HomeMy WebLinkAbout89-110
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THE CORPORATION OF THE T(ltffi OF NEWCASTLE
BY-LAW 89-ll0
being a By-law to authorize the entering into of an amending Agreement between
Victor Earl Cookson and Audrey Bernice Cookson and the Corporation of the Tbwn
of Newcastle.
WHEREAS the Council of the Corporation of the Tbwn of Newcastle deem it
appropriate to enter into an Amending Agreement;
The Council of the Corporation of the Tbwn of Newcastle hereby enacts as
follows:
1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of the
Corporation of the Tbwn of Newcastle, and seal with the Corporation's seal, an
Agreement between Victor Earl Cookson and Audrey Bernice Cookson and the said
Corporation dated the day of , 1989, in the form attached
hereto as Schedule "X".
2. THAT the Mayor and ClerK are hereby authorized to accept, on behalf of
the Tbwn, the said conveyances of lands required pursuant to the aforesaid
Agreement.
3. THAT Schedule "X" attached hereto forms part of this By-law.
BY-LAW read a first time this 26th day of June 1989
BY-LAW read a second time this 26th day of June 1989
BY-LAW read a third time and finally passed this 26th day of June 1989
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JUN 22 '89 16:42
WM. BROWN LAW OFFICE
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632 P02/04
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SCHEDULE "X" TO BY-LAW 89-ll0
THIS AGREEMENT MADE THIS 29TH DAY OF JUNE, 1989.
BETWEEN:
VICTOR EARL COOKSON and AUDREY BERNICE
COOKSON, both of the Tow~ of Newcastle,
in the~egiona1 Mu~icipality of Durham,
OF THE FIRST PART;
~i'C~d \V/ltJD)
JUN 23 1989
-and-
THE CORPORATION OF THE TOWN
'JJ:i' THE
WHEREAS as at the 28th day of April, 1960, Lots 6 and &
7 v l')lan 650 Q TownslJ.::.r')f ;:'e.r lington, County of Durharf:
'hereinafter called "t~e property") were registered in
the names of James Henry Cookson and Florrie Cookson
as ioint tena~ts;
AND WHEREAS on the 28th daf of April, 1960, the said James
Henry Cookson and Florrie Cookson entered into an
is annexed hereto as Schedule "A");
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Agreement with the Township of Darlington (a copy of which
AND WHEREAS the said James Henry Cookson and Florrie
Cookson are now deceased;
AN WHEREAS the property was conveyed under the Last Will
and Testament of James Henry Cookson, the surviving joint
tenant to Victor Earl Cookson, ~is son;
AND WHEREAS the said Victor Earl Cookson transferred the
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subject property from himself to he and his spouse, Audrey
Bernice Cookson as joint tenants and not as tenants in
common by Instrument Number 15ll79;
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AND WHEREAS the parties to this agreement are desirous
of amending the aforesaid Subdivision Agreement being
Instrument Noo N13876;
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JUN 22 '89 16:43
l~IM. BROhJrJ LAGJ OFF I CE
f.32 P03/04
-2-
NOW THEREFORE WITNESSETH that in consideration of the
premises, the parties hereby mutually covenant and agree
as follows:
1. That paragraph 2 of Instrument Number Nl3876 be
deleted in its entirety and replaced with the following:
The Owners covenant not to apply for a building permit to
construct any building and not to occupy any building on
either Lot 6 or 7 on Registered Plan of Subdivision 650 until
Winco Street is improved, constructed and opened as a public
street, and further, the OWners covenant to pay the Town
forthwith after demand therefore is made in writing for
the cost of constructing Win co Street together with the cost
of constructing and installing municipal and utility services
therein to the Town's then design criteria and standard
drawings as approved by the Director of Public Works. For
the avoidance of doubt, the Owners acknowledge that the Town
is not now under any obligation to construct and open Winco
Street and that the Town in its sole discretion has the
power to determine whether, and if so, when Winco Street
will be improved and opened as a public street.
2. That all other terms of the Memorandum of Agreement
of Subdivision Agreement No. N13876 shall remain in full
force and effect.
3. This agreement shall enure to the benefit of and be
binding upon the parties hereto and their heirs, executors,
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JUH 22 · 89 1 t, : 44
['lt1. BRmN LAlJ OFF I CE
532 P04/04
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administrators, successors, assigns and other legal
representatives.
IN WITNESS WHEREOF that Owners have hereunto set
their hands and The Corporation of the Town of Newcastle
has affixed its seal attested by the hands of its proper
signing Officers.
