COMMITTEE OF THE WHOLE MEETING

FEBRUARY 12, 2018

REPORT #ENG-2018-04

ROAD DEDICATION - CAUTHERS CRESCENT AND DEVELOPMENT AGREEMENT FOR BLOCK 346 AND PART 6 BELTERRA ESTATES (TREETOPS) RESIDENTIAL SUBDIVISION

RECOMMENDATION

That Report #ENG-2018-04 be received;

And further that Council pass the necessary By-Law authorizing the Mayor and Clerk to execute the Release of Lands Subdivision Agreement with 2038148 Ontario Inc. and the Town of New Tecumseth, substantially in the form attached to Report #ENG-2018-04 as Attachment No. 5, all subject to the Town Solicitor's final clearance;

And further that the necessary by-law be enacted authorizing the Mayor and Clerk to dedicate the following lands as a public highway:

Part 1 on Plan 51R-41159 in the Town of New Tecumseth, in the County of Simcoe, (geographic township of Tecumseth), being part of PIN 58144-0057 to be dedicated as road allowance for 14th Line.

Part 3 on Plan 51R-41159 in the Town of New Tecumseth, in the County of Simcoe, (geographic township of Tecumseth), being part of PIN 58144-0057 to be dedicated as road allowance for Cauthers Crescent.

Block 402 on Plan 51M-1005 in the Town of New Tecumseth, in the County of Simcoe, (geographic township of Tecumseth), being part of PIN 58144-0057 to be dedicated as road allowance for Cauthers Crescent.

Block 403 on Plan 51M-1005 in the Town of New Tecumseth, in the County of Simcoe, (geographic township of Tecumseth), being part of PIN 58144-0057 to be dedicated as road allowance for Cauthers Crescent.

And further that Council consent to the release of the temporary turning circle easement over Lots 159, 160, 161, 162 and 204 on Plan 51M-1005, which are identified as Parts 1, 2, 3, 4 and 5 on Plan 51R-38824.

OBJECTIVE

This purpose of this report is to seek Council's approval to execute a Subdivision Agreement with 2038148 Ontario Inc. to facilitate the release of a number of Lots within the Phase 1 and Phase 3 limits of the Treetops Subdivision, to dedicate a number of

Report #ENG-2018-04, February 12, 2018

parcels of land as Town right-of-way, and to release the temporary turning circle easement over a number of Lots on Plan 51M-1005.

BACKGROUND

The Developer is developing the Treetops Subdivision in phases. Phase 1 of the development, which was registered as Plan 51M-1005 in February 2013 started in the southwest corner of the property; Phase 2 was registered as Plan 51M-1046 in April 2015; Phase 3 Plan of the Plan was registered as Plan 51M-1111, and also contains a small portion of the lands outside of Phase 1 at the southwest corner of the Draft Plan lands for the continuation of Cauthers Crescent, which was registered as Plan 51R-41159. The phases are illustrated in Attachment No. 1 .

The Subdivision Agreement for Phase 1 required the construction of two (2) temporary turning circles on Cauthers Crescent where the proposed roadway abutted existing lands outside of the limits of the Subdivision. As a result of the temporary turning circles, a number of Lots within Phase 1 were considered unsuitable for building purposes in accordance with Schedule "K" of the Phase 1 Agreement, until such time as the roadway is completed. In addition, Block 346 was considered unsuitable for building purposes until such time as it was adjoined by other lands. The locations of the temporary turning circles and restricted lots are illustrated on Attachments No. 2 and No. 3 respectively.

COMMENTS AND CONSIDERATIONS

In order for the Developer to construct homes on Lots 159, 160, 161, 162, 204 and Block 346 within Phase 1 (Plan 51M-1005), an Agreement is required to facilitate the necessary dedication of roadway, 0.3m reserves, and road widenings, the lifting of the temporary turning circle easements on Cauthers Crescent, the dedication of existing 0.3m reserves as roadway, as well as to merge Block 346 on Plan 51M-1005 with Part 6 on Plan 51R-41159, which is provided as Attachment No. 4.

A summary of the land dedications to be provided to the Town through this Agreement are summarized below.

