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Home My WebLink AboutPD-302-89 TOWN OF NEWCASTLE N s� REPORT File # �o -4& Res. # ., ��:�-�• By-Law # (SUING: General Purpose and Administration Committee DATE: November 20, 19 8 9 REPORT #: PD- 302-89 FILE #: 1OM-761 AND 1OM-762 SLRJECT: 1) CEAN INVESTMENTS - PLAN 1OM-761 2) 594829 ONTARIO LIMITED & BETTY JO KING - PLAN IOM-762 CERTIFICATE OF RELEASE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-302 -89 be received; 2 . Pursuant to the provisions of Paragraph 5 .26 of the Subdivision Agreements between the Town and Cean Investments ( 10M-761) and 594829 Ontario Limited and Betty Jo King (10M- 762) , the Town has no objections to the issuance of a "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" ; 4 . That Cean Investments and 594829 Ontario Limited and Betty Jo King be informed of Council's decision. 1. BACKGROUND: 1. 1 The Town entered into a Subdivision Agreement on November 27, 1984 with Cean Investments Limited, and on December 13, 1984 . . .2 596 REPORT NO. : PD- 302-89 PAGE 2 and with 594829 Ontario Limited and Betty Jo King to develop the lands by plan of subdivision, described as Plans 1OM-761 and 1OM-762 . 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 . . . 3 597 REPORT NO. : PD- 302 -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 COI-MNTS: 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 Report WD-72-89 and authorized the issuance of a Certificate of Acceptance for Plan 1OM-761 for Plan 1OM-762 . 2 . 3 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. RECOMINENDATIONS: 3 . 1 In consideration of the above, Staff would have no objections to the issuance of the Certificate of Release for Plans 10M- 761 and Plan 1OM-762 . In addition to the Towns receipt of the Ontario Land Surveyors Certificate for each plan, the Works Dept. advises that the requirements of the subdivision Agreement have been completed to the satisfaction of the Director of Public works . . . .4 598 REPORT NO. : PD- 302-89 PAGE 4 Respectfully submitted, Recommended for presentation to the Committee � �d p 0A X - ��`f `i✓ `., � Franklin Wu, M.C.I .P. Lawrence' E. Kotseff Director of Planning Chief AcdmPistrative and Development Officer LDT*FW*jip October 2, 1989 INTERESTED PARTIES TO BE NOTIFIED OF COMMITTEE AND COUNCIL'S DECISION: Cean Investments (Oshawa) Limited 378 King Street West OSHAWA, Ontario L1J 2J9 Black Creek Developments c/o Halminen Homes 1748 BaselineRoad Group 10, Box 7 R.R. #2 BOWMANVILLE, Ontario L1C 3K3 X99 s I (STRIKE AVE. < ydy�C+ MILL LA A �� ✓ `� •i, ND t AVE. <� O �► ,\� A O A z m m m r m SCUGOG S r x MIDDLE RO PROSPECT ST LAMBS m LANE o 9 •y �� '� S � o � c c ` O CA ST O Sr �� yg CA ELGIN c \ ri BEECH D y AVE. •.�:......- o A �� CENTRE : :.;::•. .::: LT m ZK y i ERNARD m Ch �O 0 / ST pR. y LIBERTY."' D ST N. ? z C f m r • J p LIBERTY ST. N. CAI A m HENDRY C sb9 z o� A GAT _ CAS t I c o ' o< m m - � A H p,++ C") DRIVE ANN ST. BRADSHAW T � D n r m 1. ....1.x.. U � - W K NTTR M 76� V o HAR IELD `N E$ CT. - M-783 OAK M-78 D WE GA, SUBJECT Z SITE �M7 M-809 � r J I DRIVE A L 'S7 oR• , � NASH ROA DALE P ° �.. M-760 _ SLACK ? us � 22 �' D M 76 a n1 c� ' M-156 M- 7 AY o 2 HIGHW M-777 OLD ASTON RD py�PaR Av STIRLING A � M-792 Q pR- STRATHAL A I DR. w i M-80 1- 2 STEPHEN a = M 797 D N K AY DR. 3 �� Q M-790 ~ o h- z z w = 0 XARET X OURT U. M-805 ° - tt �1 M-806 -821 w 1 J j Y z 0 OAKES a } v RD. 0 4! Q J 2 J 4 REG. RD. 22 SLOOR T ooQ n UL 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 - CEAN INVESTMENTS (OSHAWA) FLIMITED hereinafter called the "Owner" OF THE SECOND PART WHEREAS the Owner entered into a Subdivision Agreement with the Corporation dated the 27th day of November, 1984 and registered in the Registry Office for the Land Titles Division of Newcastle (No. 10) on the 12t'h day of December, 1984 as Instrument No. 1818 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. 1818, 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) 599 03 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-761. 599 04 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 - BETTY JO KING AND 594829 ONTARIO LIMITED hereinafter called the "Owner" OF THE SECOND PART WHEREAS the Owner entered into a Subdivision Agreement with the Corporation dated the 13th day of December, 1984 and registered in the Registry Office for the Land Titles Division of Newcastle (No. 10) on the 9th day of April, 1985 as Instrument No. 2021 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. 2021, 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) 599 05 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-762. 599 06