HomeMy WebLinkAboutPD-162-92
THE CORPORATION OF THE TOWN OF NEWCASTLE
ON: KINGSBER.GPA
Date:
Monday, July 6, 1992
File # 1\(~ ' ~
Res. #ftY:?/J-7!y-7' 2J
# 9~-/~5
Meeting: General Purpose and Administration Committee
#: PO 162 92 File #:
1m~ 781
REMLARK SUBDIVISION - KINGSBERRY PROPERTIES
CERTIFICATE OF RELEASE
FILE: 10M-781
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PO-162-92 be received;
2. Pursuant to the provisions of Paragraph 5.26 of the Subdivision
Agreement between the Town and Kingsberry Properties, the Town 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 Town of Newcastle the "certificate of Release"; and
4. THAT Kingsberry Properties be informed of Council's decision.
1. BACKGROUND
1.1 The Town entered into a Subdivision Agreement on June 18, 1986 with
Kingsberry Properties to develop the lands by plan of sUbdivision,
described as Plan 10M-781.
1.2 Paragraph 5.26 within each 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
or 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; and
....2
IlECYCLED
PAPER
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THIS IS f'fliNTED ON flECYCLEO PAPER
REPORT NO.: PD-162-92
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 roundings, 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 herein and the Owner's acceptance of the
conditions for applying for municipal building permits as provided
herein.
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 Town's receipt
of an ontario Land Surveyor's confirmation, have been completed.
2.2 Council, at their April 13, 1992 meeting endorsed Staff Report WD-
33-92 and authorized the issuance of a certificate of Acceptance.
2.3 In addition to the Town'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. ....3
f~
REPORT NO.: PD-162-92
PAGE 3
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 wi thin 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 10M-781.
Respectfully submitted,
Recommended for presentation
to the Committee
d~~~
Franklin Wu, M.C.I.P.
Director of Planning
and Development
LDT*FW*cc
*Attach
19 June 1992
Interested Parties to be notified of Council and Committee's decision:
McGibbon, Bastedo Armstrong and
Barristers & Solicitors
32 Simcoe Street South
P.O. Box 34
OSHAWA, ontario
LIH 7K8
Armstrong
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 92-_
being a By-law to authorize the release of an Agreement with Kingsberry
Properties and the Corporation of the Town of Newcastle for the
development of Plan of Subdivision 10M-781.
The Council of the Corporation of the Town of Newcastle hereby enacts
as follows:
1. THAT the Mayor and Clerk are hereby authorized to execute on behalf
of the Corporation of the Town of Newcastle, and seal with the
corporation's seal, the release of an Agreement between Kingsberry
Properties and the said corporation.
2. THAT the Mayor and Clerk are hereby authorized to accept, on behalf
of the Town, the said conveyances of lands required pursuant to the
aforesaid Agreement.
BY-LAW read a first time this
day of
, 1992
BY-LAW read a second time this
day of
, 1992
BY-LAW read a third time and finally passed this
, 1992.
day of
MAYOR
CLERK
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.
RELEASE
THIS INDENTURE made (in triplicate) this
day of
, 1992.
BETWEEN:
THE CORPORATION OF THE TOWN OF NEWCASTLE,
hereinafter called the "corporation" OF THE FIRST PART
- and -
KINGS BERRY PROPERTIES,
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 20th day of June, 1986 as
Instrument No. 4410 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 sum 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. 4410, 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
authoriz.ed in that behalf.
THE CORPORATION OF THE TOWN OF NEWCASTLE
(MAYOR)
(CLERK)
.......- .;",--. '-~Y' ~
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DESCRIPTION
SCHEDULE nAn
ALL AND SINGULAR that certain parcel or tract of land and premises
situate, lying and being in the Town of Newcastle, in the Regional
Municipality of Durham and Province of ontario, and being composed of
Parcels
Plan lOM-781.
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