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HomeMy WebLinkAbout80-141 . THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 80-141 Being a by-law to authorize the entering into an Agreement with Patricia Koenderman 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 an Agreement between Patricia Koenderman and the said Corporation dated the day of . A.D. 1980, which is attached hereto as Schedule "A". By-Law read a first and second time this 20th day of October 1980. By-Law read a third and final time this 20th day of October 1980. Garnet B. Rickard ~~~~ Mayor Joseph Cler . DEVELOPMENT AGREEMENT made (in triplicate) this day of A.D. 1980. B E T W E E N : - A N D - PATRICIA KOENDERMAN 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 outlined in heavy black line on a plan of survey prepared by Merrill D. Brown Limited, dated May 7, 1979 and attached hereto as Schedule "A`° are hereinafter called the "said lands"; AND WHEREAS the Owner warrants that she is the registered Owner of the "said lands" as stated in the Certificate attached to this Agreement as Schedule "B"; AND WHEREAS the Owner proposes to construct an addition to the existing building on the "said lands"; and has requested the Town to approve the_ said development pursuant to the provisions of 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 of the mutual agreements and covenants here- inafter contained, the parties hereto agree as follows: 1. Annexed hereto and marked as Schedule "C" is a site plan which is hereby approved by the Town, showing the size, location, elevation and exterior architectural design of the proposed building extension and the location of all other facilities required by this agreement. 2. The Owner agrees that no building or structure, other than that shot,%i on Schedule "C" shall be erected on the "said lands" and further, that in the construction of the addition to the existing building, the Owner will comply with the elevations, exterior architectural design, the location of the building on the lot, and all other matters relating to the building shown on Schedule "C". - 2 - 3. PARKING AND LOADING The Owner agrees to provide and maintain off-street parking and loading areas in accordance with Schedule "C" hereto and to do so in accordance with specifications to be approved by the Director of Public Works, which shall include a surfacing of parking areas with concrete or bituminous asphalt. 4. SNOW REMOVAL The Owner agrees to remove all snow from access ramps, drive- ways, parking areas, loading areas and walkways within twelve hours of the cessation of any fall of snow. 5. 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 in accordance with Schedule "C" hereto, to the satisfaction of the Director of Public Works. 6,. FLOODLIGHTING The Owner agrees to refrain from erecting or using any form of illumination on the "said lands" which in the opinion of the Town would cause any traffic hazard or would cause a disburbance in residential uses �. adjacent to the "said lands". 7. FENCING AND LANDSCAPING The Owner agrees to erect and maintain walls and plant and maintain hedges, trees, shrubs or other suitable ground cover to provide adequate protection to adjoining lands, in accordance with Schedule "C" of this Agreement. $« GARBAGE AND WASTE (a) The Owner agrees to provide and maintain enclosed storage facilities as may be required by the Town for the storage of garbage and other waste materials from the building 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 materials as often as may be required by the Dire'L-or of Public Works and the Fire Chief. - 3 - 9. APPROVAL OF PLANS AND SPECIFICATIONS/ENCROACHMENT 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. The Owner further agrees that prior to applying for any building permit in respect of the "said lands" that she shall obtain permission from the Town of Newcastle for the continued encroach- ment of the existing building on the "said lands" within the municipal road allowance on Division Street. 10. REGISTRATION AND ENFORCEMENT The Owner agrees that the Town may register this Agree- ment at the expense of the Owner against the and that the Town may enforce the provisions the Owner of the "said lands" and subject to Act and the Land Titles Act, R.S.O. , 1979, a: subsequent owners of the "said lands". 