HomeMy WebLinkAbout82-124
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 82- 124
being a By-law to authorize the entering into of an Amending
Agreement with Armstrong Stores Limited.
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's seal, an Amending Agreement between Armstrong Stores
Limited and the said Corporation dated the 'd.'4ikday of Ft.lrt~
198.3, in the form attached 'hereto as Schedul e "X II .
2. THAT Schedule "X" attached hereto forms part of this
by-l aw.
BY-LAW read a first time this 20th day of September 1982
BY-LAW read a second time this 20th day of September 1982
BY-LAW read a third time and finally passed this
20th
day of
September
1982
t~
;t<<J.~,
~ . W. OAKES, CLERK
I File NOh.uu~Q.u..5L.Dj,;l.._"h.J
I
h;,aw , NO;uJt2.=-~.<?_r.1
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AMENDING DEVELOPMENT AGREEMENT MADE (in quintuplicate) this 2~day
of f~at.",.1CJ 19aJ
BET WEE N:
ARMSTRONG STORES LIMITED,
hereinafter called the "OWNERS" OF THE FIRST PART
- and -
THE CORPORATION OF THE TOWN OF NEWCASTLE,
herei nafter call ed the "TOW.!" OF THE SECOND PART
.
WHEREAS the Owners warrant that they are the registered owners of
those lands described in Schedule "A" attached hereto and hereinafter
referred to as the "said lands";
AND WHEREAS the Town has passed By-law 79-149 and the Owners and the
Town have executed a Development Agreement which was duly executed
and registered in the Registry Office for the Land Registry Division
of Newcastle (No. 10) as Instrument Number 100965;
AND WHEREAS the Council of the Town of Newcastle has resolved to
approve an amendment to the aforesaid Agreement;
AND WHEREAS the parties hereto agree to amend the said Development
Agreement;
NOW THEREFORE, in consideration of the mutual agreements and
covenants and promises contained herein, the parties hereto agree as
foll ows:
.
1. Paragraph 2 of the Development between the Town of Newcastle
and Armstrong Stores Limited registered in the Registry Office for
the Land Registry Division of Newcastle (No~ 10) as Instrument Number
100965 is hereby amended by deletion in its entirety and insertion of
the following new Paragraph No.2:
112. The Owner covenants and agrees that no deviations or ~hanges
shall be made from the plans drawn as forming Exhibit "I", except
such changes as may be approved jointly by the Director of Planning
and the Director of Public Works, in order thai such plans and
drawings shall comply with all relevant provisions of the building or
zoni n9 or other by-l aws of the T own and the Ontari 0 Bui 1 di ng Code. II
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2. Paragraph 19 of the Development Agreement between the Town of
Newcastle and Armstrong Stores Limited registered in the Registry
Office for the Land Registry Division of Newcastle (No. 10) as
Instrument Number 100965 is hereby amended by deleting said Paragraph
19 in its entirety, and replacing with the following new Paragraph
19:
"19. FIRE PROTECTION
The Owner agrees to install, at his expense, an extension of
the watermain from Mill Street to the said lands, complete with a
fire ~drant with pumper port in a location satisfactory to the Town
of Newcastle Fire Chief.-
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3. Paragraph 21 of the Development Agreement between the Town of
Newcastle and Armstrong Stores limited registered in the Registry
Office for the Land Registry Division of Newcastle (No. 10) as
Instrument Number 100965 is hereby amended by deleting said Paragraph
21 in its entirety, and replacing with the following new Paragraph
21 :
.
