HomeMy WebLinkAboutPD-24-97DWSUB- AGRUATHE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File #X7-)\Q, N
Date: Monday, February 17, 1997 Res. # ' n
Report #: PD -24 -97 File #: 18T -92011 (40M -1847) By -law #�
Subject: AMENDMENT TO SUBDIVISION AGREEMENT
KIDDICORP INVESTMENTS LIMITED
DRAFT PLAN OF SUBDIVISION 18T -92011
REVISION TO SCHEDULE "A" - LEGAL DESCRIPTION
FILE: 18T -92011 (40M -1847)
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD -24 -97 be received;
2. THAT the request submitted by Mr. George L. Smith, Lawyer on behalf of
Kiddicorp Investments Limited to amend the legal description contained within the
Kiddicorp Investments Limited Subdivision Agreement to include the lands
recently purchased by Kiddicorp Investments Limited, described as Part 1 on Plan
40R- 16205, BE APPROVED;
3. THAT the by -law attached hereto authorizing the Mayor and Clerk to execute an
amending agreement between Kiddicorp Investments Limited and the Municipality
of Clarington to amend Schedule "A" - the legal description be forwarded to
Council for approval; and
4. THAT all interested parties listed in this report and any delegation be advised of
Council's decision.
1. BACKGROUND
1.1 At a meeting held on September 12, 1994, Council, in considering draft Plan of
Subdivision 18T- 92011, passed the following resolution:
"THAT Report PD -98 -94 be received:
THAT the Region of Durham be advised that the Municipality of Clarington
recommends approval of draft Plan of Subdivision 18T -92011 dated November
1993, as revised in red, subject to the conditions contained in Attachment No. 1
to Report PD- 98 -94;
o
THAT the Mayor and Clerk be authorized by by -law to execute the Subdivision
Agreement between the Owner of the proposed draft plan of subdivision and the
Corporation of the Municipality of Clarington at such time as an Agreement has
been finalized to the satisfaction of the Director of Public Works and the Director
of Planning and Development."
1.2 Draft approval for Plan of Subdivision 18T -92011 was subsequently issued by the
Region of Durham on August 1st, 1995. Listed amongst the conditions of draft
approval was the requirement that the Owner enter into a Subdivision Agreement
with the Municipality to satisfy all the Municipality's requirements, financial and
otherwise.
1.3 A Subdivision Agreement between the Municipality of Clarington and Kiddicorp
Investments Limited was registered on title on July 22, 1996 as Instrument No.
LT763195.
2. STAFF COMMENTS
2.1 When draft approval was issued by the Region of Durham, the lands contained
within the Plan were jointly owned by Kiddicorp Investments Limited and Mr.
Norm Hanaka. The Subdivision Agreement registered on title on July 22, 1995
addressed only the lands owned by Kiddicorp Investments Limited. Mr. Hanaka
at that time did not wish to proceed with the development and eventual
registration of his lands.
2.2 Kiddicorp Investments Limited, subsequently proceeded with the registration of
Plan 40M -1847, being the first phase of the lands described in their subdivision
agreement.
2.3 Recently, Kiddicorp Investments Limited finalized the purchase of a small portion
of Mr. Hanaka's lands. Due to the dual ownership pattern within the draft plan,
a portion of lot number nine (9) was owned by both parties. Kiddicorp's purchase
i
REPORT ■D PAGE 3
of the rear portion of lot number nine (9) from Mr. Hanaka will allow the
registration of the last phase of Plan 18T -92011 contained within the Subdivision
Agreement,
2.4 In order to permit the registration of the last phase of the Kiddicorp lands within
Plan 18T- 92011, the Subdivision Agreement must be amended to include the
lands purchased from Mr. Hanaka.
3. CONCLUSIONS
3.1 In light of the above comments, staff would have no objection to the amending
of the Subdivision Agreement between Kiddicorp Investments Limited and the
Municipality thereby permitting Kiddicorp Investments Limited to register the final
phase of 18T- 92011.
Respectfully submitted,
Franklin Wu, M.C.I.P., R.P.P.
Director of Planning
and Development
LT *FW *df
Attach
11 February 1997
Reviewed by,
W.H. Stockwell
Chief Administrative
Officer
Interested parties to be notified of Council and Committee's decision:
Mr. George L. Smith
Lawyer
226 Queen Street
P.O. Box 5243
Port Perry, Ontario
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MLAND PURCHASED BY KIDDICORP INVESTMENTS
LIMITED FROM MR. NORM HANAKA
612
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NUMBER 97-
being a By -law to authorize the entering into an amending Agreement with Kiddicorp
Investments Limited, the Owners of Plan of Subdivision 18T- 92011, and the Corporation
of the Municipality of Clarington in respect of Plan 1 ST- 92011.
AND WHEREAS Council on September 12, 1994, approved draft Plan of Subdivision
18T -92011 and authorized the execution of a Subdivision Agreement with the Owner;
AND WHEREAS Kiddicorp Investments Limited, being the Owners of draft Plan of
Subdivision 18T -92011 did enter into a Subdivision Agreement registered on title on July
22, 1996 as Instrument No.LT763195;
AND WHEREAS Kiddicorp Investments Limited has requested that the Subdivision
Agreement be amended to incorporate the lands described as Part 1 on Plan 40R -16205
within Schedule "A" of said Agreement;
NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the
Municipality of Clarington hereby enacts as follows:
1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of the
Corporation of the Municipality of Clarington, and seal with the Corporation's seal,
an amending Agreement between Kiddicorp Investments Limited, the Owners of
Plan of Subdivision 18T- 92011.
BY -LAW read a first time this day of 1997.
BY -LAW read a second time this day of 1997.
BY -LAW read a third time and finally passed this day of 1997.
MAYOR
CLERK
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