11. BUILDING PERMIT title to the "said lands" of this Agreement against the provisions of the Registry amended against any and all The Town agrees that upon the Owner complying with the provisions of this Agreement respecting approval of all plans and specifi- cations 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. 12. 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 in paragraph number 1 hereof shall lapse upon the expiry of two years from the date of the registration of this Agreement. 13. CONSTRUCTON COMMENCEMENT The Owner agrees to 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 - 14. 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. 15. This Agreement shall enure to the benefit of and shall be binding upon the parties hereto and their respective successors or assigns. 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 ) in the presence of: ) ) ) PATRICIA KOENDERMAN THE CORPORATION OFF�THE TOWN OF NEWCASTLE Per: May or Per: Clerk SCHEDULE "A" To a Development Agreement Between PATRICIA KOENDERMAN and THE CORPORATION OF THE "SOWN OF NEWCASTLE dated 22nd day of September, 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, and being a part of Lot Number 12 in the First Concession of the Geographic Township of Darlington, in the County of Durham, formerly within the limits of the Town of Bowman- ville, and being those parts of Lots 118 , 119 and 120 in Block "R" according to a plan of the Village of Bowmanville made by John Grant, P.L.S. in the Registry office for the Registry Division of Newcastle , (No.10) which Plan was registered on the 20th day of April,1852 described as follows: COMMIEPNCING at a point in a line parallel to and distant from Church Street 104 feet which point is distant easterly from Division Street 715 feet; THENCE westerly parallel to Church Street 115 feet to a point in the east limit of Division Street; THENCE southerly along the east limit of Division Street 64 .3 feet to the southwest corner of said Lot 120; THENCE easterly along the south limits of said Lots 120, 119 and 118 a distance of 176 . 88 feet; THENCE in a north-westerly direction in a straight line to the Point of Commencement. BUT EXCEPTING THEREFROM THE FOLLOWING: Premising that the bearings of the south limit of Church Street are south 73 degrees east and all bearings herein being related thereto; COMMENCING at a point in the westerly limit of said Lot 120 distant 104 feet measured .L southerly thereon from the southerly limit of Church Street; THENCE easterly and parallel to the southerly limit of Church Street a distance of 105 feet 3 inches to a point; THENCE south 13 degrees and 49 minutes east, 12 feet 6 inches to a point; j THENCE westerly in a straight line 112 feet 1 inch to the Place of Beginning, said -last mentioned line being parallel to the southerly face of the southerly wall of the concrete base of building on said land and the said land to the north thereof and distant 16 inches southerly from the face of wall. AND ALSO SAVE A.I,,TD EXCEPTING THEREFROM: Premising that the bearings of the south limit of Church Street are south 73 degrees east and all bearings herein being related thereto: 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 Town of Bowmanville, in the County of Durham, and Province of Ontario , bung ng composed of part of Lots 118 and 119 in .Block "R" according to the said plan of the Village of Bowmanville, said parcel or tract being more particularly described as follows: CO_',',�L�CENCING at a point in the south 'Limit of Church Street, said poin being distan=ce easterly in said limit 144 feet 2 inches from the east 'limit'limit of D ,4V4 s- on Street ; THENCE south 15 degrees, 45 minutes west, a distance of 91 feet to a point; THENCE south 78 degrees, 28 T.4 nutes west 45 feet, 8 inches to a poin THENCE s-_-1.th 13 degrees 49 minutes east 52 feet 3 inches to a po int; said point being henceforth known as the PLACE OF BEGINNING: THENCE continuir- south 13 decrees 49 minutes east, 20 feet, 10 in -ies to a poin'4 ij Schedule "A" (Cont1d) it THENCE south 19 degrees west 8 feet 7 -inches to a point; THENCE north 68 degrees west 26 -feet 4 inches to a point; THENCE north 50 degrees east 29 feet 2 inches more or less to the Place of Beginning. SIGNED, SEALED & DELIVERED in the presence of -Z- - ------- Patricia Koenderman The Corporation of the Town of Newcastle ----- Ma-,,=o r C1 -- --- ------------ ----- - lerA S C H,ED, UM E "B" CERTIFTCATE AS TO TITLE - Re: Develonment Agreement Between PATRTC 'AN KOENDERMLAN and THE CORPOP-k'-!'ION OF THE TOWN OF NEWCASTLE dated 22nd September, 1980 . I , ARTHUR A1,AN HARVEY STRIKE, a Solicitor of the Supreme Cou._-t c-F- Onta--?