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Home My WebLink AboutPD-76-98 .DN: PD-7698 THE CORPORATION OF THE MUNICIPALITY OF CAARINGTON REPORT Meeting: General Purpose and Administration Committee File ~l ~"' ~~~g~Oe~ Date: Monday, June 22, 1998 Res. # G PA',~j~l'~ Report #: PD-76 -98 FILE #: 40M-1882 (X-REF: 18T-86062) By-law # -/O Subject: REQUEST FOR PARTIAL RELEASE OF SUBDIVISION AGREEMENT DRAFT PLAN OF SUBDIVISION - 18T-86062 APPLICANT: JOST PART LOT 9, CONC. 6, FORMER TOWNSHIP OF DARLINGTON FILE NO.: 18T-86062 (40M-1882) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PD-76-98 be received ; 2. THAT the Mayor and Clerk be authorized by by-law to execute on behalf of the Municipality of Clarington the partial release of the Subdivision Agreement registered on title November 12, 1996, under instrument number LT778654, effecting those lands located outside the limits of registered plan 40M-1882; 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Irwin Hamilton, solicitor 1.2 Owner: Mrs. Jost 1.3 Subdivision: nine (9) lot plan of subdivision 2. LOCATION 2.1 The subject lands are located in part of Lot 9, Concession 6, former Township of Darlington. The site can be further defined as being located in the hamlet of Tyrone, west of Clemens Road, south of Concession Road 7. 690 REPORT NO.: PD-76-98 PAGE 2 3. BACKGROUND 3.1 In 1987, Staff Report PD-208-87 recommending draft approval of Plan of Subdivision 18T-86062 was forwarded to Committee and Council for their consideration and approval. Committee and Council supported Staff's recommendation and the Region of Durham subsequently issued conditions of draft approval. 3.2 Upon receiving draft approval, a subdivision agreement implementing the conditions of approval was entered into between the Municipality and the Developer and register on title. 3.3 When the subdivision agreement for Plan 18T-86062 was prepared, a reference plan identifying the limits of the newly subdivided lands did not exist. In order to permit the registration of the subdivision agreement, the legal description contained in the subdivision agreement on Schedule "A" included not only the subdivided lands but the additional lands owned by the applicant (see Attachment No. 1). 3.4 By letter dated May 4, 1998, Mr. Irwin Hamilton, solicitor on behalf of the Owner requested that the subdivision agreement be amended to indicate that the provisions of the agreement pertain only to the subdivided lands as described within the limits of the registered plan 40M-1882. 4. STAFF COMMENTS 4.1 The preparation and registration of the subdivision agreement proceeded on the basis of the information that was provided to Staff by the Owner's agent. It was acknowledged at that time by the Owner that the legal description contained within the agreement covered not only the subdivided lands but the Owner's entire land holdings. - 691 REPORT NO.: PD-76-98 PAGE 3 4.2 From the Municipality's prospective, an amendment to the legal description would not effect the enforcement of the terms and provisions of the subdivision agreement against the lands contained within registered plan 40M-1882. 4.3 It is noted for the Committee's information that the provisions of the subdivision agreement acknowledges that any costs related to its preparation, registration and enforcement are the responsibility of the Owner. 5. RECOMMENDATIONS 5.1 In light of Mr. Hamilton's request and the above noted comments, Staff would have no objections to the partial release of the subdivision agreement registered on title November 12, 1996, under instrument number LT 778654, effecting those lands outside the limits of registered plan 40M-1882. Respectfully submitted, Reviewed by, Franklin Wu, M.C.I.P., R.P.P. Director of Planning & Development W.H. Stockwelh Chief Administrative Officer. LDT*FW*cc June 5, 1998 Attachment No. 1 - Key Map Attachment No. 2 - By-law authorizing amendment to Subdivision Agreement Attachment No. 3 - Amendment to Subdivision Agreement Interested parties to be notified of Council and Committee's decision: Hamilton & Mutton Barristers and Solicitors 1 Division Street P.O. Box 39 Bowmanville, Ontario L1C 3K8 692 ,\' V1', i.. I 1 ~I Q _ K it ° - # .- . .._ i ~ ; Z H Y.. ~q ~ •• ' !F1 a y ; i~ i l L {. ~ 8 Z~ 1y O~~ Z 4 J- • • Q ee~~~tl ~t~ ~~ O>~~ J~N~ ._ i~ n• ////%_ /ji Z V ~ Y~ ~~ p iii/ i'/~~i .`, ~~666 ~ k 3 4.N ~~O~ m t $ e a r a. 