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HomeMy WebLinkAbout90-118 < ~ . , . ,,<< ..~ AMENoeo BV 5 qJ-J <- BY.LAW #..........d.. THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NO. 90 - 118 Being a by-law for the provision of year round maintenance on certain privately owned laneways within the Town of Newcastle. WHEREAS: A The Council of the Town of Newcastle deems it in the interest of the municipality to provide year round maintenance of certain privately owned laneways within the Town of Newcastle; B The Municipal Act R.S.O. 1980, c 302 as amended provides in Section 113 (1) as follows: Notwithstanding any special provision in this Act or in any other general or special Act related to the making of grants or granting of aid by the council of a municipality, the council of every municipality may, subject to section 112, make grants, on such terms and conditions as to security and otherwise as the council may consider expedient, to any person, institution, association, group or body of any kind, including a fund, within or outside the boundaries of the municipality for any purpose that, in the opinion of the council, is in the interests of the municipality. NOW THEREFORE the Council of the Corporation of the Town of Newcastle enacts as follows: ';!;. 1. The Corporation of the Town of Newcastle enter into an agreement with Annie Ida Henrietta Grace and Thomas Henry Grace in the form annexed as Attachment No. 1 in order to grant to them the benefit of year round maintenance of the private laneway located on their lands. 2. The Corporation of the Town of Newcastle enter into an agreement with Stefan Uriadka and Anna Uriadka in the form annexed as Attachment No.2 in order to grant to them the benefit of year round maintenance of the private laneway located on their lands. By-Law read a first time this 25th day of June 1990. By-Law read a second time this 25th day of June 1990. By-Law read a third time and finally passed this 25th day of June 1990. ~.~ MAYOR b This Agreement made this BETWEEN: day of June. 1990 newcastle \ uriadka.agt STEFAN URlADKA and ANNA URlADKA (hereinafter called the "Owners") , OF TIlE FIRST PART . and . THE CORPORATION OF THE TOWN OF NEWCASTLE (hereinafter called the "Town") OF nIB SECOND PART WHEREAS: A The Owners are the registered owners of the lands and premises described in Schedule "A" annexed hereto (the "Lands"); B. The Owners have requested that the Town perform year round maintenance of the laneway located on the Lands (the "Laneway") as shown on the sketch annexed hereto as Schedule "B"; C. The parties wish to enter into this agreement to provide for the 1erms of the maintenance of the Laneway; and .. D. The Council of the Town' has authorized this agreement. NOW WlTNESSBTIi that in consideration of the covenants and terms contained herein, the parties agree as follows: 1. The'recitals set out above are true in fact and in substance. 2. The Owners acknowledge that the Laneway has not been dedicated to use by the public. 3., The Owners acknowledge that neither the making of this agreement nor the maintenance of the Laneway pursuant to it constitutes acceptance by the' Town of a dedication to $e public of the Laneway. 4. ii During the term of this agreement. the Town shall maintain the Laneway to the same standard as comparable lands in the vicinity for the purpose of vehicular ingress and egress including the plowing of snow as may be required but no more often than is performed by the Town on similar roadways. 5. Tbe Owners agree to permit unimpeded access to the Town. its employees, contractors and' agents for the purpose of carrying out the Town's obligations under this agreement. 6. This agreement and the obligations of the Town pursuant to this agreement shall terminate upon anyone of the following: a) the transfer of the Lands by the Owners; ., I I - 2- b.. b) ,the devolution of the Lands to a party other than one of the Owners; and c) or upon the happening of any other event which results in the Lands no longer being owned by either of the Owners. 7. This agreement shall be registered on the title to the Lands. 