HomeMy WebLinkAbout82-126
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 82- 126
being a By-law to authorize the entering into of an Agreement with
Norman Hoskin .
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 Agreement between Norman Hoskin and the said
Corporation dated the 21st day of June, 1982, in the form attached
hereto as Schedule "X".
2. THAT Schedu1 e "X" attached hereto forms part of thi s
by-law.
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
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OEVELOPMENT AGREEMENT MAOE (in quintuplicate) this 21st day of
June, 1982
BET WEE N:
NORMAN HOSKIN,
hereinafter called the "OWNER" OF THE FIRST PART
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THE CORPORATION OF THE TOWN OF NEWCASTLE,
hereinafter called the "TOWN 'I OF THE SECOND PART
WHEREAS the lands affected by this agreement, are described in
Schedule "A hereto and hereinafter referred to as the "said lands";
. AND WHEREAS the Owner has represented to the Town that the said lands
are registered in the name of NORMAN HOSKIN who is the beneficial
owner of the said lands as stated in the affidavit attached to this
agreement as Schedule "B";
AND WHEREAS the Owner proposes to erect 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 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 hereinafter contained, the parties hereto agree as
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follows:
1. Annexed hereto and marked as Schedule "C" is a site plan
showing the size, location, elevation and exterior architectural
design.of the building which the Owner proposes to erect on the "said
lands", which shall be approved by the Director or Planning and the
Director of PUbli~;.\, -#
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2. The Owner agrees that no buildings or structures, other than
the building shown on Schedule "C" shall be erected on the "said
lands" a~d further, that in the construction of such building the
Owner will comply with the elevations, exterior architectural design,
the location of the buildings on the lot and all other matters
relating to the building shown on Schedule "C".
3. PARKING AND LOADING
The Owner agrees to provide and maintain off-street parking
and driveway access in accordance with Schedule "C" 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 bituminious asphalt. No parking of vehicles shall be
permitted on access or driveway areas which shall be signed and
. maintained as fire access routes to the satisfaction of the Fire
Chief.
4.
GARBAGE AND WASTE
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(a) The Owner agrees to provide and maintain enclosed garbage
and waste storage facilities as may be required by the
Town for the storage of garbage and other waste materials
from the buildings 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
Director of Public Works and the Fire Chief.
5. SNOW REMOVAL
The Owner agrees to remove all snow from access ramps,
driveways, parking areas, loading areas and walkways within twelve
hours of the cessation of any fall of snow.
6. GRADING AND DRAINAGE
The Owner agrees to undertake the grading of and provide for
at his cost the disp.osal of storm, surface and waste water from the
"said lands" and from any buildings or structures thereon in
accordance with plans and specifications to be approved by the
Director of Public Works and annexed to this agreement as a portion
of Schedule "C".
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7. FLOODLIGHTING
The Owner agrees to provide floodlighting of the "said lands"
and building in accordance with plans and specifications to be
approved by the Director of Public Works 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".
8. FENCING AND LANDSCAPING
The Owner agrees to erect and maintain fences and plant and
maintain, trees, shrubs or other suitable ground cover in accordance
with plans and specifications to be approved by the Director of
Public Works and the Director of Planning to provide adquate
landscaping of the "said lands" and protection to adjoining lands.
. 9. SIDEWALKS
The Owner agrees to reconstruct or repair, to the Town's
specification, a sidewalk along those portions of I which abut the
"said lands" and which may require reconstruction or repair as a
result of the construction of the building and structures to be
erected on the "said lands".
10. APPROVAL OF 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.
11. 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". The Owner further agrees to reimburse
the Town for all reasonable legal fees associated with undertaking
the registration of this agreement.
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12. APPROVAL OF COST ESTIMATES
The Owner agrees that, prior to the issuance of any building
permit for the building identified on Schedule "C" hereto, the
estimated cost of construction and installation of the external works
requi red by thi s Agreement, herei nafter call ed the "Works Cost
Estimate"shall be approved by the Director of Public Works and
annexed to this Agreement on Schedule "0".
The said approved "Works Cost Estimate" shall be deemed to
have been included in this Agreement at the date of its original
execution, whether or not it was, in fact, so included and whether
or not it is, in fact, entered in Schedule "0" hereto.
13.
PERFORMANCE GUARANTEE REQUIRED
(1) Prior to the issuance of any authorization to commence
work, the Owner shall provide the Town with a
"Performance Guarantee", in the fonn of cash or an
irrevocable letter of credit issued by a chartered
Canadian Bank in an amount equal to the "Works Cost
Estimate". The "Performance Guarantee" may be used by
the Town as set out in clause 14 in the event that the
Owner fails to satisfactorily meet the requirements of
this agreement in respect of the provisions of the
specified works and facilities.
(2) All 'submissions made under clause (l ) above, shall be
approved by the Treasurer of the Town.
USE OF PERFORMANCE GUARANTEE
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14.
