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HomeMy WebLinkAboutPD-121-92 THE CORPORATION OF THE TOWN OF NEWCASTLE ON: KASSINGE.GPA D~e: Tuesday, May 19, 1992 File # ~)\;j. \ fT. Q Res. # ~,L}/l- - .3%7- 9.?-.J , # ~;< - /310 Meeting: General Purpose and Administration Committee #: PO-121 -92 File #: 10M-809 HIGHLAND GARDENS - H. KASSINGER CONSTRUCTION LIMITED 10M-809 CERTIFICATE OF RELEASE FILE: 10M-809 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PO-121-92 be received; 2. Pursuant to the provisions of Paragraph 5.26 of the Subdivision Agreement between the Town and H. Kassinger Construction Limited, 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 H. Kassinger Construction Limited be informed of Council's decision. 1. BACKGROUND 1.1 The Town entered into a Subdivision Agreement on June 30, 1988 with H. Kassinger Construction Limited to develop the lands by plan of subdivision, described as Plan 10M-809. 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) a registered ontario Land Surveyor, approved by the Municipality, has provided the municipality with written nEp~YpCE\'lED PAPIErI RECYCLE T1HS IS PfWHEDON RECYCLED PAPER REPORT NO.: PD-121-92 PAGE 2 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 Agreements, 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 February 10, 1992 meeting endorsed Staff Report WD-13-92 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. ',' ~) REPORT NO.: PD-121 -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 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-809. Respectfully submitted, Recommended for presentation to the Committee (~J Franklin Director of Planning and Development ,? l' ('i'l \/j )'vVJ\Q_~\t (ju1L/ . Lawrence E. Kot1~ff Chief Administrtif~ Off icer 1\.) LDT*FW*df *Attach 30 April 1992 c) 8 6 o <t o 0:: HIGHLAND IOM-B09 >- ILl ..J o o I- STREET DRIVE OBAN ILl (!) 0:: o ILl (!) ~ SUBJECT ~IS/TE 5 R '., \j / ROAD 1\ ILl ::> z ILl ~ o o o ;= 0:: u: ALDER BROOK I THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 92-_ being a By-law to authorize the release of an Agreement with H. Kassinger Construction Limited and the Corporation of the Town of Newcastle for the development of Plan of Subdivision 10M-809. 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 H. Kassinger Construction Limited 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 588 RELEASE THIS INDENTURE made (in triplicate) this 1992. BETWEEN: day of - and - THE CORPORATION OF THE 'I'(MN OF NEWCASTLE, hereinafter called the "Corporation" OF THE FIRST PART H. KASSINGER CONSTRUCTION LIMITED 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 30th day of June 1988 as Instrument No. 13201 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 sam~ 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. 13201, 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) ':,"l 589 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-809. (t /'