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HomeMy WebLinkAbout92-163 .... .. THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 92-163 Being a By-law to authorize the execution of an agreement between The Corporation of The Town of Newcastle and Savannah Land Corporation for the purchase of certain lands required for the widening and upgrading of King Street (Highway No.2) in the Town of Newcastle. WHEREAS the Municipal Act, R.S.O. 1990, Chapter M.45, Section 191 (1), states that: liThe Council of every corporation may pass by-laws for acquiring or expropriating any land required for the purposes of the Corporation ..."; WHEREAS The Corporation of the Town of Newcastle requires certain land for the widening and upgrading of King Street; THAT the Mayor and Clerk be authorized to execute on behalf of The Corporation of the Town of Newcastle, an Offer to Sell from Savannah Land Corporation attached hereto as Schedule "A" and forming part of this By-law. BY-LAW read a first and second time this 22nd day of June, 1992. BY-LAN read a third time and finally passed this 22~d day of June, 1992. '&A;/f-/~/?U >> MAYOR ~~~ ~U'fY CLERK t .QFFER TO SELl;, Savannah Land Corporation, as Vendor hereby agrees to and with The Corporation of the Town of Newcastle, as Purchaser, to sell: (a) in fee simple, aDtbat portion of Part of Lot 8, Concession 1 and Part of Town Lot 6, Block Z. according to CG. Hanning's Plan of Pal1 of Lot 9, Concession 1, (former Town of Bowmanville) Town of Newcastle designated as Parts 1, 2, 3 and 4 on Plan lOR-391S (the "Widening Landsn); (b) an easement in perpetuity across, over, throup and under all that portion of Part of Lot 8, Concession 1 and Part of Town Lot 6, Block 2, accordiDg to e.G. Hanning's Plan of Part of Lot 9, Concession 1, (fonner Town of Bowmanvillt) Town of Newcastle designated as Parts 1 and 2 on a draft plan of survey contained in Schedule "A" hereto (the "Stonn Drainage Easement Lands"); (c) a temporary easement acrOss, over, through and under all that portion of Part of Lot 8, Concession 1 and Part of Town Lot 6, Block 2, according to C.G. Hanning's Plan of Part of Lot 9, Concession 1, (former Town of Bowmanville) Town of Newcastle, shown on the draft plan of survey contained in Schedule" AW hereto (the "Storm Drainage Temporary Construction Easement Lands"); (d) a temporary easement across, over, through and under all that portion of Part of Lot 8, Concession 1 and Part of Town Lot 6, Block 2, according to C.G. Hanning's Plan of Part of Lot 9, Concession 1, (former Town of BowmaI\ville) Town of Newcastle shown on the drawing CODtained in Schedule liB" hereto (the ~oise Fence Easement Lands"); and (e) an easement in perpetuity across, over, through and under all that portion of Part of Lot 8, Concession 1 and Part of Town Lot 6, Block 2, according to C.G. Hanning's Plan of Part of Lot 9, Concession 1, (former Town of Bowmanville). Town of Newcastle shown on the drawing contained in Schedule "C' hereto (the "Chain Link Fence Easement Lands") at the price of NINETY THOUSAND ------- ($90,000.00)------ DOUARS payable on closing, which sum. includes all, compensation to which the Vendor may be entitled in reference to the acquisition, construction, dh'ersion, widening and use of the Municipal Road OD the Widening Lands and the storm sewers and stonnwater management works on the Storm Sewer Easement Lands and the reconstruction of King Street including compensation for severance, injurious affection or otherwise arising howsoever, subject to the following teons and conditions: 1. The TransferlDeed of the Widening Lands, save for the Land Transfer Tax Affidavit, shall be prepared in Form 1 pursuant to the Land Registration Reform. M at the expense of the Purchaser. 2. The TransferlDeed of the Storm Drainage Easement Lands, save for the Land Transfer Tax Affidavit, shall be prepared in Form 1 pursuant to the L!!ll! Re~tration Reform Act at the expense of the Purchaser and annex the covenants set out in Schedule "D" hereto; 3. The Stonn Drainage Temporary Construction Easement in the Storm Drainage Temporary Construction Easement Lands shall contain the covenants set out in Schedule "E" hereto; . f ft i 4. s. 6. 7. -2- The Noise Fence Easeme~t in the Noise Fence Easement Lands shall contain the covenants set out in Schedule "F' hereto; The Chain Link Fence Easement in the Chain Link Fence Easements Lands shall contain the covenants set out in Schedule .0" hereto; The Purchaser shall be credited towards the Purchase Price with the amount, if any, which shall be necessary for the Purchaser to pay to the Receiver General of Canada in order to satisfy the Purchaser's liability in respect of tax payable by the Vendor under the non-residency pr~ions C!ftbe Income Tax A~l The Purchaser shall Dot claim such credit if the Vendor delivers, on closing, the prescnoed Certificate or a Statutory Declaration that the Vendor is not then a non-resident of Canada. Time shall, in all respecu, be of the essence hereof, provided that the time for doing or completing any matter provided for herein may be extended or abridged by an agreement in writing signed by the Purchaser and the Vendor or by their respective solicitors who are expressly appointed in this regard. Any tender of documents or money may be made upon the Purchaser or the Vendor or upon their respective solicitors and money may be paid or tendered by cheque certified by a Chartered Bank or Trust Company. 