The Owner agrees that the Town may, at any time, by resolution
of Town Council, authorize the use of all or part of any Performance
Guarantee if the Owner fails to pay any costs payable by the Owner or
construct any works required by the Town under this Agreement.
15. PERMITS
The Town agrees that upon the Owners complying with the
provisions of this Agreement respecting approval of all plans and
specifications required herein, building permits will be issued in
accordance with the plans subject to payment of the usual permit fees
and other fees as are payable under By-law currently in force in the
Town and provided that all building plans comply with the Ontario
Building Code and such other Municipal By-laws as may be relevant.
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The Town further agrees that upon the Owner complying
with provisions of By-law 76-25, as amended (Sign By-law) sign permits
will be issued in accordance with said By-law subject to payment of
the usual permit fees currently in force.
16.
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
of this Agreement.
lapse upon the expiry of two years from the date of the execution
17.
CONSTRUCTION COMMENCEMENT
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The Owner agrees to commence construction of any building
or
buildings for which a permit may be issued under Paragraph 15
mreof as soon as is reasonably practicable fOllowing the issuance
of any such permit.
18.
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.
4It IN WITNESS WHEREOF the parties have hereto 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
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) THE CORPORATION OF THE TOWN OF
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DYE 8< DURHAM CO. LIMITED
FORM NO. 114
AFFIDAVIT OF SUBSCRIBING WITNESS
I,
George T. Pollitt
of the
City of Oshawa
in the
Regional Municipality of Durham
Solicitor
make oath and say:
I am a subscribing witness to the attached instrument and I was present and saw it executed
at Hallpton, On tario by !'Jorman HOBk in
Said Inatrullent being a Development Agreement dated June 21, 1982.
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 City of Oshawa, in
the Regional Municipality of Durham
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this 20th day of August,
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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 it". Where executed under a power of attorney insert "(name of attorney) as attorney for (name of party)"; 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)".
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
c1aWle substitute "1 verily believe thot the person whose signature 1 witnessed was authorized to execute the instrument as attorney for (name)".
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LIST OF SCHEDULES
A
Legal Description of Said Lands
B
Affidavit of Ownership
C
Site Plan including:
Location of Buildings
Landscaping and Fencing
Floodlighting
Grading and Drainage
D
Works Cost Estimate
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THIS IS SCHEDULE "A" to the Agreement which has been authorized and
approved by By-law No. ~ ~-/:Lb of the Town of Newcastle. enacted
and passed the (7.. 0 K. day of .sJ.r.f ~bv ,198).....
LEGAL DESCRIPTION OF SAID LANDS
(metes and bounds description to be provided by Owner)
as per attached
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IN WITNESS WHEREOF the parties have hereto affixed their corporate
seals by the hands of their proper signing officers duly authorized
inthat~ ~
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) THE CORPORATION OF THE TOWN OF
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SCHEDULE "A"
ALL AND SINGULAR that certain parcel or tract of land and premises,
situate, lying and being in the Town of Newcastle, ~n the Regional
Municipality of Durham, formerly in the County of Durham and being
composed of that portion of Lot 16, Concession 5 of the Geographic
Township of Darlington, more particularly described as follows:
FIRSTLY:
COMMENCING at a point in the interior of the said Lot 16, said
point being in the Eastern limit of Scugog Road, which point may be
located as follows:
BEGINNING at a standard iron bar in the Eastern limit of the said
Lot 16 where it is intersected by the Northern limit of the Road
Allowance between Concessions 4 and 5 (Taunton Road) as widened;
THENCE South 72 degrees 13 minutes 40 seconds West along the said
Northern limit of the Road Allowance as widened, 886.70 feet;
THENCE South 72 degrees 12 minutes 30 seconds West continuing along
the said Northern limit of the Road Allowance as widened 150.16 feet
to the point of commencement;
THENCE North 72 degrees 12 minutes 30 seconds East along the said
Northern limit of the Road Allowance as widened, 150.16 feet to an
. iron bar in line with a fence running Northerly;
THENCE North 30 degrees 17 minutes 20 seconds West along the said
fence, 189.56 feet;
THENCE South 61 degrees 40 minutes 20 seconds West 215.62 feet to
the aforesaid Eastern ,limit of Scugog Road;
THENCE South 53 degrees 01 minutes 20 seconds East along the said
Eastern limit of Scugog Road 178.29 feet to the point of commencement;
BEAaINGS herein are referred to the Northern limit of the lands
described in Registered Instrument No. 15568 shown as North 61 degrees
40 minutes and 20 seconds East on a plan of survey signed by C. F.
Fleischman, O.L.S., which said parcel only, is hereinafter referred
to as "the said lands".
