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HomeMy WebLinkAbout80-118 . THE CORPORATION OF THE TOWN OF NEWCASTLE BY -LAW 80-118 Being a by-law to authorize the entering into a Development Agreement with The Trustees of Gospel Hall with regard to Part of Lot 35, Concession 3 (Darlington) The Council of the Corporation of the Town of Newcastle hereby ENACTS AS FOLLOWS: 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 Seal a Development Agreement between The Trustees of Gospel Hall and the said Corporation with . regard to Part of Lot 35, Concession 3, Darlington dated the ~'t,. ;4- day of ~ 1980, which is attached hereto as Schedule "A". By-Law read a first and second time this jl~ day of ~~980. By-Law read a third and final time this '2 z. J', day of ~) 1980. Garnet Mayor B. RiCkar~4~ . Joseph Clerk THIS AGREEMENT MADE this ,4_V day of A.D. 1980. B E T W E E N : - A N D - THE TRUSTEES OF GOSPEL HALL, hereinafter called the "Owner" OF THE FIRST PART, THE CORPORATION OF THE TOWN OF NEWCASTLE, hereinafter called the "Town" OF THE SECOND PART. WHEREAS the lands affected by this Agreement, which are described in Schedule "A" hereto, are hereinafter called the "said lands"; AND WHEREAS the Owner warrants that it is the registered owner of the "said lands" as stated in the Certificate attached to this Agreement as Schedule "B"; AND WHEREAS the Owner acknowledges that the lands will not be serviced by a municipal sewer system and each building or structure to be erected or altered shall be serviced by a private sewage disposal system as approved and/or required by the Durham Region Health Unit; AND WHEREAS the Owner proposes to construct a church on the "said lands" and has requested the Town to approve the said development pursuant to the provisions of the Town's By-law 79-151; AND WHEREAS the Town has resolved, or will be resolving, to approve the said development pursuant to the said By-law 79-151, provided that the Owner enter into this agreement with the Town; NOW THEREFORE, in consideration oC the mutual agreements and covenants hereinafter contained, the parties hereto agree as follows: 1. The Owner covenants and agrees that the "said lands" shall be used only for the purposes of a church. 2. Annexed hereto and marked as Schedule "C" is a site plan, which is hereby approved by the Town, showing the size, location and exterior architectural deeign of the proposed building and the location of all other facilities required by this agreement. 3. The Owner agrees that no building or structure, other than that shown on Schedule "C" shall be erected on the "said lands" and further, that in the construction of the building on the "said lands", it will comply with the elevations, exterior architectural design, the location of the building on the lot, and all other matters relating to the building as shown on Schedule "C". 4. PARKING AND LOADING The Owner agrees to provide and maintain off-street .parking and loading areas in accordance with the said site plan and to do so in accord- ance with specifications to be approved by the Director of Public Works which shall include a surfacing of parking areas with concrete or bituminous asphalt. 5 . SNOW REMOVAL The Owner agrees to remove all snow from access ramps, driveways, parking areas, loading areas and walkways within twelve hours of the ces- sation of any fall of snow. 6. GRADING AND DRAINAGE The Owner agrees to undertake the grading of and provide for the disposal of storm, surface and waste water from the "said lands" and from any buildings or structures thereon . to the satisfaction of the Director of Public Works. 7. FLOODLIGHTING The Owner agrees to refrain from erecting or using any form of illumination which in the opinion of the Town would cause any traffic hazard or would cause a disturbance to residential uses adjacent to the "said lands". 8. FENCING AND LANDSCAPING The Owner agrees to erect and maintain walls and plant and main- tain hedges, trees, shrubs or other suitable ground cover to provide ade- quate protection to adjoining lands, in accordance with Schedule "C" of this Agreement. 9. GARBAGE AND WASTE (a) The Owner agrees to provide and maintain enclosed central storage facilities as may be required by the Town for the - 3 - storage of garbage and other waste materials from the buildings constructed on the "said lands" in accordance with plans and specifications to be approved by the Director of Public Works and the Fire Chief. (b) The Owner further agrees to remove garbage and other waste material as often as may be deemed necessary by the Director of Public Works and/or the Fire Chief. 10. APPROVAL OF PLANS AND SPECIFICATIONS The Owner agrees that the issuance of any building permit in respect of the "said lands" shall be prohibited until all plans and specifications required pursuant to this Agreement have been approved by the Town. 11. REGISTRATION AND ENFORCEMENT The Owner agrees that the Town may register this Agreement against the title to the "said lands" and that the Town may enforce the provisions of this Agreement against the Owner of the "said lands" and subject to the provisions of the Registry Act and the Larnd Titles Act, R.S .O. 1979, as amended against any and all subsequent owners of the "said lands". 