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Home My WebLink About98-153 MUNICIPALITY OF _ arington ONTARIO October 30, 1998 Morrison Brown Sosnovitch Barristers and Solicitors One Toronto Street Suite 910 P.O. Box 28 Toronto, Ontario M5C 2V6 Attention: Mr. Nick Macos Dear Sir: RE: REQUEST FOR REMOVAL OF PART LOT CONTROL, WIL-SWAR ENTERPRISES LTD., FORMER HYDRO EASEMENT, PART OF BLOCK F REGISTERED PLAN NO. 702, PART LOT 13, CONCESSION 1, FORMER TOWN OF BOWMANVILLE, NOW PARTS 1 TO 28, INCLUSIVE ON PLAN 40R-18065, OUF FILE: D14.DEV.98.026 Per our conversation of October 30, 1998, please find enclosed a certified copy of By-law 98-153 and three (3) agreements signed by the Mayor and the Clerk. Should you have any questions, please contact the undersigned. Yours truly, ✓7_� _ i Heather Jones, A.M.C.T.(A) Clerk II attachments CORPORATION OF THE MUNICIPALITY OF CLARINGTON SC -EMPERANCE STREET • BOWMANVILLE -ONTARIO• LIC 3A6 • (965) 623-3379 • FAX 623-4169 REcicteo 1—fi. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98-153 being a By-law to authorize the entering into of an Agreement with Bonnie Stockman and Robin William Thomson, Trustees and the Corporation of the Municipalilty of Clarington with respect to a request for Part Lot Control Exemption over Part of Block F, Registered Plan No. 702. WHEREAS the owner has acquired the Lands, in trust, for and intends to convey the Lands to Owners (the Abutting Owners) of abutting lots on Registered Plan No. 702. AND WHEREAS the Municipality requries that the Owner enter into this agreement as a condition of enacting the Part Lot Control Exemption By-law. 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 be hereby authorized to execute on behalf of the Corporation of the Muncipality of Clarington and seal with the Corporation's seal an Agreement between Bonnie Stockman and Robin William Thomson, Trustees attached hereto as Schedule "A" and forming part of this By-law. BY-LAW read a first time this 13th day of October 1998• BY-LAW read a second time this 13th day of October 1998. BY-LAW read a third time and finally passed this 13th day of October 1998. MAYO CLERK FROM . .. DEPARTMENT DATE SCE 1 SUBJECT D r MESSAGE ......... ___.. ......... ......... ____. ........ ......... ......... ......... ....... ........ .._..... ____. ......... ......... ......... ..___. __.... ____..... ......... ......... ......... ...___ ____. ___... .....__ ......... ____. ......... ......... ......... ____. _....... ......... _....... ____. __.... _........... ......... ......... ............... ....... ......... ........ ___... ..._.. ..._.._ ____. _.___ ......... ......... ..___. ......... ......... ____. _....... __....._ . ____. ......... ____. ___.. ......... ............. .__... ....... ......... ..._._. ____. _.___ ......... ......... __..... ____. ......... ....__. .............. USE LOWER PORTION FOR REPLY _REPLY FROM DATE • J THIS AGREEMENT made as of this day of , 1998. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter called the"Municipality") OF THE FIRST PART -and- BONNIE STOCKMAN AND ROBIN WILLIAM THOMSON,TRUSTEES (hereinafter collectively called the"Owner") OF THE SECOND PART WHEREAS: A. The Owner is the registered owner of the lands described as Part of Block F,Registered Plan No. 702,Municipality of Clarington,Regional Municipality of Durham designated as Parts 1 to 28, inclusive on Plan 40R-18065 (the"Lands"); B. The Owner has acquired the Lands, in trust, for and intends to convey the Lands to owners (the"Abutting Owners")of abutting lots on Registered Plan No. 702; C. In order to convey portions of the Lands designated as individual parts on Plan 40R-18065 to each of the Abutting Owners in compliance with the provisions of the Planning Act,R.S.O. 1990, c.P.13, the Owner has applied to the Municipality for the enactment of a by-law designating the Lands(the"Part Lot Control Exemption By-law")pursuant to Subsection 50 (7) of the Planning Act; D. The Municipality requires that the Owner enter into this agreement as a condition of enacting the Part Lot Control Exemption By-law; and E. This agreement is authorized by By-law enacted by the Council of the Municipality on the day of , 1998. 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 others (the receipt whereof by each Party is hereby acknowledged), the Parties hereto covenant and agree to and with each other as follows: 1. The Owner represents and warrants to the Municipality that each of Recitals A, B and C of this Agreement is correct. 