HomeMy WebLinkAboutPD-27-91 TOWN OF NEWCASTLE
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Res. #
By-Law # -
hEETING: General Purpose and Administration Committee
DATE: Monday, January 21, 1991
REPORT #: PD- 27 -91 FILE #: 1OM-796
SUBJECT: KINGSBERRY PROPERTIES
PLAN 1OM-796 (18T-79038)
CERTIFICATE OF RELEASE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1 . THAT Report PD-27 -91 be received;
2 . Pursuant to the provisions of Paragraph 5 .26 of the
Subdivision Agreement between the Town and Kingsberry
Properties (Plan 1OM-796) , 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 Kingsberry Properties be informed of Council 's decision.
1. BACKGROUND:
1 . 1 The Town entered into a Subdivision Agreement in July, 1987
with Kingsberry to develop the lands by Plan of Subdivision,
described as Plan 1OM-796 .
. . .2
REPORT NO. : PD- 27 -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 Agreements,
Paragraph 3 . 13( 3) confirms that the Owner shall reimburse the
Municipality for all reasonable legal expenses incurred for
. . . 3
REPORT NO. : PD- 27 -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 10, 1990 meeting endorsed Staff
Report WD-95-90 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 1OM-
796 .
. . . 4
z ,
REPORT NO. : PD- 27 -91 PAGE 4
Respectfully submitted, Recommended for presentation
to the Committee
Franklin Wu, M.C. I .P. Lawrence E. seff
Director of Planning Chief Admini ative
and Development Officer
LDT*FW*jip
*Attach.
24 December 1990
INTERESTED PARTIES TO BE NOTIFIED OF COUNCIL AND COMMITTEE'S
DECISION:
Kingsberry Properties
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 K.zngsberry
Properties and the Corporation of the Town of Newcastle for the development
of Plan of Subdivision IOM-796.
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 Kingsberry
Properties and the said Corporation.
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
R E L E A S E
THIS INDENTURE made (in triplicate) this day of ,
1991 .
BETWEEN:
THE CORPORATION OF THE TOWN OF NEWCASTLE,
hereinafter called the "Corporation" OF THE FIRST PART
- and -
KINGSBERRY PROPERTIES,
hereinafter called the "Owner" OF THE SECOND PART
WHEREAS the Owner entered into a Subdivision Agreement with the
Corporation registered in the Registry office for the Land Titles
Divis..on of Newcastle (No. 10) on the 18th day of August, 1987 as
Instrument No. 9266 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. 9266, 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)
I
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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 IOM-796.
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