SIGNED, SEALED AND DELIVERED
in the presence of:
VICTOR EARL COOKSON
AUDREY BERNICE COOKSON
THE CORPORATION OF THE TOWN
OF N W ASTLE
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SCHEDULE "A" TO SCHEDULE
o F A Q R E E MEN T
"X"
TO BY-LAW 89-110
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I!\M E M 0 R II N DUM
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~'Imade in duplicate this 28tn
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II EHrlIWEEN:
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day
or April, A,D. 1960.
~MES HENRY COOKSONJ of the Township of Darlington
in toe County of DUrham, Farmer, and
ELORR1,],~OOKSON, of the same pla.ce, hi 5 '({if e,
herel nafter called the "mnmRB 1\ "
OF 'rHE FIRST PAR'I':
Il'liE CORPORATION OF THE TOV-INSHIP OF DARLINOrrON, in the
County of Durnam a.nd P'Fovince or ori"farfo 1 ~
hereinafter called the "TOWNSHIP",
QF THE SECOND PART:
WH.EREAS the Qi'inerS arid ene '!1C.lwnship entered into an agreemen
\ concerning the 8ubd;1.vi5~;,on of VII lands .1.n Lot 19 in the 2nd conceasic
\ of the '!'ownsh1p of: Darlington which i'laB dated the 24th day of June,
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~ 1958, and registered in the Registry Office for the Registry Division
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Ii ot the West Riding of the COiJ.ntj of DUt'!lam on tr1e 25th cay of July I
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11958, as No. 6653,,& dea.11i wil:i'1the .landsca:.crft.Ei:.il5:ha.:lule l1~lattIld1a:i hereto.
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p AND WHEREAS the owners and the Township have agreed to exec
~ a new agreement concerning the subdivision of the said lands.
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!I NOW 'I'HER.&FOR.E WITNESSETH tha.t:' in consideration of the
\1 premisesJ the parties hereto HEREBY MUTUALLY COVENANT AND AGREE as
1\ follow,:
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1. All the terms and condi t.J.on IS of the said memor'andwn
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Agreement ela.ted the 24th da.y of June, 1958, a.re hereby rescinded.
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ii 3. Culvert. wnicrl meet the requirements ot the Town.nip
II trle $a '1;.1 ara.e tion of tIle Roa.dS I Supez'in tenden t. of the 1'own ship, sha1
II be provided and installed tor eacll lot descr'lbed in Schedule "II"
\ attached heretol by and at the expense or the Owners herein or
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I subsequent ownera of the sald lot.
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Th1e agreement shall enure to the benefit or and ne
heirs, executorsJ
I binding upon the parties hereto and their
I a.dministrators" successors and assigns.
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IN WITNESS WHEREOF the Owners have hereunto Bet their:han1s
:a.nd seals and the Township ha$ affixed its seal attested by the ilanJs
of its duly authorized officers.
SIGNED, SEALED AND DELIVERED
in the presence of
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The Corporation of the
Township of Darlington
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SCHEDU L.5: tl A" . . , ... II
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Those certain parcels or tracts of lands situate, lying and b~ipi II
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in the Tovmship of Darlington, in the County of Durham a.nd Pr':J,!/,r~e "I[
1 of Ontario and be1ng com~o$ed of part of Lot 19 in the Second" '.
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Conoession of: the said Township of Darlington, ';,ore partioula~;LY.: II
described as Lots numbered 4, 5, 6, ? t 9, 19, 20, 22, 23, 24, 's.rtd I(
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25 as shown on a plan of subdivision made by F. J. Donevan anr; 1\
Associates, dated January 24th, 1958, and registered in the \
Registry Offioe tor the Rea;istry Division of the \iest Ridinr< of I
the County of Durham on the 26th day of June, 19513, as No. 650. II
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The Corporation of the Township
of Darlington
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M E M 0 RAN DUM 0 F
A Q R E E MEN T
made in duplicate tn:e 28th day or Aprl1, A..D. 1960,
BEl'W EEN =
JAMES HENRY COOKSON, of' the Township of' Darlington
In the County of Durham" F'armer 1 and
.FLORRIE COOKSON 1 of the same place, I'li 5 wire,
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hereinafter called the
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OF rrHE FIRST PAR'l':
AND
rI'liE CORE'OAA1J:'!ON OF THE TOWNSHIP OF DARLINorrON in the.
~ County of !Au'ham and 'Pro v ince of OntarI'o, _J
hereinafter called the ilTOWNSHlpll,
OF THE SECOND PART:
'rlHEREAS the Owners and the rrownship entered into an aSreerner
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il conceI'ning the Buodi vi sion of .t.}a la.nds in La t 19 in the 2nd Conce B $.\.(
\ of the Township of DaI'lington which was dated the 24th day of June J
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~ 1958, and reg1stered in the Registry Office for the Registry Dlv1el~n
il of the west Riding of the County of Pm'ham Oil the 25th <aY of July,
Ii 1958, ae No. 6653, & d eu wUh the Jal1 '" ~JJ::<<l In S::ha:lule "~' att&ha:l he re to,
II AND WHEREAS the owners and the Township have agreed to exec
~ a new agrsement ooncerning the 8ubdivision of the said lands.
