HomeMy WebLinkAboutPD-122-92
THE CORPORATION OF THE TOWN OF NEWCASTLE
DN: BURKETON.GPA
Meeting: General Purpose and Administration Committee
Date: Tuesday, May 19, 1992
File # D \;~, \ ,"7
Res. #4;3;;' -39tJ -9>>
#~7
#: -PB-122 92 File #:
18T-75362, 10M-802
BURKETON HILLS ESTATES - PLAN 10M-802
CERTIFICATE OF RELEASE
FILE: 18T-802
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-122-92 be received;
2. Pursuant to the provisions of Paragraph 54 of the Subdivision
Agreement between the Town and united Counties HOlding, Veltri and
Son Limited, Lesron Enterprises Limited and Susan Ann Swartz, 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";
4. THAT united Counties HOlding, Vel tr i and Son Limited, Lesron
Enterprises Limited and Susan Ann Swartz be informed of Council's
decision.
1. BACKGROUND
1.1 The Town entered into a Subdivision Agreement on June 16, 1983 with
united Counties HOlding, Veltri and Son Limited, Lesron Enterprises
Limited and Susan Ann Swartz to develop the lands by Plan of
SUbdivision, described as Plan 10M-802.
1. 2 Paragraph 54 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
of Land Titles office at such time that the following items have
been confirmed.
RECYCLED PAPIER
PAPEFl RECYCLE
llHS IS PRiNlCDON RECYCLED PArEH
REPORT NO.: PD-122 -92
PAGE 2
(1)
the certificates of Acceptance has been issued for all
of the works; and
(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 Subdivisi0n Agreement, Paragraph
59 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 February 24, 1992 meeting endorsed Staff Report
WD-21-92 and authorized the issuance of a certificate of Acceptance
for 10M Plan 802.
2.3 In addition to the Town's receipt of the ontario Land Surveyor's
Certificate for each Plan, the Public Works Department advises that
REPORT NO.: PD- 122 -92
PAGE 3
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 wi thin the Agreements 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-802.
Respectfully submitted,
Recommended for presentation
to the Committee
(i/\J A-~
~ I, /J; /'1
O-:~t"~"/Ii
J f\ j"
Lawrence E. Kots8,rf{
Chi7f Administra(iif~"""
Offlcer ~)
c/\" ,lA/^"
Franklin Wu, M.C.I.P.
Director of Planning
and Development
LDT*FW*df
*Attach
1 May 1992
Interested parties to be notified of Council and Committee's decision:
Mr. Nick Mensink
G.M. Sernas and Associates
Consulting Engineers and Planners
110 Scotia Court, unit 41
Whitby, ontario.
LIN 8Y7
Burketon Hills Development
231 Simcoe Street North
Oshawa, ontario.
LIG 4Tl
7
I
""./
...
_LIMITS OF ROAD CONSTRUCTION
o
<l:
o
0::
T
OF
(!)
o
(!)
:J
U
en
13URKETON HILLS
ES.TATESJ
IOM-802
'BURKETON'
" _6()(JNOARYH_~O
II
II
II
.10 l'l:: 18 11
r
1]1
II "~11 10
11 ~
I
II
KEY MAP
594
I'-
It)
OG
o
<l:
o
-0::
...J
<l:
Z
o
(!)
W
0::
II
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 92-
being a By-law to authorize the release of an Agreement with united
Counties Holdings, Veltri and Son Limited, Lesron Enterprises
Limi ted and Susan Ann Swartz and the corporatiolt of the Town of
Newcastle for the development of Plan of SubdiJision 1BT-75362
(10M-B02) .
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 united Counties Holdings, Veltri and Son Limited,
Lesron Enterprises Limited and Susan Ann Swartz 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
595
',- . ;."" -. '--,.." & ~-..-...,,;..:~.; ,-,
RELEASE
THIS INDENTURE made (in triplicate) this
1992.
BE'lWEEN:
day of
,
- and -
THE CORPORATION OF THE TOWN OF NEWCASTLE,
hereinafter called the "Corporation" OF THE FIRST PART
UNITED COUNTIES HOLDINGS LIMITED. VELTRI AND SONS
LIMITED. LESTRON ENTERPRISES. AND SUSAN ANN SWARTZ
hereinafter called the "OWner" OF THE SECOND PART
WHEREAS the OWner entered into a Subdivision Agreement with the
Corporation dated the 16th day of June, 1983 and registered in the
Registry Office for the Land Titles Division of Newcastle (No. 10)
on the 28th day of JUly, 1983 as Instrument No. 112980 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 'lWO ---------------
----------------------------------($2.00)------------------dollars
now paid by the OWner to the Corporation, the receipt of which is
hereby acknowledged the Corpor'!1tion 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. 112980, 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.
THE CORPORATION OF THE TOWN OF NEWCASTLE
(MAYOR)
(CLERK)
. 596
DESCRIPTION
SCHEDULE "A"
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 10M-802.
... , . ;;'~. '"' .....- ~ ~.,...""~.,,...
97