8. The Owners shall defend the Town and hold the Town harmless from and against all claims, actions, losses, damages and expenses (including reasonable legal fees) incurred by the Town in connection with the loss of life, personal injury or damage to property caused during the term of this agreement, in whole or material part, by the act or omission of the Town, its agents, employees, licensees, invitees or contractors arising from any occurrence in or on the Lands from any work undertaken by the Town on the Lands pursuant to this agreement. 9. I The Owners s~all maintain or cause to maintain liability insurance naming the Town as insured, in the amount of at least Two Million ($2,000,000.00) Dollars. Such policy of insurance shall provide that it cannot be terminated except on at least thirty (30) days notice to the Town. The Owners shall deliver, to the Town, a certified copy of such insurance policy. 10. The obligations and covenants of the Owners pursuant to this agreement shall be joint and several. 11. Any notice, request, communication or demand under this agreement shall be in writing and shall be considered properly delivered when given or served personally or by registered mail to the Town at 40 Temperance Street, Bowmanville, Ontario Attention: Chief Administrative Officer and the Owners at R.R. #3, Bowmanville, Ontario. Such notice, request or demand shall be deemed to have been delivered on the date it is delivered if given or serviced personally or on the third day following mailing, if it is mailed. If at any time notice is delivered by mail and there is a cessation (whether anticipated or existing) of mail service affecting the delivery of such notice) the notice shall not be deemed to have been delivered until five (5) business days after the date that normal mail service is restored. IN.WITNESS WHEREOF this agreement has been duly executed by the parties hereto as of the day and year first above written. Witness: STEFAN URIADKA ANNA URlADKA THE CORPORATION OF THE TOWN OCASrLErfl . ~ ~{u{f1 ~ - arie Hubbard "I ' - 3 - SCHEDULE 'AW DESCRIPrION: ALL AND SINGULAR that certain parcel or tract of land and premises situate~ lying and being Parts, of Lots 29 and 30~ Concession 9, in the Town of Newcastle, in the Regional municipality of Durham (formerly in the Geographic Township of Darlington, in the County of Durham), now designated as Parts 3 and 4, Plan 10R-331. SA VB AND EXCEPT Part of Lot 30, Concession 9, in the Town of Newcastle~ in the Regional Municipality of Durham (formerly in the Geographic Township of Darlington, in the County of Durham), now designated as Part 1, Plan 10R-2121. SUBJECI' TO A RIGHT-OF-WAY over Part 2, Plan 10R-2121 including the right to enter upon Part 2, Plan 10R-2121 and maintain and repair water lines to permit supply, of water. LJ '. t"I,' "I ' " - 4. SCHEDULE "Bit ) tl.' CONCESSION RD. 10 LOT 31 CON. 9 LOT 30 CON.9 w u z ~ 9 ...J <:( Q ~ Q: ci 0:: o -l W G: z LiJ ." KO:: :A2til;'~t1[~~~~:~i~~ -'....;.;;:;;. Q W 2: LIJ 0.. o 2: ::> URIADKA LANEWAY :-jc:t;c ;0(; ~\ :: __, _,.....::.___:o,~ . . ~ . . _ .4, .:. t.. ,. J. ..: .~ . ... X It""....: ; i . . " .j!. ' t . .1,..........t'Cr.-.:....".,.:...1 . . l"~ (. '~:. '4' ~f:,:.f ~'.. :~; I:~ tl,',.' "':;.i::~'; I X. .,,~i' , , .:,I!'.~..~ ~ ':.' ~ ~~ i~....\} ;:'..' ',:"I:} . ;." ~. ..., -" ~ II " I ' ':'!' III': , - \,\:1 ~', ," ,t .' Vlll':~.\ 'I' I A TT ACHi'lE;n NO.1 '. ;4D-3-30 ~ . , , " " ~:. 'f:: " . .'. \f II I ! tl.' This Agreement made this day of June. 1990 newcastle \ uriadka.agt BETWEEN: STEFAN URIADKA and ANNA URlADKA (hereinafter called the "Owners") , OF THE FIRST PART . and . THE CORPORATION OF THE TOWN OF NEWCASTLE (hereinafter called the 'Town") OF THE SECOND PART WHEREAS: A The Owners are the registered owners of the lands and premises described in Schedule "A" annexed hereto (the "Lands"); B. The Owners have requested that the Town perform year round maintenance of the laneway located on the Lands (the "Laneway") as shown on the sketch annexed hereto as Schedule "Bit; C. The parties wish to enter into this agreement to provide for the terms of the maintenance of the Laneway; and ..1 D. The Council of the Town' has authorized this agreement. NOW WITNESSETIJ that in consideration of the covenants and terms contained herein, the parties agree as follows: 1. The' recitals set out above are true in fact and in substance. 