8. This Agreement and the closing of the tranSaCtion shall be governed by the laws of the Province of Ontario. 9. Provided the f:itle is good and free from aD encumbrances and restrictions except for the easements referred to in Schedule "If' hereto. The Purchaser is to be allowed until closing to investigate the title at its own expense and if within that time it sball furnish the Vendor in writing with any valid objection to the title which the Vendor shall be unable or unwilling to remove, and which the Purchaser will not waive, this agreement shall be nun and void. Adjustments to be apportioned and allowed to the date of completion of the sale. 10. Following acceptance of this offer by the purchaser and prior to closing, the Purchaser by its servants and agents shall have the right to enter upon the Widening Lands, the Storm Drainage Easement Lands, the Stonn Drainage Temporary Construction Easement Lands, the Noise Fence Easement Lands and the Chain Link Fence Easement Lands for the purpose of surveying. 11. After closing and as part of the Purchaser's proposed Mearns Avenue widening and King Street reconstruction work, the Purc:Jwer shall be entitled to enter upon the Chain Link Fence Easement Lands for the purposes of consttucting a temporary construction fence at the location shown on the drawing contained in Schedule -C hereto and the chain link fence referred to in this paragraph 11. The Purchaser at f f' t , f i I t t - 3 - its cost shall construct a chain link fence OD the boundary of the Chain link Fence Easement Lands and the Widening Lands and the extension of the chain link fence all substantially as shown on and in accordance with the drawings and specifications contained in Scbedule 'e' hereto, provided that in the event of a conflict between any of the aforesaid specifications and the provisions of the Purchaser's By-law No. 89-46 respecting fences, the provisionS of By-law No. 8946 are intended to and shall prevail. 12. (a) In order to facilitate the Purchaser's proposed Mearns Avenue widening and King Street reconstruction work, forthwith after closing, the Vendor sball remove the fence presently erected (the "Existing Fence") on the southerly portion of the Vendor's land wbich land is more particularly described in Schedule "H" hereto (the "Vendor's Land"). (The location of the Existing Fence is shown on the sketch contained in Scbedule liB" hereto). Prior to removmg the Existing Fence the Vendor shaD proceed in good faith to commence with expedition to complete construction of a new fence (the "Noise Fence") substantially as shown on and in accordance with the drawing, sketch and specifications contained in Schedule 'Bit hereto so that the construction of the Noise Fence will be completed no later than September 1, 1992. The Vendor acknowledges that the constnlction of the Noise Fence in accordance with this paragraph 12(a) fully satisfies the Minister of Environment's condition of approval of the class environmental assessment of the Purchaser's proposed King Street and Mearns Avenue reconstruction and widening undertakings under the provisions of the BnvirODDlental AssesSment Act. Fonowing the completion of the construction of the Noise Fence as aforesaid, the Vendor shan submit a written invoice to the Purchaser's Director of Public Works for the costs of removal of the Existing Fence and the construction of the Noise FenCCt and in response thereto the Purchaser shall pay to the Vendor an amount equal to the aforesaid invoiced costs up to a maximum of Thirty-two Thousand ($32,000.00) Dollars within fifteen (lS) days following delli'eJY of the invoice to the Director. (b) If the Vendor bas not COJIIJl1enced bona fide (XIIIS1ruction of the Noise Fence on or before August 1, 1992, the Purchaser shall be entitled to enter upon the Noise Pence Easement Lands for the purpose of removing the Existing Fence and constructing the Noise Fence substantially as shown on and iJl accordance with the drawing,. sketch and specifications contained in Schedule liB- hereto, provided that on the entry of the Purchaser, its seJVants or representatives on the Noise Fence EaseII1ent La'nds for the purpose of rellloving the E1ristin& Fence and constructing the Noise Fence, the rights and duties of the Vendor and l'urcha>er under paragraph l2(a) shall tenninate. The Vendor acknowledges that the (XIIIS1ruction of the Noise Fence In accordance with this par*&raph l2(b) fuI1y sa1isfles the Minister ol EnvironJIlent's eon(\itlon of'. approval of the clasS env\ronlllental assessment - 4 . of the Purchaser's proposed King Street and Mearns Avenue reconstruction and widening undertakings under the provisions of the Environmental Assessment Act. 13. (a) The Vendor and the Purchaser acknowledge that it would be desirable to separate the