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Home My WebLink AboutPD-50-94�N THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: CASHEI.GPA REPORT Meeting: General Purpose and Administration Committee Date: Monday, May 2, 1994 PD -50 -94_ 1OM -834 Report File :._ Subject: CASTLE HEIGHTS SUBDIVISION 1OM -834 CERTIFICATE OF RELEASE File # j2-LA, Res. # .S By -Law # c% Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -50 -94 be received; 2. Pursuant to the provisions of Paragraph 5.26 of the Subdivision Agreement between the Municipality and Kingsberry Properties, the Municipality 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 Municipality of Clarington the "Certificate of Release "; and 4. THAT Kingsberry Properties informed of Council's decision. 1. BACKGROUND 1.1 The Town entered into a Subdivision Agreement on February 14, 1990 with Kingsberry Properties to develop the lands by plan of subdivision, described as Plan 1OM -834. 1.2 Paragraph 5.26 within the 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 JU PAPER E Y€ E THS B PRIMED O 4 RECYCLED PAPER REPORT NO.: PD -50 -94 PAGE 2 (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 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 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 March 28, 1994 meeting endorsed Staff Report WD -18 -94 and authorized the issuance of a Certificate of Acceptance. 2.3 In addition to the Municipality's receipt of the Ontario Land Surveyor's Certificate, the Public Works Department advises f that the requirements of the Subdivision D U 2 REPORT NO.: PD- 50 -94 PAGE 3 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 Agreement 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 1OM -834. Respectfully submitted, Franklin Wu, M.CIP. Director of Planning and Development LDT *FW *df Attach 14 April 1994 Reviewed by, W.H. Stockwell Chief Administrative Officer Interested parties to be notified of Council and Committee's decision: Kingsberry Properties Ltd. 319 College Avenue Box 11 Oshawa, Ontario. Attn: Mr. Mark Foley o G LL- ROAD m ASTLE H IGHTS UBDI VI S HI RST CRES I OM- 4 0 SANDR/ GHAM c� Dw fir- Y U J . rn o Np YORKVILLE — CRESCENT DRIVE RT m r— J Q Q - O NHor J J Highway No. 2 I ° e rive 0 h KEY MAP � U 4 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NUMBER 94- being a By -law to authorize the release of an Agreement with Kingsberry Properties and the Corporation of the Municipality of Clarington for the development of Plan of subdivision IOM -834 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 Agreement between Kingsberry Properties and the said Corporation. 2. THAT the Mayor and Clerk are hereby authorized to accept, on behalf of the Municipality, the said conveyances of lands required pursuant to the aforesaid Agreement. BY -LAW read a first time this day of 1994. BY -LAW read a second tim this day of 1994. BY -LAW read and third time and finally passed this day of , 1994 MAYOR CLERK JUG RELEASE THIS INDENTURE made (in triplicate) this day of 1994. BETWEEN: -and - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON hereinafter called the "Corporation" OF THE FIRST PART KINGSBERRY PROPERTIES hereinafter called the "Owner" OF THE SECOND PART WHEREAS the Owner entered into a Subdivision Agreement with the Corporation dated the 14th day of February 1990 and registered in the Registry Office for the Land Titles Division of Newcastle (No. 10) on the 22nd day of February 1990 as Instrument No. 25390 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 Scheduled "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. 25390, with the exception of the Owner's responsibility for drainage as provided therein and 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 MUNICIPALITY OF CLARINGTON MAYOR CLERK DESCRIPTION SCHEDULE "A" ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the former Town of Newcastle, now the Municipality of Clarington in the Regional Municipality of Durham and Province of Ontario, and being composed of Parcels Plan 10M -834,