HomeMy WebLinkAbout80-46
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 80-46
Being a by-law to authorize the entering into an
Agreement with J. Canty
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 J. Canty
and the said Corporation dated the
Z- {lr- day of # tL {l-- 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
Garnet B.RiCkard~~~
Mayor
Joseph M. McIlroy
Clerk
.
THIS AGREEMENT, made this 1 day of f , A.D. 1980.
B E T W E E N
�('IL5 .
` J. CANTY,
hereinafter called the "Owner"
OF THE FIRST PART,
- A N D -
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 he 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 systemnd each building or structure to be erected
or altered shall be serviced by a private sewage disposal systemas approved
and/or required by the Durham Region Health Unit;
D W EREAS the Owner acknowledges that a portion of the "said lands"
-o �- s subject to potential flooding and that prior to applying for a building
permit from the Town of Newcastle for the erection of any buildings or
structures within that portion of the "said lands" identified on Schedule
"C" to this Agreement as within the "flood limit" that the permission of
the Conservation Authority having jurisdiction will be obtained;
AND WHEREAS the Owner acknowledges that he will assume all responsibility
for any damages, charges or claims resulting from the flooding of the "said
lands
AND WHEREAS the Town has passed By-law 79-44 zoning the "said lands" to
permit the development of a motel and restaurant;
AND WHEREAS the Council of the Town of Newcastle has approved certain plans
referred to under paragraph number 2 of this Agreement subject to the Owner
entering into this Agreement pursuant to Section 35(a) of The Planning Act.
A
2 -
NOW 'THEREFORE, in consideration of 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 operating conunercial buildings to include
a motel and restaurant.
2. The Town of Newcastle hereby approves the site plan annexed
to this agreement as Schedule "C" showing the location of the proposed
building extension and the location of all other facilities required by
this agreement.
3. 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 accordance with specifications to be approved by the Director of
Public Works which shall include a surfacing of parking areas with con-
crete or bituminous asphalt.
4. SNOW REMOVAL
The Owner agrees to remove 111 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 the site plan
approved by the Director of Public Works and annexed to this Agreement as
Schedule "C".
6. FLOODLIGHTING
The Owner agrees to provide floodlighting of the "said lands"
in accordance with Schedule "C" and 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".
7. FENCING AND LANDSCAPING
The Owner agrees to erect and maintain walls and plant and
maintain hedges, trees, shrubs or other suitable ground cover in accord-
ance with Schedule "C" of this Agreement.
8. GARBAGE AND WASTE
(a) The Owner agrees to provide and maintain enclosed
central storage facilities as may be required by the
Town for the 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 a minimum of once per week, or as often
as may be deemed necessary by the Director of Public
Works and/or the Fire Chief.
9. APPROVAL 01' 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.
10. 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 Land Titles
Act, R.S.O. 1979, as amended against any and all subsequent owners of
the "said lands".
11. BUILDING PERMIT
The Town agrees that upon the Owner complying with the provis-
ions 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.
4
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 re-
ferred 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 Agree-
ment.
13. CONSTRUCTION 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.
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.
e ) J. CANTY
THE CORPORATI OF THE TOWN F NEWCASTLE
Per: < v �
Mayor '
Per:
)
)
SCHEDULE "A"
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, Province of Ontario,
and being composed of part of Lot 25 in the First Concession
of the Geographic Township of Clarke, formerly in the Village
of Newcastle, County of Durham, containing by admeasurement
2.886 acres, be the same more or less, the boundaries of
the said parcel being more particularly described as follows=-
COMMENCING at an iron bar planted in the southerly limit of
King' s Highway Number 2 as widened by deposited P1an .Number
904, distant 588. 68 feet measured south 72 degrees 25 minutes,
30 seconds west therein from a point in the easterly limit of .
said Lot 25 distant 10. 00 feet measured south 17 degrees, -
52 minutes, 30 seconds east from the northeasterly angle of
said Lot 25, said iron bar marking the northwesterly angle
of the lands designated as Part 6 according to Plan R.D. Number
50, registered in the Land Registry Office for the Registry
Division of Newcastle (#10) on July 30, 1970.
THENCE southerly and easterly along the limits of the lands
designated as Part 6, Part 5 and Part 4, according to said
Plan R.D. Number 50, on the following courses and distances;
South 17 degrees, 34 minutes, 30 seconds east, 17. 00
feet to an iron bar;
North 72 degrees, 25 minutes 30 seconds east, 102. 04
feet to an angle therein;
North 89 degrees , 33 minutes, 10 seconds east, 67. 9
feet to an angle therein.