2. On the execution of this Agreement,the Owner shall provide the Municipality with a letter signed by an Ontario Solicitor and addressed to the Municipality certifying as to the title of the Lands and setting out the names of all persons having interests in the Lands and the nature of their interests. 3. On the execution of this Agreement,the Owner shall deliver to the Municipality an executed transfer, sufficient to vest in the Municipality title in fee simple absolute free and clear of all encumbrances and restrictions, of a portion of the Lands designated as Part 1 on Plan 40R-18065 and shall pay to the Municipality in cash or by certified cheque an amount of money which is equal to any tax,fee, or cost payable at the time of or in respect of the registration of such transfer against -2- the title to the lands to which they apply. The transfer referred to in this paragraph 3 shall contain provisions to the satisfaction of the Municipality's Solicitor, shall be made for a nominal consideration, and shall be in a registerable form. 4. The Owner represents and warrants to the Municipality that title to Parts 2 to 28, inclusive on Plan 40R-18065 shall be conveyed to each of the respective Abutting Owners having registered title to the Lots on Registered Plan No. 702 immediately abutting such Parts as more particularly set out opposite the respective Part in Schedule"A"hereto. The Owner, its successors and assigns hereby covenant and agree, as a restrictive covenant running with and burdening the Lands,that no portion of the Lands designated as Parts 2 to 28, inclusive on Plan 40R-18065 shall be conveyed except together with a conveyance of the Lot on Registered Plan No. 702 immediately abutting such Part as set opposite such respective Part in Schedule"A"hereto. Such restrictive covenant shall be to the benefit of and annexed to the lands described as Blocks H and I and Part of Block F designated as Part 1 on Plan 40R-18065, Registered Plan No. 702, Municipality of Clarington, Regional Municipality of Durham. Each transfer of such Part to an Abutting Owner and each subsequent transfer shall contain the following restriction: "Part of Block F, Registered Plan No. 702, Municipality of Clarington, Regional Municipality of Durham designated as Part on Plan 40R-18065 shall not be conveyed except at the same time and to the same transferee as(Part of)Lot_,Registered Plan No. 702,Municipality of Clarington, Regional Municipality of Durham(designated as Part on Plan 40R-______). Prior to any such conveyance,the transferor shall obtain the covenant of the transferee to be bound by the foregoing restriction." 5. The Owner shall reimburse the Municipality for all reasonable legal, planning and administrative expenses actually incurred for the preparation and registration of this Agreement and the Part Lot Control Exemption By-law and the reasonable cost of all legal services contemplated by the terms of this Agreement provided that services have actually been performed for the Municipality. 6. This Agreement is made pursuant to and shall be governed by and construed in accordance with the laws of the Province of Ontario. 7. The parties agree that there are no representations, warranties, covenants, agreements, collateral agreements or conditions affecting this Agreement other than as expressed in writing in this Agreement. 8. This Agreement will enure to the benefit and be binding on the parties hereto and their respective successors and assigns. 9. The Owner hereby consents to the registration of this Agreement or a notice thereof against the title to the Lands. 10. Time shall in all respects be of the essence of this Agreement. -3- IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written and the Parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED,SEALED AND ) THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DELIVERED ) in the presence of: ) Diane mre, PLtti L. arrie We rk ) � ) BON L ) ROBIN WILLIAM THOMSON SCHEDULE "A" TO AN AGREEMENT MADE BETWEEN THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON AND BONNIE STOCKMAN AND ROBIN WILLIAM THOMSON, TRUSTEES PART ON PLAN 40R-18065 LOT OR PART LOT ON PLAN 702 2 15 3 16 4 17 5 18 6 19 7 20 8 21 9 22 10 23 11 24 12 25 13 SE_ M of 99 14 NW of 99 15 SE of 98 16 NW M of 98 17 SE of 97 18 NW of 97 19 SE of 96 20 NW of 96 21 SE of 95 22 NW of 95 23 SE of 94 24 NW of 94 25 SE of 93 26 NW of 93 27 SE of 92 28 NW of 92