HomeMy WebLinkAbout82-112
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY -LAW 82-112
being a by-law to authorize the execution
of an Agreement with Mr. J. S. W. Ralfe and
Mrs. Margaret Helen Ralfe in respect of
the use of Block "J" on Registered Plan
702
The Council of the Corporation of the Town of Newcastle
HEREBY ENACTS AS FOLLOWS:
1. 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 Mr. J. S. W. Ralfe and
Mrs. Margaret Helen Ralfe and the said Corporation, with respect
to the use of Block "J" on Registered Plan 702, being a
Municipality owned parcel designated for a pedestrian walkway.
2. THAT By-Law 82-102 is hereby repealed.
By-law read a first and second time this 6th day of August 1982
By-law read a third time and finally passed this 6th day of August 1982
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Mayor
Seal
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.. Authorized By By-law 82-112 Passed on the 6th day of August 1982.
AGREEMENT in respect of the use of Block "J" in Registered Plan 702 in
the former Town of Bowmanville, now in the Town of Newcastle
made the to TH day of ,q.u t; (.{ Sr 1982
BETWEEN:
JOHN S. W. RALFE AND MARGARET HELEN RALFE,
being the Parties of the First Part;
the owners of Lot 85 on Registered Plan 702
in the former Town of Bowmanville, now in
the Town of Newcastle
and
THE CORPORATION OF THE TOWN OF NEWCASTLE;
being the party of the second Part;
liThe Town of Newcastle."
e WHEREAS, the Town of Newcastle is the registered owner of Block "J" on
Registered Plan 702, being the Waverley Heights Subdivision in the former
Town of Bowmanville, now in the Town of Newcastle; and
WHEREAS Block IIJ" was conveyed to the Town of Newcastle for the purposes of
providing pedestrian access to abutting lands; and
WHEREAS, the Corporation of the Town of Newcastle deems it advisable to enter
into an Agreement with the O\'lJ)ers of Lot 85 abutting Block IIJII 1n respect of
their use of Block IIJII.
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It is now agreed between the parties, in mutual consideration of the provisions
within this agreement that:
1. The owners of Lot 85, on Registered Plan
702 will maintain Block "J" as lands adjacent
and incidental to the residential use of their
lands only, and as such, shall not erect any
permanent structures thereon, but may fence
and landscape Block "J";
and
2. The owners shall rel inquish any claim to Block "JII
that might arise through the continued use of such
lands and shall save the Town of Newcastle harmless
from any action or cause of action that might arise
from their use of such lands;
and
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3. The owners recognize that the "Town of
Newcastle" may at such time as may be deemed
appropriate use and develop Block "J" as a
pedestrian walkway;
and
4. The owners recognize that the Town of Newcastle
may at any time without notice, enter onto
Block "J" for the purposes of maintaining or
constructing storm drains within the Block or
for constructing a pedestrian walkway and that
any landscaping or fencing may be removed at
the sole expense of the owners;
and
5. The owners agree that this agreement may be
registered on the title of their lands and
Block "J" as may be appropriate.
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SIGNED BV: k
. M
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~/7fWIOJ-/- J~ ~,,f; Ifl# "
/ 1/ (i 0 tl MR. R RET HELEN F:
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MA VOR, TOWN OF NEWCASTLE ,. ,
, .
AFFIDAVIT OF SUBSCRIBING WITNESS
I,
MARGARET SIMPSON
TOWN OF NEWCASTLE
REGIONAL MUNICIPALITY OF DURHAM. SECRETARY
of the
in the
make oath and say:
I am a subscribing witness to the attached instrument and I was
present and saw it executed at the Town of Newcastle by
John S. W. Ralfe and Margaret Helen Ralfe.
e
I 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
e
Newcastle in the Regional
Municipality of Durham, this
771a1dH~~
1st day of September 1982.
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A Commissioner for taking
affidavits, etc.
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',.I\lo. "
.' Regish Division of N€wc<ist!e (No. 10)
I CElt' IFY that this instn!ment is registered as o~
SEP 2~M. \ \ 00 l~ '61. in the
l.and Registry
Office at
Bowmanville,
Ontario.
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DATED
1982
THE CORPORATION OF THE TOWN OF NEWCASTLE
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JOHN S.W, RALFE & MARGARET HELEN RALFE
AGREEMENT FOR THE USE AND MAINTENANCE
OF BLOCK "J" ON REGISTERED PLAN 702
The Corporation of the Town of Newcastle