---'Io, DO HEREBY CERTIFY that the above named owner, 1-Datricia Koender 4 man, is the sole owner 4n fee simple of all lands described 4 _ Schedule "A" to this Development Agreement dated 22nd day of September, 1980 . T FURTHER CERTIFY that there are no mort-qaKes cr other encumbrances registered on the tittle to the said -lands. 'lr'hil s '_"ert-if----- - to is given by me to the C;. _;)oration o� the Town of '4ewcast7,e the for Purpose of L - - having the said Cor-oorat_4on o---' the Town of Newcastle rely upon It in approving the proposed development and for cert- 4fying -he t- 4-1e. DATED at Powmanvil-le, Ontario, this 7 day of September, 1980. -------------------- DATED: BETWEEN: PATRICIA KOENDERMAN AND THE CORPORATION OF THE T014N OF NEWCASTLE DEVELOPMENT AGREEMENT NO.542 COMBINED AFFIDAVIT AS TO AGE AND SPOUSAL STATUS -See footnote *See footnote UNITED STATIONERY CO.LTD.,LEGAL FORM DEPT. 30 PRODUCTION DRIVE,SCARBOROUGH AFFIDAVIT OF SUBSCRIBING WITNESS I verily believe that each person whose signature I witnessed is the party of the same name referred to in the instrument. SWORN before me at the Town of Newcastle United Stati ry Much 1978 �, I/WE In the` ° *Ifattorney make oath see footnote AFFIDAVIT AS TO AGE AND SPOUSAL STATUS When executed the attached instrument, I/WE A!1 ast eighteen years old. Within the meaning of section 1(f)o e Family Law Reform Act,1978:— Strike out a) I was a spouse. inapplicable ._@.. clauses. b) We were spouses of one another. +- Resident of Canada,etc. C) 1+ was my spouse. d) (i) The property described in the attached ins ent or writing has never been occupied by myself and my spouse as our matrimonial home (ii) The property described in the attached instrument or 'ng is not designated under section 41 of The Family Law Reform Act, 1978, and an instrument designating ther property as the matrimonial home of myself and my spouse is registered under said section 41 and not c lled. (iii) My spouse has released all rights under Part III of The Family Lea eform Act, 1978 by a separation agreement. m (SEVERALLY) SWORN before me at the in the this day of 19 A COMMISSIONER FOR TAKING AFFIDAVITS, ETC. Note:Where affidavit made by an attorney,substitute:"When I executed the attached instrument as attorney for(name),he/she was(spousal status,and if applicable,name of other spouse)within the meaning of section 1(f)of The Family Law Reform Act,1978 and when he/she executed the power of attorney,he/she had attained the age of majoirty".If any of clauses d(i),d(ii)or d(iii)is applicable,this affidavit may not be made by an attorney. lu I I D 1. DATE: OCTOBER 31, 1980 Na. Req;,'ry V)iv�6on of BETWEEN I cm i 1;-Y that this insirr mcnt is reg.s K.,vod as of PATRICIA KOENDEPYM to fitU AND I-and Registry, ("Afico at gw THE CORPORATION OF THE wi Boflanvill0j, 4 1 / Ontario, Rpg!sLrar, TOWN OF NEWCASTLE 11 •'` Ah"i 1p LON", Nt111tJ11j1'q1 I tl THE CORPORATION OF THE TOWN OF NEWCASTLE 40 TEMPERANCE STREET BOWMANVILLE, ON L1C 3AS (,I, o " b / I el I � ' s „� 7 7 9 � c� r 4 �} t . 4l� �_. S � ... � N�.. Nµ�� ��,�. r 1G PLAN MATERIAL PLASTIC MATERIAL- MYLAR GAUGE- 0,003 INCH "as PROCESS- PHOTOGRAPHIC INK SPECIAL"T' tl` titi Faso 0X, 4Q) C� 22 O ary 4,, "a 0 es"aeJ Psi PUN R— RECEIVED AND DEPOSITED W?-# I LAND REGISTRAR FOR THE REGISTRY DIVISION OF PLAN OF SURVEY OF PARTS OF TOWN LOTS /18,119 AND 120,BLOCK 'R, ACCORDING TO JOHN GRANT'S PLAN OF THE FORMER TOWN OF BOWMANVIll E, Town of Newcastle REGIONAL MUNICIPALITY OF DURHAM SCALE I inch = 20 feet M.D.BROWN O.L.S. 1979, SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT. I This survey and Pion are Writ&and m aaordance with the Surveys Actorull ft Registry Act and the regulations mode thereunder 2.The survey was cornPleted an the 4 th day of May,1979. May 7,1979, O.V0.BROWN .Land Survey" BEARING REFERENCE The N67*56'20"W(.straomic)of the north limit of part 3, Pfan IOR622,governs all bearings shown on this pion. + Denotes Standard Inn Bar Seal Denotes Standard Im Bar + Denotes Iron Bar 4p Denotes Iran Bar ft. Denotes planted. ,,A Denotes found. ig CAUTION:THIS PLAN IS NOTA PLAN OF SUBDIVISION WITHIN THE MEANING lk"ll- OF THE PLANNING ACT. 0'. SCHEDULE "A"