"21. The Owner covenants and agrees that if it does not commence
construction of the buildings included. in Phase I as described in
Exhibit "1" hereof by December 31st, 1983, the Owner covenants and
agrees not to oppose any application by the Town to rezone the lands
to an appropriate residential zone and thereupon this agreement shall
become null and void. As an alternative, the Town and the Owner may
renegotiate the agreement and the Commercial Zoning may be
retained.1I
IN WITNESS WHEREOF the parties hereto have hereunto set 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 CORPORATION OF THE TOWN OF
I ~WCASTLE
I.. ~
I /P)'~
) r E
)
ARMSTRONG STORES LIMITED
~~-
Auth~r zed Signing Officer
~
THIS SCHEDULE IS SCHEDULE "A" to an Amending Agreement which has been
authorized and approved by By-law Number 82-1'~ of the Town of
Newcastle enacted and passed on the 2.ort.. day of S"~TC="-14~ 1982
LEGAL DESCRIPTION OF SAID LANDS
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 )former1y in the Village of Orono in the
County of Durham) in the Province of Ontario and being composed of
Lot Eleven (11), Rear Range, Block 1 on the East side of Mill Street
according to a plan of the said Village of Orono made by C.G.
Hanning, P.L.S., and part of Township Lot Twenty-Eight (28) in the
Fifth Concession in the Geographic Township of Clarke, lying East of
Blocks V, 1, 2 and 3, Hanning1s Plan, the boundaries of the said
parcel being more particularly described as follows:
PREMISING that the Easterly limit of said Lot 28 has a bearing of
North 18 degrees, 13 minutes 30 seconds West and relating all
bearings herein thereto;
COMMENCING at an iron bar marking the North-Westerly angle of said
Town Lot 11;
THENCE North 88 degrees 12 minutes 30 seconds East along the
Northerly limit of said Lot 11 a distance of one-hundred and
sixty-two and thirty-six one-hundredths feet (162.361) to an iron bar
marking the North-Easterly angle thereof;
. THENCE North 0 degrees 46 minutes West along the rear of Blocks 2 and
3 and intervening streets a distance of two hundred and twenty-six
and eighty-five one-hundredths feet (226.851) to an iron bar planted
in the Easterly limit of Lot 14, Rear Range, Block 3, at the point of
intersection with a fence running Easterly;
.
THENCE South 89 degrees 35 minutes 30 seconds East along the said
fence, a distance of three hundred and sixty-nine and seven-tenths
feet (369.7') to an iron bar planted at the point of intersection
with the Easterly limit of said Township Lot 28;
THENCE South 18 degrees 13 minutes 30 seconds East along the last
mentioned limit (being also the Westerly limit of King's Highway
Number 115 and 35) a distance of six hundred and eighty and
eighty-five one-hundredths feet (680.851) to an iron bar planted at
the point of intersection with a fence running westerly;
THENCE South 86 degrees 52 minutes West, along the said fence a
distance of five hundred and ninety-one and five-tenths feet (591.5')
to an iron bar planted in the Easterly limit of a street Southerly
adjacent to Block Y according to the said Hanning's Plan of the
Village of Orono;
THENCE North 1 degree 33 minutes East along the Easterly limits of
said street and Blocks Y and 1, and intervening street a distance of
three hundred and seventy-nine and two one-hundredths feet (379.02')
to an iron bar marking the South-Easterly angle of said Town Lot 11;
THENCE North 89 degrees 27 minutes West along the Southerly limit of
said Town Lot 11 and along a fence a distance of one hundred and
sixty and fifty-six one-hundredths feet (160.56') to an iron bar
marking the South-Westerly angle thereof;
THENCE North 0 degrees 46 minutes West along the Westerly limit of
said Lot 11 a distance of sixty-nine and four-tenths feet (69.41)
more or less to the POINT OF COMMENCEMENT.
The hereinabove described lands, containing by admeasurement, 7.65
acres be the same more or less are shown on a map or plan made by
M.D. Brown, Ontario Land Surveyor, which said plan is dated April
4th, 1966, a copy of which is attached to Instrument No. N30250.
- AND -
';;';'<::L:1iYJ-:c.. ,
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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 Village of Orono) and being
that part of Lot Number 28, in the Fifth Concession of the Geographic
Township of Clarke known as Village Lot Number 11 on the east side of
Mill Street in the West Range of Block 1, according to the plan of
the Village of Orono made by C.G. Hanning, P.L.S. and on file in the
Registry Office for the Registry Division of Newcastle (No. 10).
