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Home My WebLink AboutPD-126-98oN: Po-iu.ea THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # ~I 2.1~• ~~~ i j Date: Monday, October 19, 1998 Res. #G~f~ ' `?~~-~~ Report #: PD-126-98 FILE #: 18T-76011 By-law # 9~ /~~ Subject: PENWEST SUBDIVISION, PHASE 4, MERRYFIELD COURT PENWEST DEVELOPMENT CORPORATION LIMITED -PLAN 40M-1770 CERTIFICATE OF RELEASE FILE: 18T-76011 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-126-98 be received ; 2. Pursuant to the provisions of Paragraph 5.26 of the Subdivision Agreement between the Municipality and Penwest Development Corporation 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 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 July 28, 1986 with Penwest Development Corporation Limited, to develop the lands by plan of subdivision described as 18T-76011. Registration of this phase proceeded under Plan 40M-1770. 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 6~9 REPORT NO.: PD-126-98 PAGE2 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 point 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 any release. ~~1~ REPORT NO.: PD-126-98 PAGE 3 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 August 31, 1998 meeting, endorsed Staff Report WD-45-98 and authorized the issuance of a "Certificate of Acceptance". 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 Municipality 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 Phase 4 of 18T-76011, Plan 40M-1770. bpi REPORT NO.: PD-126-98 PAGE 4 Respectfully submitted, .~ Fra lin Wu, M.C.I.P., R.P.P. Director of Planning & Development LT*FW*df 2 October1998 Attachment No. 1 -Key Map Attachment No. 2 - By-law Attachment No. 3 - Release Agreement Reviewed by, Interested parties to be notified of Council and Committee's decision: Penwest Corporation Limited 390 Bay Street Suite 1710 Toronto, Ontario M5H 2Y2 Attention: Steve Pustil b42 Chief Administrative Officer. ATTACHMENT 1 ® 40M-y 770 1 ~; LOT 9 L- ~ - W T -_ w MERRYFIELD CRT f - \ ~ -_ _ ~~ w i _ __ _ ~_ EE ~ ____ ~ PEACHTR~~ ~ ~~ -$ -- o i ~ ~~ y Q -- - -7 ~ ~ d r i ~ CRESCENT ~ ~ ~ ~ A~ i o ~ li z ~- - -L~~ ' - _ Q ~ _ T -- ~ - -- H U ~ -~ - Q / 0 ~~ ~ ~ r'~< ~~NES CRT ~ ~ _~ ~ m-_ ~i ~ Z J O N ~ ~ yq~oA ~ qRK DR. ~~ ~ CLIMIE CRT. - ~ -_ -_-- ~ KING STREET EAST ~~ BOWMANVILLE KEY MAP ~~~ ATTACHMENT 2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98- Being a By-law to authorize the Release of an Agreement with Penwest Corporation Limited and the Corporation of the former Town of Newcastle, now the Municipality of Clarington, for the development of Plan of Subdivision 18T-76011 (now Plan 40M-1770) 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 Penwest Corporation 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. x 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 799g, MA CLERK ~:4.~ ATTACHMENTS RELEASE THIS INDENTURE made (in triplicate) this day of , 19gg. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON hereinafter called the "Corporation" OF THE FIRST PART -and - PENWEST DEVELOPMENT CORPORATION LIMITED hereinafter called the "Owner" OF THE SECOND PART WHEREAS the Owner entered into a Subdivision Agreement with the Corporation dated the 28th day of July, 1986 and registered in the Registry Office for the Land Titles Division of Newcastle (No. 10) on the 8th day of August, 1986 as Instrument No. 129497 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 TWO ($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. 129497, 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. MAYVK l1tKK ~J `~ ,~ DESCRIPTION SCHEDULE "A" ALL AND SINGULAR that certain parcel o 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-1770 ~,'i 4 ~~