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HomeMy WebLinkAboutPD-162-82 t CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1,10 TEL.(416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF OCTOBER 12, 1982 REPORT NO. : PD-162-82 SUBJECT: PROPOSED SUBDIVISION AGREEMENT BURKETON HILLS - UNITED COUNTIES et al OUR FILE: S-D-1 -15-3 RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-162-82 be received; and * 2. That the attached Subdivision Agreement between The Corporation of the Town of Newcastle and United Counties Holdings Limited, Veltri and Son Limited, Lesron Enterprises Limited and Susan Ann Swartz be approved for execution subject to the necessary revisions (to Schedule "F" should Council deem it appropriate toy accept the dedication of building lots in satisfaction of the requirement for a j cash-in-lieu of parkland dedication ; and 3. That Council consider the request submitted on behalf of the owners of the Burketon Hills subdivision to permit the dedication of residential building lots in satisfaction of the Town 's cash-in-lieu of parkland requirement and provide appropriate direction to staff; ' and i� `t ,Y�v Report No: PD-162-82 .. ./2 * 4. That the attached By-law authorizing execution of a Subdivision Agreement between The Corporation of the Town of Newcastle, United Counties Holdings Limited, Veltri and Son Limited, Lesron Enterprises Limited and Susan Ann Swartz be approved. BACKGROUND: On February 10th, 1982, a first draft of a proposed Subdivision Agreement in respect of the Burketon Hills subdivision was submitted to the Town for its review. The subject agreement was subsequently circulated to the various affected departments and the Town 's Solicitor for comments. As a result of this review, a number of revisions were requested of the applicants which have been the subject of a number of meetings and negotiations since May of this year. As a result of staff's negotiations, all matters have been resolved to the mutual satisfaction of the applicants and staff, with the exception of the Town 's requirements in respect of parkland dedication. As indicated in the attached letter, the owners of the property are proposing that rather than provide a cash-in-lieu payment upon execution of the Subdivision Agreement, that the Town be given clear title to one of the lots within the subdivision plan. COMMENTS: As indicated, all items of concern with the exception of the cash-in-lieu of parkland requirement have been agreed upon. However, in view of the fact that the conditions of draft plan approval for plan of subdivision 18T-75362 required the payment of cash-in-lieu, and given the fact that the Town recently purchased a parcel of parkland elsewhere within Burketon and did so in anticipation of a cash dedication in respect of this plan, staff did not have the authority to negotiate this point. Report No: PD-162-82 /3 In that regard, the owners of the subject lands are suggesting that, as an alternative to cash payment, the Town accept one (1 ) building lot, an alternative which the Town has opted for in the past in the case of the Rills of Liberty North. We note however, in that instance, that the dedication of land was based upon five percent (5%) of the total area of the plan of subdivision and was not related to the market value of the land relative to the cash value of the five percent (5%) dedication. In that regard, the total area of the subject plan of subdivision is 64.28 hectares, five percent (5%) would represent 3.2 hectares, or approximately eight (8) acres. Given the minimum lot area within this plan of two (2) acres, a five percent (5%) dedication could be translated into four (4) building lots. At the request of the owners, staff are bringing this proposal forward for the Committee 's consideration and would suggest that should the Committee be favourably inclined, that the Town specify the lot or lots to be dedicated and that at least two (2) lots be requested, inasmuch as staff feel that four (4) lots would be overly onerous and one (1 ) lot inadequate should the anticipated market value, as suggested by the Consultant 's letter and the Regional appraisal , not be realized. Staff would, at this point, remind the Committee that the acquisition of the Burketon park site west of Scugog Road anticipated a cash contribution from this plan, and in order to reimburse the Park Development Fund, it would be appropriate to place any lots accepted by the Town on the market as soon as reasonably possible following registration of the plan. Respec ul mitted, T. T. Edwards, M.C.I.P. Director of Planning TTE*mjc September 2s� osza THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 82- 141 being a By-law to authorize the entering into of an Agreement with United Counties Holdings Limited, Veltri and Son Limited, Lesron Enterprises Limited and Susan Ann Swartz. 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 , an Agreement between United Counties Holdings Limited, Veltri and Son Limited, Lesron Enterprises Limited and Susan Ann Swartz, and the said Corporation dated the day of 1982, in the form attached hereto as Schedule 2. THAT Schedule "X" attached hereto forms part of this by-law. BY-LAW read a first time this 18th day of October 1982 BY-LAW read a second time this 18th day of October 1982 BY-LAW read a third time and finally passed this 18th day of October 1982 G. B. RICKARD, MAYOR D. W. OAKES, CLERK DA R A F b PLAN 0 So"mum M1 B D IRA%R T OF L.r 0�T'S 18 AINID l9l 4 CONCESSION o lr'%"J'W., , N ®F NEWCASTLE. F R MER TOWNSHIP _ CAF t DARLINGTON REGIONAL. MUNICIPALIT,Y OF DURHAM ROAD ALLOWANCE BETWEEN THE FORMER TWP. OF DARLN6Z)" d C�rWR13NT P � CHUB Q Z a MARY SS E�VOT . o o ' C.P.R. RAILWAY c o BURKETON m a STATION p f o 2 r Z v ' La / Z 0 I e CONCESSION RD.10 CONCESSION RD. 10 {Proposed Subdivision 0 100 200 400 607 ■y■ SCALE in FEET 