Plan 51M-1005

• Block 402 - existing 0.3m reserve to be dedicated as roadway

• Block 403 - existing 0.3m reserve to be dedicated as roadway

Plan 51R-41159

• Part 1 - to be transferred as a road widening of 14th Line

• Part 2 - to be transferred for a 0.3m reserve along Cauthers Crescent

• Part 3 - to be dedicated as roadway

• Part 4 - to be transferred for a 0.3m reserve along Cauthers Crescent

• Part 5 - to be transferred for a 0.3m reserve along Cauthers Crescent

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Report #ENG-2018-04, February 12, 2018

The Agreement has been structured to require that the above conveyances be made by way of separate transfer reflecting the purpose of the transfer. It is to be noted that Parts 6 and 7 on Plan 51R-41159 are to be retained by the Developer. Part 6 on Plan 51R-41159 is to be consolidated with Block 346 on Plan 51M-1005 and shall be treated as a single building lot for building purposes. Part 7 on Plan 51R-41159 will continue to be held and owned by the Developer for future development purposes, but has no current ability to be developed until such time as it is combined with additional lands that may be acquired in the future. Plan 51R-41159 is included as Attachment No. 4.

The Town Solicitor has advised that it is appropriate at this time to undertake the above noted land conveyances and dedications, and allow the restricted lots to be developed.

The draft Agreement has been prepared and reviewed by the Town’s Solicitor and is substantially in the form attached hereto as Attachment No. 5. This Agreement has been circulated to the various Town Departments for comments, and all comments raised to date have been incorporated into the attached draft Agreement. The Agreement has been circulated to the Developer; they are aware of the outstanding issues and have no concerns with the Agreement going forward in its present form.

FINANCIAL CONSIDERATIONS

The cost associated with this Agreement is $1,000.00 in accordance with By-Law 2016-147, and is payable upon execution of the Agreement. All legal costs associated with the Town Solicitor's time and resources to prepare, review and register the Agreement are to be charged back to the Developer in keeping with the Town's standard process.

Respectfully submitted:

_________________________________

Rayna Thompson, C.E.T

Manager of Development Engineering

Attachments:

□ ENG-2018-04 - Attachment No. 1 - Phases

□ ENG-2018-04 - Attachment No. 2 - 51R-38824 -

□ ENG-2018-04 - Attachment No. 3 - 51M-1005

□ ENG-2018-04 - Attachment No. 4 - 51R-41159

□ ENG-2018-04 - Attachment No. 5 - Draft Release of Lands Agreement

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Report #ENG-2018-04, February 12, 2018

Approved By: Department: Status: Rick Vatri, C.E.T., Director of Engineering

Engineering Approved - 08 Feb 2018

Mark Sirr, CPA, CMA, Treasurer/Director of Finance

Finance Approved - 08 Feb 2018

Khurram Tunio, GM of Infrastructure and Development

Development and Infrastructure Division

Approved - 08 Feb 2018

Blaine Parkin, P. Eng., CAO CAO Approved - 08 Feb 2018

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Phase 1 - Plan 51M-1005

Attachment No. 1

Phase 2 - Plan 51M-1046

Phase 3 - Plan 51M-1111Phase 3 - Plan 51R-41159

Page 5 of 14

AttachmentN

o.2Plan

51R-38824

Page 6 of 14

Page 7 of 14

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Town/2038148 Ontario Inc. - 1 - Subdivision Agreement – Release of Lands

SUBDIVISION AGREEMENT

(Treetops (Belterra Estates) Development)

RELEASE OF LANDS

THIS AGREEMENT made on the 9th day of January, 2018,

B E T W E E N

2038148 ONTARIO INC.

hereinafter called the "DEVELOPER"

OF THE FIRST PART

- and -

THE CORPORATION OF THE TOWN OF NEW TECUMSETH

hereinafter called the “MUNICIPALITY”

OF THE SECOND PART

WHEREAS the Developer and the Municipality previously entered into a

Subdivision Agreement for the development of certain lands and premises which

Agreement was dated the 12th day of December, 2012, and registered as Instrument

No. SC1039721 on the 6th day of February, 2013, (the “Original Subdivision

Agreement”), and which Original Subdivision Agreement continues to be in full force

and effect;

AND WHEREAS a portion of the Lands scheduled for development were

registered as Plan 51M-1005 (the “Phase 1 Lands”) pursuant to the terms of the

Original Subdivision Agreement;

AND WHEREAS certain parcels within the Phase 1 Lands were restricted from

development pursuant to Schedule “K” of the Original Subdivision Agreement until such

time as the Developer acquired additional Lands;

AND WHEREAS the restricted lands in Schedule “K” of the Original Subdivision

Agreement (the “Restricted Lands”) included Block 346 and Lots 159, 160, 161, 162

and 204 on Plan 51M-1005 and more particularly described in Schedule “A: attached

hereto;

AND WHEREAS the Developer has now acquired additional lands which are

more particularly described in Schedule “B” attached hereto (the “Additional Lands”)

and which Additional Lands will permit the extension of Cauthers Crescent and the

release of the Restricted Lands;

AND WHEREAS a further amending subdivision agreement for Phase 3 of the

development was registered against the Additional Lands as Instrument No.

