HomeMy WebLinkAbout2006-078
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2006-078
being a By-law to authorize entering into an amending agreement with the Owners of
Plan of Subdivision 40M-2225, any Mortgagee who has an interest in the said Lands,
and the Corporation of the Municipality of Clarington in respect of 40M-2225.
WHEREAS, Council on October 20, 2003, approved an amendment to Draft Approved Plan of
Subdivision 18T-87086 located in Part Lot 13, Concession 2, former Town of Bowmanville and
authorized the execution of a subdivision agreement with the Owner;
AND WHEREAS, the Owner(s) of Plan of Subdivision 40M-2225 is now ready to proceed to
finalize the amending subdivision agreement;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. That the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington and seal with the Corporation's seal, an
amending agreement between the Owners of Subdivision 40M-2225.
2. That the Mayor and Clerk are hereby authorized to accept, on behalf of the Municipality,
the said conveyances of lands required pursuant to the aforesaid Agreement.
BY-LAW read a first time this
18th day of
April
2006
BY-LAW read a second time this
18th day of
April
2006
BY-LAW read a third time and finally passed this
18th
day of April
2006
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John Mutton, Mayor
THE FIRST AMENDING SUBDIVISION AGREEMENT made as of this 28th day of
June , 2006
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
(hereinafter called the "Municipality")
OF THE FIRST PART
- and -
2075568 ONTARIO INC.
(hereinafter called the "Owner of Block 99")
OF THE SECOND PART
WHEREAS:
A. The Municipality and Middle Road Developments Inc. ("Middle Road") entered
into an agreement dated July 13, 2004 pursuant to subsection 51 (26) of the
Planning Act, R.S.O. 1990, c.P.13, as amended, ("Subdivision Agreement")
respecting the subdivision and development of the lands within approved draft
Plan of Subdivision 18T-87086 which were owned by Middle Road and are more
particularly described in Schedule "A" hereto ("Lands"). Middle Road is described
in the Subdivision Agreement as the Owner of the Lands. A copy of approved
draft Plan of Subdivision 18T-87086 is contained in Schedule "B" to the
Subdivision Agreement;
B. Notice of the Subdivision Agreement was deposited in the Land Registry Office
for the Land Titles Division of Durham (No. 40) ("Land Registry Office") as
Instrument No. DR310400;
C. Subsequently, all of the lands within approved draft Plan of Subdivision 18T-
87086 were included within a finally approved Plan of Subdivision which was
registered as Plan 40M-2225 in the Land Registry Office;
D. By transfer registered on December 12, 2005 as Instrument No. DR457705,
Middle Road transferred the lands described as Block 99 on Plan 40M-2225
("Block 99") in fee simple to 2075568 Ontario Inc. The latter corporation is the
owner in fee simple of the lands described in Instrument No. DR457705 and no
mortgages or charges have been made on it to the date of this First Amending
Subdivision Agreement;
Page 2
E. 2075568 Ontario Inc. is also the owner in fee simple of the lands described in
Instrument Nos. DR408336 and DR458539 which are within approved draft Plan
of Subdivision 18T-88051, as amended;
F. The Owner of Block 99 agrees to divide it into five (5) Parts and to transfer one
part to each purchaser of Blocks 27 to 31, inclusive shown on approved draft Plan
of Subdivision 18T-88051. These Parts are shown as Parts 1, 2, 3, 4 & 5 on
Reference Plan 40R-24331. A reduced copy of Reference Plan 40R-24331 IS
contained in Schedule "B-1" to this First Amending Subdivision Agreement;
G. Prior to making a transfer of a part referred to in Recital F, the Owner of Block 99
will apply to the Municipality for the passing of By-law 2006-122 to designate
Block 99 as land to which part lot control imposed by subsection 50(5) of the
Planning Act does not apply. The Owner of Block 99 will not make any such
transfer until the By-law 2006-122 comes into force as provided in subsection
50(7.3) of the Planning Act;
H. The parties have agreed to amend the provisions of the Subdivision Agreement
as they apply to the lands shown as Block 99 on approved draft Plan of
Subdivision 18T-87086 as set out below;
I. This First Amending Subdivision Agreement is made pursuant to subsection
50(26) of the Planning Act. Its execution by the Mayor and Municipal Clerk on
behalf of the Municipality is authorized by By-law 2006-078 passed by the
Municipality's Council on April 28, 2006,
NOW THEREFORE WITNESSETH THAT in consideration of the premises and
the covenants hereinafter expressed, and the sum of Two ($2.00) dollars of lawful
money of Canada, now paid by each party to the other (the receipt whereof by each
party is hereby acknowledges), the parties hereto covenant and agree to and with the
other as follows:
1.0 Recitals, Definitions and Schedules
1.0 The Owner of Block 99 warrants to the Municipality that Recitals A to G, inclusive,
are correct.
1.2 The following Schedules are attached to and form part of this First Amending
Subdivision Agreement:
Schedule "A"
Schedule "B-1"
- "Legal Description of the Lands"
- "Copy of Reference Plan Showing Proposed Division
of Block 99
Page 3
1.3 The content of the Recitals and Schedules in this First Amending Subdivision
Agreement are deemed to have the same effect as they would have if they had
been expressed as covenants and conditions in this First Amending Subdivision
Ag reement.
