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HomeMy WebLinkAbout85-142 .. THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 85- 142 being a By-law to authorize the entering into of an Agreement with the Corporation of the Town of Newcastle and Newcastle Shoreline Properties 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 behal f of the Corpora ti on of the Town of Newcastle, and seal with the Corporation's seal, an Agreement between Newcastle Shoreline Properties Limited and the said Corporation dated the day of , 1985, in the form attached hereto as Schedule "X". 2. THAT Schedule "X" attached hereto forms part of this by-law. BY-LAW read a first time this 16th day of December day of December 1985 1985 BY-LAW read a second time thi s 16th BY-LAW read a third time and finally passed this 16th December 1985 day of MAYOR .~ CLERK I . . 'J . . F lie ~'o ..............-.........==................. ~-.-""..~.""'" AMENDING AGREEMENT MADE (in quintuplicate) this 1985 day of BET WEE N: - and - THE CORPORATION OF THE TOWN OF NEWCASTLE, hereinafter called the "MUNICIPALITY" OF THE FIRST PART NEWCASTLE SHORELINE PROPERTIES LIMITED, hereinafter called the "0WNER II OF THE SECOND PART WITNESSETH THAT: WHEREAS the lands affected by this Agreement which are described in Schedule "A" hereto, are hereinafter call ed the II Lands" ; AND WHEREAS the Owner warrants that it is the registered Owner of the said lands; AND WHEREAS the Town has passed By-law 84-44, and the Owners and the Town have duly executed a Subdivision Agreement pursuant to said by-law on March 26, 1984, which agreement is registered in the Land Registry Office, for the Land Titles Division of Newcastle (No. 10) as Instrument Number 1685; AND WHEREAS the Council of the Town of Newcastle has resolved to approve an amendment to the aforesaid 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 follows: 1. Paragraph 56, of the Subdivision Agreement between the Town of Newcastle and Newcastle Shoreline Properties Limited registered in the Land Registry Office for the Land Titles Division of Newcastle (No. 10) as Instrument Number 1685 is hereby amended by deleting Subsection (c)(i)a) and substituting the following: "(c)(i)a) that the exterior construction on all dwellings be at least, forty percent (40%) masonry, e.g.: brick, stone or other earthen products but, excluding stucco and concrete block, or at least, forty percent (40%) finished wood, including custom-built log homes, but excluding plywood, particle board or other similar wood sheeting materials." IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals and/or corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED In the Presence of: ) CORPORATION OF THE TOWN OF NEWCASTLE ) ) ) MAYOR ) ) ) CLERK ) ) NEWCASTLE SHORELINE PROPERTIES ) LIMITED ) ) ) Per PRESIDENT ) ) ) Per SECRETARY . " THIS IS SCHEDULE "A" to the Amending Agreement which has been authorized by By-law No. of the Town of Newcastle, enacted and passed the day of ,198 . LEGAL DESCRIPTION OF SAID LANDS ALL AND SINGULAR that certain parcel or tract of land situate, lying and being in the Town of Newcastle, in the Regional Municipality of Durham, formerly in the Township of Clarke, in the County of Durham and being composed of that Part of Lot 25, Broken Front Concession, more particularly described as Lots 4, 5, 6 and 7 as shown on a Plan of Subdivision registered in the Land registry Office, Land Titles Division of Newcastle (No. 10) as M-758. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals and/or corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ) CORPORATION OF THE TOWN OF NEWCASTLE In the Presence of: ) ) ) MAYOR ) ) ) CLERK ) ) NEWCASTLE SHORELINE PROPERTIES ) LIMI TED ) ) ) Per PRESIDENT ) ) ) Per SECRETARY