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Ii NOW THEREFORE WITNESSEl'H tha.t in consideration of the
il premi se B. the partJ. e s he t'eto llEREB): MUTUA LL): C OVlNAN'l' AND AO!tEE a e
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:1 3. Culverts which meet the requirements of the To\>mship
~ the satisfaction of the Roads' Superintendent of the Township, sha)
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1\ be proVided and installed fOI' .acl1 lot descI'ibed in Schedule "A"
~ attached hereto, by and at the expense or the Owners herein or
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II 5ub6equent QWrHH'S of tt1e said tot,
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1. A.ll the termo a,nd condl t lon s of the saict memo L'andum
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Agreement d.a.ted the 24th day of June, 1958J are hereby rescinded.
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4. This agreement shall enure to the benefit or and ~e
binding upon the parties hereto and their heirs, executors,
administrators} auooeBsor~ and assigns.
IN WITNESS WHEREOF the Owners have hereunto set their:han1s
,and seals and the Township has affixed its seal attested by the banJs
of its duly authorized officers.
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I SIGNED, SEALED AND DELIVERED
I in the presence of
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The Corporation of the
Township of Darlington
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Reeve
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Clerk.
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Those certain parcels or tracts of lands situate, lying and b~i'~i II
in the Toymship of Darlington, in the County of Durham a.nd ?r:..)~:i'r~e !I
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SCHEDULE "An
of Ontario and being cornFosed of part of Lot 19 in the Second\:"
Concession of the $aid Township of Darlington, ;-,'.ore rarticulat}.y.:
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described as Lots numb ered 4, 5, 6, 7 ~ 9, 19, 20, 22, 23, 24, '~rtd
25 as shown on a plan of subdivision made by F. J. Donevan an,;
Associates, dated January 24th, 1958, and register$d in the
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Registry Offioe tor the rtesistry Vi vision of the 'dest Ridinr< of
the County of Durham on the 26th day of June, 1950, as No. 650.
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The Corporation of the Township
of Darlington
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JUN 22 '89 16:42
WM. BROWN LAW OFFICE
632 P02/04
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SCHEDULE "X" TO BY-.LAW 89-110
THIS AGREEMENT MADE THIS 29TH DAY OF JUNE, 1989.
BETWEEN:
VICTOR EARL COORSON and AUDREY BERNICE
COOKSON, both of the Town of Newcastle,
in the Regional Municipality of Durham,
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JUN 28 1989
OF THE FIRST PART;
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THE CORPORATION OF THE TOWN OF NEWCASTLE'
OF THE SECOND PART.
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WHEREAS as at the 28th day of April, 1960, Lots 6 and &
7, Plan 650, Township of Darlington, County of Durham
(hereinafter called lithe property") were registered in
the names of James Henry Cookson and Florrie Cookson
as joint tenants;
AND WHEREAS on the 28th day of April, 1960, the said James
Henry Cookson and Florrie Cookson entered into an
Agreement with the Township of Darlington (a copy of which
is annexed hereto as Schedule "A");
AND WHEREAS the said James Henry Cookson and Florrie
Cookson are now deceased;
AN WHEREAS the property was conveyed under the Last Will
and Testament of James Henry Cookson, the surviving joint
tenant to Victor Earl Cookson, his son;
AND WHEREAS the said Victor Earl Cookson transferred the
subject property from himself to he and his spouse, Audrey
Bernice Cookson as joint tenants and not as tenants in
common by Instrument Number 151179;
AND WHEREAS the parties to this agreement are desirous
of amending the aforesaid Subdivision Agreement being
Instrument No. N13876;
JUN 22 '89 16:43
WM. BROWN LAW OFFICE
632 P03/04
-2-
NOW THEREFORE WITNESSETH that in consideration of the
premises, the parties hereby mutually covenant and agree
as follows:
1. That paragraph 2 of Instrument Number Nl3876 be
deleted in its entirety and replaced with the following:
The owners covenant not to apply for a building permit to
construct any building and not to occupy any building on
either Lot 6 or 1 on Registered Plan of Subdivision 650 until
Winco Street is improved, constructed and opened as a public
street, and further, the owners covenant to pay the Town
forthwith after demand therefore is made in writing for
the cost of constructing Winco Street together with the cost
of constructing and installing municipal and utility services
therein to the Town's then design criteria and standard
drawings as approved by the Director of Public Works. For
the avoidance of doubt, the owners acknowledge that the Town
is not now under any obligation to construct and open Winco
Street and that the Town in its sole discretion has the
power to determine whether, and if so, when Winco Street
will be improved and opened as a public street.
