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
/~~
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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