2. The Owners acknowledge that the Laneway has not been dedicated to use by the public. 3. The Owners acknowledge that neither the making of this agreement nor the maint~nance of the Laneway pursuant to it constitutes acceptance by the' Town of a dedication to the public of the Laneway. 4. During the term of this agreement. the Town shall maintain the Laneway to the same standard as comparable lands in the vicinity for the purpose of vehicular ingress and egress including the plowing of snow as may be required but no more often than is performed by the Town on similar roadways. S. The Owners agree to permit =eded access to the Town, its employees, contractors and agents for the purpose of g out the Town.s obligations under this agreement. 6. This agreement and the obligations of the Town pursuant to this agreement shall terminate upon anyone of the following: a) the transfer of the Lands by the Owners; "l ' t"t. - 2- b) c) the devolution of the Lands to a party other than one of the Owners; and or upon the happening of any other event which results in the Lands no longer being owned by either of the Owners. This agreement shall be registered on the title to the Lands. 7. 8. The Owners shall defend the Town and hold the Town harmless from and against all claims, actions, losses, damages and expenses (including reasonable legal fees) incurred by the Town in connection with the loss of life, personal injury or damage to property caused during the term of this agreement, in whole or material part, by the act or omission of the Town, its agents, employees, licensees, invitees or contractors arising from any occurrence in or on the Lands from any work undertaken by the Town on the Lands pursuant to this agreement. 9. ' The Owners s~all maintain or cause to maintain liability insurance naming the Town as insured, in the amount of at least Two Million ($2,000,000.00) Dollars. Such policy of insurance shall provide that it cannot be terminated except on at least thirty (30) days notice to the Town. The Owners shall deliver, to the Town, a certified copy of such insurance policy. 10. The obligations and covenants of the Qwn.ers.p-ursuant to this agreementshalL be joint and several. 11. Any notice, request, communication or demand under this agreement shall be in writing and shall be considered properly delivered when given or served personally or by registered mail to the Town at 40 Temperance Street, Bowmanville, Ontario Attention: Chief Administrative Officer and the Owners at R.R. #3, Bowmanville, Ontario. Such notice, request .or demand shall be deemed to have been delivered on the date it is delivered if given or serviced personally or on the third day following mailing, if it is mailed. If at any time notice is delivered by mail and there is a cessation (whether anticipated or existing) of mail service affecting the delivery of such notice) the notice shall not be deemed to have been delivered until five (5) business days after the date that normal mail service is restored. IN WITNESS WHEREOF this agreement has been duly executed by the parties hereto as of the day and year first above written. Witness: STEFAN URIADKA ANNA URIADKA li.' - 3 - SCHEDULE 'A' DESCRIPTION: ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and t"i' being Parts of Lots 29 and 30, Concession 9, in the Town of Newcastle, in the Regional municipality of Durham (formerly in the Geographic Township of Darlington, in the County of Durham), now designated as Parts 3 and 4, Plan 10R-331. SA VB AND EXCEPT Part of Lot 30, Concession 9, in the Town of Newcastle, in the Regional Municipality of Durham (formerly in the Geographic Township of Darlington, in the County of Durham), now designated as Part 1, Plan 10R-2121. sUBmcrTo A RIGHT-OF-WAY over Part 2, Plan 10R-2121 including the right to enter upon Part 2, Plan 10R-2121 and maintain and repair water lines to permit supply, of water. ;. " J '. 