HomeMy WebLinkAboutPD-119-92
THE
ON: CLARET.GPA
OF THE TOWN OF NEWCASTLE
PO-119 -92
10M 790, 792, 80S, 806 and 807
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Meeting: General Purpose and Administration Committee
Date:
Tuesday, May 19, 1992
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COURTICE HEIGHTS SOUTH - SUBDIVISION AGREEMENT
REGISTERED PLANS 10M 790, 792, 80S, 806 AND 807
CERTIFICATE OF RELEASE
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PO-119-92 be received;
2. Pursuant to the provisions of Paragraph 5.26 of the
Subdivision Agreement between the Town and Claret
Investments Limited and Rexgate Holdings Limited and, 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 Claret Investments Limited and Rexgate Holdings Limited
be informed of Council's decision.
1. BACKGROUND
1.1 The Town entered into a Subdivision Agreement on January 24,
1983 with Claret Investments Limited and Rexgate Holdings
Limited to develop the lands by plan of SUbdivision,
described as Plan 10M 790, 792, 80S, 806 and 807.
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 of land Titles office at such
time that the following items have been confirmed. ....2
flECYCI.(1) PAPIER
PAPER RECYCLE
TljkS IS PR!NllD ON RECYCLED PAPER
REPORT NO.: PO-119-92
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 rounding, 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 24,
Report WO-20-92 and authorized
of Acceptance.
1992 meeting endorsed Staff
the issuance of a certificate
....3
REPORT NO.: PO-119-92
PAGE 3
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 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
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 790, 792, 805, 806 and 807.
Respectfully submitted,
Recommended for presentation
to the Committee
(~)
2~~f-QAr{ ~~iJ
Lawrence E. Kotseffl
Chi7f Administrit\~e
Offlcer 'Ii
I \1
, \
Franklin
Oirector of Planning
and Oevelopment
LOT*FW*cc
*Attach
1 May 1992
Interested parties to be notified of Council and Committee's
decision:
Claret Investments Limited
c/o WOM Consultants
20 Clematis Road
WILLOWOALE, ontario M2J 4X2
2..
COUR~T/CE HEIGItI.~
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SUBJECT
SITE
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KEY MAP II
573
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 92-_
being a By-law to authorize the release of an Agreement with
Claret Investments Limited and Rexgate Holdings Limited and the
Corporation of the Town of Newcastle for the development of Plan
of Subdivision 10M-790, 792, 805, 806 and 807.
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 Claret Investments Limited and Rexgate Holdings
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
1992
day of
BY-LAW read a second time this
1992
day of
BY-LAW read a third time and finally passed this
, 1992.
day of
MAYOR
CLERK
.'
574
R E LEA S E
THIS INDENTURE made (in triplicate) this
1992.
BETWEEN:
day of
THE CORPORATION OF THE TOWN OF NEWCASTLE,
hereinafter called the "Corporation" OF THE FIRST PART
- and -
CLARET INVESTMENT LIMITED AND REXGATE HOLDINGS LIMITED,
hereinafter called the "Owner" OF THE SECOND PART
WHEREAS the Owner entered into a Subdivision Agreement with the
Corporation dated the 24th. day of January, 1983 and registered
in the Registry Office for the Land Titles Division of Newcastle
(No. 10) on the 22nd. day of September, 1983 as Instrument No.
1386 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. 1386 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)
c~c:
J/J
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-790.
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-792.
.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-80S.
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-806.
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-807.
576