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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 !~ -c.t1-~ 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. ., ~"!.. 4 '-..<.-... Page 2 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": F t.; ~.~ ,'" "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. . ~; ..... ":r Page 4 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 ) ) In the presence of: ) THE CORPORATION OF THE ) MUNICIPALITY OF CLARINGTON ) /J/J l ~tzt4t~~... ) John Mutton, Mayor~ ,"i,<\I,,\~~!~\, \. ) " :' \~,,'.\ ~~\~i~~":'i ::~, ) . '--",,,'-'\" ,'- ) , ',' \ (il:' ~'::'..' " -- \ '-\,. "----.. \::~.,-'- "' ) ) Patt' ) ) ) ) ) ) ) ) ) ) ) '. .... ",\:,.- Page 5 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). .'\. ... ~ Page 6 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). .::~! Page 7 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