HomeMy WebLinkAboutPD-74-93
THE
DN: REL-767.GPA
OF THE TOWN OF NEWCASTLE
Meeting: General Purpose and Administration Committee
Date: Monday, May 3, 1993
PD- 74 -93 10M 767 and 10M 776
Report #: File #:
# 93-h.3
Subject: ROMNEY MEAD SUBDIVISION - FOSTER CREEK DEVELOPMENTS LTD.
PLAN 10M 767 AND 10M 776
CERTIFICATE OF RELEASE
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD- 74 -93 be received;
2. Pursuant to the provisions of Paragraph 5.26 of the
Subdivision Agreement between the Town and Foster Creek
Developments Ltd., 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 Foster Creek Developments Ltd. be informed of Council's
decision.
1. BACKGROUND
1.1 The Town entered into a Subdivision Agreement on June 22,
1985 with Foster Creek Developments Ltd. and an amending
agreement on May 5, 1986 to develop the lands by plan of
subdivision, described as Plans 10M 767 and 10M 776.
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
RECYCLED PAPIER
PAPER RECYCLE:
THIS IS PRI1HEDON RECYCLED PAf'EH
REPORT NO.: PD-74- 93
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 18, 1991 meeting endorsed Staff
Report WD-23-91 and authorized the issuance of a certificate
of Acceptance. ....3
]39
REPORT NO.: PD-7Y4-93
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
Plans 10M 767 and 10M 776.
Respectfully submitted,
Recommended for presentation
to the Committee
Lawrence E. Ko
Chief Administ
Officer
Franklin Wu, M.C.I.P.
Director of Planning
and Development
LDT*FW*cc
*Attach
16 April 1993
Interested parties to be notified of Council and Committee's
decision:
Mr. Ed Vanhaverbeke
Foster Creek Developments Ltd.
214 King Street East
BOWMANVILLE, ontario L1C 1P3
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I DRAWN: J .M. II DATE: FEB. 1991
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 93-_
being a By-law to authorize the release of an Agreement with
Foster Creek Developments Ltd. and the corporation of the Town of
Newcastle for the development of Plan of Subdivision 10M-767 and
10M 776.
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 Foster Creek Developments Ltd. 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
1993.
day of
BY-LAW read a second time this
1993.
day of
BY-LAW read a third time and finally passed this
, 1993.
day of
MAYOR
CLERK
")42
R E LEA S E
THIS INDENTURE made (in triplicate) this
1993.
BETWEEN:
day of
THE CORPORATION OF THE TOWN OF NEWCASTLE,
hereinafter called the "Corporation" OF THE FIRST PART
- and -
FOSTER CREEK DEVELOPMENTS LTD.,
hereinafter called the "Owner" OF THE SECOND PART
WHEREAS the Owner entered into a Subdivision Agreement with the
Corporation dated the 22 day of June, 1985 and registered in the
Registry Office for the Land Titles Division of Newcastle (No.
10) on the 17 day of July, 1985 as Instrument No. 2396 which
Subdivision Agreement affects the lands more particularly
described in Schedule "A" attached hereto;
WHEREAS The Owner entered into an Amending SUbdivision Agreement
with the Corporation dated the 25th. day of April, 1986, and
registered in the Registry Office for the Land Titles Division of
Newcastle (No. 10) on the 5th. day of May, 1986, as Instrument
No. 3852 which Amending 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 and Amending
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 and Amending Agreement as set out in
Instrument No. 2396 and 3852, 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)
S43
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-767.
'J 44
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-776.
'_,45