HomeMy WebLinkAbout98-160 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 98-160
Being a By-law to authorize the Release of an Agreement with Penwest Corporation
Limited and the Corporation of the former Town of Newcastle, now the
Municipality of Clarington, for the development of Plan of Subdivision 18T-76011
(now Plan 40M-1770)
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 Agreement between Penwest Corporation Limited 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 26th day of October 1998.
BY-LAW read a second time this 26th day of October 1.998.
BY-LAW read a third time and finally passed this 26th day of October 1998.
MAYOR
r
CLERK
t
RELEASE
THIS INDENTURE made (in triplicate) this -�,Aday of Cb , 1998.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON,
hereinafter called the "Corporation" OF THE FIRST PART
- and -
PENWEST DEVELOPMENT CORPORATION LIMITED
hereinafter called the "Owner" OF THE SECOND PART
WHEREAS the Owner entered into a Subdivision Agreement with the Corporation dated the
28th day of July, 1986 and registered in the Registry Office for the Land Titles Division of
Newcastle (No. 10) on the 8th day of August, 1986 as Instrument No. 129497 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 agreed 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 same 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. 129497, with the exception 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.
MAYOR
�f; P�
CLERK
DESCRIPTION
SCHEDULE "A"
ALL AND SINGULAR that certain parcel o 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-1770
RELEASE
THIS INDENTURE made (in triplicate) this (-'-day of OCL , 1998.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON,
hereinafter called the "Corporation" OF THE FIRST PART
- and -
PENWEST DEVELOPMENT CORPORATION LIMITED
hereinafter called the "Owner" OF THE SECOND PART
WHEREAS the Owner entered into a Subdivision Agreement with the Corporation dated the
28th day of July, 1986 and registered in the Registry Office for the Land Titles Division of
Newcastle (No. 10) on the 8th day of August, 1986 as Instrument No. 129497 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 agreed 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 same 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. 129497, with the exception 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.
M R
-'` .t X,
CLERK f'
PPP
DESCRIPTION
SCHEDULE "A"
ALL AND SINGULAR that certain parcel o 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-1770
RELEASE
THIS INDENTURE made (in triplicate) this �Vf -day of Oct ,k'// , 1998.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON,
hereinafter called the "Corporation" OF THE FIRST PART
- and -
PENWEST DEVELOPMENT CORPORATION LIMITED
hereinafter called the "Owner" OF THE SECOND PART
WHEREAS the Owner entered into a Subdivision Agreement with the Corporation dated the
28th day of July, 1986 and registered in the Registry Office for the Land Titles Division of
Newcastle (No. 10) on the 8th day of August, 1986 as Instrument No. 129497 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 agreed 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 same 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. 129497, with the exception 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.
MAYO
CLERK
f
DESCRIPTION
SCHEDULE "A"
ALL AND SINGULAR that certain parcel o 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-1770
FOGLER, RUBINOFF
B A R R I S T E R S & S O L I C I T O R S
Reply To: Sydney N Conn
Direct Dial: (416)941-8805
E-mail: snc @foglerubinoff.com
January 8, 1999 File No. 94/2384
BY REGULAR MAIL
Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
L1C 3A6 ;
Attention: Larry Taylor, Manager .w
Development Review Branch
Dear Sirs:
Re: Penwest Development Corporation Limited
Certificate of Release
Plan 40M-1770
Municipality of Clarington
As requested in your letter dated November 9, 1998,we enclose the original duplicate Partial Release
of Agreement registered in the Land Registry Office for the Land Titles Division of Durham(No.
40) on January 4, 1999 as Instrument No. LT883116.
Thank you for your assistance and co-operation herein.
Yours very truly,
s
FOGLE,-kUBINOFF ,�. .
Per: Sydney N. Conn
SNC:ert
Encl.
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SUITE 4400,P.O.Box 95,ROYAL TRUST TOWER '
TORONTO-DOMINION CENTRE ,--.