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Town/2038148 Ontario Inc. - 2 - Subdivision Agreement – Release of Lands

SC1408342 pursuant to which the release of the Restricted Lands was identified in

paragraph 27 of Schedule “R” to the Amending Agreement;

AND WHEREAS the Developer has prepared and registered Reference Plan

51R-41159 (the “Reference Plan”) to permit the release of the Restricted Lands and

meet certain requirements of the Original Subdivision Agreement;

AND WHEREAS the Developer represents and warrants that there is no

mortgage or other encumbrance registered against or binding the Additional Lands as

described in Schedule “B” hereto;

NOW THEREFORE consideration of the mutual promises and covenants

contained herein, as well as other good and valuable consideration, this Agreement

witnesses as follows:

1. RECITALS

The parties hereto confirm the foregoing recitals and incorporate same as terms

of this Agreement. The parties further confirm that the Original Subdivision Agreement

shall continue to be firm and binding as between the parties, except as amended

herein.

2. TRANSFER TO MUNICIPALITY

Of the Additional Lands as shown on the Reference Plan, the Developer will

transfer to the Municipality the following parcels:

(i) Part 1 will be transferred for the purpose of road widening of the 14th Line;

(ii) Parts 2, 4 and 5 will be transferred for 0.3 metre reserves along Cauthers

Crescent; and

(iii) Part 3 will be transferred for roadway to effect the extension and

completion of Cauthers Crescent.

Each of the above conveyances will be made by way of separate transfer

reflecting the particular purpose of the transfer. Part 6 and Part 7 of the Additional

Lands shown on the Reference Plan will be retained by the Developer subject to the

conditions herein-below set out.

3. CONSTRUCTION OF CAUTHERS CRESCENT

The Developer will be responsible for the construction of the extension of

Cauthers Crescent over Part 3 on the Reference Plan so that it joins the existing

portions of Cauthers Crescent with all construction to be in accordance with municipal

standards. Upon the completion of the Cauthers Crescent road works to the

satisfaction of the Municipality, the Municipality will take the following steps:

(i) Pass a By-Law to dedicate Part 3 on the Reference Plan together with

Blocks 402 and 403 on Plan 51M-1005 as roadway; and

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Town/2038148 Ontario Inc. - 3 - Subdivision Agreement – Release of Lands

(ii) Consent to the release of the turning circle easement over Lots 159, 160,

161, 162 and 204 on Plan 51M-1005.

4. RELEASE OF LOTS

With the completion of the construction of Cauthers Crescent, the dedication of

Cauthers Crescent as a roadway and the release of the turning circle easements, Lots

159, 160, 161, 162 and 204 on Plan 51M-1005 will be released from Schedule “K” of

the Original Subdivision Agreement and deemed to be suitable for building purposes

subject to the provisions of the Building Code Act and the terms of the Original

Subdivision Agreement.

5. BLOCK 346 AND PART 6

Block 346 on Plan 51M-1005 and Part 6 on the Reference Plan will be deemed

to be combined in order to form one building lot and shall be treated as one building lot

for all municipal, planning, zoning and building purposes. Prior to applying for a

building permit, the Developer shall ensure that the title to both parts are held in the

same title holding and obtain a consolidation PIN number. Upon consolidating the PIN,

the Developer will be entitled to apply for a building permit for the combined lot subject

to the provisions of the Building Code Act and the Original Subdivision Agreement.

6. PART 7

Part 7 on the Reference Plan will continue to be held and owned by the

Developer for future development purposes. The parties acknowledge that Part 7 has

no current ability to be developed until such time as it is combined with additional lands

that may be acquired in the future and will be subject to such development applications

as are appropriate at such time as development is applied for. Until that time, Part 7

will be considered to be a parcel of land unsuitable for building purposes.

7. REGISTRATION

This Agreement may, at the option of the Municipality, be registered against the

title of the lands described in Schedules “A” and “B” to this Agreement.

8. DEVELOPER’S EXPENSE

The Developer shall be responsible for all costs and expenses associated with

the preparation, registration and implementation of this Agreement.

9. AGREEMENT BINDING

This Agreement shall be governed by the laws of the Province of Ontario and be

binding upon and enure to the benefit of the parties hereto and their respective heirs,

executors, administrators, successors and assigns.

