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HomeMy WebLinkAboutPD-128-95 oN ReLeaseGPaTHE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting, General Purpose and Administration Committee File # Date: Monday, November 20, 1995 Res Report #: PD-128-95 File #: 1OM-828 By-law # �/ Subject. REMI COURT SUBDIVISION 10M 828 CERTIFICATE OF RELEASE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following. 1. THAT Report PD-128-95 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 April 11, 1989 with Foster Creek Developments Ltd. to develop the lands by plan of subdivision, described as Plan 10M 828. 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 of Land Titles office at such time that the following items have been confirmed .. 2 562 REPORT NO. PD-128-95 PAGE 2 (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 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 Municipality's receipt of an Ontario Land Surveyor's confirmation, have been completed. 2.2 Council, at their October 16, 1995 meeting endorsed Staff Report WD-42-95 and authorized the issuance of a Certificate of Acceptance. ...3 563 REPORT NO. PD- -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. 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 10M 828. Respectfully submitted, Reviewed by, Franklin Wu, M.C.I.P., R.P P., W. H. Stockwell t Director of Planning Chief Administrative and Development Officer LDT*FW*cc Attach. November 7, 1995 Interested parties to be notified of Council and Committee's decision j Foster Creek Developments Ltd 85 king Street West, Unit 2, Newcastle, Ontario L1 B 112 I 564 i REM n m O c - r MUNROE STREET REMI CO UR T �a SUBDIVISION RADY w I OM-828 DRIVE BLOCK PLAN 1 M-828 (STREE WIDEN IN ) _ H O Z S JEC N `_'� Knq Slral Hso QL e a E I CA S TLE 401 565 KEY MAP DN RBLM5GPA 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 Developments Ltd and the Corporation of the former Town of Newcastle, now the Municipality of Ciarmgton, for the development of Plan of Subdivision 10M-828 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 566 ON F*L EOVA 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 - FOSTER CREEK DEVELOPMENTS LTD hereinafter called the "Owner" OF THE SECOND PART WHEREAS the Owner entered into a Subdivision Agreement with the Corporation dated the 11th day of April, 1989 and registered in the Registry Office for the Land Titles Division of Newcastle (No, 10) on the 26th day of April 1989, as Instrument No 18906 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 ($200) 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 herembefore recited Subdivision Agreement as set out in Instrument No 18906, 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) 567 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 1OM-828 568