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HomeMy WebLinkAboutPD-299-89TOWN OF NEWCASTLE REPORT File #DNsR1 rs Res. # By -taw # MEETING: General Purpose and Administration Committee DATE: November 20, 19 8 9 REPORT #: PD- 299 -89 FILE #: 10M -749 StRJECT: RILLS OF LIBERTY NORTH EAST WOODBRIDGE DEVELOPMENT LTD. & MUTT ENTERPRISES LIMITED CERTIFICATE OF RELEASE ($ -1X23 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 299 -89 be received; 2. Pursuant to the provisions of Paragraph 54 of the Subdivision Agreement between East Woodbridge Developments Limited and the Town of Newcastle, the Town has no objections to the issuance of a "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 "; 4. THAT East Woodbridge Developments Limited be informed of Council's decision. 1. BACKGROUND: 1.1 The Town entered into a Subdivision Agreement on July 13, 1981 with East Woodbridge Developments Limited and Mutt Enterprises Limited to develop lands by plan of subdivision, commonly ...2 Nwelwl referred to as the Rills of Liberty North, located in the former Township of Darlington and described as Plan 1OM -749. 1.2 Paragraph 54 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 (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 59(3) confirms that the Owner shall reimburse the ...3 • 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 September 18, 1989 meeting endorsed the Works Department Staff Report WD -73 -89 and authorized the issuance of a Certificate of Acceptance. 2.3 In addition to the Town's receipt of the Ontario Land Surveyor's Certificate, the Works Department advises that the requirements of the subdivision Agreement have been completed to the Directors 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 Agreement and the Owner's acceptance of the conditions for applying for municipal building permits. 3. CONCLUSIONS: 3.1 In consideration of the above, Staff would have no objections to the issuance of the Certificate of Release for Plan 1OM- 749. ...4 * 0 0 Respectfully submitted, r Franklin Wu, M.C.I.P. Director of Planning and Development LDT*FW*jip October 2, 1989 Ir Recommended for presentation to the Committee Lawrence Kotseff Chief A� istrative Of f icer P INTERESTED PARTIES TO BE NOTIFIED OF COMMITTEE AND COUNCIL'S DECISION: East Woodbridge Developments Ltd. 7501 Keele Street Suite 200, Box 5000 CONCORD, Ontario L4K 1B6 R E L E A S E THIS INDENTURE made (in triplicate) this day of , 1989. BETWEEN: THE CORPORATION OF THE TOWN OF NEWCASTLE hereinafter called the "Corporation" OF THE FIRST PART - and - EAST WOODBRIDGE DEVELOPMENTS LIMITED AND MUTT ENTERPRISES LIMITED hereinafter called the "Owner" OF THE SECOND PART WHEREAS the Owner entered into a Subdivision Agreement with the Corporation dated the 13th day of July, 1981 and registered in the Registry Office for the Land Titles Division of Newcastle (No. 10) on the 24th day of July, 1981 as Instrument No. 1008 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. 1008, 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) (CLERK) ,577 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 1OM -749. 578 t� 5 k'