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Home My WebLink AboutPD-26-99 ~ ON, PD-26-99 UtE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Report #: PD-26 -99 File #: 18T-86069 File # D\ ~ ..I'6T.1('i:::CCo,?, Res. # 09A- ID'g':-.OJq By-law # en - 3J.t,. ME;!E!ting: General Purpose and Administration Committee Date: Monday, March 22,1999 Subject: CERTIFICATE OF RELEASE APPLICANT: LORD ELGIN BUILDING CORPORATION SUBDIVISION 40M-1764 FILE NO.: 18T-86069 Recommendations: It is respectfully recommended that the General Purpose and Administration Committ~e recommend to Council the following: 1. THAT Report PO-26-99 be received; 2. THAT pursuant to the provisions of Paragraph 5.26 of the Subdivision Agreement between the Municipality and Lord Elgin Building Corporation, the Municipality has no objection to the issuance of the .Certificate of Release"; 3. THAT the Mayor and Clerk be authorized by by-law to execute, on behalf of the Municipality of Clarington, the .Certificate of Release"; and 4. THAT Lord Elgin Building Corp. be advised of Council's decision. 1. BACKGROUND 1.1 The Municipality entered into a Subdivision Agreement, r~isteredon title May 13, 1994 with Lord Elgin Building Corp. to develop the lands by plan of subdivision described as Plan 40M-1764. 1.2 Paragraph 5.36 within the Agreement, entitled .Requirements for Certificate of Release" states that the Municipality agrees to provide the Owner with a written release from the Agreement, for the said lands, in a form suitable for registration in the R~istry for the Land Titles Office at such time that the following items have been confirmed. 619 REPORT P0-26-99 PAGE 2 a) The Certificate of Acceptance has been issued for all of the Works; b) A registered Ontario land Surveyor, approved by the Municipality, has provided the Municipality with written confirmation that at a date not earlier than the end of the maintenance period described herein, he has found or replaced all standard iron bars as shown on the Plan and survey monuments at all block comers, the end of all curves, other than corner rounding, and all points of change in direction of roads on the Plan; and, c) The Municipal Council has, by resolution, declared that the Owner is not in default of any of the provisions of this Agreement. The Certificate of Release shall operate as a discharge of the land described therein of all obligations of the Owner under this Agreement with the exception of the Owner's responsibility for drainage as provided therein and the Owner's acceptance of the conditions for applying for municipal building permits as provided therein. 1.3 The Subdivision Agreement specifies that the Owner shall reimburse the Municipality for all reasonable legal expenses, including the preparation of any release. 2. STAFF COMMENTS 2.1 The first two requirements, being the issuance of the 'Certificate of Acceptance>> an<;l the Municipality's receipt of an Ontario land Surveyor's confirmation, have been completed as follows: . Council, at their February 22, 1999 meeting, endorsed Staff Report WO-Q7-99 and authorized the issuance of a Certificate of Acceptance. The Certificate of Acceptance was issued by the Public Works Department on February 23, 1999. . The Municipality has received the Ontario land Surveyor's Certificate for the Plan. 620 REPORT PD-26-99 PAGE 3 In addition, the Public Works Department advises that the requirements of the Subdivision Agreement have been completed to the satisfaction of the Director of Public Works. -' 2.2 In consideration of the above, Staff prepared the necessary Certificate of Release, save and except the Owner's responsibility for drainage as provided within the Agreement and the Owner's acceptance of the conditions for applying for municipal building permits. 