Purchaser's park land and stormwater detention alea. more particularly descnoed in Schedule .r hereto (the Purchaser's Parkll) from the Vendor'. Land. In this regard, the Purchaser ac~owledges that it presently is considering the pos81biIity of erecting a security fenCe (the "North Security Fence") six (6') feet high and ~erm to channel ice flows on the M~ Branch of the Soper Creek. The Vendor acknowledges that the location and design of the aforesaid North Security Fence and berm, if any, will require the approval of the Vendor, and IDay require the approval of the Central Lake Ontario Conservation Authority, the Ministry of Natural Resources and other Federal and Provincial authorities. At present the Purchaser is continuing its exall'ination of the issues raised by different methods of separatiDg the Purchaser's Park from the Vendor's Land. If an appropriate North. Security Fence can be designed and approved as aforesaid, the Purchaser intends to expend up to $25,000.00 on the construction and installation of the North Security Fence .following the granting of the aforesaid approvals. The Purchaser will use its best efforts to design, locate, construct and instal an appropriate and approved security fence as soon as is reasonably practicable after the acceptance of this Offer to SeD provided that the easements referred to in paragraph 13(b) are transferred to the Purchaser, and provided further that the Purchaser at its cost will use its best efforts to snake application for all necessaI)' approvals on or before October 3, 1992 aDd to prosecute the application(s) to a successful conclusion(s) as soon as is reasonably practicable after it (they) are submitted. In the event that all necessaIY approvals of the consuuctiOJl of the North Security Fence are not granted within one (1) year following the acceptance of this Offer to Sell, the Vendor and Purchaser in good faith will consider other means by which a secur~ ~nd separation of the Purchaser's Park from the Vendor's Land can be acbieved including the pOSSl"ility of an exchange of lands, and thereafter will cooperate in the implementation of arrangements that may be made by them. Before constructing the North Security Fence the Purchaser shall give written notice of its intention to the Vendor. Within five (5) days from the givb1g of such notice the Vendor may give the Purchaser's Director of Couununity Services notice in writing that the Vendor wishes to have the North Security Fence constructed to a height of eight (8') feet and that the Vendor agrees to pay to the Purchaser the difference In cost (the · Addilional Cost') of a six (6') feet and an eight (8') feet hiah North Security Fence forthwith after Us is COIIlpleted. If aueh notice is given th~ purchaser agrees to eonstruet the North Security Fence I i > I ~. , t. -5- to a height of eight (S') feet provided that the construction of the fence in excess of a height of six (6') is o~erwise permitted by law. The Vendor shall pay to the Purchaser the Additional Cost witJUn fifteen (15) days following the deliveJ}' of a written notice to the Vendor advising the Vendor of the completion of construction of the North Securi~ Fence and the amount of the Additional Cost (b) Forthwith after th~ giving of a written request therefor to the Vendor, without charge or cost to the 'Purchaser, the Vendor will transfer to the Purchaser those permiu and temporary easements including easements of access that the Purchaser acting reasonably considers to be neccssaty for the purpose of constructing, installing, maintaining and replacing the North Security Fence and gaining access to it or any portion of it from time to time. 14. The Vendor and Purchaser acknowledge that the future development of lands which drain into the Main Branch of the Soper Creek and which are located upstream of the northerly limit of the Vendor's Land may make it desirable to install at appropriate locations erosion control. works including works on or adjacent to the portion of the Creek which runs through the Vendor's Land (the "CreelC') be constructed or installed. The works are identified in the Report entitled "Erosion Invento~ Soper Creek Supplement to the Stormwater Management Report for North East Bowmanville Detention Pond" prepared for the Central Lake Ontario Conservation Authority (the "Authority") by G.M. Semas & Associates Ltd., dated. July, 1991, as it may be revised, amended and approved by the Purchaser and the Authority from time to time. Forthwith after the giving of each written requeat therefor by the Purchaser to the Vendor, without charge or cost to the Purchaser or the Central Lake Ontario Conservation Authority, the Vendor will: (i) permit the Purchaser, the Authority, Federal and Provincial authorities or their servants and representatives or any of them from time to time to enter on the Vendor's Lands for the pulpOSCS of (1) investigating or monitoring the condition of the banks of the Creek that are subject or may be vulnerable to erosion and (2) preparing surveys, plans, drawings and specifications reasonably necessary to investigate or monitor the condition of the banks of the Creek and/or to design, construct, install, repair, maintain or replace erosion control works, from time to time; and (ii) transfer to the Purchaser or. to the Authority as directed by the Purchaser or Authority those permanent and temporary easements including easements of aQCeSS that the Purchaser after consultation with the Vendor and acting reasonably, considers to be necessary for the purpose of constructing, iJJP21Jins, repairing, maintaining and replacing erosion control works and ~jfting access to them or any of them, from time to time, provided that in ; J I r I t 5 16. 