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Town/2038148 Ontario Inc. - 4 - Subdivision Agreement – Release of Lands

10. GOVERNING LAW

This Agreement will be governed by the laws of the Province of Ontario.

IN WITNESS WHEREOF the said Corporate Parties have hereunto affixed their

Corporate Seals or asserted binding authority as attested by their proper signing

officers in that behalf.

2038148 ONTARIO INC.

___ DATE

Print Name & Title: LUIGI BIFFIS, PRESIDENT I have authority to bind the corporation

THE CORPORATION OF THE

TOWN OF NEW TECUMSETH

___ MAYOR: RICK MILNE DATE

CLERK: CINDY ANNE MAHER DATE We have authority to bind the corporation.

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Town/2038148 Ontario Inc. - 5 - Subdivision Agreement – Release of Lands

SCHEDULE "A" TO SUBDIVISION AGREEMENT

NOTE: It is understood and agreed that this Schedule forms part of the Town of New Tecumseth Subdivision Agreement – Release of Lands.

DESCRIPTION OF THE RESTRICTED LANDS ALL AND SINGULAR that certain parcel or tract of land and premises situated, lying and being in the Town of New Tecumseth, in the County of Simcoe, being: FIRSTLY: Block 346, Plan 51M-1005, Town of New Tecumseth, PIN 58144-0439 (LT); SECONDLY: Lot 159, Plan 51M-1005, subject to an easement in gross over Part 2,

Plan 51R-38824 as in SC1043379, Town of New Tecumseth, PIN 58144-0252 (LT); THIRDLY: Lot 160, Plan 51M-1005, subject to an easement in gross over Part 3,

Plan 51R-38824 as in SC1043379, Town of New Tecumseth, PIN 58144-0253 (LT); FOURTHLY: Lot 161, Plan 51M-1005, subject to an easement in gross over Part 4,

Plan 51R-38824 as in SC1043379, Town of New Tecumseth, PIN 58144-0254 (LT); FIFTHLY: Lot 162, Plan 51M-1005, subject to an easement in gross over Part 5,

Plan 51R-38824 as in SC1043379, Town of New Tecumseth, PIN 58144-0255 (LT); SIXTHLY: Lot 204, Plan 51M-1005, subject to an easement in gross over Part 1,

Plan 51R-38824 as in SC1043379, Town of New Tecumseth, PIN 58144-0297 (LT); Certification The solicitor for the Developer will provide to the Municipality and its solicitor a certification that:

1. The Developer named in this Agreement is the sole owner in fee simple of the Plan Lands as described above;

2. Schedule “A” herein is an accurate description of all of the Restricted Lands for

the portion of the subdivision owned by the Developer; and

3. All prior mortgages and encumbrances for Block 346, Plan 51M-1005 will be postponed to this Agreement immediately following its registration, or there are no mortgages or encumbrances registered in priority to the Municipality.

4. At the time of any conveyances required under this Agreement are to be made to the Municipality, a further certification will be given by the Developer’s solicitor that they will be registered free and clear of any encumbrance with the consent of all the mortgagees/chargees or other encumbrancers.

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Town/2038148 Ontario Inc. - 6 - Subdivision Agreement – Release of Lands

SCHEDULE "B" TO SUBDIVISION AGREEMENT

NOTE: It is understood and agreed that this Schedule forms part of the Town of New Tecumseth Subdivision Agreement – Release of Lands.

DESCRIPTION OF THE ADDITIONAL LANDS ALL AND SINGULAR that certain parcel or tract of land and premises situated, lying and being in the Town of New Tecumseth, in the County of Simcoe, being: Part of Lot 12, Concession 14, Tecumseth, being Part 2 on Reference Plan 51R-7943, Town of New Tecumseth, PIN 58144-0057 (LT).

Certification The solicitor for the Developer will provide to the Municipality and its solicitor a certification that:

1. The Developer named in this Agreement is the sole owner in fee simple of the Plan Lands as described above;

2. Schedule “B” herein is an accurate description of all of the Additional Lands for

the portion of the subdivision owned by the Developer; and

3. All prior mortgages and encumbrances will be postponed to this Agreement immediately following its registration, or there are no mortgages or encumbrances registered in priority to the Municipality.

4. At the time of any conveyances required under this Agreement are to be made to the Municipality, a further certification will be given by the Developer’s solicitor that they will be registered free and clear of any encumbrance with the consent of all the mortgagees/chargees or other encumbrancers.

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