Being the lands described in Instrument No. 100965.
IN WITNESS WHEREOF the parties herto have hereunto set their hands
and seals and/or corporate seals by the hands of their proper signing
officers duly authorized in that behalf.
~IGNED, SEALED AND DELIVERED
) ARMSTRONG STORES LIMITED
! Auth~~~O~ficer
) THE COR ORATION OF THE TOWN OF
) WCASTLE
)
)
) ,
)
)
)
)
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THIS SCHEDULE IS SCHEDULE "B" to an Amending Agreement which has been
authori zed and approved by By-l aw tJumber 82- /2.. ~ of the Town of
Newcast1 e enacted and passed on the 2. 0 t"J.... day of S.;;YTe""f4fJew:. 1982
AFFIDAVIT OF OWNERSHIP
To be provided by Owner
BETWEEN:
ARMSTRONG STORES LIMITED
-and-
THE CORPORATION OF THE TOWN OF NEWCASTLE
I, GEORGE T. POLLITT, a solicitor of the Supreme Court of Ontario, do
hereby certify that the above named Subdivider is the sole owner in
fee simple of all land described in Schedule "A" to the Site Plan
Agreement dated
I further certify that there are no mortgages or other encumbrances
uDon the said land or any part thereof.
I further certify that ~rmstrong Stores Limited is the sole owner in
fee simple of all land to be conveyed to the Corporation of over
which easements or rights are to be conveyed to the Corporation
pursuant to the said Site Plan Agreement free from all encumbrances.
SIGNED, SEALED AND DELIVERED )
)
)
)
)
)
)
)
)
)
)
)
)
)
)
THE
in the presence of
}!ayor
Per
Per
L~:~.
Clerk
ARMSTRON~G ST~~LI~ITED
Per d~
Authori ed ~~ - Officer
..
"See footnote
"See footnote
.
.
*See footnote
"See footnote
DYE 8: DURHAM CO. LIMITED
FORM NO. 114
AFFIDAVIT OF SUBSCRIBING WITNESS
I,
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
by
I verily believe that each person whose signature I witnessed is the party ofthe same name referred to in
the instrument.
SWORN before me at the
l
this
19
day of
A COMMISSIONER FOR TAKING AFFIDAVITS, ETC.
* Where a party is unable to read the instrument or where a party signs by making his mark or in foreign characters add "after the instrument had been read to
him and he appeared fully to understand if'. Where executed under a power of attorney insert "(name of attorney) as attorney for (name of party)"; and for next
clause substitute t't'] verily believe that the person whose signature I witnessed was authorized to execute the instrument as attorney for (name)".
AFFIDAVIT OF SUBSCRIBING WITNESS
I,
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
by
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
I
this
day of
19
A COMMISSIONER FOR TAKING AFFIDAVITS, ETC.
" Where a party is unable to read the instrument or where a party signs by making his mark or in foreign characters add" after the instrument had been read to
him and he appeared fully to understand if'. Where executed under a power of attorney insert "(name of attorney) as attorney for (name ofpariy)"; and for next
clause substitute "1 verily believe that the person whose signature 1 witnessed was authorized to execute the instrument as attorney for (name)".
.
111 005
" ')b.
Re.gistly Division of tel. castle (No. 10)
, ~11FY thet this instrument is ~ tereC:I. ti
.M.
land IegisIIy
0Hice at
8owmaIMIe,
Ontario.
'D~tIie
Mia 1~ \ \ a5 ~M u:r"
~~
. PAID
LAND REGISTRY OFFICE NO. to
.$ -7'ou
, (I
.
.
OAT ED:
1982
BET WEE N:
ARMSTRONG STORES LIMITED
- and -
THE CORPORATION OF THE TOWN OF NEWCASTLE
AMENDING AGREEMENT
f Newcastle
SIMS, BRADY & MciNERNEY
BARRISTERS & SOLICITORS
P.o. BOX 358
117 KING STREET
WHITBY, ONTARIO L 1 N 4Z1