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Home My WebLink AboutPD-301-89 TOWN OF NEWCASTLE REPORT File' 3 s Res. # By-Law # STING: General Purpose and Administration Committee DATE: November 20, 19 8 9 REPORT #: PD-301-89 FILE #: 1OM-756 AND 1OM-768 SMECT: 1) KIDDICORP INVESTMENTS LTD./RORERO LTD. - PLAN 1OM-756 2) 464367 ONTARIO LTD. , ANTHONY KLOMPMAKER AND RITA KLOMPMAKER - PLAN 1OM-768 CERTIFICATE OF RELEASE RECOMMENDATIONS: I It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: j 1. THAT Report PD- 301-89 be received; 2 . Pursuant to the provisions of Paragraph 5.26 of the Subdivision Agreements between the Town and Kiddicorp Investments Ltd. /Rorero Limited (Plan 1OM-756) and 464367 Ontario Limited, Anthony Klompmaker and Rita Klompmaker (Plan 10M-768) , the Town has no objections to the issuance of the "Certificate of Release" ; I 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 i 4 . THAT Kiddicorp Investments Limited/Rorero Limited and 464367 Ontario Limited, Anthony Klompmaker and Rita Klompmaker be informed of Council's decision. 1. BACKGROUND: 1. 1 The Town entered into a Subdivision Agreement on September 23, 1985 with 464367 Ontario Limited and Anthony Klompmaker 586 REPORT NO. : PD-301 -89 PAGE 2 and Rita Klompmaker, and on May 14, 1984 with Kiddicorp Investments Limited/Rorero Limited, to develop the lands by plan of subdivision, described as Plans 1OM-756 and 1OM-768. 1.2 Paragraph 5 .26 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. ( 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 . . . 3 587 REPORT NO. : PD- 301 -89 PAGE 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 Staff Reports WD-71-89 and WD-64-89 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 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 Plans 1OM- 756 and Plan 1OM-768 . . . .4 X88 REPORT NO. : PD-301 -89 PAGE 4 Respectfully submitted, Recommended for presentation to the Committee t. Franklin Wu, M.C. I .P. Lawrence E?. Kotseff Director of Planning Chief A* nistrative and Development Officer LDT*FW*jip October 2, 1989 INTERESTED PARTIES TO BE NOTIFIED OF COMMITTEE AND COUNCIL'S DECISION: 464367 Ontario Limited c/o Mr. R.B. Craig R.R. #5 BOWMANVILLE, Ontario L1C 3K6 Anthony Klompmaker R.R. #1 BOWMANVILLE, Ontario L1C 3K2 Kiddicorp Investments Ltd. / Rorero Limited c/o Halminen Homes 1748 BaselineRoad Group 10, Box 7 R.R. #2 BOWMANVILLE, Ontario L1C 3K3 5 R 9 1 f w KIN iTfft U a M-769 o HA R IELD �I oePYFIEU do M-787 L cY DR. M-783 M-759 DEVOND E GATE M-809 SUBJECT y M-757 oI� SITE 57 �� s oR� NASl' ROA OAI.E w t M-760 22 o M-76 K M-747 � 0 2 HIGHWAY M 777 OLD QS'roN RO P R AV STIRLING A M-792 Q DR. STRATHA A DR. H (� W r M-80 f- M-797 STEPHEN a 1 D 0 U O ° � DR z �= y M-790 ° 2 W j Ml x O ARET x 0UR T Q� M-805 M-806 -821 W J J > j Y 2 O OAKES b RD. 0 � Q 2 J 4 REG. RD. 92 13LOOR ONC S SUBJECT SITE BvTT�RY COURT COU1RT G1.EC� T TAVR15 CpU MARYLRT 0 COV t� N _ n ' w ' v W 0 ANpE�pORT a 0 NASH ROAD LL co s�, 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 - 464367 ONTARIO LIMITED ANTHONY KLOMPMAKER AND RITA KLOMPMAKER, hereinafter called the "Owner" OF THE SECOND PART WHEREAS the Owner entered into a Subdivision Agreement with the Corporation dated the 24th day of September, 1985 and registered in the Registry Office for the Land Titles Division of Newcastle (No. 10) on the 27th day of September, 1985 as Instrument No. 2728 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. 2728, 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) 592 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-768. 59 � • 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 - KIDDICORP INVESTMENTS LIMITED RORERO LIMITED carrying on business as BLACKCREEK DEVELOPMENTS, hereinafter called the "Owner" OF THE SECOND PART WHEREAS the Owner entered into a Subdivision Agreement with the Corporation dated the 14th day of May, 1984 and registered in the Registry Office for the Land Titles Division of Newcastle (No. 10) on the 2nd day of August, 1984 as Instrument No. 1672 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 ---------------- ---------------------------------($2.40)------------------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. 1672, 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) 594 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-756. 595