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HomeMy WebLinkAbout98-104 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98-104 being a By-law to authorize the entering into an Amending Agreement with Elfriede Jost the Owner of Plan of Subdivision 18T-86062 (40M-1882) and any Mortgagee who has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect of 18T-86062 (40M-1882). 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 12th day of November 1996, as Instrument No. LT778654; AND WHEREAS the Owner requested the Corporation to amend the legal description contained on Schedule "A" within the Subdivision Agreement to clarify that the terms and provisions of the agreement pertain to the lands located within the limits of registered plan 40M-1882; AND WHEREAS the Corporation has resolved to approve an amendment to the aforesaid Agreement; NOW THEREFORE, the Council of the Corporation of the Municipality of Clarington hereby 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 Elfriede Jost, the Owners of Plan of Subdivision 18T- 86062 (40M-1882). BY-LAW read a first time this 29th day of June 1998. BY-LAW read a second time this 29th day of June 1998. BY-LAW read a third time and finally passed this 29th day of June 1998. MAYOR DEPUTY CLERK Y AMENDING AGREEMENT THIS INDENTURE made (in triplicate) this day of 1998. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON, hereinafter called the "MUNICIPALITY" OF THE FIRST PART - and - ELFRIEDE JOST, hereinafter called the "OWNER" OF THE SECOND PART WITNESSETH THAT: WHEREAS the Owners entered into a Subdivision Agreement with the Corporation registered in the Registry Office for the Land Titles Division of Newcastle (No. 10) on the 12' day of November 1996, as Instrument No. LT778654. AND WHEREAS the Owner requested the Corporation to amend the legal description contained on Schedule "A" within the Subdivision Agreement to clarify that the terms and provisions of the agreement only pertain to the lands located within the limits of registered plan 40M-1882; AND WHEREAS the Corporation has agreed to amend the Subdivision Agreement registered on title on the 12'h day of November, 1996, as Instrument LT778654 ; 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 in Canada, now paid by each Party to the others (the receipt whereof by each Party is hereby acknowledged), the Parties hereto covenant and agree to and with each other as follows: 1. OWNER OF THE LANDS The Owner represents and warrants to'the Corporation that it is the owner in fee simple absolute of the Lands and that there is no mortgagee or charges against the Lands. 2. AMENDMENT TO SCHEDULE "A" OF THE SUBDIVISION AGREEMENT The LEGAL DESCRIPTION OF LANDS contained within Schedule "A" of the Subdivision Agreement is hereby deleted and replaced with the following new wording: "LEGAL DESCRIPTION OF LANDS ALL AND SINGULAR that certain parcel of land premises situated, lying and being in the Municipality of Clarington, in the Regional Municipality of Durham and being comprised of Part of Lot 9, Concession 6, in the former Township of Darlington, now the Municipality of Clarington, Regional Municipality of Durham of the Geographic Township of Darlington, now designated as Registered Plan 40M- 1882." 3. PROVISIONS OF SUBDIVISION AGREEMENT OTHERWISE CONFIRMED Except as provided in paragraph 2 of this First Amending Agreement all the provisions of the Subdivision Agreement is hereby confirmed and continue in effect. 4. REGISTRATION OF FIRST AMENDING AGREEMENT The Owner and the Mortgagee consent to the registration of a notice of this First Amending Agreement against the title of the Lands. 5. AUTHORITY TO MAKE AGREEMENT The Owner acknowledges and agrees that the Corporation 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 Corporation in reliance on the knowledge and agreement of the Owner as aforesaid. 6. SUCCESSORS The First Amending Agreement shall ensure to the benefit of and be binding on the Parties hereto, and their respective successors and assigns. IN WITNESS WHEREOF the corporate parties hereof have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE MUNICIPALITY } OF CLARINGTON In the presence of. ) MAYOR EPUT�CLERK ELFRIEDE JOST AMENDING AGREEMENT THIS INDENTURE made (in triplicate) this day of 1998. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON, hereinafter called the "MUNICIPALITY" OF THE FIRST PART - and - ELFRIEDE JOST, hereinafter called the "OWNER" OF THE SECOND PART WITNESSETH THAT: WHEREAS the Owners entered into a Subdivision Agreement with the Corporation registered in the Registry Office for the Land Titles Division of Newcastle (No. 10) on the 12' day of November 1996, as Instrument No. LT778654. AND WHEREAS the Owner requested the Corporation to amend the legal description contained on Schedule "A" within the Subdivision Agreement to clarify that the terms and provisions of the agreement only pertain to the lands located within the limits of registered plan 40M-1882; AND WHEREAS the Corporation has agreed to amend the Subdivision Agreement registered on title on the 12`h day of November, 1996, as Instrument LT778654 ; 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 in Canada, now paid by each Party to the others (the receipt whereof by each Party is hereby acknowledged), the Parties hereto covenant and agree to and with each other as follows: 1. OWNER OF THE LANDS The Owner represents and warrants to the Corporation that it is the owner in fee simple absolute of the Lands and that there is no mortgagee or charges against the Lands. 2. AMENDMENT TO SCHEDULE "A" OF THE SUBDIVISION AGREEMENT The LEGAL DESCRIPTION OF LANDS contained within Schedule "A" of the Subdivision Agreement is hereby deleted and replaced with the following new wording: "LEGAL DESCRIPTION OF LANDS ALL AND SINGULAR that certain parcel of land premises situated, lying and being in the Municipality of Clarington, in the Regional Municipality of Durham and being comprised of Part of Lot 9, Concession 6, in the former Township of Darlington, now the Municipality of Clarington, Regional Municipality of Durham of the Geographic Township of Darlington, now designated as Registered Plan 40M- 1882." 3. PROVISIONS OF SUBDIVISION AGREEMENT OTHERWISE CONFIRMED Except as provided in paragraph 2 of this First Amending Agreement all the provisions of the Subdivision Agreement is hereby confirmed and continue in effect. 4. REGISTRATION OF FIRST AMENDING AGREEMENT The Owner and the Mortgagee consent to the registration of a notice of this First Amending Agreement against the title of the Lands. 5. AUTHORITY TO MAKE AGREEMENT The Owner acknowledges and agrees that the Corporation 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 Corporation in reliance on the knowledge and agreement of the Owner as aforesaid. 6. SUCCESSORS The First Amending Agreement shall ensure to the benefit of and be binding on the Parties hereto, and their respective successors and assigns. IN WITNESS WHEREOF the corporate parties hereof have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON In the presence of: ) &gee MAYOR n TY CLERK ELFRIEDE JOST