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HomeMy WebLinkAbout85-113 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 85- 113 being a by-law to authorize the execution of a "Power of Attornet' in favour of the Newcastle Hydro Electric Commission respecting the sale of certain lands in the Town of Newcastle THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE HEREBY ENACTS AS FOLLOWS: THAT the Mayor and Clerk be authorized to execute on behalf of the Corporation of the Town of Newcastle, and seal with the Corporation seal, a "Power of Attorneil in favour of the Newcastle Hydro Electric Commission thereby authorizing the said Commission to act on behalf of the Corporation of the Town of Newcastle in the sale of certain properties presently occupied by the Commission. The properties referred to herein are described in Schedule "A", a copy of which is attached hereto. By-law read a fi rst and second time this 23rdday of(:September 1985. By-law read a third time and finally passed this 23rd day of September 1985 ~~ ayor L ~~(tuJ< (fhb Clerk POWER OF ATTORNEY(SHORT FORM) DYE & DURHAM CO. LIMITED (.9 UGUST 1981) FORM NO. 170 � t (�enierai jawer dAftarnt is given on c; �_ 19& . by CORPORATION OF THE TOWN OF NEWCASTLE (Donor) VfX I APPOINT NEWCASTLE HYDRO ELECTRIC COMMISSION (Attorney(s)) �fx its (jointly or jointly and severally)to be ffiy attorneys)in accordance with the Powers of Attorney Act and to do on my behalf anything that I can lawfully do by an attorney,and particularly the following acts,the enumeration of which is not in any way to limit the general power herein conferred, namely: (a)To purchase,sell,make,draw,accept,endorse,discount,transfer,renew,negotiate and in every way deal with cheques,bills of exchange,promissory notes, deposit receipts,bonds,debentures,coupons and every kind of negotiable instrument and security; (b)To subscribe for, accept, purchase, sell, pledge, transfer, surrender, and in every way deal with shares, stocks, bonds, debentures and coupons of every kind and description and to vote and act in respect thereof; (c)To receive and collect rents,dividends,bonuses,profits,interest,commission,fees,salaries,debts and claims of every kind and to give receipts and discharges therefor and to distrain for rent and interest; (d)To purchase,sell,rent,exchange,mortgage,charge,lease,surrender,manage,and in every way deal with real estate and any interest therein including any right of possession in a matrimonial home under Part III of the Family Law Reform Act,and execute and deliver deeds, transfers, mortgages,charges, leases, assignments, surrenders, releases, consents, and other instruments required for any such purpose; (e)To take,assume,purchase,discharge,assign,pledge and in every way deal with mortgages of real and personal property and to exercise all powers of sale and other powers therein; (f)To conduct any business operations. notappl kI-aec-QrmWiiee—wi4k41*,- A{�Attorne 74ct,--1-deeh7m-that-thi.s 7�e- .7 not applicable vJ .� -y►nir,v,yy y�att�171.�yh•>tf-U�exI'��seCZ- duKng-at►ry-s bseq�re�t�lega� tc tP 3' `part- t ". ,/ J Delete if Any power of attorney or other delegation of authority to an agent heretofore given by me is hereby not applicable revoked. This power of attorney is I i m i ted to the sa I e of the lands and premises attached hereto and described as Schedules "A", "B", "C" and "D" on behalf the Corporation of the Town of Newcastle. WITNESSED BY: ............................................................................ Mayor (Signature of Witness) ................................ (Name of Witness) Clerk ....................................................................I....... ............................................................................ (Address) (Donor) AFFIDAVIT AS TO LEGAL AGE I of the in the make oath and say: When I executed the within instrument, I was at least eighteen years old. SWORN before me at the this day of , A COMMISSIONER FOR TAKING AFFIDAVITS,ETC. SCHEDULE "A" ALL and Singular that certain parcel or tract of land and premises, situate, lying and being in the Township of Darlington, now in the Town of Bowmanville, in the County of Durham and composed of part of Lot twelve, Concession j one of the said Township and more particularly described as follows : COtL,1NCING at a point in the interior of the said Lot twelve which said point may be located as follows: j BEGINNING at a point in the southern limit of Queen distant sixty-six feet measured north sixty-nine degrees and no min- utes west along the said southern limit from the northwest angle of Lot one according to the registered Plan made by J. H. Reid, Provin- cial Land Surveyor, known as Queen's Block; THENCE south twenty de- grees and forty minutes west along the western limit of Avenue and its Queen's 1 � production southerly being parallel to the western liluit of said Lot one, five hundred and forty-six feet and eighty-one hundredths of a foot; THENCE north sixty-nine west parallel to said southern limit of ueenStr degrees nminutes etonehundred fifty-two feet; THENCE south twenty degrees and forty minutes west parallel to said western limit of Queents Avenue twenty-five feet to the point of commencement; THENCE north sixty-nine degrees and no ,ainutes west parallel to said southern limit of Queen Street one i hundred and twenty-five feet; THENCE south twenty degrees and forty + minutes west ninety-seven of a creek; THENC southeasterlyr along lthe said hnortheasternre edge of the creek one hundred and Sixty-one section with a course drawn south ytwenty edegrees and forty inter ' i I west parallel to said western limit of queen's Avenue from the point I of commencement; THENCE north twenty degrees and �. along the last mentioned course thirty-four feet andronne-tenthsofaat I foot to the line of a chain link fence; THENCE north fifty-seven degrees and thirty-six minutes west along the said line four feet andll forty hundredths of a foot; muRW11 . -��.,�B north twenty-two degrees and twentpp��- four minutes east still along the line of a chain link fence one hun-T'' dred and forty-two feet and twenty hundredths of a foot; -THENCE north twenty degrees and forty minutes east twenty-two feet and ninety hun- dredths of a foot more or less to the point of commencement. EXCEPTING AND RESERVING from the land hereby granted i (a) Metering Equipment consisting of; , I Three 1000/5 ampere current transformers (two c.C..F ,. Company Serial Nos. 105934 and 195937 and one C.W. ;j Go. Serial No. 76704. ) Three 10OW 2000/100 volt, 60 cycle C.W. Co. potential transformers including g potential fuses i One Graphic, recording wAttmcter, Lincoln, Serial No,, G2916897 One Watthour rAoter, C,W.Co. , Serial No, 92203 `I . _ One PaAslp including secondary wiring; . - Ir (b) Telephone with connections, j. . r with 6- (c) Six pole structure w connecting bus work, insulators; nine lineodeadend�andes' ® supporting structure framing for same. i -2- ! AND together with a right-of-way in, over, along and upon a strip of land more particularly described as follows: CON1AMCING at the northwest angle of the above described lands; THENCE north twenty degrees and forty minutes east twenty-five feet; -� THENCE south sixty-nine degrees and no minutes east two hundred and ninety-seven feet and one-tenth of a foot; THENCE north nineteen de- grees and forty-six minutes east one hundred and fifty feet and eight, tenths of a foot more or less to tie southern limit of said �ueenIs -' Avenue; THENCE south sixty-nine, degrees and no minutes east along said southern limit twenty-five feet; THENCE south nineteen degrees , ,, forty-six minutes west one hundred and seventy-five feet and nine- l tenths of a foot; THENCE north sixty-nine degrees and no minutes wea to and along the northern limit of the above described lands, three hundred and twenty-two feet and five-tenths of a foots more or lose to �' the point