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Home My WebLink AboutPD-41-99 d DN; PD-41-99 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Date: Monday, May 3,1999 File# Prz..\,?\.';?'?'b'14 a"" Res. #(~9A -~~ - 17 Meeti ng: General Purpose and Administration Committee Report #: PD-41 -99 File #: 18T-88094 By-law # Subject: CERTIFICATE OF RELEASE APPLICANT: H. KASSINGER CONSTRUCTION LIMITED HIGHLAND GARDENS, PHASE 3 SUBDIVISION 40M-1780 FILE NO.: 18T-88094 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-41-99 be received; 2. THAT pursuant to the provisions of Paragraph 5.26 of the Subdivision Agreement between the Municipality and H. Kassinger Construction Limited, 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 H. Kassinger Construction Limited be advised of Council's decision. 1. BACKGROUND 1.1 The Municipality entered into a Subdivision Agreement, registered on title June 15, 1994 with H. Kassinger Construction Limited to develop the lands by plan of subdivision described as Plan 40M-1780. 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 Registry for the Land Titles Office at such time that the following items have been confirmed. 615 ~~l<P'" ..." REPORT PD-41-99 PAGE 2 a) The Certificate of Acceptance has been issued for all of the Works; b) A registered Ontario lana 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 corners, 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" and the Municipality's receipt of an Ontario land Surveyor's confirmation, have been , completed as follows: . Council, at their March 29, 1999 meeting, endorsed Staff Report WD-16-99 and authorized the issuance of a Certificate of Acceptance. The Certificate of Acceptance was issued by the Public Works Department on April 14, 1999. . The Municipality has received the Ontario land Surveyor's Certificate for the Plan. 616 0./ REPORT PD-41-99 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-1780. Respectfully submitted, Reviewed by, Crome, M.C.I.P., R.P.P. Director of Planning & Development OY'~(~ Franklin Wu, M.C.I.P., R.P.P., Chief Administrative Officer LDT*DjC*cc Apri I 22, 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: H. Kassinger Construction Limited 500 Mayfair Avenue Oshawa, Ontario L 1 G 2Y2 617 ATTACHMENT '1 EXTENT of 40M-1780 LOT 32 LOT 31 I.~/ - ' ~1~~~~hlillR~1 ~ (f) ~/ r) -E ' ) ~g~~ I _~ .(f3t ~1t"<j1.7 ~ / (}'M ~ ~ g: ,- <:(j ITF ~ ,7 /1 'II J\~~ 4, ~ L/J I i 5:;h" -,- /f\ ~ J I \ ~ rv i: j c- ~/ ' ~ u. DUINIK!I 1$'1'''' ,~....i\fJll~ rdT'\n ry I"") - '---' .,;:,v't'l"'J Y" :3 -a 1-- oZ 5:: ~ . ....kE~~. - z: i'" <( 0 ~ -~ ~, ~ 1~:n.11 ~ (/) ~ ~ 40v (f)(/) . 1 ST. mml~Y ~i i;1 ::1 ~ %: ' I l...~ "\ ~~ ::> T~l:lftJ\ ~.. ~\', i l;::t ~ ; ;;j wm ~ g: 6 ~ '\ / /~~, ~ - () \ ~I('j \ \' y'~ ~ - '1 ~ r- Or V IT y~ : C): -~~Gf 7~ I r I L I- ;. '- /W~Fts. '- _ ~ I 1 \AL~~" ,---' ~ 1,1- ~ /KJbT(f~, /~ ;::;; -- \ ~ J -= ~ Vi _ -_ TIlY - 11) I' ~~' -= = I ~ ~ ~ \LiIJI/\~1 .1\N~~'\R(llAOI~~ (' ( - COURTICE KEY MAP 40M-1780 I 618 ATTACHMENT .2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 99- being a By-law to authorize the Release of an Agreement with H. Kassinger Construction Limited and the Corporation of the former Town of Newcastle, now the Municipality of Clarington, for the development of Plan of Subdivision 40M-1780. 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 H. Kassinger Construction Limited and the said Corporation. f 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 ..... 619 RELEASE THIS INDENTURE made (in triplicate) this BETWEEN: day of 1999. THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON hereinafter called the 'Corporation" OF THE FIRST PART -and- H. KASSINGER CONSTRUCTION LIMITED 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 15TH day of June 1994, as Instrument No. LD 683072 which Subdivision Agreement affects the lands more particularly described in Schedule 'N' 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 'N'; 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" N' attached heretoi . 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. L T 6830726, 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 6io CLERK ATTACHMENT '3 . ~ 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-1780. , 621