12. BUILDING PERMIT The Town agrees that upon the Owner complying with the provisions of this Agreement respecting approval of all plans and specifications required herein, building permits will be issued in accordance with the plans subject only to payment of the usual permit fees and other fees as are payable under by-law currently in force in the Town. 13. LAPSE OF APPROVAL In the event a building permit has not been issued to the Owner within the period of two years hereinafter in this sentence referred to, the parties agree that the Town's approval of the site plan and drawings referred to irl paragraph number 2 hereof shall lapse upon the expiry of two years from the date of the registration of this Agreement. 14. CbN.STAt CTION COMMENCEMENT T�10 0-or agrees Lo commence construction of any building or buildings for which a permit may be issued under Paragraph 12 hereof as soon as is reasonably practicable following the issuance of any such permit. - 4 - 15. INTERPRETATION NOT AFFECTED BY HEADINGS The division of this Agreement into paragraphs and the insertion of headings are for convenience of reference only and shall not in any way affect the interpretation of this Agreement. 16. This Agreement shall enure to the benefit of and shall be binding upon the parties hereto and their respective successors or assigns. 0 IN WITNESS WHEREOF the parties hereto have affixed their hands and seals and/or corporate seals by the hands of their proper signing officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ) THE TRUSTEES OF GOSPEL in the presence of: Per: THE CORPORATION OF TIE TOWN OF NEWCASTLE Per: G. B. RICKARD, Mayor Per: J. M. MCILROY, Clerk LIST OF SCHEDULES A - Legal Description B - Affidavit of Ownership C - Site Plan including: location of buildings landscaping and fencing grading and drainage SCHEDULE "A" This is Schedule "A" to the Development Agreement which has been authorized and approved by By-law 80-r�04 Sf the Corporation of the Town of Newcastle, ENACTED AND PASSED this day of A.D. 1980. ALL AND SINGULAR that certain parcel or tract of land and premises, situate, lying and being in the Town of Newcastle, in the Regional Municipality of Durham (formerly in the County of Durham) and being composed of part of Lot 35, in the Third Concession of the Geographic Township of Darlington, more par- ticularly described as follows: COMMENCING at an iron bar marking the northwest corner of the south half of said lot, said bar being a distance of 3, 345 feet 914 inches from an iron bar marking the north-west angle of the said lot; THENCE North 74 degrees 36 minutes east in and along the line of a fence marking the centre line of said concession a distance of 626 feet 1114 inches to an iron bar planted; THENCE South 16 degrees east a distance of 118 feet to an iron bar planted; THENCE South 74 degrees 36 minutes west a distance of 626 feet 1114 inches in and along a line of a fence to an iron pipe planted; THENCE North 16 degrees west a distance of 118 feet in and along the westerly limit of said Lot 35 to the point of Commencement. Now known as Parcel 2, Block 1 of the North 1/2 of the South 1/2 of Lot 35, Concession 3, Town of Newcastle. SIGNED, SEALED AND DELIVERED in the presence of THE TRUSTEES OF GOSPEL HALL •- MEN__ - - THE CORPORATION OF THE TOWN OF NEWCASTLE Per: G. B. RICKA-RDD, Mayor Per: J �RcILROY, Clerk SCHE.DULL "C" THIS IS SCHEDULE "C" to the Development Agreement which has been authorized and approved by By-law 8041S of the Corporation of the Town of Newcastle, ENACTED AND PASSED this �� day of A.D. 1980. SIGNED, SEALED AND DELIVERED in Lhe presence of: ) THE TRUSTEES OF GOSPEL HALL Per: � i V _ THE CORPORAT,IQN OF THE TOWN OF NEWCASTLE Per: G�., B. RI CKARD, Mayor Per: 'J. M. M , erk MCGIBBON,BASTEDO & ARMS BARRISTERS AND SOLICITORS EDGAR F.BASTEDO,O.C. GRANT H.ARMSTRONG W. MICHAEL ARMSTRONG zD ► G SEA" pLpp�NktNl- DEDAR ImENT of CERTIFICATE AS TO TITLE SCHEDULE "B" n 32 SIMCOE STREET SOUTH TELEPHONE(4151725-7335 3-OX 34 OS HAwA CANADA L/H 7K8 RE: Part Lot 35, Concession 3, Town of Newcastle The Trustees of Gospel Hall 1, EDGAR FRANK BASTEDO, a solicitor of the Supreme Court of Ontario, do hereby certify that the above-named owner, The Trustees of Gospel Hall, is the sole owner in fee simple of all land included in the Schedule "A" hereto. I further certify that there is a mortgage on the said land between The Trustees of Gospel Hall, as Mortgagors and Stewards Foundation (Ontario) , as Mortgagee. This Certificate is given by me to the Corporation of the Town of Newcastle for the purpose of having the said Corporation of the Town of Newcastle to reply upon it and to act on it in entering into a Development Agreement and for certifying the title. DATED at Oshawa this 15th day of September, 1980. Edgar F. Bastedo, Q.C. TO: THE CORPORATION OF THE TOWN OF NEWCASTLE DATED: THE TRUSTEES OF GOSPEL HALL and - THE CORPORATION OF THE T014N OF NEWCASTLE A G R E E M E N T I i i , No rr E�_evAr,ary „ � I i OF! . LAN ET. JIV•;'!Viii 7''JN I.7t`.. RK M! ltnm r>r_�v 1w K I r SGN�DUZE 'G' E LOT 35 7. 2o 1 fo lit U. '0 CONCESSION 3 z SITE PLAN LLI OF PROPOSED PINE RIDGE BIBLE CHAPEL w ON PART OF LOT 35,CONCESSION 3 GEOGRAPHIC TOWNSHIP OF DARLIN6TON w (Former County of Durhorn) NOW WITHIN THE LIMITS OF THE TOWN OF NEWCASTLE REGIONAL MUNICIPALITY OF DURHAM SCALE I mch 40 feet Uj LLJ p- LAWS0N ROAD � ` - .V.' � ` _ MERRILL D.BROWN LIMITED LAND SURVEYING&E*"EV"NG 18, ON-