3. RECOMMENDATIONS 3.1 In consideration of the above, Staff would have no objections to.the issuance of the Certificate of Release for Plan 40M-1764. Respectfully submitted, Reviewed by, d t'~_ W.~ Franklin Wu, M.C.I.P., R.P.P., Chief Administrative Officer Davi J. me, M.C.I.P., R.P.P. Acting Director of Planning & Development lDT*DJC*cc March 9, 1999 Attachment No. 1 Attachment No.2 Attachment No.3 ,- Key Map By-law Release Agreement Interested parties to be notified of Council and Committee's decision: lord Elgin Building Corp. 1210 Shepherd Avenue Suite 305 North York, Ontario M2K 1 E3 621 Cl <( o 0:: ATTACHMENT 11 --- LOT 12 LOT 11 I I \ \~ \ W -l Cl Cl ~ lL Illil'l \ ~1 J~r ~ \~ " gl~ T ~~ .~ ~ ~ l -1 - ---: -' 1-- f-- BOWMANVILLE KEY MAP -rr- --- - - I Ii I-- L_ IlLI__ I--~ ~~ f-- I--- ~ 0<(, ~\~\ \ ~k'(\ ~~~ " / '\ V \ \ t= ~,y ~@r --, ~~ ~~ - - - - = - " .) ~ ~ f-- ,S= 'If-V ~ t=// " ~ -=-- , ;J - - '-; ~~ IP-r- f- ifIU. ~ ./ rlJ= --S , ~ '\ ~ --( /1 VL/ r ' Itau TH ST. A II \ ~~S f&~[ I "',,did , l:::= ~l - I - f- I--- I---N I--- I---Z II-- tEe =-b I-- ~ (j) !-Wen II ~w I BL~ ~ ~ TI If-~e 1---0 I--- I--- - f--- I--- liE LVfr:- - = -' I ~ I I~__ 'I I I 1--1 , /~ {::I/j ~ -s=j E~ I 1 I UJJLLJ W I I I I I I I I I II n I--- I--- I--- ~ I--- I--- I f-- I--- r- I--- ,- I--- IITII ! - == - - 40M-1764 622 ATTACHMENT 112 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 99- being a By-law to authorize the Release of an Agreement with Lord Elgin Building Corp. and the Corporation of the former Town of Newcastle, now the Municipality of Clarington, for the development of Plan of Subdivision 40M-1764. 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 Agreement between Lord Elgin Building Corp. and the said Corporation. 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 day of 1999. BY-LAW read a second time this day of 1999. BY-LAW read a third time and finally passed this day of 1999. MAYOR CLERK 623 RElEASE ATTACHMENT '3 THIS INDENTURE made (in triplicate) this BETWEEN: day of 1999. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON hereinafter called the JJCorporation" OF THE FIRST PART -and- LORD ELGIN BUILDING CORP. hereinafter called the "Owner" OF THE SECOND PART WHEREAS the Owner entered into a Subdivision Agreement with the Corporation registered in the Registry Office for the Land Titles Division of Newcastle (No. 10) on the 13" day of May 1994, as Instrument No. LD 678916 which Subdivision Agreement affects the lands more particularly described in Schedule "A" attached hereto; AND WHEREAS the Owner has satisfied all the terms and conditions contained in the said Subdivision Agreement with respect to the property described in Schedule "A"; AND WHEREAS the Corporation has agreement to release the Owner from the above referred to Subdivision Agreement as same affects the lands described in Schedule "A" attached hereto; NOW THEREFORE in consideration of the sum of TWO ($2.00) dollars now paid by the Owner to the Corporation, the receipt of which is hereby acknowledged the Corporation does hereby release and forever discharge the Owner, their successors and assigns, all of the property described in Schedule "A" attached hereto from the burden of the hereinbefore recited Subdivision Agreement as set out in Instrument No. LT 678916, with the exemption of the Owner's responsibility for drainage as provided therein and the Owner's acceptance of the conditions for applying for building permits as provided therein. IN WITNESS WHEREOF the Corporation has hereunto affixed its corporate seal duly attested to by the signatures of its proper officers duly authorized in that behalf. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON MAYOR CLERK 624 . DESCRIPTION SCHEDULE "A" ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Municipality of Clarington, in the Regional Municipality of Durham and Province of Ontario, and being composed of Parcels Plan 40M-l 764. 625