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HomeMy WebLinkAbout2003-074 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2003- 074 being a By-law to authorize entering into an Agreement with the Owners of Plan of Subdivision 18T-90050 and any Mortgagee who has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect of 18T-90050 WHEREAS, Council on June 29, 1998, approved draft Plan of Subdivision 18T-90050, located in Part Lot 16, Concession 1, former Town of Bowmanville and authorized the execution of a subdivision agreement with the Owner; AND WHEREAS, the Owner(s) of draft Plan of Subdivision 18T-90050 is now ready to proceed to finalize the subdivision agreement; NOW THEREFORE, the Council of the Corporation of the Municipality of Clarington hereby 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 Agreement between the Owners of Plan of Subdivision 18T-90050. 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 2nd day of lIujle 2003 BY-LAW read a second time this 2nd day of lIujle 2003 BY-LAW read a third time and finally passed this 2nd day of Unl'e 2003 ~... . ~lijk-:-~~~ John M on, .M~~r: .. -::-~ .. --, - '~,.., ,- . - ::--, - '::':j.~-"'':---::'- -==--~ - ~-- Yco ~ \Y, 0-" y ~ F~ I'~ ';'/j} ./t' r-iCIL"~~ ~~. <EP7~~ / ~~;9BC> . ~~/~.~ 5>- - 9z'~ s'Z:> .... MESSAGE ~~7" 0r~qL " %~ ~~qL~~ rft /,'~1--Y! >~~p, ~~~ #!i ;?~~~2-;7 ~ #~ J4 ~ I~t~~ thr-p/~~'::~~0 ~ ~~ 7~~~' REPLY ~ ,/ hi'" . /' , / '.../ .... " ~., "", t ~ ~ ; . I ~ " l \ ' ,'! C' USE LOWER PORTlrORtPl l I ; 1 tip r ~' :;r ?'",;...LtJ_.J.LL REPLYFROU om ~ AMENDING AGREEMENT MADE (in quintuplicate) this 13 day of January ,~ 2004 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter called the "Municipality") OF THE FIRST PART - and - ASPEN SPRINGS WEST LTD. (hereinafter called the "Owner") OF THE SECOND PART - and - GEORGE IBANEZ, JOSE IBANEZ, HORTENSIA IBANEZ, AURELIO IBANEZ AND BAYLY HOLDINGS LTD. (hereinafter called the "Mortgagee") OF THE THIRD PART - and - ROYAL BANK OF CANADA (hereinafter called the "Mortgagee") OF THE FOURTH PART WHEREAS: A. The Lands owned by the Owner which are affected by this Agreement are described in Schedule "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 the Mortgagee is the only 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-90050 of the Lands subject to compliance with certain conditions thereto including the n1aking of Subdivision Agreements with the Region and the Municipality, respectfully; E. Notice of a Subdivision Agreement made between the Municipality, Aspen Springs West Ltd. and the Mortgagees as of September 15th, 2003 (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 October 27,2003 as Instrument No. L T.DR221727; ", Page 2 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. 2003-074 passed by the Corporation of the Municipality of Clarington on June 2, 2003. 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 the Summary of Recommended Outdoor Abatement Measures table within paragraph 4.12 (19) and substituting the following new table: Summary of Recommended Outdoor Abatement Measures No, Lot/Block Abatement Measure Location 1 Lot 47 2.1 metre high noise fence - south and east lot lines - fencing along south lot line is to be extended northerly to the face of the dwelling wall 2 Lot 20 2.1 metre high noise fence - south lot line - fencing along south lot line is to be extended northerly to the , face of the dwelling wall 3 Lot 33 2.1 metre high noise fence - south lot line - fencing along south lot line is to be extended northerly to the face of the dwelling wall 4 Lot 19 2.1 metre high noise fence - south lot line - fencing along south lot line is to be extended northerly to the face of the dwelling wall (b) by deleting paragraph 4.12 (19) i) and replacing it with the following new paragraph 1); "i) Lots 19,20,33 and 47 Purchasers/tenants are advised that despite the inclusion of noise control features in the development and within the building units, some levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the noise criteria of the Ministry of the Environment." Page 3 (c) by deleting paragraph 4.12 (19) ii) and replacing it with the following new paragraph ii): "ii) Lots 17, 18,20,21,32,33,48 and Blocks 83 and 84 This dwelling unit has been fitted with a forced air heating system and the ducting was sized to accommodate central air conditioning. Installation of central air conditioning will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the noise criteria of the Ministry of the Environment. (Note: The location and installation of the outdoor air conditioning device should be done so as to minimize the noise impacts and comply with criteria of MOE publication NPC-216, Residential Air Conditioning Devices.)" (d) by deleting paragraph 4.12 (19) iii) and replacing it with the following new paragraph iii): "iii) Lots 19 and 47 This dwelling unit has been supplied with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the Ministry of the Environment's noise criteria." (e) by amending paragraph 4.12 (21) by adding the following new subsection 4.12 (21) iii): "iii) construct the dwelling units in compliance with the building construction requirements within the approved Noise Impact Study." (f) by adding the following new paragraph 4.12 (22): "(22) In order to ensure acceptable daytime indoor noise levels, the Owner acknowledges and agrees that the various building components must provide an A.I.F. of 31, depending on the location, and based on the possibility of sound entering the building through walls, windows and doors. Any exterior wall construction meeting the Ontario Building Code (OBC) will be acceptable for the dwellings on the lots adjacent to Baseline Road, as long as the exterior wall area to room floor area ratio does not exceed 100%, If the ratio of window area of room floor area is 20% glazing construction consisting of two 3 mm panes separated by 13 mm airspace will be sufficient for the dwelling units. Any insulated metal exterior door meeting OBC requirements will be sufficient to provide noise insulation, If patio doors are to be used in the bedrooms, they must be counted as part of the total window area." 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. !- oJ- 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: } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } } We have authority } To bind the Bank } } } } THE CORPORATION OF THE MUNICIPALITY F CLARINGTON , .~~ ::: -- -/ ~~ -----~"- ASPEN SPRINGS WEST LTD. ~ w\\tam J. Daniell 66 MORTGAGEES (Z6'T 7 George anez <~ i~~) JO'Strtanez BAYLY HOLDINGS LTD. ~ifaue.) Jose Iba ez, President ..}cJe /.13 ;fv....c- 2- Name: pe ~de......1"- Title ROYAL BANK OF CANADA , ".~ SCHEDULE "A" THIS SCHEDULE IS SCHEDULE "A" to the Agreement which has been authorized and approved by By-law No. 2003-074 ofThe Corporation of the Municipality of Clarington, enacted and passed the 2nd day of June, 2003. LEGAL DESCRIPTION OF LANDS Part of PIN #26934-0823 Part Lot 16, concession 1, geographic Township of Darlington, Municipality of Clarington, in the Regional Municipality of Durham being Parts 9 and 10 on Plan 40R-22063.