'I ' -4- SCHEDULE -a" ) CONCESSION RD. 10 LOT 31 CON. 9 LOT 30 CON. 9 c) a:: o ...J W G: 2 W 1:ii:JrtQ;,ttif~~~lit~~~ URIADKA LANE WAY t rTOl-l.'NSJlIlI .')Ct:(;O(; ~""'''I''i.1''~'"f _~...J._( ~"~:~:~~+.r.- --, _..~\\.:-..~ 11'1 ..._lit'''': I : ;'-;...! 1 :,--- . ....... ...'.. ......... 'J' -~r""!..., i : I i~' .: ! ;9~K('TOtl \~, ; X:....; : I 1:1:.J-, I . . :..s::-~-_.=..~. ""t';\\- ."1 \.... 01.' . ,I '.,......t...~...s.::-;~':,.r.I... 1".( "I . ~ I ,i f:l-) I f.~'- - , ' ''',: . .~, ,;:,'~;; 'it ". I I 1'1 ,~' :' '\ '. . ~..' ):~:~l~':;",::; " ...11, ~~. 'SUBJEC T '1'_....;" I X .i:~il..1 ~.:....~ ~II .1. I II:; !: \'.~..._ISI;TE. . :' ..' \ .;'':i~:': . ~::;: - :~ :';'..\J; ..' "i:t I, ~Jm' .l--._ll......~....... ,:." , . ,', i'C .. ,o..fJl' !....t I : .!:. ., , .1 '. Ii II' OJ:: I ,: I I.J. ;ir{ I ....~ ", ~ , " \\~ U.\ ( . T I I ~I 1'.1 , ' . . I . (' I!f. "'.1'\ ;,'\, ,..J VIII" "J... i i -~. . I ~rl . " .{l 'ji ~ . ~,; w , , . II ' ,. I I' J.... ,.1 . 'I i./~...j .; I .. t' , 1" ~ 11'\';" ~.i"'''" II .. ,,,::"i,:' :... ,"~.. II .. .\ "h.\JD:oW ,I'.'"' I' -4 : T' '. . l~. t J ..I.. ....~...:."'~.: "\ ...,' :...t.",J1 I' I fI~ Y I II t.'.' I!:""; ,,'lLI:t. I'..'.. ..' " ,; " I :' .1':." ..' " ~ '\: I ~.. r'.'t~ . '"' 1'1 i I! '.:. ..,~.:;,l:..e ','VII .;:: '1 . .~ ;, ,',:.. "~ .~ ~ ,'j: w o z ~ 9 ...J <( o <( o 0: o w z W Q. o z :> .. J A TT.~CHi'1EiH NO.1 \4D-J-90 """" No. 88S lii ::ovince ~ Ontario Document General Form 4 - Land Reglstl'lltlon R.fonn Act, 1984 o r-- 0-... 2 o t:: '" F.t: ~" ~1 l;j ~;;,j I;;: \) ':1;;;.1 ..!!...< <( I..~ .,... 0:: j~ I"l U') fii a. (1) Registry XJ (3) Property ldentlfler(.) Land TItIeI 0 T (2) Page 1 of /b pages Block Property J > ..J Z o w en ::l w o ~ ~ o ~ ...0 C''* 0::) ~ fE I' '1? \l"':, ' \~\I": :::;. i ,l:::i' ;;i 1 ".~ ., ... , Additional: See 0 Schedule (4) Natu... of Document N CO IV') ~ MUNICIPAL BY.LAW (Section 18 of the Re2istrv Act) (5) Conllderatlon Dollars $ New Property Identifiers Additional: See 0 Schedule (6) Description Firstly: All of Lot Number 33, N'mth Concession, Town of Newcastle (formerly Township of Darlington), save and except the south one hundred acres of said Lot; and SecoDdly: The Dortheast sixteen (16) acres of Lot Number 34 N'mth CoDeession, Town of Newcastle, more particularly described in Schedule "A-r attached; and 1blrclly: Part of Lots 29 and 30, ConeessioD 9, Town of Newcastle, (formerly Township of Darlington) de-ll.igJI1Ited as Parts 3 and 4 on Plan IOR-33!, more particularly described on Schedule "A-2"} attached hereto all in the Town of Newcastle, Regional Municipality of Durham Executions Additional: See Schedule o (7) This Document Contain.: (a) Redescription New Easement Plan/Sketch o (b) Schedule for: Additional Description 0 Parties 0 Other 0 (8) This Document provides as follows: See By-law attached Continued on Schedule o ) I (9) ThIS Document .....t.. to In.trument number(s) (10) Party(les) (Set out Status or Interest) Name(s) Date of Signature Y M 0 ,. .~.~9.1W9~"Q~.9.~m~,rQ~,........ .... ./!::. ?.~......,......... !1.~~~. !~.2..I~t OF NEWCASTLE (Applicant) Nicholas T. Macos 1 :! . . by it solicitors,. SHIBLEY,. . . . . . . . . . . . . . . . . . . .. .................................. i . , . . . ; . . . i. . . RIGHTON per Nicholas T. Macos ! j l . " . ... . . . . . .. . . . . . . -.' . . . . . . . . . . . . . . . . . . . . . . . . . .. .................................:..... i . . 'i' . . ! : i : :. Signature(s) (11) Addres. tor Service 40 Temperance Street, BowmanvilIe, Ontario LIC 3A6 (12) Party(les) (Set out Status or Interest) Neme(s) Signature(s) Date of Signature Y M 0 ., . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , , . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . r . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . r . . . . . . . .L . . ~ , , ',_ "0 ... , . , . , , . . 'i" . . ! . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (13) Address tor Service (14) Municipal Address of Property Not assigned (15) Document P...pentd by: Shibley, Righton Barristers & Solicitors Suite 1800 401 Bay Street Toronto, Ontario M5H 2Z1 Attn: Nicholas T. Macos ~ ...J Z Registration Fee o w en ::> w o ~ ~ o a: o .