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SECONDLY:
ALL AND SINGULAR that certain parcel or tract of land and premises,
situate, lying and being part of Lot 16, Concession 5 in the said
Geographic Township of Darlington in the Town of Newcastle, more
particularly described as follows:
COMMENCING at a point in the east limit of Scugog Road which point
may be located as follows:
BEGINNING at the southeast angle of Lot 17, in the 5th Concession
of the said Town of Newcastle;
THENCE North 71 degrees 50 minutes 50 seconds East along the north
limit of the allowance for road between the 4th and 5th Concessions
355 feet and 3~ inches to an iron bar planted at the intersection of
~aid limit with the east limit of Scugog Road; being the point of
commencement of the herein described parcel of land;
THENCE North 52 degrees 2 minutes 20 seconds West along said East
limit 9 feet 11% inches to an iron bar planted therein;
THENCE North 72 degrees 12 minutes East 150 feet to an iron bar
planted in line with a fence running northerly;
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SCHEDULE "A"
Page 2
THENCE South 30 degrees 17 minutes 20 seconds East 7 feet and 4 and
3/4 inches to a point in the north limit of the said allowance for
road between the 4th and 5th Concessions;
THENCE South 71 degrees 50 minutes 50 seconds West along said north
limit 145 feet ll~ inches to the point of commencement.
SUBJECT to an easement in favour of the Hydro Electric Power
Commission of Ontario dated July 9th, 1930, and registered May 16th,
1931 as No. 15042.
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THIS IS SCHEDULE liB" to the Agreement which has been authorized and
approved by By-law No. ~..\.~/~," of the Town of Newcastle, enacted
and passed the d-O 1t. day of ~~ ,1982-.
AFFIDAVIT OF OWNERSHIP
(to be provided by Owner)
I, NORMAN JOHN HOSKIN, df the Town of Newcastle,
in the Regional Municipality of Durham, am the owner of
Part of Lot 16, Concession 5, Geographic Township of
Darlington, now the Town of Newcastle, the lands being
more particularly described as set out in Schedule "A"
and registered in the Registry Office at Bowmanville on
the 24th day of August, 1978, as Instrument No. 90483.
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SWORN BEFORE ME at the )
Village of Hampton, in ~ 0:
the Regional Municidality)
s.7 ) Norma
of Durham, this e\ day )
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THIS IS SCHEDULE "C" to the Agreement which has been authorized and
approved by By-law No. ~~-/~, of the Town of Newcastle, enacted
and passed the ;J." iJ.... day of ~~ ,1981-.
as per attached
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IN WITNESS WHEREOF the parties have hereto affixed their corporate
seals by the hands of their proper signing officers duly authorized
in that behalf.
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! J(J~ ~LERK
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PLAN SHOWING
PART OF LOT 16, CONCESSION 5
TOWN OF NEWCASTLE
REGIONAL MUNIC IPALtTY OF DURHAM
(FORMERLY TOWNSHIP OF DARLlNGTON1COUNTY OF DURHAM)
METR'C- DISTANCES SHOWN ON THIS PLANARE
IN METRES AND CANBE CONVERTED TO
FEET BY DIVIDING BY 0'3048.
DRAWING SCALE. ">:20'
AREA OF PROPERTY 29/3 m2
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SCHEDULE IC'
APPROVED SITE PLAN
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R. DIJP"UIS, DIRECTOR OF PUBLIC WORKS
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T.IT". EDWARDS, DIRECTOR OF PLANNING
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S. E. ANGl E OF
. LOTI7,CON.S EXISTING ENTRANCE
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ALLOWANCE BETWEEN CONCESSIONS 4 a 5J
'DURHAM ROAD Nt]. 4'
TAUNTON ROAD
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ONTARfOqAND SURVEYOR
JULY 27, 1982
H. F. GRANDER Co. Ltd.
ONTARIO LAND SURVEYOR
172 WATE R STREET
POST OFFICE BOX 6/6
PORT PERRY, ONTARIO
PROJECT N242194 TEL. (416)985-3600 flOB fNO
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THIS IS SCHEDULE "0" to the Agreement which has been authorized and
approved by By-law No. ("J..,/-a' of the Town of Newcastle, enacted and
passed the "l...o ij" day of ~f..p- r. L~ , 198J-. .
WORKS COST ESTIMATE
(to be determined)
IN WITNESS WHEREOF the parties have hereto affixed their corporate
seals by the hands of their proper signing officers duly authorized
in that behalf.
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) THE CORPORATION OF THE TOWN OF
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No.
Registry Division of NewaIstfe (No. 10)
· CERTIFY that this instrument is registeIeCI. of
,N,. NG~ 4 :u;)4 ,"'ll,.~ E THE E t~:
UnCI.~M 6"u NOR~1AN HOSKUJ
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THE CORPORAT I at!
109222
DATED:
1982
OF THE TOWN OF NEWCASTLE
DEYELnpr~Et!T AGP-EEtlEt!T
The Corporation of the Town of ~jewcastle
PlanninQ Depart~ent
~1unicipal Offices
HM1PTmJ, Ontario, LOn lJ()
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File: S-P-1-21
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