HomeMy WebLinkAbout82-143
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 82- 14~
being a By-law to authorize the entering into of an Amending
Agreement with Robert Irving Gill, Senior and Robert Irving Gill,
Junior, carrying on business under the name and style of Port
Darlington Marina Hotel.
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 Robert Irving Gill,
Senior, and Robert Irving Gill, Junior, carrying on business under
the name and style of Port Darlington Marina, and the said
Corporation dated the day of , 1982, in the form
attached hereto as Schedule "XII.
2. THAT Schedule II XII attached hereto forms part of thi s
by-law.
BY-LAW read a first time this 18th day of
BY-LAW read a second time this 18th day of
BY-LAW read a third time and finally passed this
October 1982
October
October
18th
1982
1982
day of
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SCHEDULE X to By-law 82-143
17/)-('0
AMENDING DEVELOPMENT AGREEMENT MADE (in quintuplicate) this day
of 1982
BET WEE N:
ROBERT IRVING GILL, the Senior, of the Town of
Newcastle in the Regional Municipality of Durham,
and ROBERT IRVING GILL, the Junior of the same
place, carrying on business under the name and
style of PORT DARLINGTON MARINA HOTEL, as
partnership property
hereinafter called the "OWNER" OF THE FIRST PART
- and -
THE CORPORATION OF THE TOWN OF NEWCASTLE,
hereinafter called the "TOWN" OF THE SECOND PART
WHEREAS the Owner warrants that it is the registered owner 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 81-173 and the Owner and the
Town have executed a Development Agreement which was duly registered
in the Land Registry Office for the Land Registry Division of
Newcastle (No. 10) as Instrument Number 105274;
AND WHEREAS the parties hereto agree to amend said Development
Agreement;
NOW THEREFORE, in consideration of the mutual agreements and
covenants and provisoes contained herein, the parties hereto agree as
f 011 ows :
1. Section 2 to the Development Agreement registered as
Instrument No. 103893 between the parties hereto, is hereby amended
by adding the following to the end of said Section:
"unless otherwise approved by the Director of Planning and the
Director of Public Works.", so that Section 2 reads as follows:
"2. The Owner agrees that no buildings and no structures other than
the buildings shown on Schedule "e" shall be erected on the s~id
lands and further, that in the construction of such building, the
Owner will comply with the elevations, exterior architectural design,
the location of the building on the lot, and all other matters
relating to the building unless otherwise approved by the Director of
Planning and the Director of Public Works."
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.
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SIGNED, SEALED AND DELIVERED)
) ROBERT IRVING GILL, Senior
)
) ROBERT IRVING GILL, Junior
)
) THE CORPORATION OF THE TOWN OF
) NEWCASTLE
)
)
) MAYOR
)
)
) CLERK
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THIS IS SCHEDULE "A" to the Agreement which has been authori zed and
. approved by By-law No. of the Town of Newcastle, enacted
and passed the day of , 1982.
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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 (formerly the Town of Bowmanville, County of
Durham) and being composed of all of Town Lots numbered 1,2,3,4,5,11,
12,13, part of Town Lots numbered 6,7,14 and 15 and part of an
unopened lane all in Block "K", part of unopened George Street and
part of Block "N", all according to the Smart Plan of Subdivision
made byL.H.Short, P.L.S., dated the fourth day of May, 1858, and part
of unsubdivided Lot 10 in the Broken Front Concession of the former
Township of Darlington, thence within the limits of the former Town
of Bowmanville, containing by admeasurement 5.2 acres, be the same
more or less, the boundaries of the said parcel being more
particularly described as follows:
PREMISDG \bat a...-oa A"D. 1n hemt ot Slooa "Je- and "Q" h...., &
bear1ng ot North 19 degree. 54 minute. Weat and "latina all b,,~z:'."nl'
herein theretoJ
BEGINNING at tbe lntereaeotlon or the Weat 111111t ot Slmpson Avenue
with the South l1mit ot a Publ1c Road runn1ns V..terl" 8ald lnter-
sectlon 2605 teet 2 718 lncne. measured SoutberlJ along the West
11r.11t or Slmpson ^venue trom the lntersectlon with tbe North 11rr11t ot
aaid _Township Lot 10, said polnt herelnafter reterred to aa ?olnt itA"
'rHENCE south 85 degrees 34 minutes 30 second. W..t along the Sa.a th
l1mit ot 8ald Publlc Road a 41.tance ot 1143 teetJ
THENCE South 06 d.grees 30 minutes East a distance ot 91 feet, 00
inches J
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THENCE South 31 degrees 09 mlnutes East a dlatance ot 366 teet 00
inches;
THEUCE South 48 degree8 52 mlnutea Eaat a distance ot 90 feet 00
inches J
THENCE South 81 degrees 32 mlnutes Eaat a d1stance of 340 feet 00
ir~cheD ;
THENCE South 68 ~egreea 19 mlnutes East a distance of 91 feet 6 1nche
to the point of commencement of the 1ando to be herein descr1Led;
THFNCE South 56 degrees 06 minutes East a distance of 195 feet 00
inches;
THENCE South 38 ~egree9 35 minute" Emit a d1stance ~Qr 465 feet 00
inches)
'l'lIENCE North 70 degrees 06 minutes East 8 distance' or 404 feet to the
'.'Je~t limit or aald Slmpson ^venueJ .
TlmNCE North 1~3 de{;rees 38 minutes ~/est a long asid ~/est 11ml t 0 ~is-
tance of 83 feet 10 1nche8J
THENCF.~orth 19 degrees 54 minutea West c~~tinu1ng a10n~ said West
liw1t a d1atance ot 314 teet 1 lnch more or 1e.s to a point distant
642 feet 00 lnohes measured southerly therein from Point "A")
THENCE w..ter1y,ln a strelght line a d1stanc. or 670 teet more or
leS8 to t~ ~POINT OF COIo1MENCEMF.N'1'.
IN WITNESS WHEREOF the parties have hereto affixed their corporate
seals by the hands of their proper signing officers duly authorized
in that behalf.
)
) ROBERT IRVING GILL, Senior
)
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)
)
)
)
)
)
ROBERT IRVING GILL, Junior
THE CORPORATION OF THE TOWN OF
NEWCASTLE
MAYOR
CLERK
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DATED:
1982
BET WEE N:
ROBERT IRVING GILL, the Senior
ROBERT IRVING GILL, the Junior, c.o.b.
in the name and style of PORT DARLINGTON
MARINA HOTEL
- and -
THE CORPORATION OF THE TOWN OF NEWCASTLE
DEVELOPMENT AGREEMENT
The Corporation of the Town of Newcastle
Planning Department
Municipal Offices
HAMPTON, Ontario, LOB lJO
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