0 :so 100 200 400. KEYPAN SCALE in METRES SCHEDULE X to By-law 82-141 THIS AGREEMENT made in quintuplicate this day of 1982 . BETWEEN: THE CORPORATION OF THE TOWN OF NEWCASTLE, Hereinafter called the "TOWN" OF THE FIRST PART, - and - UNITED COUNTIES HOLDINGS LIMITED, VELTRI AND SON LIMITED, and LESRON ENTERPRISES LIMITED, a private companies incorporated under the laws of the Province of Ontario, and SUSAN ANN SWARTZ, of the City of Oshawa, in the Regional Municipality of Durham, Married Woman, Hereinafter called the "OWNERS" OF THE SECOND PART, - and - Hereinafter called the "MORTGAGEES" OF THE THIRD PART WITNESSETH THAT: WHEREAS the lands affected by this Agreement, which are described in Schedule "A" hereto, are hereinafter called the "Lands" and constitute 64.249 hectares; AND WHEREAS the Owner warrants that it is the registered owner of the Lands; AND WHEREAS the Owner warrants that the Mortgagee is the only mortgagee of the Lands; AND WHEREAS the Owner warrants that it has applied to the appropriate Minister of the Goverment of Ontario, hereinafter called the "Minister" for approval of a plan of subdivision of the Lands; AND WHEREAS to comply with the Minister's conditions for such approval , the Owner has consented to enter into this Agreement with the Town; AND WHEREAS the Owner warrants that it has entered, or will enter into an Agreement with the Regional Municipality of Durham, hereinafter called the "Region" to satisfy the Region's conditions, financial and otherwise; AND WHEREAS the Owner warrants that it has or will enter into,an agreement with the appropriate Public Utilities Commission or other authority or company having jurisdiction in the area of the said Lands for the design and installation of the utilities referred to in Schedule "H" and hereinafter called "Utilities"; AND WHEREAS in this Agreement "Owner" includes an individual, an association, a { partnership, or a corporation, and wherever the singular is used herein, it } shall be construed as including the plural ; AND WHEREAS in this Agreement "Director" means the Director of Public Works of the Townfof Newcastle, or his designated representative, as may be appointed by the Council of the Town to act in his place. i i c "v , - 2 _ NOW, THEREFORE, in consideration of the mutual agreements and covenants and promises herein contained, and other good and valuable consideration, the parties hereto agree as follows: CERTIFICATION OF OWNERSHIP 1 . The Owner shall , at the time of the execution of this Agreement , provide the Town with a letter signed by an Ontario Solicitor and addressed to the Town certifying as to the title of the said Lands and setting out the names of all persons having an interest in the said lands and the nature of their interest. 2. The Owner shall , at the time of the execution of this Agreement, provide the Town with a letter signed by an Ontario Solicitor and addressed to the Town certifying as to the title to any land which is to be conveyed to the Town or over which easements are to be granted to the Town pursuant to the terms of this Agreement. COPY OF PLAN AND AGREEMENTS REQUIRED 3. Subject to paragraph 63(3) hereof, the Owner shall , at the time of the execution of this Agreement, provide the Town with as many copies as the Town requires of the plan of subdivision for the said Lands, which plan shall be the plan prepared for approval by the Minister. The said plan is attached hereto as Schedule "6" and is hereinafter called the "Plan". The Owner shall also furnish to the Town at the time of the execution of this Agreement, one copy of the said Plan containing the stamp of approval of the Region, and a copy of the subdivision agreement entered into between the Owner and the Region with respect to the said Plan if such approval and/or Agreement is in existence at the time of the execution of this Agreement. If the approval or agreement with the Region is not available at the time of the execution of this Agreement, the Owner agrees to provide the Town with the Plan with the stamp of approval of the Region and a copy of the Subdivision Agreement entered into with the Region, immediately after approval is granted or the agreement signed. The Owner shall also furnish to the Town at the time of the execution of this Agreement one copy of each of the agreements entered into with the Public Utilities Commission or other authority or company having jurisdiction in the area of the said lands for the design and installation of the utilities, or, if such agreement or agreements are not in existence at the time of the execution of this Agreement, the Owner agrees to provide the Town with a copy of each such agreement immediately after such agreement is signed. PAYMENT OF TAXES 4. The Owner shall , at the time of the execution of this Agreement, pay all Municipal taxes outstanding against the said lands, as set out in Schedule "C" hereto. The Owner further agrees to pay any municipal taxes which may become due and payable by it, in respect of any of the said Lands, prior to the sale by the Owner of such lands. PAYMENT OF LOCAL IMPROVEMENT CHARGES 5. The Owner shall , at the time of the execution of this Agreement, pay all charges with respect to existing local improvements assessed against the said Lands, as set out in Schedule "C" hereto. Such charges shall include the Town's share of any local improvements which serve the said Lands and shall include the commuted value of such charges including charges falling due after the date of the execution of this Agreement. PAYMENT-OF DRAINAGE CHARGES 6. The Owner shall , at the time of the execution of this Agreement pay all drainage charges assessed under The Tile Drainage Act, R.S.O. 1980, c.909, against the said Lands, as set out in Schedule "C" hereto, including the commuted value of such charges falling due after the execution of this Agreement.