~ Fees and Tax '" Total 10174 (12/84) Q1/l) THE CORPORATION OF THE TOWN OF NEWCASTLE BY.LAW NO. 90. 118 Being a by-law for the provision of year round maintenance on certain privately owned laneways within the Town. of Newcastle. WHEREAS: A The Council of the Town of Newcastle deems it in the interest of the municipality to provide year round maintenance of certain privately owned laneways within the Town of Newcastle; B The Municipal Act R.S.O. 1980, c 302 as amended provides in Section 113 (1) as follows: Notwithstanding any special provision in this Act or in any other general or special Act related to the making of grants or granting of aid by the council of a municipality, the council of every municipality may, subject to section 112, make grants, on such terms and conditions as to security and otherwise , as the council may consider expedient, to any person, institution, association, group or body of any kind, including a fund, within or outside the boundaries of the municipality for any purpose that, in the opinion of the council, is in the ~terests of the municipality. NOW TIIEREFORE the Council of the Corporation of the Town of Newcastle enacts as follows: ':!" 1. The Corporation of the Town of Newcastle enter into an agreement with Annie Ida Henrietta Grace and Thomas Henry Grace in the form annexed as Attachment No. t in order to grant to them the benefit of year round maintenance of the private Janeway located on their lands. 2. The Corporation of the Town of Newcastle enter into an agreement with Stefan Uriadka and Anna Uriadka in the form annexed as Attachment No.2 in order to grant to them the benefit of year round maintenance of the private laneway located on their lands. By-Law read a first time this 25th day of June 1990. By-Law read a second time this 25th day of June 1990. By-Law read a third time and finally passed this 25th day of June 1990. Lb-AA , CF~li~HED A TRllE C[lf'\! MAYOR ~1 )0 '. AITACHMENT NO.1 This Agreement made this 30th day of September, 1991. BETWEEN: THOMAS HENRY GRACE (hereinafter called the "Owner") OF nIB FIRST PART - and - mE CORPORATION OF THE TOWN OF NEWCASTLE (hereinafter called the "Town") OF THE SECOND PART WHEREAS: A The registered owners of the lands and premises described in Schedule "A" annexed hereto (the "Lands") are Annie Ida Hemietta Grace and Thomas Henry Grace; B. Ownership of the Lands is now vested in the Owner solely as a result of the death of Annie Ida Hemietta Grace; C. Notarial Letters Probate in the Estate of Annie Ida Hemietta Grace were registered in the Land Registry Office for the Registry Division of Newcastle (No. 10) on the 18th day of October, 1991, as Instrument No. 0373083; D. The Owner has requested that the Town perform year round maintenance of the laneway located on the Lands (the "Laneway") as shown on the sketch annexed hereto as Schedule liB"; E. The parties wish to enter into this agreement to provide for the terms of the maintenance of the Laneway; and F. The Council of the Town has authorized this agreement. NOW WITNESSETH that in consideration of the covenants and terms contained herein, the parties agree as follows: 1. a) The Owner represents and warrants that Recitals A, B, C,D and E set out above are true in fact and substance; and b) The Town represents and warrants that Recitals D, E and F set out above are true in fact and in substance. 2. The Owner acknowledges that the Laneway has not been dedicated to use by the public. 3. The Owner acknowledges that neither the making of this agreement nor the maintenance of the Laneway pursuant to it constitutes acceptance by the Town of a dedication to the public of the Laneway. 4. During the term of this agreement, the Town shall maintain the Laneway to the same standard as comparable lands in the vicinity for the purpose of vehicular ingress and egress including the plowing of snow as may be required but no more often than is performed by the Town on similar roadways. ~1JlJ - 2- 5. The Owner agrees to permit unimpeded access to the Town, its employees, contractors and agents for the purpose of carrying out the Town's obligations under this agreement. 