HomeMy WebLinkAboutPD-231-92 THE CORPORATION OF THE I OWN OF NEWCASILE
DN: SUCEE.GPA
REP OR T
Meeting General Purpose and Administration Committee File
Date Monday, November 16, 1992 Res # -A -11
PD-231 -92 1OM-748 By-Law N
Repoit-9 File#d
Subject SUCEE SUBDIVISION - BURKETON
CERTIFICATE OF RELEASE
FILE: 1OM-748
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-231 -92 be received;
2 . Pursuant to the provisions of Paragraph 54 of the Subdivision
Agreement between the Town and Ronald J. Sucee and Gurtrude
Irene Sucee, the Town 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 Town of Newcastle the "Certificate of
Release" ; and
4 . THAT Ronald J. Sucee and Gertruce Irene Sucee be informed of
Council's decision.
1. BACKGROUND
1. 1 The Town entered into a Subdivision Agreement on November 6,
1980 with Ronald J. Sucee and Gertruce Irene Sucee to develop
the lands by plan of subdivision, described as Plan 10M-748 .
1. 2 Paragraph 54 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.
2
D1
REPORT NO. : PD-231-92 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
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
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
. . . . 3
1.) ( 7
REPORT NO. : PD- 231-92 PAGE 3
issuance of the "Certificate of Acceptance" and the Town's
receipt of an Ontario Land Surveyor's confirmation (October
28, 1992) have been completed.
2 . 2 Council, at their June 22 , 1992 meeting endorsed Staff Report
WD-51-92 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 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 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 1OM-
748 .
Respectfully submitted, Recommended for presentation
to the Committee
Franklin Wu, M.C. I.P. Lawrence E. 11(6tsbff
Director of Planning Chief Adminis tive
and Development Officer
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*Attach
2 November 1992
518
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 92-
being a By-law to authorize the release of an Agreement with Ronald
J. Sucee and Gertrude Irene Sucee and the Corporation of the Town
of Newcastle for the development of Plan of Subdivision 1OM-748.
The Council of the Corporation of the Town of Newcastle hereby
enacts as follows:
1. THAT the Mayor and Clerk are hereby authorized to execute on
behalf of the Corporation of the Town of Newcastle, and seal
with the Corporation's seal, the release of an Agreement
between Ronald J. Sucee and Gertrude Irene Sucee and the said
Corporation.
2. THAT the Mayor and Clerk are hereby authorized to accept, on
behalf of the Town, the said conveyances of lands required pursuant
to the aforesaid Agreement.
BY-LAW read a first time this day of , 1992
BY-LAW read a second time this day of , 1992
BY-LAW read a third time and finally passed this day of
1992.
MAYOR
CLERK
5 10
R E L E A S E
THIS INDENTURE made (in triplicate) this day of ,
1992.
BETWEEN:
THE CORPORATION OF THE TOWN OF NEWCASTLE,
hereinafter called the "Corporation" OF THE FIRST PART
and -
RONALD J. SUCEE AND GERTRUDE IRENE SUCEE,
hereinafter called the "Owner" OF THE SECOND PART
WHEREAS the Owner entered into a Subdivision Agreement with the
Corporation dated the 6th day of November, 1980 and registered in
the Registry Office for the Land Titles Division of Newcastle (No.
10) on the 3rd day of March, 1981 as Instrument No. 943 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. 5620, 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)
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 10M-748.