17. 18. .. 6 . making its decision the Purchaser shall seek to CIlSUle that the operation of the Vendor's Land as a zoological park and for other uses lawfully existing at the time the decision in question is made will Dot be unreasonably impacted by the transfer of the easement(s) in question. 15. Nothing in this Offer to Sell shall be taken to be an express Or implied agreement of the Parties that erosion either has been caused or has not been caused, either directly or indireetJy, by the design, construction or use of the stormwater management works located on Block 89 shown on Registered Plan of Subdivision lOM-38S or by stormwater flowing from the lands within Registered Plans of Subdivision 10M..785, lOM-791 and 10M-798. On closing, the Vendor shall be deemed to have withdra~ its objection to the Purchaser's intended expropriation of the portion of the Widening Lands and any inquiry under the Expropriations Act as to the intended expropriation required by the Vendor and resulting from a Notice of Application for Approval to Expropriate the Widening Lands made by the Purchaser pursuant to the Expropriations Act. The right of the Purchaser to enter upon the lands of the Vendor and the obligations, acknowledgements and covenants of the Vendor and Purchaser set out herein shall survive closing. The Purchaser shall have the right to register this Agreement against title to the whole or anyone or more portions of the Vendor's Land. The Purchaser understands that from time to time the Vendor may wish to refinance the Vendor's Land. The Purchaser will use its best efforts to cooperate with the Vendor in satisfying the reasonable requirements of lenders to the Vendor. TIllS OFFER TO BE ACCEPTED BY 1HE Purchaser on or before July 7, 1992, otherwise this offer become nuD and void; and the sale to be completed on or before seven (7) days from the date of acceptance hereof on which date vacant possession of the said premises is to be given to the Purchaser. This Offer~ when accepted, shaD constitute a binding contract of purchase and sale. and time in all respects shall be the essence of this agreeme':1t. It is agreed that there is D~ representation, warranty, collateral agreement or condition affecting this agreement or the real property or supported hereby other than as expressed herein in writing. This Offer to Sell 8Ild notices provided for herein may be accepted., given or delivered as the case may be, by a letter or written notice delivered to the Vendor or mailed, postage prepaid addressed to the Vendor at 340 Kiilg Street East, Bowmanville, Ontario LtC IPS. .7. DATED this J. ~ day of June, 1992. SAVANNAH LAND CORPORATION B: Name: TItle: ftUrS I~r t\nUy. ~S€:- ?~ Name:~(L~ - c> rI\...-- Tel ( Title: [)\~V- This offer accepted by the Purchaser this ~ Co -+l1 day of 1une, 1992. THE CORPORATION OF THE TOWN OF NEWCASTLE BY: iiJA4~fi1<V/ Mayor.. Diane Hamre -"'--- - 6 . SCHEDULE "A" (Draft Plan or Survey Showing Storm Drainage Easement Lands) ~ j-( - 2901 ----.. ~ I \ '. t \ \ \ \ \ \ \~ \ ~,)\ \ \ " ''''\ \ ~~1 \ N6~~iO" E \ \ q~ ;' \ " \- _:~-l! 11:/ ,/ /, "'-..; go ) 1/ .~ ./' \ ~~. \ / \ ~ ) ., i ,; 1 'J I .~ ,'1"1 ... )~r., " .............() I .11::-,..... -'1'Yr ~...'"\r ~~ rO ~,i,i ~~ ..:. . . "J&,:;.f"fr,:..V~ . . ~I I ~ ~ . "",. S ,.., . , 11'1 ......~.:._..- . . "" . ., .........; :' . "', t' ~ ',. ~,., .. .., . " .. ~\ . ~ '? . '. '.','" S .,.. r.." t:- ~; ...... f 4.::: ~ ., 'f.! 'A' A , . ~"'4 r I.,,... . '. '~""'..-;:l .1: ...... . . .... '/,~.., '. - · .<: <;~-:t ~:~,( .' l. '. . .=:, ,: ~ ..: 1 Jureltl-" ,crr:.l rJI~d ____~L-- (/) -? ~- O~ C! Q LJ J c1: ,,- Q .:= iX ...... I;:,n, liUbUl\l1 l"HI\ 1l'j/jt.jlU] I W- .., ,- Q Ci, el) l.JJ C'I 2 C, r_') CJi (,j (J.) :/) t- O _.J -, ""- uJ ll.J C:~ ?; < .,. 1- 01,. I.JJ () a; r.... L.: - uJ ( "I ? 4- ~1: ,,#' ... o -J _J ~ --- ---- ~--- l"HI\ NU, q]Oj{j41Ul t If) o N ~ 0. (1l N ~. .-. ..--'- _ 1, UC: PART 3 _ PL"" I . #-\.-- IN~T. ~ ~ I~G N67'3I'OO.E _21.&8 z~ IV 11 .. 1ff '"' '---- I , ---- , PI..~^1 ~ / \r ,~ " I~ ~""I ... , J " ?, If . J Be ,. .... ='9 00. ~ 7~ ----- Nfi7'3100 E W.U /'" IN' r ;~ LJ . G '7~ I'"' . ,I..IR..., ! 14136B~ 1 1 i"; ~/ ~ t I " .8, : ~/~~ . "- Gl 01 ......... ~ ~ / 1 ~ j ~ , ""4 I i I -.. . . ; . 1(1 tv tJ .. ,~ :.. ' .. '., .,' .ft/~. . \ ., " ~. " ,,' " .. ': . ., ....... . ..... ...'.... ........ .....n" ..........~'"'jl.... I l,j. "VIV'J.V! 1110 .',,-,,1 'J......VIV'1J.V... l J V, \ .; \ ~.. . \ \. \ )\ I \ ,j \ f) / ~ . ;: :'.