HomeMy WebLinkAboutPD-57-98DN: PD-57A8
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File # j~~ .~'
Date: Monday, May 4, 1998 Res. #~(~ ~ - ~5 7-~g
Report #: PD-57-98 FILE #: 18T-89072 By-law #~
Subject: 1249920 ONTARIO INC. FORMERLY KIDDICORP INVESTMENTS LTD
CEDARBROOKE SUBDIVISION - 10M-824
CERTIFICATE OF RELEASE
FILE: 18T-87040 AND 18T-87034
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-57-98 be received ;
2. Pursuant to the provisions of Paragraph 5.26 of the Subdivision Agreement between
the Municipality and 1249920 Ontario Inc. (formerly Kiddicorp Investments Ltd.),
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 all interested parties listed in this report and any delegations be advised of
Council's decision.
1. BACKGROUND
1.1 The Municipality entered into a Subdivision Agreement, registered on title March 8,
1989 with Kiddicorp Investments Ltd to develop the lands by plan of subdivision
described as 18T-87040 and 18T-87034. Registration proceeded under Plan 40M-
824.
636
REPORT NO.: PD- 57-98 PAGE 2
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.
(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.
637
REPORT NO.: PD- 57-98
2. STAFF COMMENTS
PAGE 3
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 January 26, 1998 meeting, endorsed Staff Report WD-5-98 and
authorized the issuance of a Certificate of Acceptance" and the Municipality's
receipt of an Ontario Land Surveyor's confirmation, have been completed.
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 18T-87040 and 18T-87034 (10M-824).
638
REPORT NO.: PD- 57-98
PACE 4
Respectfully submitted,
v ~,.-Q-~~ ~,
<lin Wu, M.C.I.P., R.P.P.
Director of Planning & Development
LT*FW*df
April 6, 1998
Reviewed by,
W.H. Stockwell,
Chief Administrative Officer.
Interested parties to be notified of Council and Committee's decision:
1249920 Ontario Inc.
1748 Baseline Road
Courtice, Ontario
L1 E 2T1
639
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COURTICE
KEY MAP
640
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER98-
being a By-law to authorize the Release of an Agreement with 1249920 Ontario Inc.
(formerly Kiddicorp Investments Ltd.) and the Corporation of the former Town of
Newcastle, now the Municipality of Clarington, for the development of Plan of
Subdivision 18T-87040 and 18T-87034 (now Plan lOM-824)
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 1249920 Ontario Inc. 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 199g,
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
641
RELEASE
THIS INDENTURE made (in tdplicate) this day of 1998.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON.
hereinafter called the "Corporation" OF THE FIRST PART
-and -
1249920 ONTARIO INC.
hereinafter called the "Owner" OF THE SECOND PART
WHEREAS the Owner entered into a Subdivision Agreement with the Corporation dated the 7th day of
August, 1986 and registered in the Registry Office for the Land Titles Division of Newcastle (No. 10) on the
8th day of March, 1989 as Instrument No. 17992 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
($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. 17992, with the exception of the
Owner's responsibility for drainage as provided therein and the Owners 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 toby the
signatures of its proper officers duly aulhodzed in that behalf.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
MAYOR
CLERK
642
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 10M-824
b43