TORONTO,ONTARIO,CANADA M5K 1G8
T ELEPHONE.(416)864-9730 FAX:(416)91.1-8852 TDX BOX'_`UMBER:4-9
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of (416) 367 0600
08/1993
- Ontario Form 4-Land Registration Reform Act
(1) Registry ❑ Land Titles [ T(2) Page 1 of 3 pages
(3) Property Block Property /
Identifier(s) 26629 - 0354 to See itional: ,//
CL7 _ M 26629 - 7 inclusive Schedule ❑
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to (4) Nature of Document
Partial Release of Agreement - Application to Amend
C''
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CO
the Register-(Section 7; of thi, Fand Titles -40
G; (5) Consideration
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N/A
Co _
p — .a a Dollars $2.00
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(6) Description
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' Parcels 1-1 to 20-1, both inclusive,
a ,
LL Section 4'OM-1770
O o - Lots 1 to 20, both inclusive, V/
f Registered Plan 40M-1770
I' Municipality of Clarington,
Regional Municipality of Durham
New Property Identifiers
Additional:
See
Schedule ❑
Executions
(7) This (a) Redescription :(b)Schedule for:
Additional: Document New Easement ! Additional
See El Contains Plan/Sketch ❑ Description ❑ Parties ❑ Other
Schedule
(8) This Document provides as follows:
The Corporation of the Municipality of Clarington having a legal interest in the lands described
in Box 6 hereof pursuant to an Agreement made between The Corporation of the Municipality of
Clarington and Penwest Development Corporation Limited registered on August 8, 1986 as
Instrument No. NL4759 hereby releases Penwest Development Corporation Limited from the
terms and conditions as set out in Instrument No. NL4759 as it affects the lands described in
Box 6 hereof with the exception of responsibility for drainage and conditions for applying for
building permits as provided for therein.
The evidence in support of this Application consists of the Release by The Corporation of the
Municipality of Clarington annexed hereto.
Continued on Schedule ❑
(9) This Document relates to instrument number(s) NL4759
(10) Party(ies) (Set out Status or Interest)
Name(s) Signature(s) Date of SMnatur)
T1IE..CORPORATION—OF-.THE_____ ------- Pex•.--. 1998,-....12...r- .-.
MUNICIPALITY OF CLARINGTON M Sydney N. Conn
by its agent, FOGLER, RUBINOFF '
(1 1)Address 40 Temperance Street, Bowmanville, Ontario L1C 3A6
for Service
(12) Party(ies) (Set out Status or Interest)
Name(s) Signature(s) Date of Signature
Y M D
i
_ ...._.. .. ............................................. .._..._.. _.................... . .... ....... .__...... ...-.__. _....... ........ ... __..
(13)Address
for Service
(14) Municipal Address of Property (15) Document Prepared by: Fees and Tax
J
Sydney N. Conn ert 9412384 ZO Registration Fee
FOGLER, RUBINOFF
Barristers & Solicitors :3
Suite 4400,P.O. Box 95,Royal Trust Tower W
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Toronto-Dominion Centre
LL
K:\ET:ENZO\WP61\DATA61\CAKE\DG-RELEA.LT Toronto, Ontario M5K 1G8 0
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RELEASE
THIS INDENTURE made (in triplicate) this 4th day of December , 1998.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON,
hereinafter called the "Corporation" OF THE FIRST PART
- and -
PENWEST DEVELOPMENT CORPORATION LIMITED
hereinafter called the "Owner" OF THE SECOND PART
WHEREAS the Owner entered into a Subdivision Agreement with the Corporation dated the
28th day of July, 1986 and registered in the Registry Office for the Land Titles Division of
Newcastle (No.10) on the 8th day of August, 1986 as Instrument No. NL4759 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 agreed 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. NL4759, with the exception 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.
MAYOR
CLERK //
DESCRIPTION
SCHEDULE "A"
The whole of Parcels 1-1 to 20-1, both inclusive, Section 40M-1770
comprising Lots 1 to 20, both inclusive, Registered Plan 40M-1770,
in the Municipality of Clarington, Regional Municipality of Durham
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