~}~\'.:~~:":.::t~ ',.." t.' '." '~..' PLAN .Of SURVEY OF . . I PART OF LOT 8. CONCESSION (FORMERLY TOWN OF BOWMANVJLLE) . NOW IN THE TOWN OF NEWCAs-rLE REGIONAL MUNICIPALITY OF DU~HAM ~.. ... ~:. I l.~' c.: . .' t.. '.:':'f. Je.t.L.! rl.. . IrJ fa 20 I!!I M., r.. ~ Martholt ~cklln Monaghan Ontorfo llmlt.d ONTAA 1 0 LN-40 Sl..AVEYORS NOTE BEAR r NGS ARE ASTR~ I e AND ARC: REFERRED TO THE SOUTH (.1 M I T OF PARi 3 AS SHOWN ON PLAN lOR -290 I MY 1 NG A BEAR I NG OF Nee.09 I 00.'1 METR I C 01 ST ANcESSHOlffl C>>I TH' S PL,I.N ARE IN lIEiRES AND CAN aE CONVERTEO TO FEET B~ OlYIO;NG BY 0.3046. LEGEND · OENOTES SURVEY ~~NT F04.HJ Q DENOTES SllfVEY ~NT PLANTED S 18 DfHOTEs STANOARO I RON BAR ss r 8 OQIOTE$ ~i ST ANOARD I RON BAR /8 OENOTES I ROO aM I I 06 OENoTU W.O. BROWN O.l. S. foM,I DENOTES MARSHALL. IAACKL I N ~AGHAN ONT Ai<. . 0 L TO. o. L . S. OHO DENOTES HIGHWAY PLAN N4034& SURVEYOR'S CERTIFICATE -:!* S a S J' I CERr IF'; THAT I. lli I S ~VEY AND Pl~ ARE CCAAECT MO I N ACCORDANC~ WI TI-i M si.RvtYS ACT /IN) 1tiE REG I STRY ACT ANO 1rE R!.GU:AT I ON$ MADe 1'l-€RElAwOCR. 1l-~ctJ JI.jr'\e. Ic)r( 2. 7l'E StRVty WAS COtlPLETtO ON TI--E DAY CF '"0. JUM 10 1992 ....- DATE .,,"'" ('I'. WLi c~.c~ .. ... J. 1:250 drawir19 I~~. 21-90-7~3-1 M MARSHALL MACKLIN MONAG~~ ONTARIO liMITED 7'01 JaLwl fl(W) EAr.. 1ti1T!Y, 1MMllO. ll~ &Yt (~!G'668'~ On j c ria Land Surveyors .... '11. . btb..-. Ibltt.. sims ~ -= --:: L --.. a~._ _,..... J r' CDl ~ I ' I ~ ~"- I:JII". '.1fCf: 'fOKUIIOVID_ . ~ 'OOW".NVILlE ZCC' \ ~ \ ,"\ Q~ U ~ '''-:11 \ :.0. '\ I Ii t \ , :.r;-{d'Wmr~ -L:...-j I- ...[1.0 I '. II .. ',/z.t; \ '\ _. .-._~ IlS .. ~ \ P ; 0 ~ 'e. · - -... (WI I \ Ii, (= = = = =- = = = ==:J ..... - - - 4 ./ " - . , '" I \ J--: I - - - - -=- - =- --=- ~ --;= =- lox; ~~'::)":'" _ KING_ STRf:ET ...!HWV:.!'" 2 ~ _ -=- -= _-_- _-:... -_- _1 i i ;r sr.""", !-n t I J J LEGEttD II'AOPOSED BOARD rENCE. Z." HIGH. REFER DWG. "0 3 ~ PROPOSEO GATE . CORI"ORATTCH OF THE TOWN OF "!lICASTLE LOCATION PLAN I .NOISE F~~STF~OCTrON I . AT I TEMPORARY ~ EASEMENT . << BOWNANvlu..E 200: lei... lT~u "W"'",",U [ -j r sc..u: I: 104 :~. .... J ---.- L'MJTS Df' TEMf'OIUICr- 0NSrR.iI~Tlq,., i.AStMfhr iANi)S FDIe NO/~ .r:ENC~, - z o ~. "'1 ft) =' t') ft) 1Ill~ ::2 IIll Q.~ za o ft) _.::1 ~- "'1i: ft) ::I ='Q. t') \I) ~... -~ ts. \I) - S. GQ "'1 ft) ::I t') .. C/) n g; t::l c: (""'" ~ . = . ~ - J: U ~ ~ ~ ~ ~\ : f1 : \\ ~ C ~\ i r I....M ;1: ..... " ~.... '3.1M :\140.011I r \ -~ I I ITO"~ kO.. u. ~"""""'''J' ,;..................... r: 3.0 WIDE GATE \ \ : 't..:'- . ~ t ......u \ arl'o" Of' IIUtlM"1I 5.4 WIDE: GATE 2G~~'DE 'I \ ."Tr'II'_ LUn,tIfT,) J t N. STREET LINE , \ I , 1\ ) (---------- , ./ ........ - - _. - / - - - - - - - - _.- ~ ....... - - _ _ _ _ =---=r- l== IE"-;'T.'VELLED~D_ K~G_STREET~HWY~t2 ,--~__~~_-_-~_i--i -.-.... -... /' ~ EXIST. fENCE TO BE REMOVED- .' BOWMANVILLE ZOO' \ \' ,.-' l S. STREET LINE LEGEND: PREUMINARV .............. PROPOSED BOARO FENCE. 2.4 HIGH, REFER DWG. No.3 -{::;::-c::::l. PROPOSEO GATE. BOAR 0 FENCE CONSTRUCTION AT BOWMANVllLE ZOO ten sims hubicki associates KING STREET 1I0WMANYILLE 00'. ; JUNE,I992 oN..IIl. AIIlCHtTIICT. ANt? .-"LANNtlIIl. SCALE: I: 1000 CD 00 -..--. "-. . . / 200mm X 200mm llJ.6m POST 100mm X l00mm RAIL 1160mm X l50mm X 2.J5m 80ARD 2.<0 C.c. '1 NOTE: I. ALL LUMBER TO BE WOLMANIZEO. 2. ALL DIMENSIONS IN METRES UNLESS OTHERWISE NOTED. :> t" .,; ~\\t\.\'~\\~~\\'t O.c. FRONT VIEW BOWMANVILLE ZOO BOARD FENCE ~G STREET IOWNANV ILLE PLAN VIEW ~ ~":..4.:. ~ . ,%. . "'~'~I F/ :.:4.' :::~::I I ~: I I I I . I I.~ ,:.L J.--;: . .. .: . ':':.,~'. :~::;.:: 0 V') ci r u 0 u .... ~ N .- ~ o N ~ III .- END VIEW l00mm X l00mm RAIL SOmm X 150mm X 2.J5m BOARD 200mm X 200mm x3.6m POST l00mm X l00mm RAIL O.c. \0 CONCRETE (10 MPA) lO.50j ",UHE , "92 o - 10 - SPECIFICATIONS OF NOISE FENCE Distance of the fence required is approximately 710 feet. Construction shall be as follows: 1. Using 8" x 8" Wolmanized lumber for posts, spaced every 10 feel Four feet in the ground with concrete foundations and 8' high. 2. 2' x 6' or 2' x 8' W olmanized lumber for the facing which would be vertical. 3. 2 gates 10' wide 1 entrance gate 6' wide 1 main gate 3' wide -- I i I ci o ~ oc ~ a e:: -4 :r: u I~ I I i t . I , ~~- / - ---',- ---- - - ---~ ........- - _ _ --"?_ _ _ .L~lS1...;..l.!t~~~ 0_ _. ___ .~o~ .1. .b. ... a: ~ ... CL l; .~ . I BOWIU'IVILLE zoo' ton. sina Idicki mocicltes - "I. ._..... ~.. . LEGEHO: ~ M()fI()SEO C,.".1foI liNK fENCE. Z-4 HIGH. REFER OPSD 900.0. (MOD.) PRQPO'5[O G"n: . REFER ~ eooD5 (MOO.) @ ---- t.//tfIT OFs.Owt WIDE TUUtIIUItV UJNSTilfX.rnN E6fIff.~rtAlH1S ~1( <JIA".; I.OIt!( HIOGE. . uIiI,r DF #I.D lIIr'W: rUM-DffM" rf1NST~tJ(,rlOlt fAS~MENr ~ ,Ml SrDft.. J)R.AINAGE . Y. nlt[[" U..f . Ii ~ ... -= =- --~AR-.H'S:_ AVENU~.-~--;=--=- _ -::~ "I .,.. "', , , I . I i. I I t I I f I I. I T"un......1: I II to. -I '.1 ~,.--:iit ----nIl ~- ... ... ... I.. .0' ~ ~ .- I~ ~ ... - .. , l\I.. .. I ~I I >-: \ If' . .... I ,.,.-- - / I... , lu , / ff I , #0.. . . (;) I I ~ I I ~ I , JC I t- J, I -- .J / , I , - r--r r-I"_ I-rl L _.... c__ t_.. .----.............-. ---. '-> CORPORATtON Of THE TOWN OF POEWCASTLE LOCATION PLAN PROPOSED CHAIN UNK fENCE. CONSTRUCTiON AT TEMPORARY CONSTRlJCTk)H EASEMENT (BO'MAANVlLlL ZOO) "!..