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I S • ~0 ~ 1 - - _. -_ 09; a ~ T 1~ . _ t ' ~ __ ~ .a 5 .~ ~- f m / . i ~ ;, , ' ! ~~ ~ fT I i x ~ P s ~' b a i ti - - _ ~ ~ \ s e rr :+.' i ~~ ' s~' ~ so ~ i N i I i I I i ___ __ W J • (~ / Attachment No. 2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER98- being a By-law to authorize the entering into an Amending Agreement with Elfriede Jost the Owner of Plan of Subdivision 1ST-86062 (40M-1882) and any Mortgagee who has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect of 18T-86062 (40M-1882). 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 12`h day of November 1996, as Instrument No. LT778654; AND WHEREAS the Owner requested the Corporation to amend the legal description contained on Schedule "A" within the Subdivision Agreement to clarify that the terms and provisions of the agreement pertain to the lands located within the limits of registered plan 40M-1882; AND WHEREAS the Corporation has resolved to approve an amendment to the aforesaid Agreement; NOW THEREFORE, the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 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 Amending Agreement between Elfriede Jost, the Owners of Plan of Subdivision 18T- 86062 (40M-1882). BY-LAW read a first time this day of 1995. BY-LAW read a second time this day of 1998. BY-LAW read a third time and finally passed this day of 1998. MAYOR 6 / `t Attachment No. 3 AMENDING AGREEMENT THIS INDENTURE made (in triplicate) this day of 1998. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON, hereinafter called the "MUNICIPALITY" OF THE FIRST PART and - ELFRIEDE JOST , hereinafter called the "OWNER" OF THE SECOND PART WITNESSETH THAT: WHEREAS the Owners entered into a Subdivision Agreement with the Corporation registered in the Registry Office for the Land Titles Division of Newcastle (No. 10) on the 12'" day of November 1996, as Instrument No. LT778654. AND WHEREAS the Owner requested the Corporation to amend the legal description contained on Schedule "A" within the Subdivision Agreement to clarify that the terms and provisions of the agreement only pertain to the lands located within the limits of registered plan 40M-1882; AND WHEREAS the Corporation has agreed to amend the Subdivision Agreement registered on title on the 12'" day of November, 1996, as Instrument LT778654 ; 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 in 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: OWNER OF THE LANDS The Owner represents and warrants to the Corporation that it is the owner in tee simple absolute of the Lands and that there is no mortgagee or charges against the Lands. 2. AMENDMENT TO SCHEDULE "A" OF THE SUBDIVISION AGREEMENT The LEGAL DESCRIPTION OF LANDS contained within Schedule "A" of the Subdivision Agreement is hereby deleted and replaced with the following new wording: "LEGAL DESCRIPTION OF LANDS ALL AND SINGULAR that certain parcel of land premises situated, lying and being in the Municipality of Clarington, in the Regional Municipality of Durham and being comprised of Part of Lot 9, Concession 6, in the former Township of Darlington, now the Municipality of Clarington, Regional Municipality of Durham of the Geographic Township of Darlington, now designated as Registered Plan 40M- 1882." ~G~ 3. PROVISIONS OF SUBDIVISION AGREEMENT OTHERWISE CONFIRMED Except as provided in paragraph 2 of this First Amending Agreement all the provisions of the Subdivision Agreement is hereby confirmed and continue in effect. 4. ' REGISTRATION OF FIRST AMENDING AGREEMENT The Owner and the Mortgagee consent to the registration of a notice of this First Amending Agreement against the title of the Lands. AUTHORITY TO MAKE AGREEMENT The Owner acknowledges and agrees that the Corporation has authority to enter into this First Amending Agreement, that every provision hereof is authorized by the law and is fully enforceable by the Parties, and that this First Amending Agreement is made by the Corporation in reliance on the knowledge and agreement of the Owner as aforesaid. 6. SUCCESSORS The First Amending Agreement shall ensure to the benefit of and be binding on the Parties hereto, and their respective successors and assigns. IN WITNESS WHEREOF the corporate parties hereof have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON In the presence of: MAYOR CLERK ELFRIEDE JOST (, i t ~~