HomeMy WebLinkAbout80-45
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THE CORPORATION OF THE TOWN OF,NEWCASTLE
BY-LAW 80-45
Being a by-law to authorize the entering into
an Agreement with St. Marys Cement Company
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 St. Marys
Cement Company and the said Corporation dated the
day of 1980.
which is attached hereto as Schedule "A".
Read a first and second time this 21st day of April 1980
Read a third and final time this 21st day of April 1980
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Garnet B. RiCkar~~~
Mayor
Joseph M.
Clerk
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Form 4 - Land flegllltratlon Reform Act
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(3) Property
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Block Property
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(4) Nature of Document
Agreement Amending Development Agreement
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New Property Identiliers
Additional:
See [-J-
Schedule
(6) Descrlpllon
Parcel CL 4751, Section Water Lot Locution Darlington
anq parts of Lot 11, Broken Front Concession, former
ToWnship of DarlingtoJf~' ij.o!J.t1f})j,9-t.Jf~ on Wilson,
Armour & Mearns Pla~lfiAt! ~ome fO'fs according' to Plan
694, now all part of Hie Municipality of Claring.ton,
Reg"ional Municipality of Durham, and being more
particularly described on Schedule hereto,
pages 4, 5, 6 and 7~
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'Execullons
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(7) This
Document
Contains:
(a) Redescription
New Easement
Plan/Sketch
i (b) Schedule lor;
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Additional:
See
Schedule
Additional
Parties [J Other IlfJ
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(8) Thla Document provldea as followa;
An Agreement dated May 22nd, 1995, between St. Marys Cement Corporation as Owner
and The Corporation of the Town of Newcastle, now The Corporation of the Municipality
of Clarington, as the Municipality being an agreement to amend a Development Agreement
registered as instrument No. 154028 in Land Registry and No. NL 21965 in Land Titles
and amended by Amending Agreement No. 162555 in Registry and by No. NL 29408 in
Land Titles.
rfTtlls Document relates to Instrument number(s)
(10) Party(les) (Sel oul Stalus or Inlerest)
Name(s)
Continued on Schedule iii
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154028 and HL 21965 and 162555 and NL 2940B
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Signature(s)
Date 01 Signature
Y M D
ST. MARYS CElVIENT COHPORATION
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I:,:, 1995 i o61~6
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by its solicitor, Dan M. Strike
(11) Address
lor Service
2200 Yonge Street, Toronto, Ontario, M4S 2C6.
(12) Party(les) (Set out Status or Interest)
Name(5)
Signature(s)
Date 01 Signature
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(13) Addre811
lor Service
40 Temperance
(14) Municipal Addre,a 01 Properly
101 Waverly Road,
Bowmanville, LlC 3W9
Street, Bowmanville,
(15) Documenl Prepared by:
Dan M. Strike,
Strike, Sulmers &
Box 7,
Bowmanville, ON",
Ontario, LlC
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Registration Fee
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LIC 3KB"
(905-623-5791)
Total
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ON: SlMARYS.AME
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AMENDING AGREEMENT MADE to the First Amending Agreement(in quintuplicate) this I-
day of ,N\ ~ j , 1995
BETWEEN:
ST. MARYS CEMENT CORPORATION,
hereinafter called the "OWNER" OF THE FIRST PART
- and -
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON,
hereinafter called the IMUNICIPALlTY" OF THE SECOND PART
WITNESSETH THAT:
WHEREAS the Owners warrant that they are the registered owners of those lands described
in Schedule "X" attached to the First Amending Agreement, are hereinafter referred to as the
"said lands";
AND WHEREAS the Council of the Municipality has enacted By-law 90-130 being a By-law
,designating all lands within the corporate limits of the Municipality of Clarington as a Site
Plan Control Area, a certified copy of which by-law has been registered in the Land Registry
Office for the Registry Division of Durham (No. 40) as Instrument No. D405251;
AND WHEREAS the Owners and the Municipality have executed the First Amending
Agreement which was duly executed and registered in the former Registry Office for the
Land Registry Division of Newcastle (No. 10) on August 1, 1990 as Instrument Number
NL28000;
AND WHEREAS Section 5 of the First Amending Agreement requires the construction of an
earthen berm or barrier fence and landscaping along the eastern portion of the Existing
Dock Area within five (5) years from the date as of which the First Amending Agreement is
made, being May 23, 1990.