6. This agreement and the obligations of the Town pursuant to this agreement shall terminate upon anyone of the following: a) b) c) the transfer of the Lands by the Owner; the devolution of the Lands to another party; and the happening of any other event which results in the Lands no longer being owned by the Owner. This agreement shall be registered on the title to the Lands. 7. 8. The Owner shall defend the Town and hold the Town harmless from and against all claims, actions, losses, damages and expenses (including reasonable legal fees) incurred by the Town in connection with the loss of life, personal injury or damage to property caused during the term of this agreement, in whole or material part, by the act or omission of the Town, its agents, employees, licensees, invitees or contractors arising from any occurrence in or on the Lands from any work undertaken by the Town on the Lands pursuant to this agreement. 9. The Owner shall maintain or cause to maintain liability insurance naming the Town as insured, in the amount of at least Two Million ($2,OO(M)()().OO) Dollars. Such policy of insurance shall provide that it cannot be terminated except on at least thirty (30) days notice to the Town. The Owner shall deliver, to the Town, a certified copy of such insurance policy. 10. Any notice, request, communication or demand under this agreement shall be in writing and shall be considered properly delivered when given or served personally or by registered mail to the Town at 40 Temperance Street, Bowmanville, Ontario Attention: Chief Administrative Officer and the Owner at R.R. # 1, Bowmanville, Ontario. Such notice, request or demand shall be deemed to have been delivered on the date it is delivered if given or serviced personally or on the third day following mailing, if it is mailed. If at any time notice is delivered by mail and there is a cessation (whether anticipated or existing) of mail service affecting the delivery of such notice) the notice shall not be deemed to have been delivered until five (5) business days after the date that normal mail service is restored. IN WITNESS WHEREOF this agreement has been duly executed by the parties hereto as of the day and year first above written. Witness: THOMAS HENRY GRACE THE CORPORATION OF THE TOWN OF NEWCASTLE By: Mayor - Marie Hubbard And: Clerk - Patti Barrie S-f/D - - 3 - SCHEDULE "A-I" DESCRIPTION: ALL AND SINGULAR that certain parcel or tract of land and 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: FIRSTLY: Lot Number 33 in the Ninth Concession of the Town of Newcastle, in the Regional Municipality of Durham (formerly in the Township of Darlington, in the County of Durham) except the south one hundred acres of said lot; SECONDLY: The Northeast sixteen acres of Lot Number 34 in the Ninth Concession of the said Town of Newcastle (formerly the Township of Darlington), described as follows: COMMENCING at the north east angle of said Lot Number 34; THENCE south 74 degrees west ten chains more or less to the centre of said lot; THENCE south 16 degrees east sixteen chains; THENCE north 74 degrees east ten chains more or less to the eastern limit of said lot; THENCE north 16 degrees west sixteen chains more or less to the place of beginning, together with the appurtenances thereto belonging or appertaining. ~ i ~l) .4. SCHEDULE "II" (' (., -0+ :3 z. · 3 ') . .. ..~. P. CONCESSION RoJ 10 . : ..:.:":- _::'=-_.0 -=-=----==._-.- - " I' II It " II II GRACE ""\ /LANEWAY ~ \, \\ 1/ II II 1/ " II II I, II " " " II II If " " Il~ . I ~ o UNOPENED ~ ROAD ~ ALLOWANCE o a:: o .J &.LJ LL. Z LLJ r.l ~' II i AlTAO{EIT aJ. 3 WI)-74-c3j c[] E NFfElO CONCESSION RD. 9 I ~ ~ ....._1'1- ,~ . 71;/D This Agreement made this ATIACHMENT NO.2 day of June, 1990 BETWEEN: STEFAN URlADKA and ANNA URlADKA (hereinafter called the "Owners") OF THE FIRST PART - and - THE CORPORATION OF THE TOWN OF NEWCASTLE (hereinafter called the "Town") OF THE SECOND PART WHEREAS: A The Owners are the registered owners of the lands and premises described in Schedule II A" annexed hereto (the "Lands"); B. The Owners have requested that the Town perform year round maintenance of the laneway located on the Lands (the "Laneway") as shown on the sketch annexed hereto as Schedule "B"; C. The parties wish to enter into this agreement to provide for the terms of the maintenance of the Laneway; and D. The Council of the Town has authorized this agreement. NOW WITNESSETH that in consideration of the covenants and terms contained herein, the parties agree as follows: 1. The recitals set out above are true in fact and in substance. 