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HomeMy WebLinkAbout82-162 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 82- 162 being a By-law to authorize the entering into of an Amending Agreement with Solina Investments 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 Solina Investments Limited and the said Corporation dated the l~t day of ~~~ 1982, in the form attached hereto as Schedule "X". 2. THAT Schedule "X" attached hereto forms part of thi s by-law. BY-LAW read a first time this 1st BY-LAW read a second time this 1st day of day of November November 1st 1982 1982 day of BY-LAW read a third time and finally passed this November 1982 /~~ /&*7~~K}' .t I File NOonu.fo.O_:._'1&'u..!'lDumm I " AMENDING AGREEMENT MADE (in quintuplicate) this (..pf- day oW~~198v BET WEE N: THE CORPORATION OF THE TOWN OF NEWCASTLE Herei nafter called the "TOWN" OF THE FIRST PART - and - SOLINA INVESTMENTS LIMITED, hereinafter called the "0WNER" OF THE SECOND PART WITNESSETH THAT: WHEREAS the lands affected by this Agreement comprise a 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 Geographic Township of Darlington in the County of Durham) and being composed of Part of Lots 29 and 30 in the First Concession of the said former Geographic Township of Darlington, and being more particularly described in Schedule "A" hereto and hereinafter referred to as the "said Lands"; AND WHEREAS the Owners warrant that they are the registered owners of the said Lands; AND WHEREAS the Town has passed By-law 79-25 and the Town and Marnie Industrial 'park Limited have entered into a Subdivision Agreement which was duly executed and registered in the Land Registry Office for the Land Registry Division of Newcastle (No. 10) as Instrument Number 93756; AND WHEREAS Paragraph 60 of said Agreement provides for the assigning of the terms and provisions of said Agreement against any and all subsequent owners of the said-Lands described in Schedule "A" attached hereto; . 'f AND WHEREAS Solina Investments Limited is' now the registered owner of the said Lands described in Schedule "A" attached hereto, and as stated in the Affidavit attached to this Agreement as Schedule "B"; AND WHEREAS by virtue of the terms of Paragraph 60 of the above- referenced Subdivision Agreement, Solina Investments Limited is now responsible for all obligations pursuant to said Subdivision Agreement; AND WHEREAS the parties hereto agree to amend the said Subdivision Agreement; NOW THEREFORE, in consideration of the mutual agreements and covenants and promises contained herein, the parties hereto agree as foll ows: [BY, raw NO....-1~.l~~_1 .... ~ - 2 - 1. Paragraph 34 of the Subdivision Agreement between The Corporation of the Town of Newcastle and Marnie Industrial Park Limited registered in the Registry Office for the Land Registry Division of Newcastle (No. 10) as Instrument Number 93756 is hereby amended by deleting subsection (l)(v) in its entirety and replacing said subsection with the following new subsection: "(l)(v) In addition, the Owners agree that no application for any building permit shall be made in respect of any part of the said lands until the Owners or their successors in title have entered into a Site Plan Agreement, as contemplated by Section 40 of The Planning Act, R.S.O. 1980, with the Municipality, respecting the development of such part, which shall include provisions which shall specifically include, but not be limited to, the following: a) the grading and paving of all driveways as referred to in Section 2.(b) of Schedule IG1 hereto; and b) the landscaping provisions as referred to in Section 3(b),(c),(d) and (e) of Schedule IG1 hereto." 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 COR.PORATION OF THE TOWN OF In the Presence of: ) NEWCA~ .' ~~~~ ~ ~.~ ) CLERK ) ) ) ) ) MENTS LIMITED ~ ) ) , THIS IS SCHEDULE "A" to the Agreement which has been authorized and approved by By-Law No. r{)..,-/'V of the Town of Newcastle, enacted and passed the I~ J- day of f...) ~_ lD....,. 1982. LEGAL DESCRIPTION OF SAID LANDS ALL AND SINGULAR those certain parcels or tracts of lands and premises situate lying and being in the Geographic Township of Darlington within the former County of Durham, now within the limits of the Town of Newcastle, in the Regional Municipality of Durham and more particularly described as follows:- FIRSTLY: Parts of Lots 29 and 30 Concession 1 for the said Geographic Township of Darlington now designated as Parts 6, 7, 11, and 16 according to a Reference Plan of Survey deposited as Plan 10R-933i SECONDLY: Part of Lot 29 said Concession 1, Geographic Township of Darlington designated as Part 5 according to said Plan 10R-933 SAVING AND EXCEPTING therefrom that part of the said lands designated as Part 7 according to a Reference Plan of Survey deposited as Plan 10R-1229i THIRDLY: Parts of Lots 29 said Concession 1, Geographic Township of Darlington now designated as Parts 1, 2, 3, 4, and 5 according to a Reference Plan of Survey deposited as Plan 10R-1229i SIGNED, SEALED AND DELIVERED ) In the presence of: ( ) ( ) ( ) ( ) ( ) ( ) 'II' T~E CORPORATION OF THE TOWN OF NEWCASTLE ~ ~_ _ --L_ --/ MAYOR .' I Q~. (()~. ,- CLERK LIMITED, Per: President ,- . THIS IS SCHEDULE "B" to the Agreement which has been authorized and approved by By-Law No. <l;:2 rib V of the Town of Newcastle, enacted and passed the I'D)... day of ~ ___~~ .h.../ 1982. I, Harald Jensen, of the Town of Newcastle, in the Regional Municipality of Durham, MAKE OATH AND SAY AS FOLLOWS: 1. I am the President of Solina Investments Limited and as such have knowledge of the matters herein. 2. The said Solina Investments Limited is the owner in fee simple of the lands referred to in Schedule "A" attached to the above- mentioned Agreement. SWORN BEFORE ME at the City RIC . WOOD EY, a Commissioner, etc" Judicial District of Durham, for Jones & Jones, Barristers. Expires July 12. 1985. THIS IS TO CERTIFY THAT I HAVE INVESTIGATED TITLE OF THE ABOVE- of Oshawa, in the Regional Municipality of Durham, this IS~ day of t;Jt. .,.(!).~ 198 . MENTIONED SOLINA INVESTMENTS LIMITED AND BELIEVE IT TO BE THE OWNER 'I IN FEE SIMPLE OF THE LANDS SET OUT ~N SCHEDULE "A" ATTACHED TO THE ABOVE-MENTIONED AGREEMENT. Dated at Oshawa, Ontario, this 16" day of (!::k..,DBSR , 1982. f(;L~~or ~ , t-h 111006 ", Rdgistry Division of Newcastle {tit6. 10J . t CERTIFY that this instrument is registEwea8i of oM. land Regisby Office at Bowmanv~1e Ontario. I ~ ( / 7 ~co MAR Z5 II 25 AM tt!tIie ~/U,JPIU um~/ PAID LAND Rf<r.~T~Y OFFICE NO. 10 DATED: 1982 BET WEE N: SOLINA INVESTMENTS LIMITED - and - THE CORPORATION OF THE TOWN OF NEWCASTLE AMENDING AGREEMENT ..,.,." f Newcastle The Corpora . n of the To Plannin epartment Munic. a1 Off. HA ON, Ontario, LOB lJO SIMS, BRADY & MciNERNEY BARRISTERS & SOLICITORS P.O. BOX 358 117 KING STREET WHITBY, ONTARIO L1N 4Z1