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Home My WebLink AboutPD-57-93 l°Ft CO ~ORA°fltV OF I~°~ IO OF ~ICS`TLS DN: REL-823.GPA Meeting: General Purpose and Administration Committee Fife ~ < , E Cate: Monday, April 5, 1993 des ~- ,;Z~,~/~~ - PD- 57 -93 10M 823 Cy-~~~~ ~""`T~ Report Fiie Subject: RIDDICORP INVESTMENTS LTD. & NALCO BUILDING COMPONENTS LIMITED SUBDIVISION AGREEMENT - REGISTERED PLANS lOM 823 CERTIFICATE OF RELEASE ~eocrnmer~ati®r~~o It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 57-93 be received; 2. Pursuant to the provisions of Paragraph 5.26 of the Subdivision Agreement between the Town and Kiddicorp Investments Ltd. and Nalco Building Components 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 Kiddicorp Investments Ltd. and Nalco Building Components Limited be informed of Council's decision. 1. BACKGROUND 1.1 The Town entered into a Subdivision Agreement on February 2, 1989 with Kiddicorp Investments Ltd. and Nalco Building Components Limited to develop the lands by plan of subdivision, described as Plan 10M 823. 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 Lime znat the rollowing items have been confirmed. ....2 -- ~ o, P 1111515 PRtMEu uv 11EGYCLED PAP[R PAGE 2 REPORT NO.: PD- -93 (1) The Certificate 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 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 January 11, 1993 meeting endorsed Staff Report WD-3-93 and authorized the issuance of a Certificate ....3 O1 rr....ct:.......C? r1 REPORT NO.: PD- 57 -93 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 823. Respectfully submitted, Recommended for presentation to the Committee 4 . ~ , ~ ~,t r ~ Franklin Wu, M.C.I.P. Lawrence E. Kot~eff Director of Planning Chief Administ~r~~tive and Development Officer LDT*FW*cc *Attach. 16 March 1993 Interested parties to be notified of Council and Committee's decision: Kiddicorp Investments Limited 1748 Baseline Road COURTICE, Ontario LlE 2T1 _ ~ ~ CON~ESS10,~ 3 I. _OT 3 i n.. •z+nr--~+--- • I ~~ou u~ aocs o. .,rlorl LM ~---- ~~..~KN/ M ~r I < ~ O Koa ro rear r r 4'r~ r r .r.«.w.r , 11 ~ ~.-. w.;,• - ' i r s 'x •-- O car ~O :~i ~o . 3 x. W 1, D:R I V E , , ~ x ~ >s = w r ~ { F s ' . . ; ~ x x ~ ' ~ 1 ' t roar ix i u sx t + Q 1 ..L,.,. Ir ~ ttoc+ n .o xx L_• _ .e. r r I I I rav-I I rsv rs a ~ I r~ I re ~ ~ I r ~ ~~C' rO 1 ! i ~ ~ T~f I ~ SUBJECT SITE LOT 32 LOT 31 LOT 30 I ~ A"g t I I I I. ~ -- A I --- % A ~ t o ~ Z ~i ~ A ,N az•z (H)R4 W • ~~R 1 az ~I~ v „t z R22 it" (H)R3 EP ~ EP ~ )R4 (H)R2 U . R2-4 \ 1Lx- ! EP r- U z 1R1 EP R2.2 R I j EP ~•1 ~ ~ I R) NASH ROAD ' ~ /y pp 0 3o ao zno wo.^ _- ~ M HP k. ~ ~ KEY THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 93- being a By-law to authorize the release of an Agreement with Kiddicorp Investments Ltd. and Halco Building Components Limited and the Corporation of the Town of Newcastle for the development of Plan of Subdivision lOM-823. 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 Corporations seal, the release of an Agreement between Kiddicorp Investments Ltd. and Halco Building Components 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 r 1993 BY-LAW read a second time this day of , 1993 BY-LAW read a third time and finally passed this day of 1993. MAYOR CLERK ~ Ir R E L E A S E. this day of ~ THIS INDENTURE made (in triplicate) 1993. BETWEEN: OF NEWCASTLE,, TION OF THE TOWN THE CORPORA oration" OF THE FIRST PART hereinafter called the "Corp - and - RIDDICORP INVESTMENTS LTD. AND HAL(:n RiiZ'DING COMPONENTS LIMITED, hereinafter called the "Owner" OF THE SECOND PART REAS the Owner entered into a Subdivision Agreement with the WHE of February, 1989 and registered Corporation dated the 2nd. day in the Registry Office for the Land Titles Division of Newcastle day of February, 1989 as Instrument No. (No. 10) on the 17th. reement affects the lands more 17712 which Subdivision Ag „ „ attached hereto; particularly described in Schedule A ARID WHEREAS the Owner has satisfied reement withsrespect to then contained in the said Subdivision Ag property described in Schedule "A"; oration has agreed to release the Owner from AND WHEREAS the Corp reement as same affects the the above referred to Subdivis;oattached hereto; lands described in Schedule A the sum of TWO -----'---- NOW THEREFORE in consideration of ________dollars --------------($2.00)---------- '---- oration, the receipt of which is now paid by the Owner to the Corp release and hereby acknowledged the Corporation does hereby all of e the Owner, their successors and assigns, forever discharg attached hereto from the the property described in Schedule "A" reement as set burden of the hereinbefore recited Subdivision of the Owner's out in Instrument No. 17712 with the excep onsibilit for drainage as provided therein and the Owners resp y 1 ing for building permits as acceptance of the conditions for app Y provided therein. oration has hereunto affixed ltro er IN WITNESS WHEREOF tattested to by the signatures of its p p corporate seal duly officers duly authorized in that behalf. THE CORPORATION OF THE TOWN OF NEWCASTLE (MAYOR) (CLERK) _ r~ 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 lOM-823. }