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Home My WebLink AboutPD-26-91 Y j ."" " y•J., TOWN OF NEWCASTLE r :.T RELEASE2 .GPA REPORT Fi le # f') `,- . Res. # b �N By-Law # METING: General Purpose and Administration Committee DATE: Monday, January 21, 1991 REPORT #: PD- 26 -91 FILE #: 1OM-779 SUBJECT: FRAB INVESTMENTS LIMITED PLAN 1OM-779 (18T-84045) CERTIFICATE OF RELEASE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report PD- 26 -91 be received; 2 . Pursuant to the provisions of Paragraph 5.26 of the Subdivision Agreement between the Town and Frab Investments Limited ( 10M-779 ) , 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 Frab Investments Limited be informed of Council 's decision. 1 . BACKGROUND: 1 . 1 The Town entered into a Subdivision Agreement on April 22, 1985 with Frab Investments Limited to develop the lands by Plan of Subdivision, described as Plan 1OM-779 . . . .2 REPORT NO. : PD-26 -91 PAGE 2 1 .2 Paragraph 5 . 26 within this 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. ( 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 3 . 13(3) confirms that the Owner shall reimburse the Municipality for all reasonable legal expenses incurred for . . .3 REPORT NO. : PD- 26 -91 PAGE 3 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 December 10th, 1990 meeting endorsed Staff Report WD-96-90 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 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 .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 10M- 779 . . . .4 REPORT NO. : PD- 26 -91 PAGE 4 Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I .P. Lawrenc . Kotseff Director of Planning Chief A e 'nistrative and Development Officer , LDT*FW*jip *Attach. 24 December 1990 INTERESTED PARTIES TO BE NOTIFIED OF COUNCIL AND COMMITTEE'S DECISION: Frab Investments Limited c/o McGibbon, Bastedo, Armstrong and Armstrong Barristers & Solicitors 32 Simcoe Street South P.O. Box 2396 OSHAWA, Ontario L1H 7V6 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 91- being a By-law to authorize the release of an Agreement with Frab Investments Limited and the Corporation of the Town of Newcastle for the development of Plan of Subdivision 1OM-779. 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, an Agreement between Frab Investments Limited and the said Corporation. 2. THAT the Mayor and Clerk are hereby authorized to accept, on behalf of the Town, the said conveyances of land required pursuant to the aforesaid Agreement. BY-LAW .read a first time this day of , 1991 BY-LAW read a second time this day of , 1991 BY-LAW read a third time and finally passed this day of 1991. MAYOR CLERK I I R E L E A S E THIS INDENTURE made (in triplicate) this day of , 1991. BETWEEN: If THE CORPORATION OF THE TOWN OF NEWCASTLE, hereinafter called the "Corporation" OF THE FIRST PART - and - FRAB INVESTMENTS LIMITED hereinafter called the "Owner" OF THE SECOND PART WHEREAS the Owner entered into a Subdivision Agreement with the Corporation dated the 22nd day of April, 1985 and registered in the Registry Office for the Land Titles Division of Newcastle (No. 10) on the 10th day of March, 1986 as Instrument No. 3499 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. 3499, 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 I0M-779. i f O F O SHAWA ell hYO� �� tB T" ¢ TOWNLINE ROAD S REGIONAL ROAD 55 "V^9IOK 14, -- Z I N G S W O O D / I N I Oil A06 0 �e., DRVVE L _E�dP1RE m CRES P7 2 m F FOXHUNT TRAIL o DARLINGTON BOULEVARD o � � z � I v � cyo P � O -i m