AND WHEREAS the Municipality of Clarington has resolved to approve an amendment to
the First Amending Agreement to extend the timing of the construction of an earthen berm
or barrier fence for 3 years;
AND WHEREAS the parties hereto agree to amend The First Amending Agreement;
L.A.: 24.2.93
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NOW THEREFORE, in consideration of the mutual agreements, covenants and promises
contained herein, the parties hereto agree as follows:
1. Section 5 of The First Amending Agreement between the Corporation of the
Municipality of Clarington and St. Marys Cement Corporation registered in the former
Registry Office for the Land Registry Division of Newcastle (No. 10) as Instrument Number
NL28000, is hereby amended by extending the timing of construction for the earthen berm
or barrier fencing and landscaping for an additional three (3) years from the date of
execution of this amendment.
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:
L.A.: 28.11.89
) THE CORPORATION OF THE MUNICIPALITY
) OF CLARINGTON
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CLERK
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SCHEDULE
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LEGAL DESCRIPTION OF SAID LANDS
Being those lands in the MuniciI?ality of Clarington, Regional Munic~pality
of Durham, and being formerly m the Geographic Township of Darlmgton
and beinG composed of as follows:
FIRSTLY:
Parts of Township Lot Eleven (11) in the Broken Front Concession, now
within the limits of the said Town of Bowmanville, lying South of the Canadian
National Railway right-of-way and North of the Northerly limit of Registered
Plan Number 198 and its production Ea sterly, the boundaries of the said parcels
being more particularly described as follows j
PARCEL 1
Part of Darlington Street and parts of Lots 156,157 and 158, and all of
Lots 159 and 160, according to a plan made for Wilson, Armour and M.e~l}}', b~7r
Thomas Wallace Herrick, P.L.S., registered the 28th day of May, l~~~a"n~art of
Township Lot 11 in the Broken Front Concession of the Township of Darlington,
now within the limits 9f the said Town of Bowmunville, containing by admeasure-
ment 1.32 acres, be the same more or less, which said parcel or tract of land
may be more partieularly described as follows;
COMMENCING at the point of intersection of a fence marking the Southerly limit
of the Canadian National Railway right-of-way with the Easterly limit of said
Lot 11, said point distant Southerly in the last-mentioned limit nineteen hun-,
dred and sixty-six and sixty-one one-hundredths feet (1966.61') on a course of
South 17 degrees 36 minutes 30 seconds East from the North-Easterly angle of
said Township Lot 11 j
THENCE South 17 degrees 36 minutes 30 seconds East along the Easterly limit of
said Lot 11 a distance of two hundred and thirty-seven and fifty-one one-
hundredths feet (237.511) to an iron bar planted at the point of intersection
with the Northerly limit of a sixty-six foot (66') service road expropriate
Deposited Plan Number 14618 for the Town of Bowmanville;
THENCE South 85 degrees 34 minutes 30 seconds West in said Northerly limit of
the service road a distance of three hundred and fifteen and six-tenths feet
(315.61) to an iron bar planted at the point of intersection with the Easterly
limit of a sixty-six foot (66') road leading Southerly from said Railway right-
of-way;
THENCE North 17 degrees 37 minutes 30 seconds East along the Easterly limit of
the said road a distance of two hundred and sixty-six and eight one-hundredths
feet (266.08') to an iron bar planted at the point of in tersection with a fence
marking the Southerly limit of the said Railway right-of-way;
THENCE North 87 degrees 55 minutes 30 seconds East along the Southerly limit of
said Railway right-of-way a distance of thirty-nine and twenty-five one-hundredths
feet (39.251) to an iron bar marking an angle in the said limitj
THENCE South 88 degrees 00 minute~ East continuing along the said Southerly
limit a distance of one: hundred and lwenty-three feet (1231) more or less to
the POINT OF COMMENCEMENTj
SUBJECT TO whatever rights the public may have in that part of unopened Dar-
lington Street running across the, .and hereby conveyed at the Northern limit
thereof and adjoining the said Canadian National Railway right-of-way j
PREVIOUSLY DESCRIBED as Secondly, Parcell in instrument No.
N30724.
