shale, limestone, dolostone and siltstone; Local groundwater is anticipated to flow in a southeast to northwest direction towards the Rouge River located to the northeast of the Site, and the regional groundwater is anticipated to flow in a southerly direction towards Lake Ontario (Ontario Base Mapping 2010, Ontario Ministry of Natural Resources); and, The current property use is commercial but the intended property use is residential since Ruland Properties Inc. is planning for mixed use development on the property (retail at grade with commercial and / or residential above it). The location of these mixed use development units is currently unknown by Ruland Properties Inc. and hence cannot be identified on the CSM drawing. There were no material deviations to the Phase One ESA requirements set out in O. Reg. 153/04 that in the opinion of the Qualified Person ( QP ) would cause uncertainty or absence of information that would affect the validity of the findings of this assessment. 30290.102 Page 3
N Approximate Location of Phase One Property Scale 0.0 200m 400m AME MATERIALS ENGINEERING 10 Perdue Court Unit 2 & 3, Caledon, Ontario L7C 3M6 Tel: (905) 840 5914 Fax: (905) 840 7859 PHASE ONE ENVIRONMENTAL SITE ASSESSMENT (7980 Birchmount Road, 85 Enterprise Boulevard & 8133 Warden Avenue) Markham Ontario Project No.: 30290.102 Scale: As Above Date: March 2015 Figure No.: 1
IBM Office Building Commercial Legend: Rouge River Bethel Cemetery ETR Hwy Phase 407 One & RSC Property Phase One Study Area Inferred Groundwater Flow Creek Surface Drainage 0.0 95m 190m 285m 380m SCALE Rouge River Markham District Energy Inc. Office Building ETR Hwy 407 Residential Dwelling Commercial PHASE ONE AND RSC PROPERTY ETR Hwy 407 Parking Lot Residential Dwelling Commercial 250m Parking Lot Residential Dwelling Remington Sales Presentation Centre Commercial Building Currently Under Construction Residential Dwelling Commercial Building Currently Under Construction ETR Hwy 407 ETR Hwy 407 Markham District Energy Inc. Plant Commercial Building Currently Under Construction Vacant Land Stormwater Management Pond N PHASE ONE STUDY AREA Surface Drainage Surface Drainage ETR Hwy 407 Commercial Surface Drainage AME MATERIALS ENGINEERING 10 Perdue Court Unit 2 & 3, Caledon, Ontario L7C 3M6 Tel: (905) 840 5914 Fax: (905) 840 7859 SITE PLAN AND CONCEPTUAL SITE MODEL (7980 Birchmount Road, 85 Enterprise Boulevard & 8133 Warden Avenue) Markham Ontario Project No.: 30290.102 Scale: As Shown Date: March 2015 Figure No.: 2