North 72 degrees, 25 minutes 30 seconds east, 67. 85
feet to an angle therein;
South 39 degrees, 04 minutes, 30 seconds east, 148. 19
feet to an iron bar planted at the point of intersection
with an old fence running westerly;
THENCE south 72 degrees, 27 minutes west in the line of the
aforesaid fence a distance of 786. 34 feet to an iron bar;
I �I
I �,
- 2 -
_ `� THENCE North 17 degrees, 53 minutes 20 seconds west
a
distance of 167. 53 feet more or less to an iron bar marking
the southeasterly angle of the lands designated as Part 1,
according to Plan R.D. Number 40;
THENCE north 18 degrees, 11 minutes, 30 seconds west along
the easterly limit of the lands designated as Part 1 aforesaid
a distance of 7. 00 feet to the northeasterly angle thereof;
THENCE north 72 degrees, 25 minutes, 30 seconds east along
the southerly limit of King' s Highway Number 2 as widened
by Deposited Plan Number 904 a distance of 498. 20 f`eet more
or less to the POINT OF COMMENCEMENT.
I
This is Schedule "A" to the Development Agreement which has
been authorized and approved by By-Law 80-46 of the
Corporation of the Town of Newcastle enacted and passed
this 21st day of April A.D. 1980 .
SIGNED, SEALED AND DELIVERED ) The Corporation of the Town '
in the presence off ) of Newcastle
Per :,
Mayor—
Per :
�---,.� C 1 erk
James H.. Canty
I
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tIi
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t
CERTIFICATE AS TO TITLE
TO ,
�
THE SITE PLAN AGREEMENT dated the day of '
1980
I
B E T W E E N:
JAMES CANTY
I
- and -
THE CORPORATION OF THE TOWN OF NEWCASTLE
I, Grant H. Armstrong, a Solicitor of the Supreme
Court of Ontario, do hereby certify that the above-named
Onwer, James Canty, is the sole owner in fee simple of all
land included in Schedule "A" attached hereto.
I further certify that there are no mortgages or other
encumbrances upon the said land or any part thereof, save and
except the following:
(a) an existing first and second mortgage registered in
favour of Federal Business Development Bank.
j
(b) a Grant of Easement between James Canty and H.M. the
Queen.
DATED at Oshawa, this 11th day of April ,1980 .
i'
GRANT H. ARMSTRONG, Solicitor
This is Schedule ''B " to the Development Agreement which has
been authorized and approved by By-Law 80-46 of the
Corporation of the Town of Newcastle enacted and passed
this 21st day of April A.D. 1980.
SIGNED, SEALED AND DELIVERED ) The Corporation of the Town
in the presence of: ) of Newcastle
Per
_ Ma
`--'� Per
a es H. Canty � {!
LIST OF SCHEDULES
A - Legal Description
B - Affidavit of Ownership
C - Site Plan including:
location of buildings
landscaping and fencing
floodlighting
grading and drainage
V
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l SCHEDULE °'C"
THIS SCHEDULE IS SCHEDULE "C" to the Development Agree-
ment which Luis been authorized and approved by By-law 80- ` A -
of the Corporation of the Town of Newcastle, ENACTED AND PASSED the
-KAGY of &V--, A.D. 1980.
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SIGNED, SEALED AND DELIVERED )
in the presence of:
THE CORPORATION OF THE TOWN OF NEWCASTLE
)
Per
Mayor
Per:
Clerk
MMES H. CAN
����h9 @31i'1"� I96�S9!lz�Sd'@�IIiIP�I: WITNESS
Larry Simpson
of the Town of Newcastle
in the Regional Municipality of Wham
NIAKI-,O/\ III AND SAY:
I am a subscribing witness to the attached instrument and I was present anti saw it executed [at
Newcastle, Ontario by James H. Canty
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 Newastle /p A
in the Region of Durham
and Province of Ontario ,
this `. �° .,�- clay of
A Commissioner, etc.
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DATE: APRIL 25 1980
BEUVEEN J, CANTY
AND
Tf-lE CORPORATION OF THE
`TOWN OF N-NVCASTLE
DEVELOPMENT AGREEMENT
99156
140. joll of Nau'lcastle 10)
Land R -i
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I CERTIFY th?t this instfufftw'lt Is registered as a'
JUN 3 0 19W in the
1 ) "9- D THE OF IN F Re aiatry tand TOWN NSVCASTLE,
ottiols, 40 TEMPERANCE, STREET
Town d N."McastIO REGISTRAR BOWMANVILLE, ON'T'ARIO
Ontario. LJ.0 3A6
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PLAN SHOWING
PART OF LOT 25,CONCESSION I
VILLAGE OF NEWCASTLE
(FORMERLY TOWNSHIP OFCLARKE)
COUNTY OF DURHAM
50798
(File 71174
KING'S HIGHWAY N2 2 (Rood
LOT AREA
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CONCESSION
SURVEYOR'S CERTIFICATE
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