2. The Owners acknowledge that the Laneway has not been dedicated to use by the public. 3. The Owners acknowledge that neither the making of this agreement nor the maintenance of the Laneway pursuant to it constitutes acceptance by the Town of a dedication to the public of the Laneway. 4. During the term of this agreement, the Town shall maintain the Laneway to the same standard as comparable lands in the vicinity for the purpose of vehicular ingress and egress including the plowing of snow as may be required but no more often than is performed by the Town on similar roadways. 5. The Owners agree to permit unimpeded access to the Town, its employees, contractors and agents for the purpose of carrying out the Town's obligations under this agreement. 6. This agreement and the obligations of the Town pursuant to this agreement shall terminate upon anyone of the following: a) the transfer of the Lands by the Owners; ~i ID - 2 - b) c) the devolution of the Lands to a party other than one of the Owners; and or upon the happening of any other event which results in the Lands no longer being owned by either of the Owners. This agreement shall be registered on the title to the Lands. 7. 8. The Owners shall defend the Town and hold the Town harmless from and against all claims, actions, losses, damages and expenses (including reasonable legal fees) incurred by the Town in connection with the loss of life, personal injury or damage to property caused during the term of this agreement, in whole or material part, by the act or omission of the Town, its agents, employees, licensees, invitees or contractors arising from any occurrence in or on the Lands from any work undertaken by the Town on the Lands pursuant to this agreement. 9. The Owners shall maintain or cause to maintain liability insurance naming the Town as insured, in the amount of at least Two Million ($2,000,000.00) Dollars. Such policy of insurance shall provide that it cannot be terminated except on at least thirty (30) days notice to the Town. The Owners shall deliver, to the Town, a certified copy of such insurance policy. 10. The obligations and covenants of the Owners pursuant to this agreement shall be joint and several. 11. Any notice, request, communication or demand under this agreement shall be in writing and shall be considered properly delivered when given or served personally or by registered mail to the Town at 40 Temperance Street, Bowmanville, Ontario Attention: Chief Administrative Officer and the Owners at R.R. #3, Bowmanville, Ontario. Such notice, request or demand shall be deemed to have been delivered on the date it is delivered if given or serviced personally or on the third day following mailing, if it is mailed. If at any time notice is delivered by mail and there is a cessation (whether anticipated or existing) of mail service affecting the delivery of such notice) the notice shall not be deemed to have been delivered until five (5) business days after the date that normal mail service is restored. IN WITNESS WHEREOF this agreement has been duly executed by the parties hereto as of the day and year first above written. Witness: STEFAN URlADKA ANNA URlADKA THE CORPORATION OF THE TOWN OF NEWCASTLE By: Mayor - Marie Hubbard And: Clerk - Patti Barrie 11/D . . - 3 - SCHEDULE "A-2" DESCRIPTION: AIL AND SINGUlAR that certain parcel or tract of land and premises situate, lying and being Parts of Lots 29 and 30, Concession 9, in the Town of Newcastle, in the Regional municipality of Durham (formerly in the Geographic Township of Darlington, in the County of Durham), now designated as Parts 3 and 4, Plan 10R-331. SA VB AND EXCEPT Part of Lot 30, Concession 9, in the Town of Newcastle, in the Regional Municipality of Durham (formerly in the Geographic Township of Darlington, in the County of Durham), now designated as Part 1, Plan 10R-2121. SUBJECf TO A RIGHT-OF-WAY over Part 2, Plan lOR-2121 including the right to enter upon Part 2, Plan 10R-2121 and maintain and repair water lines to permit supply of water. ; Iv 1/D . . . . . -4- SCHEDULE -Bw ~ CONCESSION RD. 10 LOT 31 CON. 9 LOT 30 CON. 9 w o z ~ 9 ..J <t C <t o Q:: o 0: o ..J 1IJ G: z L/J ,.1 r~::JE~;'\',;~fI$~d1~~~ C IJJ Z LLJ Cl. o Z ~ URIADKA LANE WAY r. ;I'ITO\:..::~':<;.