HomeMy WebLinkAboutPD-40-95DN: RELEASE.,, HE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File # 171 2 i LT- '5 S'o
Date: Tuesday, April 18, 1995 Res. # 6W-,;) �'5
Report #. PD -40 -95 File #: 40M 1669 By -law #
Subject: 708545 ONTARIO LIMITED - SPRINGFIELD SUBDIVISION
PHASE 1 PLAN 40M 1669
CERTIFICATE OF RELEASE
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD -40 -95 be received;
2. Pursuant to the provisions of Paragraph 5.26 of the
Subdivision Agreement between the Municipality and 708545
Ontario Limited, 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 708545 Ontario Limited be informed of Council's
decision.
1. BACKGROUND
1.1 The Municipality entered into a Subdivision Agreement on
August 15, 1991 with 708545 Ontario Limited to develop the
lands by plan of subdivision, described as Plan 40M 1669.
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
REPORT NO.: PD-40-95 PAGE 91
(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
the land described
under this Agreeme:
responsibility for
Owner's acceptance
municipal building
Release shall operate as a discharge of
therein of all obligations of the Owner
at with the exception of the Owner's
drainage as provided herein and the
of the conditions for applying for
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
Municipality's receipt of an Ontario Land Surveyor's
confirmation, have been completed.
2.2 Council, at their April 10, 1995 meeting endorsed Staff
Report WD -7 -95 and authorized the issuance of a Certificate
of Acceptance.
....3
REPORT NO.: PD -40 -95 PAGE 3
2.3 In addition to the Municipality's receipt of the Ontario
Land Surveyor's Certificate for the 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. Furthermore, the Community
Services Department advises that the park development within
Plan 40M 1669 has been completed to the Director's
satisfaction.
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 40M 1669.
Respectfully submitted,
J �\ 1x1
Franklin Wu, M.C.I.P., R.P.P.
Director of Planning
and Development
LDT *FW *cc
*Attach
7 April 1995
Reviewed by,
W. H. Stockwell
Chief Administrative
Officer
Interested parties to be notified of Council and Committee's
decision:
708545 Ontario Limited
390 bay Street, Suite 1710
TORONTO, Ontario M5H 2Y2
SUBJECT SITE
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PHASE ONE (40M -1669)
W: AELE/SE WA
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NUMBER 95-
being a By -law to authorize the Release of an Agreement with 708545 Ontario Limited
and the Corporation of the former Town of Newcastle, now the Municipality of
Clarington, for the development of Plan of Subdivision 40M -1669.
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 708545 Ontario Limited 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
DN: PELE/SE WA
RELEASE
THIS INDENTURE made (in triplicate) this day of 1995.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
hereinafter called the "Corporation" OF THE FIRST PART
- and - 708545 ONTARIO LIMITED
hereinafter called the "Owner" OF THE SECOND PART
WHEREAS the Owner entered into a Subdivision Agreement with the Corporation
dated the 15th day of August, 1991 and registered in the Registry Office for the Land
Titles Division of Newcastle (No. 10) on the 18th day of September 1991, as
Instrument No. NL 34927 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. NL 34927, 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 40M -1669
:) 40