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HomeMy WebLinkAbout85-54 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 85-54 being a by-law to authorize the execution of an amending agreement between United Counties Holdings Limited, Veltri and Son Limited, Lesron Enterprises Limited and Susan Ann Swartz, and the Corporation of the Town of Newcastle 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 Seal, an amending agreement between United Counties Holdings Limited, Veltri and Son Limited, and Lesron Enterprises Limited, and Susan Ann Swartz, and the said Corporation, dated this 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 and second time this 22nd day of April 1985. By-law read a third time and finally passed this 22nd day of April 1985. A~ ayor ,~~ Clerk l Rle NO,~,"liL""~"-J r:J.. r.;) ~," AMENDING AGREEMENT MADE (in quintuplicate) this 1985 day of BET WEE N: THE CORPORATION OF THE TOWN OF NEWCASTLE, hereinafter called the "MUNICIPALITY" OF THE FIRST PART - and - UNITED COUNTIES HOLDINGS LIMITED, VELTRI AND SON LIMITED, AND LESRON ENTERPRISES LIMITED, all private companies incorporated under the laws of the Province of Ontario, and SUSAN ANN SWARTZ, of the City of Oshawa, in the Regional Municipality of Durham, Married Woman, hereinafter called the "OWNERS" OF THE SECOND PART WITNESSETH THAT: WHEREAS the lands affected by this Agreement which are described in Schedule II A" hereto, are hereinafter called the "Lands"; AND WHEREAS the Owner warrants that it is the registered Owner of the said lands; AND WHEREAS the Town has passed By-law 82-141, and the Owners and the Town have duly executed a Subdivision Agreement pursuant to said by-law on June 16, 1983, which agreement is registered in the Registry Office, for the Land Registry Division of Newcastle (No. 10) as Instrument Number 1380; 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. Schedule liE - Grants of Easements to be Dedicated" within the Subdivision Agreement between the Town of Newcastle and UNITED COUNTIES HOLDINGS LIMITED, VELTRI AND SON LIMITED, LESRON ENTERPRISES LIMITED and SUSAN ANN SWARTZ, registered in the Registry Office for the Land Registry Division of Newcastle (No. 10) as Instrument Number 1380 is hereby amended by deleting the following: ULAND PURPOSE For one, 100,000 litre water reservoir tank, for fire fighting purposes (to describe easement on Lot 44)" 2. Schedule "G - Works Required" within the Subdivision Agreement between the Town of Newcastle and UNITED COUNTIES HOLDINGS LIMITED, VELTRI AND SON LIMITED, LESRON ENTERPRISES LIMITED and SUSAN ANN SWARTZ, registered in the Registry Office for the Land Registry Division of Newcastle (No. 10) as Instrument Number 1380 is hereby amended by deleting Subsection 3 entitled "FIRE RESERVOIR" in its enti rety. Parts Plan /" (jl \ ,) / I ./ - 2 - 3. Schedule "J - Cost Estimates" within the Subdivision Agreement between the Town of Newcastle and UNITED COUNTIES HOLDINGS LIMITED, VELTRI AND SON LIMITED, LESRON ENTERPRISES LIMITED and SUSAN ANN SWARTZ, registered in the Registry Office for the land Registry Division of Newcastle (No. 10) as Instrument Number 1380 is hereby amended as follows: i) by deleting within the Subsection entitled "PHASE lU", the following wording; "2. Concrete Water Reservoir...... ....$30,000." 4. Section 40, within the Subdivision Agreement between the Town of Newcastle and UNITED COUNTIES HOLDINGS LIMITED, VELTRI AND SON LIMITED, LESRON ENTERPRISES LIMITED and SUSAN ANN SWARTZ, registered in the Registry Office for the Land Registry Division of Newcastle (No. 10) as Instrument Number 1380 is hereby amended by deleting Subsection 40(7) in its entirety and substituting the following: "(7) The payment of a "Fire Protection Charge" (being Two Hundred and Thirty Dollars ($230.00) per lot) in respect of the total number of lots or blocks within the particular phase for which a building permit is applied for; and II 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) THE CORPORATION OF THE TOWN OF NEWCASTLE In the presence of: ) ) ) MAYOR ) ) ) CLERK ) ) UNITED COUNTIES HOLDINGS LIMITED ) ) ) PRESIDENT ) ) VELTRI AND SON LIMITED ) ) ) PRESIDENT ) ) LESRON ENTERPRISES lIMITED ) ) ) PRESIDENT ) ) ) SUSAN ANN SWARTZ ) . . .(j , (J) ,> THIS SCHEDULE IS SCHEDULE "A" to an Amendi ng Agreement which has been authori zed and approved by By-law No. of the Corporation 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 in premises situate lying and being in the Town of Newcastle, in the Regional MuniCipality of Durham, formerly in the Township of Darlington, in the County of Durham and being composed of: the whole of Parcel 18-1 Section, Concession 10-1, Darlington SAVE AND EXCEPT that part of the above parcel as laid out on Plan 10M-753 and being the remainder of the said parcel. 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 ) THE CORPORATION OF THE TOWN OF NEWCASTLE In the presence of: ) ) ) MAYOR ) ) ) CLERK ) ) UNITED COUNTIES HOLDINGS LIMITED ) ) ) PRESIDENT ) ) VELTRI AND SON LIMITED ) ) ) PRESIDENT ) ) LESRON ENTERPRISES LIMITED ) ) ) PRESIDENT ) ) ) SUSAN ANN SWARTZ ) ~. _ i , . DATED: 1985 BET WEE N: THE CORPORATION OF THE TOWN OF NEWCASTLE - and - BURKETON HILLS SUBDIVISION AGREEMENT The Corporation of the Town of Newcastle Planning Department Municipal Offices HAMPTON, Ontario, LOB lJO File: 18T-75362