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HomeMy WebLinkAboutPD-25-88 DN: 25-88 TOWN OF NEWCASTLE REPORT File Res. # By-Law # MEETING: General Purpose and Administration Committee DATE: Monday, February 1, 1988 REPORT #: PD-25-88 FILE #: 18T-86038, 1OM-800 & LD 152/79 SUBJECT: LAND DIVISION APPLICATION - LD 152/79 - SCHICKEDANZ BROS. LTD. AND VELTRI AND SON LTD. - PART LOT 10, CONCESSION 1, BOWMANVILLE PLAN OF SUBDIVISION - 18T-86038 (RELEASE OF DEVELOPMENT AGREEMENT) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-25-88 be received; and 2. THAT the request submitted by Mr. Lawrence C. Wesson on behalf of Schickedanz Bros. Ltd. and Veltri and Son Ltd. requesting a release of a Development Agreement between the Town of Newcastle and Veltri and Son Ltd. , dated May 29, 1981 and registered on May 29, 1981 as Instrument No. 979, be approved; and 3. THAT the attached by-law authorizing execution of a release of the Development Agreement between Veltri and Son Ltd. and the Corporation of the Town of Newcastle be approved; and 4. THAT the Mayor and Clerk be authorized to execute the release of the Development Agreement between Veltri and Son Ltd. and the Corporation of the Town of Newcastle in respect of the above-noted Agreement as described within Recommendation No. 2; and 5. THAT the registration of the release documentation be completed by the Owner. . . .2 REPORT NO. : PD-25-88 PAGE 2 --------------------------------------------------------------------------------- BACKGROUND AND COMMENT: On December 18, 1987 Planning Staff was provided a copy of a letter addressed to the Clerk of the Town of Newcastle in respect of a request for release of a Development Agreement entered into between Veltri and Son Ltd. and the Corporation of the Town of Newcastle as registered on May 29, 1981 as Instrument No. 979. It was noted that the Agreement in question related to the lands owned by Veltri and Son Ltd. which now comprise a part of Registered Plan 1OM-800 (18T-86038 Schickedanz Bros. Ltd. and Veltri and Son Ltd.) . Staff would note for the Committee's information that, in 1979, an application was filed with the Regional Land Division Committee (LD 152/79) requesting the severance of 1,401 square metre residential parcel containing a single family dwelling from a 1.3 hectare parcel to the rear. The retained lands were noted as forming part of land assembly project for a Plan of Subdivision. The Land Division Committee in considering the application, approved same noting that the approval would assist in the assembly of rear lands to be developed jointly by a Plan of Subdivision. The approval was subject to the applicant entering into an Agreement satisfactory to the Town of Newcastle that a Building Permit would not be applied for on the retained lands until such time as the proposed development was approved. Staff would acknowledge that the Development Agreement in respect of Plan of Subdivision 18T-86038 have been executed and registered on title. Further the Plan of Subdivision was registered on December 8, 1987 as Plan 10M-800. Accordingly and in consideration of the Land Division Committee application and Development Agreement entered into in 1981, Staff would have no objections to the release of said Agreement registered on May 29, 1981. Accordingly and in . . .3 REPORT NO. : PD-35-88 g&QE 3 ------------------------------------------------------------------------------- consideration of the above-noted comments, Staff have no objections to the approval of the Recommendations as proposed thereby permitting the release of the Development Agreement and registration of same at the owner's expense. Respectfully submitted, Recommended for presentation to the Committee -------------------------- /-7---- ----------------- T.T. Edwards, M.C.I.P. awreooe/E 8otoeff / Director of Planning Chief Admi iatcative officer IJ}T*T2B* 'ip *Attach. January 15, 1988 CC: McIver and Wesson Barristers and 3oIinitnco Suite 1801 ll King Street West TORONTO, Ontario M58 lA3 DN: RELEA THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 88- being a By-law to authorize the execution of a Release with respect to a Development Agreement between Veltri and Son Limited and the Corporation of the Town of Newcastle. 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, a Certificate of Release of Development Agreement between Veltri and Son Limited, and the Corporation of the Town of Newcastle. 2. THAT the Development Agreement referred to in Section 1 hereof, was registered as Instrument Number 979, and the lands referred to in the said Development Agreement were described in Registered Reference Plan 1OR-1284. BY-LAW read a first time this day of 1988 BY-LAW read a second time this day of 1988 BY-LAW read a third time and finally passed this day of 1988. MAYOR CLERK I