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Home My WebLink AboutPD-89-98~ DN: PD$9-98 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # X12. I`d-C' °1 ~° i3 Date: Monday, July 13, 1998 Report #: PD-89-98 FILE #: 18T-91013 Subject: KIDDICORP INVESTMENTS LTD. SAGEWOOD SUBDIVISION - 40M-1741 CERTIFICATE OF RELEASE Res. # C~PI~ -`131-9~ By-law # Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-89-98 be received ; 2. Pursuant to the provisions of Paragraph 5.26 of the Subdivision Agreement between the Municipality and 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. APPLICATION DETAILS 1.1 The Municipality entered into a Subdivision Agreement, registered on title October 10`h, 1993, with Kiddicorp Investments Ltd. to develop the lands by plan of subdivision described as 18T-91013. Registration proceeded under Plan 40M-1741. 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; - 661 l REPORT NO.: PD-89-98 PAGE 2 (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 indirection 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. 662 REPORT NO.: PD-89-98 PAGE3 2.2 Council, at their September 15, 1997 meeting, endorsed Staff Report WD-54-97 and authorized the issuance of a "Certificate of Acceptance" for the final works which included the final stage roads and other related works constructed within Plan 40M- 1741. Staff would note the last Certificate of Acceptance for the stormwater management system was issued June 17, 1998. 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 40M-1741. Respectfully submitted, (^ a_..~__~ ~ ~ ~-~, Franklin Wu, M.C.I.P., R.P.P. Director of Planning & Development LT*FW*df June 24, 1998 Attachment No. 1 - Release Agreement Attachment No. 2 - By-law Attachment No. 3 - Key Map Reviewed by, ~%~~~ c~~1't`~ W.H. Stockwell, Chief Administrative Officer. b63 REPORT NO.: PD-89-98 Interested parties to be notified of Council and Committee's decision: Kiddicorp Investments Ltd. 1748 Baseline Road COURTICE, Ontario L1 E 2T1 PAGE 4 664 ATTACHMENT NO 1 RELEASE THIS INDENTURE made (in triplicate) this day of , 1998. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON, hereinaker called the "Corporation" OF THE FIRST PART -and - KIDDICORP INVESTMENTS LTD. hereinaker called the "Owner" OF THE SECOND PART WHEREAS the Owner entered into a Subdivision Agreement with the Corporation dated the 28th day of June, 1993 and registered in the Registry Office for the Land Titles Division of Newcastle (No. 10) on the 10th day of November, 1993 as Instrument No. LT656136 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 inconsideration of the same of TWO 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. 1672, 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 ~~~ 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-1741 bbo ATTACHMENT NO 2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98- being a By-law to authorize the Release of an Agreement with 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-91013, (now Plan 40M-1741) 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 Kiddicorp Investments Ltd. 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 13~" day of July 1998 BY-LAW read a second time this 13T" day of July 1998. BY-LAW read a third time and finally passed this 13'" day of July 1998. MAYOR CLERK b67 ATTACHMENT NO 3 ® SUBJECT SITE LOT 14 LOT 13 / ~~ j ~ ~; _~~~ . '~ '\ ',\ _~ KING STREET WEST ~ ) ~ '~ i ~~/ N ~ ~ ~ PP!~, ~ ~ '', ~1~1 ~~ ~_ ~,~ i /~ 1'1 ; h' - _ ao ~ ~~ - ~1~~,~~~ o ~~ Z o - _ - ' ~ J J W ~' R E I ~, z ~ E - - I ~ Z o - ~ O ~ - i ~ ~ U ~ ~~ ~ T t~ ~ ~ ~ ~~ _ I ~ '''' ' z _ , ~~ o _~ - - ' ~_ R _ _ ~~ ~ N~ BOWMANVILLE 4OM-,~ 74~ KEY MAP 66b