HomeMy WebLinkAbout2007-087
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2007-087
being a By-law to authorize the Mayor and the Municipal Clerk on
behalf of the Municipality of Clarington to execute partial releases
of and any necessary acknowledgements and directions
respecting certain agreements and a release of the obligations of
Halloway Holdings Limited respecting a portion of Uptown Avenue
as it was planned to be extended westerly from Clarington
Boulevard
WHEREAS at its Special Meeting on April 23, 2007, Council of the Municipality of Clarington
approved Report #PSD-48-07 and the recommendations contained therein;
AND WHEREAS this By-law is passed to implement the provisions of paragraph 8 of the
Principles of Understanding between the Municipality of Clarington and Halloway Holdings
Limited dated March 1, 2006.
NOW THEREFORE the Council of The Corporation of the Municipality of Clarington hereby
enacts as follows:
1. THAT the Municipality of Clarington hereby releases Halloway Holdings Limited from its
obligations to dedicate land to the Municipality for and to construct at its cost the
extension of Uptown Avenue westerly from Clarington Boulevard pursuant to the
Servicing Agreement between the Municipality and Willsonia Industries Limited and
Clarington Place Limited dated May 23, 1994, as amended by the First Amending
Agreement between the Municipality, Clarington Place Limited and Willsonia Industries
Limited dated April 30, 1996, and as further amended by the Second Amending
Agreement between the Municipality, Halloway Holdings Limited dated June 13, 2003.
2. THAT the Mayor and the Municipal Clerk, on behalf of the Municipality of Clarington, are
authorized to execute a further partial release of the Agreements referred to in section 1
if required by Halloway Holdings Limited or Home Depot Holdings Inc.
3. THAT the Mayor and the Municipal Clerk on behalf of the Municipality of Clarington are
hereby authorized to execute partial release of Instrument No. D472409 as amended by
Instrument Nos. D540060 and L T970915, and Instrument No. DR228472 as each may
have been further amended, as they apply to the lands more particularly described in
Schedule 1 attached to and forming part of this By-law.
4. THAT the Mayor and the Municipal Clerk on behalf of the Municipality of Clarington are
also authorized to execute any necessary acknowledgement and direction such that the
partial releases referred to in sections 1 and 3 of this By-law may be registered on title to
the lands referred to in Schedule 1 hereto.
By-Law read a first time this 23,d day of April 2007.
By-Law read a second time this 23,d day of April 2007.
By-Law read a third time and finally passed this 23,d day of April 2007.
Schedule 1
Firstly: Part of Lot 16 Concession 1 in the Regional Municipality of Durham (formerly
Geographic Township of Clarington), designated as Part 1 on Plan 40R-24257, being the whole
of PIN 26613-0106
Secondly: Part of Lot 16 Concession 1 in the Regional Municipality of Durham (formerly
Geographic Township of Clarington), designated as Parts 2, 3 and 4 on Plan 40R-24257, being
Part of PIN 26613-0103
Thirdly: Part of Lot 16 Concession 1 in the Regional Municipality of Durham (formerly
Geographic Township of Clarington), designated as Parts 10 and 11 on Plan 40R-24257, being
Part of PIN 26613-0107
Fourthly: Part of Lot 16 Concession 1 in the Regional Municipality of Durham (formerly
Geographic Township of Clarington), designated as Part 12 on Plan 40R-24257, being Part of
PIN 26613-0035
Fifthly: Part of Lot 16 Concession 1 in the Regional Municipality of Durham (formerly
Geographic Township of Clarington), designated as Parts 15 and 16 on Plan 40R-24257, being
Part of PIN 26613-0034
Sixthly: Part of Lot 16 Concession 1 in the Regional Municipality of Durham (formerly
Geographic Township of Clarington), designated as Parts 19, 20 and 21 on Plan 40R-24257,
being Part of PIN 26613-0033