of commencement. SCHEDULE "B" Fit[ anb singular th tit certain parcel or tract of land and premises I situate, lying and being In the 2'o:htn of Bov aanville, County of Durham, b8ing composed of pfxrt of. Lot:: 99 and 100 of Block 'IN" lying on the north side of een Street as s** OWn oa the ree-istered -ilai Of the said To,,.:=:1 of Boi-,iiiaflvi:ilo, sal.d Pareal or tract being more particularly described as follows :- CXT1,:1::2,rCIIJG at the north ea6t angle of an old brick building situate on said Lot �$, said being bt,itlg in t116 existing* no Al:erly limit of the said Lot rind being► distant vlesterl ,T 173 feat qz inches more or less from the westerly li-ait of Temperance :street in said Town of Borraaavilie ; t'ience south 10 degrees 3G rainut s West ill and along the easterly face of a said buildi.:g and its production southerly 31 feet inches to an iron pipe planted, ; thence north `79 degrees 11 .0 Iute west .parallel to the southerly face of said building and its production 62 feet 2 inches to a sta.r,e planted in the line Of a fence marking, the westerly limit of said lot 99; thence riortli 10 degrees 38 :Minutes east in and alo:in said lirait 31 feet 2 inches to an iron bar pla:-:tud in the exi stirlf: north west angel of said lot 99; thence south 79 degrees 11 minutes east in and along said northerly limit of Lot 99 a distance of 62 feet 2 inches raore or less to the place of beginning; TOG:sT L-,2 ::1711 a ri1rht i of way over the southerly 40 feet of Lot number 7 in said Block "N" and rig=.}:t of Way over the southerly 13 feet of Lot number 8 in said LlocJc "N" both said rif-lets of way forming part of a lane extending, easterly to Tea;:eranee :street ; i'Uf'f T i.�lt v4ith ci ri""It of way to the grant' ea and its assigns for persons or vehicles over that strip of land 14 feet and 4 inches wide and 31 feat 2 inches in depth lying immediately easterly of the premises herein conveyed. I I SCHEDULE "C" Att aub $tngutar th at certain parcel or tract of land and premises situate, lying and being in the town of Bow aaville, in the county of Durham and Province of Ontario , beinf, coTapo:�=ed of the east purt of t:;wri lot number ti in 131oc,, "Id" fronting on the sout;i side of ling Street and described as f011ows : C0'.R,,LJ1CTldG at ttit; north east angle of said Lot 9 ; thence westerly alorit� tie soutl: side of iiirljr atreet a distance of 26 feat 10 inches ; thence southerly parallel with the easterly boundary of said lot a distance of 160 feet 4; inches to the soutlierl,• boundary of said lot ; thence e isterl�- sloth, tlra southerly boundary of said lot a distance of 26 feet 10 inches; thence ,,!aoxthsr.lyi a distance of 161 fl;et 4 inches Iimore or less to th place of beginnirlp!; Together with a ritht of way twelve feet in width across the rear of lots 9 and 10 to Te,aperance itreet but subject also to a ri,-.lit of MY fifteen feet in, width across the rear of the premises her in conveyed to the premises to the west of the said pre-Asea. and being lot 7 in said Block N. SCHEDULE "D" all anD !Btngular th a t certain parcel or tract of land and premises situate, lying and being ji-, the Town of Bowmt-,nville, in the County of DurI,.am fund beint.., of lots numbers one hundrea Lild one 'no exc(-.,,t the 3outhuriy o.,,l-- hund ' d t-,r)d one hundred, ond two I szl�ve 171 r 14 ll -c J ana fifteen feet thereof, in Block "I' accc:i J r, to a _p1wi of tjLe VIII.e�Le of '-oy�,,:&-jivjjje on file ir, the .�Ie,istry Office for the Ae' ( istry DiAvision of the 10dirij-, of the "'IouriLy of Durham ' v.uc,e bzJ ohn ul- -nt and registered on the: 20th day of iurilp 852. to the ct1sej,4-:rit of the -eublic Utili-L.Jlc�; of tLu pove,,11 of ]LIow,-:jLa)vi'k1e c;reuted by bn t;�Exewert de-ted the 8th II dtiv of -`IePtC-,-,,It;r and Ve---� StUfed C-rl I'lle 31S'U- LUY 01' 1-.*-Eirch 1937 as number 1080'1 ra&de between the Coorporation of the Town of Bowmanville by the Public Utilities Coc.uuissicn tind the