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PARCEL 2
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Part of Lot Eleven (11) in the Broken Front Concession in the said Town-
ship of Darlington, now within the limits of the said Town of Bowmanville, lying
East of a sixty-six foot (66') road running Southerly through said Lot 11, con-
taining by admeasurement 12.45 acres, be the same more or less, sai@ parcel or
tract being more particularly described as follows:
COMMENCING at an iron bar planted at, the point of intersection of the Southerly
limit of a sixty-six foot (66') service road expropriated by said Deposited Plan
Number 14618, with the Easterly limit of said Lot 11, said point distant South-
erly in the last-mentioned limit twenty-two hundred and seventy-one and ninety-
one one-hundred ths feet (2271.91') from the North - Eas terly angle thereof;
THENCE South 85 degrees 34 minutes 30 seconds West along the Southerly limit of
the said service road a distance of one hundred an~l eight-seven and twenty-
nine one:-hundredths feet (187.29') to an iron bar;
THENCE South 17 degrees 35 minu tes 30 seconds West a distance of three hundred
and eight and forty-two one-hundredths feet (308.42') to an iron bar planted in
the Northerly edge of a creek;
THENCE on' a general bearing of North 13 degrees 13 minutes West in and along the
Northerly edge of the said creek a distance of one hundred and fifty-eight and
six-tenths feet (158.61) to an iron bar planted at the point of intersection with
the Easterly limit of a sixty-six foot (66') road running Southerly;
THENCE South 17 degrees 37 minutes 30 seconds West along said Easterly limit a
distance of sixty-eight and ninety-eight one-hundredths (68.98') to an
iron bar marking an angle in the said limit;
THENCE South 66 degrees 08 minutes 30 seconds East continuing along the limit
of the said road a distance of ninety- two and eleven one-hundredths feet (92.11')
to an iron bar ma~king an angle in the said road;
THENCE South 26 degrees 29 minutes 30 seconds East continuing along the East-
erly limit of the said road a distance of fifty-three and seventy-nine one-
hundredths 'feet (53.79') to an iron bar mar'king the North-Westerly angle of the
lands described in Instrument Number 14862 for the Town of Bowmanville;
THENCE North 63 degrees 30 minutes 30 seconds East a distance of thirty-seven
feet (37') to an h'on bar;
THENCE South 66 degrees 41 minutes 30 seconds East a distance of one hundred
and thirty and ninety-two one hundredths feet (130.921) to an iron bar' marking
the South-Easterly angle of tlw lands described in said Instrument Number 14862;
THENCE South 63 degrees 30 minutes 30 seconds West along the Southerly limit of
the said lands a distance of one hundred and twenty-one and five-tenths feet
(121. 5') to an ir'on bar planted at the point of intersection with the Easterly
limit of the aforesaid road j
THENCE South 26 degrees 29 minutes 30 seconds East continuing along the Easterly
limit of the said road a distance of five hundred and sixty-seven and fifty-
eight one-hundreths feet ((561.581) to an iron bar marking an angle in the said
road;
THENCE South 51 degrees 08 Iilinutes 30 seconds East continuing along the Easterly
limit of the said road a distance of one hundred and four and one-tenth feet
(104.1') to an iron bar marking an angle in the said limit;
THENCE South 31 degrees 20 minutes 30 seconds East continuing along the Easterly
limit of the said road a distance of seven hundred and seventy-seven and eighty-
one one-hundredths feet (777.81') to an iron bar marking an angle in the said
limit ;
THENCE ,South16 degrees 10 minutes 30 seconds East continuing along the East-
erly'iilltit. of the said rmid a distance of one hundred and thirty-'hvo and ninety-
two one-hundi'edUis feet (132.92') more or less to an iron bar plarited ilt the
point of intersection with the Easterly production of the Northerly limit of
Hegistered Plan Nurnber 198, said iron bar distant Easterly in said production
thirty and sixty-five one-hundredths feet (30.651) from the most Northerly angle
of Block "0", Registered Plan Number 198;
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THENCE North 68degreesOH.minutes 30 secsmds Eastjn said production a distance
of one hundred and four and seventy-five one-hundreds feet (104.'151) more or
less to the point of intersection with the Easterly limit of said Lot 11 j
THENCE North 17 degrees 38 minutes 30 seconds West along the Easterly limit of
said Lot 11 a distance of nineteen hundred and six feet (19061) lilore or less to
the POINT OF COMMENCEMENT j
PREVIOUSL Y DESCRIBED as Secondly I Parcel 2 in instrument
No. N30724j
SAVE AND EXCEPT those lands described in Ontario Hydro Expropriation
Plan registered as instrument 88189.