~_~_A""E "",,"IIY' o.te: J!uHf:. 19~_Z---l SCAt.f; I: rooo n ::r ~..,-... ::ICI'l - r-o S"a lI':' "'Ijt::l ft) .., ::I ~. n = f'D CXl tI1~ CXl CXlIn~ =Sf'D c..f'D3 -="'=' \ J _ 0 ::r ;J ~.~~ ::I ::s r-c..n -,y. 0 =~::s lI':'ft)~ ~aa ::s "'=' n n 0 e. ft) .., 0 _CXl= ~tI1 nCXl o In ::s f'D In a -f'D aa n ~~ &:I ::I ~~ f'D" = n to (/) n :J: tI1 C' ~ ~ - - - 12 - 9.0 m openinG Freme member 00 DOUBLE SWING GATE OPENING I I I I I t--- Not. 2 I I I I LJ 3.0 Qnd 4.5 m oPininG I I I I II I I LJ SINGLE I I I I ; 1 I I L.J SWING GATE OPENING Sill'" ...i.."D 3.9- Oetllllc 3-11'10 t.G- €ir,oll ._iPlD 4:-5- Doubll ,wino 9.0 ~ ~ -2-+ NOTES: I Gote leoves oreoter than '3.6 m in width ore supplied with dio~onol braces. 2 For footino details refer to OPSO-900.0I. A All dimensions ore in millim.trn or metres unless otherwise shown. GATE AND SATE POST DETAILS Got. "tPI Fromt m.mber Post Dia Polt '.n"th ond .. Max op.nino (m) Min DDlmm) Min OOlmm} .tandord(m) 48.3 114.3 ill ONTARIO PROVINCIAL STANDARD DRAWING Dote 1988 05 It Rev Dote .1.J!:!.~/'2 CHAIN LINK FENCE GATES ------------- OPSD - 900. o3lMOC Non Ihrinll cemenl 9roul 1--.00.25mm C: ON RETAINING WALL D: IN SOLID ROCK ( OJERBUROEN LESS THAN 450mm ) FOOTI NG DETAILS A. B. C and D I ~ 3.0 3.0 " Terminal pOll Barbed lop .dO' I fo.tene,. 500 mm OC I Strefcher_ Fence fabric bar bonds 400 mm 000 Knuckled bottom edQI See footlnO -..J I 'I 40 fa 75 mm II detail. I I II Clearance II II 500 mm OC II ~ Lot CHAIN LINK FENCE WITH TOP RAIL I . . 10mm flat .urfoce fordrlllinQ ~ a@T LINE POST CAP,62mm 10 DETAIL r- I Line po.t cap ... detail b~- -, - " - Stretcher -f bar bonds 400 mm OC 8 II) 3 0 "I 5.0 mm dlo top wire fosf.ner. 500 mm OC I S.. fool/n9 details, I ,I II LJ CHAIN LINK 6O.3mm pos' 88.9mmpol' 114, 3 nvn pos' Pott POlt Concrel. Ground IInl E Ec ~.e ~II) I I&..-." drilled u.. I I non "Hlnk 5 '.I_~~ Clmen'9roul 00 +25mm:cL~j I '- If I'CovOled M blost.d- concrlll S.. d.tail A X 8: IN SHALE,lOOSE or FRIABLE ROCK or SOLID ROCK WITH MORE THAN 450 mm OVERBURDEN ,Overbu,dln Rodltlne Roell IIn. ...... w Post GtoUlMi 11n. 00 SI,.vII Po.t type 00 (mm) (mm) L1nl POI' 60.3 2.0 88.9 E nd, corn.r I or 88.9 13.51 2.3 "4.3 .lrolnln9 poe' NOTE: A All dimensions ore In milllmetres or metres unless otherwise shown. FENCE WITH TOP WI RE ONTARIO PROVINCIAL STANDARD DRAWING CHAIN LINK FENCE FOR ROADWAY INSTAllATIONS Date 3 1988 05 I. Date Jf)'!..EJ.../992 ------------ OPSD - 900.01 [MOD. I a:: o ~ a:: ~ o a:: <t J: U I ~ I I I ! l I --- / / ~ ---II-------___~ __-- -._ _ _ -J'/ _ _ _ L EXIST. TRAVELLED RD. /0... / I -----_______ I 4J I 130.0 '" 82.0", / 1# / / t; / / ~ / I~/ ~/ "' / I I J I "" I C\J. 01 / ~ I I ;:,... \ It \ w z oJ .... W W It: .... on ~". L:~ $=- " z \ .......- LEGEND: .....-.... PROPOSED CHAIN LINK FENCE. 2.4 HIGH. REFER OPSD 900.01 (MOO.) -c:-<:)- PROPOSED GATE. REFER OPSD 900.03 (MOO.) W. STREET LINE - -- -MEARN'S-AVENUE -- - - - - --- - - - - , " r - -, r-, ,----, ~- I I I I I I I I I I I I I I E. STRElET I LINE I I I I ....m'\rmnftlw.r-ll..IdIIl....._~......... _9.0 WIDE DOUBLE SWING GATE (4.5 GATES) '.0. .IIKNIN. 'Oil llGAD AL.L.cl Jtten sims hubicki associates -.... ~CT. ANa ~R. ./,.' 'BOWMANVILLE zoo' .... ul a.N. E C! .... , I I , I I 1/ I I I , I I Q", ".... ......., a" I.l'I I 8M 4'1 ~. rnI a" --I 108.0", PREUMit~ARV o ~ .. ~ .i .. .... ~ .0 . \ CHAIN LINK FENCE. CONSTRUCTION AT BOWMANVILLE ZOO MEARNS AVENUE SCALE: I: 1000 BOWMANVILLE Oote: JUNE,1992 - 15 - SCHEDULE -D- (Storm Drainage Easement) The Transferor hereby transfers to the Transferee, its successors and assigns, the free, uninterrupted and unobstructed right and easement to construct, operate and maintain such storm water channel and storm sewers together with any and all appurtenances, facilities and works (the "Works") as may be required from time to time in, across, under and through the lands more particularly described in Box 5 hereof (the "Storm Drainage Easement Lands"). TOGETIlER with the right of the Transferee, its successors and assigns and its and their servants, agents, contractors and workmen with all necessary materials, equipment, machinery and vehicles to enter upon the Storm Drainage Easement Lands as may be reasonably necessary at all times and to pass and repass thereon for the purposes of installing, constructing, reconstructing, examining, altering, repairing, renewing or replacing and maintaining the Works or any part thereof whether or not any part to be so constructed, installed, repaired, renewed, altered, replaced or maintained is situate on the Storm Drainage Easement Lands. TO HAVE AND TO HOLD the said easement or right in the nature of an easement on, in, across, under and through the Storm Drainage Easement Lands unto the Transferee, its successors and assigns for its and their sole and only use forever. AND the Transferor: a) covenants that it will not erect any buildings or structure, place or remove any fill on any part of the Storm Drainage Easement Lands or cause or permit any person to interfere in any way directly or indirectly with the Works or in