HomeMy WebLinkAboutEGD-054-08Leading the Way
~~~~~ REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATIVE COMMITTEE /1 (,
Date: December 1, 2008 Resolution #: (YiA'~ OC5
Report #: EGD-054-08 File #: By-law #: 000 "~ ~3
Subject: FRONT-ENDING AGREEMENT BETWEEN SCHICKEDANZ BROS. LIMITED
AND THE MUNICIPALITY OF CLARINGTON: DELETION FROM THE TITLE
TO LOTS 13 TO 18 ON REGISTERED PLAN OF SUBDIVISION 40M-2094
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
THAT this Report be received and approved; and
2. THAT Council pass a by-law (Attachment 1) to authorize the Mayor and Municipal
Clerk on behailf of the Municipality of Clarington to enter into the agreement with
511060 Ontario Limited which is referred to in paragraph 2.1 of this Report and to
authorize the Municipality's Solicitor to take all necessary steps to register the
agreement on the title to Lots 13 to 18, inclusive, shown on registered Plan of
Subdivision 40M-2094.
Respectfully by,
Submitted by: A.S. Cannella
Director of Engineering Services
Reviewed by: Franklin Wu
Chief Administrative Officer
ASCfjb
November 25, 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282
REPORT NO.: EGD-054-08
PAGE 2
1.0 BACKGROUND AND PURPOSE
1.1 Registered Instrument No. LT797177 is aFront-Ending Agreement made between the
Municipality and Schickedanz Bros. Limited dated September 25, 1995. It is registered
against the title to a large number of lots including the lands now shown as Lots '13 to
18, inclusive, registered on Plan of Subdivision 40M-2094 owned by 511060 Ontario
Limited.
1.2 The Development Charges Act authorizes the registration of such agreements against
the title to the lands whose owners benefit from the Works front-ended by one
developer. The works front-ended by Schickedanz Bros. Limited are detailed in the
Front-Ending Agreement referred to in paragraph 1.1.
1.3 The registration of Instrument No. LT797177 against the title to Lots 13 to 18 on Plan
40M-2094 was the result of an error. These Lots are not benefited by the works funded
under the Front-Ending Agreement and the Agreement should not have been registered
against them.
1.4 511060 Ontario Limited has requested that the Municipality take steps to delete the
Front-Ending Agreement from title to Lots 13 to 18, inclusive, on Plan 40M-2094.
2.0 CONCLUSION AND RECOMMENDATION
2.1 In consultation with the Land Registrar, the Municipality's Solicitor advises that the most
feasible way of doing this is for the Municipality to enter into an agreement with 511060
Ontario Limited by which it is agreed that the Front-Ending Agreement in question does
not affect the title to Lots 13 to 18, inclusive, on Plan 40M-2094.
2.2 It is recommended that Council pass a by-law to authorize the Mayor and Municipal
Clerk to enter into the agreement referred to in paragraph 2.1 on behalf of the
Municipality and to authorize the Municipality's solicitor to take all necessary steps to
register the agreement on the title to these Lots.
REPORT NO.: EGD-054-08
PAGE 3
Attachments:
Attachment 1 - Draft By-law
List of Interested Parties:
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2008-XXX
being a by-law to authorize the execution of an agreement
between the Municipality of Clarington and 511060 Ontario
Limited respecting a Front-Ending Agreement between
Schickedanz Bros. Limited and the Municipality dated
September 25, 1995 which is registered on title to Lots 13 to
18, inclusive, on registered Plan of Subdivision 40M-2094
WHEREAS at its meeting on December 1, 2008, Council of the Municipality of
Clarington received and approved Report EGD-054-08;
NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of the
Municipality of Clarington enacts as follows:
1. THAT the Mayor and Municipal Clerk on behalf of the Municipality of Clarington
are authorized to execute the agreement with 511060 Ontario Limited which is
referred to in paragraph 2.1 of Report EGD-054-08.
2. THAT the Municipality's Solicitor is authorized to take all necessary steps tc
register the agreement referred to in section 1 on the title to Lots 13 to 18,
inclusive, shown on registered Plan of Subdivision 40M-2094.
By-law read a first and second time this XXXX day of December, 2008.
By-law read a third time and finalty passed this XXXX day of December, 2008.
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk