HomeMy WebLinkAbout2003-158
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2003- 158
being a By-law to authorize entering into an Amending Agreement with the
Owners of Plan of Subdivision 18T-97003 and any Mortgagee who has an
interest in the said lands, and the Corporation of the Municipality of Clarington in
respect of 18T -97003
WHEREAS, Council on April 15, 1997, approved draft Plan of Subdivision 18T-97003,
located in Part Lot 9, Concession 1, former Town of Bowmanville and authorized the
execution of a subdivision agreement with the Owner;
AND WHEREAS, Council on October 20, 2003, approved revisions to draft Plan of
Subdivision 18T-97003, and authorized the execution of an amending subdivision
agreement;
AND WHEREAS, the Owner(s) of draft Plan of Subdivision 18T-97003 is now ready to
proceed to finalize the amending subdivision agreement;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1 . THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington, and seal with the Corporation's
seal, an amending Agreement between the Owners of Plan of Subdivision 18T-
97003;
2. THAT the Mayor and Clerk are hereby authorized to accept, on behalf of the
Municipality, the said conveyances of lands required pursuant to the aforesaid
Agreement.
BY-LAW read a first time this 20th
day of October
2003
BY-LAW read a second time this 20th
day of October
2003
BY-LAW read a third time and finally passed this 20th day of October 2003
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AMENDING AGREEMENT MADE (in quintuplicate) this /~ day of fn/)'I, 2004
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
(hereinafter called the "MUNICIPALITY")
OF THE FIRST PART
- and -
PENWEST DEVELOPMENT CORPORATION LIMITED
(hereinafter called the "OWNER")
OF THE SECOND PART
A. The Lands owned by the Owner which are affected by this Agreement are
described in Scheduled "A" hereto, and are hereinafter called the "Lands";
B. The Owner represents and warrants that subject to Recital "C' it is the registered
Owner of the Lands in fee simple absolute;
C. The Owner represents and warrants that there is no mortgagee or chargee of the
Lands;
D. The Owner has received the approval of the Municipality of Clarington, to draft
approval of draft Plan of Subdivision 18T-97003, as amended, of the Lands subject to
compliance with certain conditions thereto including the making of Subdivision
Agreements with the Region and the Municipality, respectfully;
E. Notice of a Subdivision Agreement made between the Municipality and Penwest
Development Corporation Limited as of April 26, 2002 (the "Subdivision Agreement") was
entered into in the Register for the Parcel of Land more particularly described in Schedule
"A" hereto ("Subdivision Lands") in the Land Registry Office for the Land Titles Division of
Durham (No. 40) on July 4th, 2002 as Instrument No. L T DR90700;
F. This First Amending Agreement is made pursuant to the provisions of Subsection
51 (6) of the Planning Act. It is authorized by By-law No. 2003-158 passed by the
Corporation of the Municipality of Clarington on October 20, 2003.
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NOW THEREFORE WITNESSETH THAT in consideration of the premises and the
covenants hereinafter expressed, and the sum of two ($2.00) dollars of lawful money of
Canada now paid by each party to the others (the receipt whereof by each Party is
hereby acknowledged), the Parties hereto covenant and agree to and with each other as
follows:
1. The Subdivision Agreement is hereby amended as follows:
(a) by deleting within paragraph 3.16(2) the words "(81 lots - 128 units)" and
replacing it with the following new words "( 1 09 units)";
(b) by deleting paragraph 4.12( 17)(ii) and replacing it with the following new
paragraph (ii):
"Lots 1 to 16, 41, 42 and Block 43 all as shown on Draft Plan of Subdivision
18T-97003, as amended November 2003 and Lot 9, 10L, 32 and 33 all as
shown on Registered Plan 40M-2094 for the first phase of development of
the subject lands."
This dwelling unit was fitted with ducting sized to accommodate a central air
conditioning unit. The installation of central air conditioning by the
homeowner will allow windows and exterior doors to be kept closed, thereby
achieving indoor noise levels with the limits recommended by the Ministry of
Environment. (Note: care should be taken to ensure that the condenser
unit is located in an area that is not sensitive to noise. The sound rating of
central air conditioning units must not exceed the sound emission standards
established by the Ministry of Environment."
(c) Schedule "M" is hereby amended by deleting the following words after the
title: "Subsequent Phase to Phase 1 of the Development of the Lands (as
shown on 18T-97003)":
"Lots 1-16, 35-44, 80 and 81
Lots 73-79
Semi-Detached Dwelling Units
Single Family Dwelling Units"
and replacing them with the following:
"Lots 1-42, 73, 74, 75, 76, 77, 78 -
and Block 43
Single Family Dwelling Units"
(d) Schedule "N" is hereby amended by adding the following wording to the end
of the paragraph entitled "LOT OR BLOCK NUMBER - PERMITTED LAND
USE ON 18T-97003":
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"Lots 13 (Lot 4 on draft 40M-Plan) -
and 25 (Lot 27 on draft 40M-Plan)
Lots 14 (Lot 3 on draft 40M-Plan)-
And 26 (Lot 28 on draft 40M-Plan)
Page 3
the Owner shall not require or
cause any person to require a
building permit to be issued until
such time at Block 82 (Block 51
on draft 40M-Plan) has developed
in conjunction with the adjacent
lands identified by assessment roll
nu mber 18-17-020-060-155-01 .
the Owner shall not require or
cause any person to require a
building permit to be issued until
such time as the adjacent lands
identified by assessment roll
number 18-17 -020-060-155-01
have received the necessary
approvals from the Municipality to
develop in compliance with the
Municipality's Official Plan and
Zoning By-law."