any way derogate from the easement hereby transferred; b) hereby releases the Transferee from any and every claim which mayor might arise out of the exercise by the Transferee of any of the rights hereby granted or which may arise out of the existence, operation, construction, reconstruction examination, repair, renewal, replacement and maintenance of the Works; c) covenants with the Transferee that it has the right to convey the said rights and easements to the Transferee, notwithstanding any act of the Transferor; d) covenants with the Transferee that it will execute such further assurances of the said rights and easements as may be required by the Transferee; and e) releases to the Transferee all claims upon the interest hereby transferred. AND the Transferee shall have quiet possession of the said easement or right in the nature of an easement, free from all encumbrances and restrictions, save as mentioned herein. .' - 16- SCHEDULE wE- (Storm Drainaae Temporary Construction Easement) The Transferor hereby transfers to the Transferee, its successors and assigns, the free, uninterrupted and unobstructed right and easement to install and to construct the Works on the Storm Drainage Easement lands as may be required from time to time in, across, under and through the lands shown on the drawing contained in Schedule "B" as the "Storm Drainage Temporary Construction Easement Lands". TOGEnlER with the right of the Transferee, its successors and assigns and its and their servants, agents, contractors and workmen with all necessary materials, equipment, machinery and vehicles to enter upon the Storm Drainage Temporary Construction Easement Lands as may be reasonably necessary at all times and to pass and repass thereon for the purposes of installing and constructing the Works or any part thereof whether or not any part to be so constructed, installed, repaired, renewed, altered, replaced or maintained is situate on the Storm Drainage Easement Lands. TOGETIlER with the right of the Transferee, its successors and assigns and its and their servants, agents, contractors and workman with all necessary materials, equipment, machinery and vehicles to enter upon the Storm Drainage Temporary Construction Easement Lands as may be reasonably necessary at all times until the completion of the installation and construction of the Works and the issuance by the Purchaser's Director of Public Works of a Certificate of Completion in respect thereof, and to pass and repass thereon for the purposes of installing and constructing the Works or any part thereof whether or not any part to be so installed or constructed is situate on the Storm Drainage Easement Lands, provided that forthwith after the completion of the Works, the Purchaser at its cost shall restore the Storm Drainage Temporary Construction Easement Lands to the condition they were in before the first entry hereunder took place. TO HA VB AND TO HOLD the with the completion of the installation and construction of the Works and the issuance by the Purchaser's Director of Public Works of a Certificate of Completion with respect thereto. AND the Transferor: a) covenants that it will not erect any buildings or structure, place or remove any fill on any part of the Storm Drainage Temporary Construction Easement Lands or cause or permit any person to interfere in any way directly or indirectly with the Works or in any way derogate from the easement hereby transferred; b) hereby releases the Transferee from any and every claim which mayor might arise out of the exercise by the Transferee of any of the rights hereby granted or which may arise out of the existence, operation, construction, reconstruction examination, repair, renewal, replacement and maintenance of the Works; c) covenants with the Transferee that it has the right to convey the said rights and easements to the Transferee, notwithstanding any act of the Transferor; d) covenants with the Transferee that it will execute such further assurances of the said rights and easements as may be required by the Transferee; and e) releases to the Transferee all claims upon the interest hereby transferred. AND the Transferee shall have quiet possession of the said easement or right in the nature of an easement, free from all encumbrances and restrictions, save as mentioned herein. ,. I, .' j , . - 17- SCHEDULE -14'" (Noise Fence Easement) The Transferor hereby transfers to the Transferee, its successors and assigns, the free, uninterrupted and unobstructed right and easement to construct a fence and gates together with any and all appurtenances, facilities and works (the "Noise Fence") as may be required along, across, and under the boundary of the lands shown on the drawing contained in Schedule "B" hereto as the "Noise Fence Easement Lands". TOGETIlER with the right of the Transferee, its successors and assigns and its and their servants, agents, contractors and workmen with all necessary materials, equipment, machinery and vehicles to enter upon the Noise Fence Easement Lands and any adjoining lands of the Transferor as may be reasonably necessary at all times and to pass and