2. That all other terms of the Memorandum of Agreement
of Subdivision Agreement No. Nl3876 shall remain in full
force and effect.
3. This agreement shall enure to the benefit of and be
binding upon the parties hereto and their heirs, executors,
JUN 22 '89 16:44
WM. BROWN LAW OFFICE
-3-
632 P04/04
administrators, successors, assigns and other legal
representatives.
IN WITNESS WHEREOF that Owners have hereunto set
their hands and The Corporation of the Town of Newcastle
has affixed its seal attested by the hands of its proper
signing Officers.
SIGNED, SEALED AND DELIVERED
in the presence of:
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VICTOR EARL COOKSON
AUDREY BERNICE COOKSON
THE CORPORATION OF THE TOWN
OF NEWCASTLE
Per:
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SCHEDULE "A" TO SCHEDULE "X"
o F A 0 R E E MEN T
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TO BY-LAW 89-110
1M E M 0 RAN DUM
it
,\rnade in duplicate cnis 28tn da.y or Aprl1} A,D. 1960.
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11 BETWEEN:
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JAMES HENRY COOKSON} of the Township of Darlington
1n the County of DUrham} Farmer} and
J:.'LORRIE COOKSON} of the sa.me place" hi 5 'liil' e I
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herei nafter called the !I OWNERS 11 }
OF 'rHE FIRST PAR'I':
'l'liE COR?ORATION OF THE TOWNSHIP OF DARLING'rON) in the
-county of Durham and Province "of Ontario" -
hereinafter called the "TOWNSHIP",
Oft' 'rHE SECOND PART:
WHEREAS the OHners and the 'rownahip entered into an agreemen
\1 oonoerning the subdi vision of iOklt lands ),n lJ>t 19 ln the 2nd Coneeoale
II of the Township ot' Darlington which \'laB dated the 24th day of June I
II
11958, and registered ln the RBgistry Offioe for the Registry Division
I of: the weat Riding of the County of Durham on the 25th <i>.y of July,
\1958, as No. 665:3 ,& deaJt wlih \he lan 00 cSlcrfuli :kl &:ha:lul.e "1/' at\lld'l<<l hereto.
\1 AND WHEREAS the owners a.nd the Township have agreed to exec
1;11 a neW agreement ooncerning the subdivision of the said lande.
NOW THEREFORE WITN~SE'l'H that in consideration of the
I premises, the part),es hereto HEREB~ MUTUALL~ COVENANT AND AGREE as
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1\ follow~:
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1. All the terme and conditione of the said memorandwn
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of Agreement dated the 24th da.y of June, 1958, are hereby rescl11ded.
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\W:.<!~PEk.o~~<Il.lndQrt~~!,~t\J;.:~.wJd.1.~,~~r.fl;~e~~~~~Oln
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, 3 Culverts whicc1 meet the requirements of the 1.'oy.1Tl~hlp
1\ the sati8ra~tion of tile Roads' Superintendent of the Township, oha)
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be proviaeti and inatalled foI' each lot descr'ibed in Schedule 11 All
attached hereto, by and at the expense or the Owners herein or
l subsequent owners of the sald lot.
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:1 binding upon the partiea hereto and thelr heira, executors)
I admini$t~atorsJ sucoessors and assigns.
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I of.' 1 ts duly authorized officer's.
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This ag~eement shall enure to the benefit of and ne
IN WITNESS WHEREOF the Owners have hereunto set their~han1s
S IO NED, SEALED AND DELIVERED
in the presence of
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The Corporation of the
Township of Darlington
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SCHEDULE IIA"
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Those certain parcels or tract s of lands s1 tuate, lying and b:.srrig !i
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in the 'J.'oviI1ship of Darlington, in the County of Durham I:md Pr'ovince ,:
of Ontario and being cOr.l~osed of part of Lot 19 in the Second::'::: II
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Concession of the said Township of D~rlin&ton, r,'.ore r:articula~.]..y.: '11
desoribed as Lots numbered 4,5, 6, 7~ 9, 19, 20, 22, 23,24, cttld Ii
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2t::. as shown on a plan of sub<ii vision made bv F. J. Donevan anr.: I
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Associates, d.ated JanuBr;r 24th, 195tl, and registered in the
Registry Office fot' the rtesistry Division of the ides t Ridinr< of
the County of Durham on the 26th day of J\:.ne, 1950, as No. 650,
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The Corporation of the Township
of Darlington
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Clerk
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