1.4 Except as otherwise provided herein, the terms used in this First Amending
Subdivision Agreement have the same meaning as they have in the Subdivision
Ag reement.
2.0 Application of Subdivision Agreement
2.1 Except as otherwise provided in this First Amending Subdivision Agreement, all of
the provisions of the Subdivision Agreement apply to Block 99. For clarity, the
lands described in Instrument DR457705 shall be deemed to be part of the Lands
for the purposes of the Subdivision Agreement.
2.2 Also, for clarity, except as otherwise provided in this First Amending Subdivision
Agreement, the provisions of the Subdivision Agreement continue to apply to the
Lands and time shall continue to be of its essence.
2.3 Notwithstanding any other provision of the Subdivision Agreement as amended by
this First Amending Subdivision Agreement, the Municipality acknowledges and
agrees that to the extent that any covenant, agreement or liability of the Owner
contained in the Subdivision Agreement, as amended by this First Amending
Agreement, does not relate to services, works, improvements, noise attenuation
fencing and landscaping to be constructed or undertaken within Block 99, the
Owner of Block 99 and the inclusion of particular clauses in offers of purchase
and sale of dwellings located in whole or in part on Block 99, shall have no
obligation or responsibility for the performance, fulfillment or satisfaction of such
covenant, agreement or liability.
3.0 Amendment to Section 4.12 - Special Conditions of Subdivision Agreement
3.1 Paragraph 4.12 of the Subdivision Agreement is hereby amended by adding the
following subparagraphs (15) and (16) as follows:
"(15) That the Owner shall retain a qualified landscape architect to prepare and
submit a Landscaping Plan to the Director of Engineering Services and the
Director of Planning Services for review and approval. The Landscaping
Plan shall include coniferous plantings within Part 7 on Reference Plan
40R-24331 and wiithin the boulevard area adjacent to the easterly part of
Block 27 on approved draft plan of subdivision 18T-88051, as amended.
The noise attenuation fencing is to be designed with enhanced detailing.
Page 4
The Landscaping Plan shall reflect the design criteria of the Municipality as
amended from time to time."
(16) That the Owner acknowledges and agrees to make application to the
Municipality of Clarington to designate Block 99 as land to which part lot
control does not apply.
4.0 Amendment to Schedule "F" of Subdivision Agreement
4.1 Schedule "F" of the Subdivision Agreement is amended by adding to paragraph 1
under the heading "Dedication of Lands" the following:
"Part 6 on Reference Plan 40R-24331
Part 7 on Reference Plan 40R-24331
0.3 Metre Reserve
Landscaping Block"
5.0 Registration of First Amending Agreement
The Owner of Block 99 consents to the registration of a Notice of this First
Amending Subdivision Agreement on the title to Block 99.
6.0 Authority to Make Agreement
The Owner of Block 99 acknowledges and agrees that the Municipality has
authority to enter into this First Amending Agreement, that every provision hereof
is authorized by the law and is fully enforceable by the Parties, and that this First
Amending Agreement is made by the Municipality in reliance on the
acknowledgement and agreement of the Owner of Block 99 as aforesaid.
7.0 Enurement
The First Amending Subdivision Agreement shall enure to the benefit of and be
binding on the Parties hereto, and their respective successors and assigns.
8.0 Time of Essence
Time is of the essence of this First Amending Subdivision Agreement.
Page 5
IN WITNESS WHEREOF the corporate parties hereto have hereunto affixed their
corporate seals by the hands of their proper officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED
In the presence of:
)
)
) THE CORPORATION OF THE
) MUNICIPALITY OF CLARINGTON
! /lJ~
) John Mu~or
)
)
)
)
) Patti . Ba , u" al Clerk
) We have the authority to bind the Corporation.
)
)
) 2075568 ONTARIO INC.
)
)
)
)
)
)
)
)
)
)
)
)
)
~~ )2u~
Philip ~ucchese
TILLl~?O Liv...Q'cI..E5<=.
17~ ~AA L-,~ :-
Anna Wslna .
We have the authority to bind the Corporation.
fk ~t1. H L.f>~II-0 A"
SCHEDULE "A"
THIS IS SCHEDULE "A-1" to the First Amending Subdivision Agreement which
has been authorized and approved by By-law 2006-078 of the Corporation of the
Municipality of Clarington enacted and passed the 18th day of April, 2006.
Legal Description of the Lands
ALL AND SINGULAR that certain parcel or tract of land and premise situated,
lying and being comprised of Lot 13, Concession 2, in the former Town of Newcastle,
now in the Municipality of Clarington, Regional Municipality of Durham, designated at
Part Block 99 in Registered Plan of Subdivision 40M-2225 and entered as Property
Identifier 26615-0216.
SCHEDULE "B-1"
THIS IS SCHEDULE "B-1" to the First Amending Subdivision Agreement which
has been autl10rized and approved by By-law 2006-078 of the Corporation of the
Municipality of Clarington enacted and passed the 18th day of April, 2006.
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