repass thereon for the purposes of removing the presently existing fence located on portions thereof and constructing the Noise Fence. TO HA VB AND TO HOLD the said easement or right in the nature of an easement on, in, across, under and through the Noise Fence Easement Lands unto the Transferee, its successors and assigns for its and their sole and only use until the construction of the Noise Fence is completed and the Purchaser's Director of Public Works has given written notice to the Vendor of that fact. AND the Transferor: a) covenants that it will not cause or permit any person to interfere in any way directly or indirectly with the Noise Fence while the easement continues or in any way derogate from the easement hereby transferred; b) hereby releases the Transferee from any and every claim which mayor might arise out of the exercise by the Transferee of any of the rights hereby granted or which may arise out of the existence, operation, construction or use of the Noise Fence; c) covenants with the Transferee that it has the right to convey the said rights and easements to the Transferee, notwithstanding any act of the Transferor; d) covenants with the Transferee that it will execute such further assurances of the said rights and easements as may be required by the Transferee; and e) releases to the Transferee all claims upon the interest hereby transferred AND the Transferee shall have quiet possession of the said easement or right in the nature of an easement, free from all encumbrances and restrictions, save as mentioned herein. I i I -- t ; I I I i I .. j " - 18 - SCHEDULE "G" (Chain Link Fence Easement) The Transferor hereby transfers to the Transferee, its successors and assigns, the free, uninterrupted and unobstructed right and easement to construct, and maintain a temporary construction fence and also to construct and maintain a permanent fence together with any and all appurtenances, facilities and works (the "Chain Link Fence") as may be required from time to time along, across, and under the lands shown on the drawing contained in Schedule "C' hereto as the "Chain Link Fence Easement Lands". TOGE1lIER with the right of the Transferee, its successors and assigns and its and their servants, agents, contractors and workmen with all necessary materials, equipment, machinery and vehicles to enter upon the Chain Link Fence Easement lands and any adjoining lands of the Transferor as may be reasonably necessary at all times and to pass and repass thereon for the purposes of installing, constructing, reconstructing, uamining, altering, repairing, renewing or replacing and maintaining the Chain link Fence or any part thereof whether or not any part to be so constructed, installed, repaired, renewed, altered, replaced or maintained is situate on the Chain Link Fence Easement Lands. TO HAVE AND TO HOLD the said easement or right in the nature of an easement on, in, across, under and through the Chain Link Fence Easement Lands unto the Transferee, its successors and assigns for its and their sole and only use forever. AND the Transferor: a) covenants that it will not erect any buildings or structure, place or remove any fill on any part of the Chain Link Fence Easement Lands or cause or permit any person to interfere in any way directly or indirectly with the Chain link Fence or in any way derogate from the easement hereby transferred; b) hereby releases the Transferee from any and every claim which mayor might arise out of the exercise by the Transferee of any of the rights hereby granted or which may arise out of the existence, operation, construction, reconstruction examination, repair, renewal, replacement and maintenance of the Chain Link Fence; c) covenants with the Transferee that it has the right to convey the said rights and easements to the Transferee, notwithstanding any act of the Transferor; d) covenants with the Transferee that it will execute such further assurances of the said rights and easements as may be required by the Transferee; and e) releases to the Transferee all claims upon the interest hereby transferred. AND the Transferee shall have quiet possession of the said easement or right in the nature of an easement, free from all encumbrances and restrictions, save as mentioned herein. I I' I . ! . . , " ~ - 19 - SCHEDULE "HII (Description of Vendor's Land) Part of Lot 8, Concession 1, former Town of Bowmanville, now Town of Newcastle, Regional Municipality of Durham being composed of Parts 1, 2, 3 and 4, on Plan 10R- 2901 subject to an easement in favour of Bell Canada as set out in Instrument No. 11380 over Part 2, Plan 10R-2901 and subject to an easement in favour of the Regional Municipality of Durham over Part I, Plan lOR-1171 as set out in Instrument No. 101479. J' I I L , . . I', L - 20- SCHEDULE "11 (Description or Purchaser's Park) Those lands and premises located in the Town of Newcastle, Regional Municipality of Durham which are more particularly described as Blocks 89 and 90 on Plan of Subdivision 10M-785 registered in the Land Registry Office for the Land Registry Division of Durham (NoAO) (the "Land Registry Office").