(e) Schedule "s" is hereby amended by deleting paragraph number one (1)
and replacing it with the following new paragraph:
"The Owner shall have the final plan prepared on the basis of approved
draft plan of subdivision 18T-97003, prepared by G.M. Sernas & Associates
Limited identified as Project Number 97003, dated January 1997, revised
May 1997 and revised October 20, 2003 which illustrates 89 single-
detached dwellings, 10 lots for 20 semi/linked dwellings, blocks to be
developed as parks and open space, roads, road widenings and 0.3 metre
reserves."
2. Except as otherwise provided in this First Amending Agreement, all terms and
conditions of the Subdivision Agreement continue in full force and effect. Time
shall continue to be of the essence of the Subdivision Agreement. Time shall also
be of the essence of this First Amending Agreement.
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IN WITNESS WHEREOF the parties hereto have hereunto set their hands and
seals the day and year first above written and the parties hereto have hereunto affixed
their corporate seals by the hands of their proper officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED )
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In the presence of: ) THE CORPORATION OF THE
) MUNICIPALITY OF CLARINGTON
) /J/J
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) John Mutton, Mayor~ ,"i,<\I,,\~~!~\, \.
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SCHEDULE "A"
THIS IS SCHEDULE "A" to the Agreement which has been authorized and
approved pursuant to By-law No. 2003-158 of the former Town of Newcastle (now the
Municipality of Clarington), enacted and passed the 20th day of October, 2003.
LEGAL DESCRIPTION OF SAID LANDS
FIRSTL Y
Parcel 5-1, Section H-50075; Lots 6, 7 and 8 and Part Lots 5, 9, 10, 11 and 12, Plan
H50075 and Part Lot 8, Block 2, C.G. Hanning's Plan, all being Part Lot 9, Concession
1, (formerly Town of Bowmanville) in the Municipality of Clarington, Regional
Municipality of Durham, Parts 1, 2 and 3, Plan 40R17803; subject to D373195,
N166034 Clarington, comprising all of PIN 26629-0347 (L T).
SECONDL Y
Part Lot 9, Concession 1 of the Geographic Township of Darlington, (also known as
Part of Lot 8, Block 2, C.G. Hanning Plan) and Part of Lots 9, 26 and 27, Plan H50075
of the said Geographic Township of Darlington, Parts 1, 2, 3, 4 and 5 Plan 40R14082,
save and except Plan 40M2094, in the Municipality of Clarington, Regional Municipality
of Durham, subject to D373197, comprising all of PIN 26629-0708 (L T).
THIRDL Y
Lot 1, Plan 40M2094, in the Municipality of Clarington, Regional Municipality of Durham,
subject to easement as in D373197, comprising the whole of PIN 26629-0710 (L T).
FOURTHLY
Lot 2, Plan 40M2094, in the Municipality of Clarington, Regional Municipality of Durham,
comprising the whole of PIN 26629-0711 (L T).
FIFTHLY
Lot 3, Plan 40M2094, in the Municipality of Clarington, Regional Municipality of Durham,
comprising the whole of PIN 26629-0712 (L T).
SIXTHLY
Lot 4, Plan 40M2094, in the Municipality of Clarington, Regional Municipality of Durham,
comprising the whole of PIN 26629-0173 (L T).
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SEVENTHLY
Lot 5, Plan 40M2094, in the Municipality of Clarington, Regional Municipality of Durham,
comprising the whole of PIN 26629-0714 (L T).
EIGHTHLY
Lot 6, Plan 40M2094, in the Municipality of Clarington, Regional Municipality of Durham,
comprising the whole of PIN 26629-0715 (L T).
NINTHL Y
Lot 7, Plan 40M2094, in the Municipality of Clarington, Regional Municipality of Durham,
comprising the whole of PIN 26629-0716 (L T).
TENTHLY
Lot 8, Plan 40M2094, in the Municipality of Clarington, Regional Municipality of Durham,
comprising the whole of PIN 26629-0717 (L T).
ELEVENTHLY
Lot 9, Plan 40M2094, in the Municipality of Clarington, Regional Municipality of Durham,
comprising the whole of PIN 26629-0718 (L T).
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DATED:
,2004
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
- and -
PENWEST DEVELOPMENT CORPORATION LIMITED
AMENDING AGREEMENT
The Corporation of the Municipality of Clarington
Planning Services
40 Temperance Street
Bowmanville, Ontario
L1C 3A6
File: 18T-97003