HomeMy WebLinkAboutPD-30-98
oN:~ereso~z.GPnTHE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File ~~~ggO~a•
Date: Monday, March 2, 1998 Res. ~~Ppp~aa"'__i~//~~a" ~~
Report #: PD-30-98 File #: 18T-89072 By-law #1~T~
Subject: 812716 ONTARIO LIMITED
LINCOLN-GREEN SUBDIVISION 40M-1740
CERTIFICATE OF RELEASE
FILE: 18T-89072
Recommendations:
It is respecttully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-34-98 be received;
2. Pursuant to the provisions of Paragraph 5.26 of the Subdivision Agreement
between the Municipality and 812716 Ontario Limited, the Municipality has no
objections to the issuance of the "Certificate of Release";
3. THAT the Mayor and Clerk be authorized by by-law to execute, on behalf of the
Municipality of Clarington, the "Certificate of Release"; and
4. THAT 812716 Ontario Limited be informed of Council's decision.
1. BACKGROUND
1.1 The Municipality entered into a Subdivision Agreement, registered on title
September 22, 1993 with 812716 Ontario Limited to develop the lands by plan of
subdivision described as Plan 40M-1740.
1.2 Paragraph 5.26 within the Agreement, entitled "Requirements for Certificate of
Release" states that the Municipality agrees to provide the Owner with a written
release from the Agreement, for the said lands, in a form suitable for registration
in the Registry for the Land Titles Office at such time that the following items have
been confirmed.
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REPORT NO.: PD-30-98
PAGE 2
(1) The Certificates of Acceptance has been issued for all of the Works;
(2) A registered Ontario Land Surveyor, approved by the Municipality, has
provided the Municipality with written confirmation that at a date not earlier
than the end of the maintenance period described herein, he has found or
replaced all standard iron bars as shown on the Plan and survey
monuments at all block corners, the end of all curves, other than corner
rounding, and all points of change in direction of roads on the Plan; and,
(3) The Municipal Council has, by resolution, declared that the Owner is not
in default of any of the provisions of this Agreement.
The Certificate of Release shall operate as a discharge of the land described
therein of all obligations of the Owner under this Agreement with the exception of
the Owner's responsibility for drainage as provided therein and the Owner's
acceptance of the conditions for applying for municipal building permits as
provided therein.
1.3 Staff would note that within the Subdivision Agreement, Paragraph 3.13(3)
confirms that the Owner shall reimburse the Municipality for all reasonable legal
expenses incurred for the preparation and registration of this Agreement, as well
as the legal services contemplated by the terms of the Agreement, including the
preparation of any release.
2. STAFF COMMENTS
2.1 Staff would confirm that the first two requirements, being the issuance of the
"Certificate of Acceptance" and the Municipality's receipt of an Ontario Land
Surveyor's confirmation, have been completed.
2.2 Council, at their February 3, 1997 meeting, endorsed Staff Report WD-12-97 and
authorized the issuance of a Certificate of Acceptance. The last Certificate of
Acceptance for the Stormwater Management System was issued by the Public
Works Department on February 5, 1998.
6n2
REPORT NO.: PD-30-98 PAGE 3
2.3 In addition to the Municipality's receipt of the Ontario Land Surveyor's Certificate
for the Plan, the Public Works Department advises that the requirements of the
Subdivision Agreement have been completed to the satisfaction of the Director of
Public Works.
2.4 In consideration of the above, Staff has prepared the necessary Certificate of
Release, save and except the Owner's responsibility for drainage as provided
within the Agreement and the Owner's acceptance of the conditions for applying
for municipal building permits.
3. RECOMMENDATIONS
3.1 In consideration of the above, Staff would have no objections to the issuance of
the Certificate of Release for Plan 40M-1740.
Respectfully submitted,
Franklin Wu, M.C.I.P., R.P.P.
Director of Planning
and Development
LT*FW*df
Attach
20 February 1998
Reviewed by,
~_~~~~~
W.H. Stockwell
Chiet Administrative
Officer
Interested parties to be notified of Council and Committee's decision:
812716 Ontario Ltd.
429 Lakeshore road
Port Perry, Ontario
L9L 1 N7
Attention: Mr. Bos Van Andel
- 603
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 98-
being a By-law to authorize the Release of an Agreement with 812716 Ontario Limited
and the Corporation of the former Town of Newcastle, now the Municipality of Clarington,
for the development of Plan of Subdivision 40M-1740.
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 812716 Ontario 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 day of 1998.
BY-LAW read a second time this day of 1998.
BY-LAW read a third time and finally passed this day of 1998.
MAYOR
CLERK
~n~
RELEASE
THIS INDENTURE made (in triplicate) this day of 1998.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
hereinafter called the "Corporation"
OF THE FIRST PART
-and-
512716 ONTARIO LDvITTED
hereinafter called the "Owner"
OF THE SECOND PART
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
22nd day of September 1993, as Instrument No. LT654120 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 agreement 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
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. LT654120,
with the exception of the Owner's responsibility for drainage as provided therein and the
Owner's acceptance of the wnditions 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.
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
MAYOR
CLERK
bOb
DESCRIPTION
SCHEDULE "A"
ALL AND SINGULAR that certain parcel or 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-1740
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