PARCEL 3
Part of Lot Eleven (11) in the Broken Front Concession in the said Town
ship of Darlington I now within the limits of the said Town of Bowmanville I lying
South of the Canadian National Railway right-of-way and West of a sixty-six foot
(661) road running Southerly through said Lot 11, containing by admeasurement
52.57 acres, be the same more or less, said parcel or tract of land being more
particularly described as follows:
COMMENCING at an iron bar planted at the North-Wester'ly angle of Registered Plan
Number 198 for the Town of Bowmanvillej
THENCE North 68 degrees 08 minutes 30 seconds East along the Northerly limit of
Blocks "11" and "K" according to said Registered Plan Number 198 a distance of
eleven hundred and ~ixty and one-tenths feet (1160.11) more or less to an iron
bar planted in the N'ortherly limit of Block "N" ~ Registered Plan 198, said iron
bar distant Westerly in the last-mentioned limit thirty-five and sixty-eight one-
hundredths feet (35.68') from an iron tube marldng the North-Easterly angle of
said Block "N" j
THENCE North 16 degrees 10 minutes 30 seconds West along a fence marking the
Westerly limit of a sixty-six foot (66') road a distance of one hundred and
thirty and seven-teriths feet (130.7') to an iron bar marking an angle in the
said fence;
THENCE North 31 'degrees 20 minutes 30 seconds West continuing along a fence
marking the Westerly limit of said road a distance of seven hundred and fifty-
seven and five-tenths feet (757.51) to an iron bar marking an angle in the said
fence j
THENCE North 51 degrees 08 minutes 30 seconds West continuing along a fence
marking the Westerly limit of the said road a distance of one hundt'ed and seven
feet (107') to an iron bar marking an angle in the said fence j
THENCE North 26 degrees 29 minutes 30 seconds West continuing along a fence
marking tl~e Westelry limit of a sixty-six foot (66') road a distance of sven
hundred and twelve feet (712') to an iron bar marking an angle in the said fence;
THENCE North 66 degrees 08 minutes 30 seconds West continuing along the said
fence marking the South'-Westerly limit of the said road a dislance of one hundred
and thirty feet (130') to an iron bar j
THENCE North 21 degrees 08 minules 30 seconds East continuing along the Westerly
limit of the said road a distance of forty and five tenths feet (40.51) to an iron
bar marking ~n angle, in the said road;
THENCE North 17' degrees 37 minutes 3() seconds East continuing along the Westerly
liniit of a sixty:"six foot (661) road a dis tance of two hundred and forty and
nine-tenths feet (240.9') to an iron bar planted in the line of a fence running
North-Westerly j
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THENCE North 55 Degrees 07 minutes West along the centre line of the said fence
a distance of eighty-three and four-tenths feet (83.4') to an iron bar marking
an angle in the said fence; ,
THENCE North 00 degrees 57 minutes 30 seconds West continuing along the said fence
a distance of twenty-three feet (23') to an iron bar;
THENCE South 87 degrees 44 minutes West a distance of two hundred and twenty-
five feet (225') to an iron bar;
THENCE North 12 degrees 46 minutes West a distance of three hundred and two feet
(302') to an iron bar planted in the Southerly limit of the Canadian National
Railway right-of-way;
THENCE South 88 degrees 14 minutes West along the Southerly limit of the Canadian
National Railway right-of-way a distance of three hundred and thirty-five and five
tenths feet (335.5') to an angle in the said limit;
I
THENCE South 50 degrees. 46 minutes West continuing along the Southerly limit
of the Canadii:m National Railway right-of-way a distance of fifty-nine feet
(59') to an iron bar marking an angle in the said limit;
THENCE South 80 degrees 16 minutes West continuing along the Southerly limit of
the said Railway right-of-way a distance of two hundred and seventy-five feet
(275') to an iron bar planted at the point of intersection with the Westerly
limit of said Lot 11, said iron bar distant Southerly in the last-mentioned!
lintit isixtt2en hundred and fifty-eight feet three inches (1658'3") more or less
from the North-Westerly angle of said Lot 11;
THENCE South 17 degrees 46 minutes East along the Westerly limit of said Lot 11
a distance of twenty-six hundred and fifteen and seventy-five one-hundredths feet
(2615.75') more or less to the POINT OF COMMEN'CEMENT;
PREV~.JOUSLY DESCRIBED as Secondly, Parcel 3 in instrument No. N30724;
SAVE AND EXCEPT those lands as described in Ontario Hydro Expropriation
Plan registered as No. 88189.
SECONDLY:
All of Lots;'1,2,"9,4, 5 and Blocks A and B on Registered Plan No. 694;
SAVE AND EXCEPT those lands described in Ontario Hydro Expropriation
Plan registered as mstrument 88189.
THIRDLY:
All of water lot CL 4751 described as PART 1 on PLAN lOR 2426.
Parcel CL-4751 Section Water Lot Location Darlington,. ibeing part of
the bed of Lake Ontario lying in front of Lots 4&5 and Block B on registered
Plan 694 (being 1 part of Lots 14 & 15 and the Road Allowance between said Lots
Broken Front Concession in the Geographic Township of Darlington) now in the
Municipality of Clarington, Regional Municipality of Durham, designated as
Part I on Plan IOR-2626.