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HomeMy WebLinkAboutPD-11-95THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN:FOS-CRK.GPA REPORT Meeting: General Purpose and Administration Committee Date: Monday, February 6, 1995 Report PD -11 -95 File 10M -799, 810 and 811 FOSTER CREEK SUBDIVISION Subject: PLAN 10m-799,810 AND 811 CERTIFICATE OF RELEASE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -11 -95 be received; 2. Pursuant to the provisions of Paragraph 5.26 of the Subdivision Agreement between the Municipality and Foster Creek Developments Ltd., 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 Foster Creek Developments Ltd. be informed of Council's decision. 1. BACKGROUND 1.1 The Municipality entered into a Subdivision Agreement on June 2, 1987 with Foster Creek Developments Ltd. to develop the lands by Plan of Subdivision, described as Plans 10M -799, 810 and 811. 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 time that the following items have been confirmed. (1) the Certificates of Acceptance has been issued for all of the Works; and L�, PAPER QD ECYCLE THISG PR DON RECYCLED PAPER REPORT NO.: PD -11 -95 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 February 10, 1992 meeting endorsed Staff Report WD -16 -92 and authorized the issuance of a Certificate of Acceptance for Phases 1, 2 and 3. It was noted in their report that the culvert bridge and all associated works within Block 99 (the Edwards Street crossing) was not eligible for a "Certificate of Acceptance" for a minimum of two years. 3. REPORT NO.: PD -11 -95 PAGE 3 2.3 Subsequently, Council at their November 21, 1994 meeting, endorsed Staff Report WD -59 -94 accepting the culvert bridge and all associated works, and authorized the issuance of the Certificate of Acceptance for the outstanding works. 2.4 In addition to the Municipality'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. 2.5 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- 799, 810 and 811. Respectfully submitted, Reviewed by, Franklin Wu, M.C.I.P., R.P.P. Director of Planning and Development LT *FW *df 30 January 1995 hff W.H. Stockwell Chief Administrative Officer LOT 30 LOT m 30 -13o 27 26 25 EMILY CAROLINE z � Z D 0 a U m EDWARD 1 i = U U CERTIFICATE of RELEASE DN: FOS- CRK,AGR RELEASE THIS INDENTURE made (in triplicate) this day of 1995. BETWEEN: -and - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON hereinafter called the "Corporation" OF THE FIRST PART hereinafter called the "Owner" OF THE SECOND PART WHEREAS the Owner entered into a Subdivision Agreement with the Corporation dated the 2nd day of June 1987 and registered in the Registry Office for the Land Titles Division of Newcastle (No. 10) on the 4th day of June 1987, as Instrument No. 135165 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. 135165, 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 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 Municipality of Clarington, in the Regional Municipality of Durham and Province of Ontario, and being composed of parcels Plan 10M -799, 810 and 811 DN: FOS- CRK,BYL THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NUMBER 95- being a By -law to authorize the Release of an Agreement with Foster Creek Development Ltd. and the Corporation of the former Town of Newcastle, now the Municipality of Clarington, for the development of Plan of Subdivision 10M -799, 810 and 811. 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 Foster Creek Developments Ltd, 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 1995. BY -LAW read a second time this day of 1995. BY -LAW read a third time and finally passed this day of ,1995. MAYOR CLERK