~( I~l ( )!' sFt:( ;(?G 1 R.~ ......... --, --.......::.-.. . ..~I"t..l.'..:::l ~:-~ 1 : ~ ; l! '_ ,; , . '. ,;. ~.. ..I..:",.. n I, ~--.: -, :Jj : ';1 .: .;,:. . '-, X .....~ ,: I . ...~ 411J!~t : ,1, i ~ t . '9lAo(~[TOU,; .',0.:' " : ....~_..t~. ~ :\-..., .1'.toW",~...t.::~i:'!'''''':~I'' \10( I I \' ~ I i I i:iJ It.,..- "".~. '~: .;:~:.:t~ ~ ~'l ~::.. .)1 r. I ~., 'I I." ':" #It........... 1/.' I I I I ~ . I Y ::: rtt..t ~,:..t.i ::.~~ I i~. . SUBJEC T .r-I..., . ."'\' ,.. ..;.~;.: ... fi!'! . ..' ' Ii' SITE . ..... 4; .,. ~ {I I I .f.- .1 ;,;,'i. c ,.". ..... I I \, '~mr. !,.' I ; I ~i';~^,l' :'~~;I':' ; \ ".\ f~. ... IQ.O~'" !<l..! I : .!; ,:t '. ~ I ! 'J~ I :1 I .., ..,~ . I~ "~I" I ! i ~1 I I~! ' ':: .. ~\ ~l:; · ,. ~. I iff ~I I': i'\'.. ':."~ VIIl'i:i\'f; I' , fJ " i i wt. ,: !'!)rJ I' : ." .'('''':; A '." I : :.J'.. .. ,,: L' : I. ~. i" :" I" ; " '" l:"~." . :. ." ," t " " .. 1\ 1\0\1.0:<11 , It . · ~. I' ,I I ~ " . . . . . '. 1 .I... .;;.... ..""'~!..~ "':.l~"" 'I . .~ '.. 1.l:lm; o;'\ll.:' H, ; I ~ ' !(' : . " . U' :. . I! I ::. "~:,;,"'1! "'VII \'\ I. I ',.,:..' ", ," 1 .J: : . .', ;. :.:.. "eI .~ ~ ATT,~CHi'1E;n NO, 1 \~D-3-90 DYE & DURHAM CO, L1MITE[ Form No, 985 " ~ Province ~V~Of ~ Ontario Document General Form 4 -und Aeglstl1ltlon Aeform Act, 1984 o l.(J 0" ~ .... f to- i4~ ~;:; "ut u:: ,~ I~ (,~ .Ii ~ ,~~ w.; lEt) f t:::'i '\'li:7; .0 .i~:i~ eN . \\;;:l~l;;::; ~ l J :,', \ ,t \ " M U) tYl Q. (1) AeglltryXJ (3) Property Identifier( s) Land Titles D T (2) Page 1 of ~ pages Block Property Additional: ~ule 0 (4) Nature 01 Document 'i . 1 " ("J CO JV") c::::;) AGREEMENT (5) consideration >- -' ~ UJ ~ ~ ~ ~ Dollars $ (6) DescrIption Part of Lots 29 and 30, Concession 9, Town of Newcastle, (formerly Township of Darlington) designated as Parts 3 and 4 on Plan IOR-33I, more particularly descn'bed on Schedule WAW attached hereto in the Town of Newcastle, Regional Municipality of Durham New Property IdentifierS Additional: See 0 Schedule EXecutions Additional: See 0 Schedule (7) This Document Contains: (a) Redescription New Easement PlanlSketch o (b) Schedule for: Additional Description 0 Parties 0 Other ~ (I) ,",,-Document provides as follows: ,./ Continued on Schedule 0 ((I) This Document relates to Instrument number(s) (10) Party(Ies) (Set out Status or Interest) Name(s) Date of Signature Y M 0 :. ~~Q~9~TI9~.Q'.~.WWN......... ..... ..~.~ .?~...... ............ .l997..1 ~.<..h~ OF NEWCASTLE (Applicant) Nicholas T. Macos i ! I . by. it solicitors, .SHlJU -~.Y.,. . . . . . . . . . . . . . . . . . . .. ..................................!.....!... j. . . RIGHTON per Nicholas T. Macos ! ~ i .' .. .. . .. .. .. .. .." .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .... .................................................................. i .. .. .. .. .. : .. .. .. i. .. .. ! !! ii' Signature(s) (11) Address for ServIce 40 Temperance Street, Bowmanville, Ontario LtC 3A6 (12) . P8rty(1es) (Set out Status or Interest) Name(s) .0~lBbKB .}5rEffJN.................... . ()~1f1 b KA j AN N ii. ~ . . . . . . . . . . . . . . . . . . . . Slgnature(s) Date of Signature Y M 0 .. ........... ..1o.101o . 1o1o .1o..101o . 1o1o . . . . 1o" 1o1o . . . . . . . . . . . . . , . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . r . . . . . : . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . ~ . . . . . ! ! . . . . . . . . . . . . . . . . . . . . . . . . . 1o. . . . . .. . . . r . . . . . i (13) Address for ServIce (101) Munlc:lpal Add.... of Property Not assigned ...... III Fees and Tax ~ ~ Registration Fee UJ en ::> w o u: u.. o a: o ~ , I (15) Document Prepared by: Shibley, Righton Barristers & Solicitors Suite 1800 401 Bay Street Toronto, Ontario MSH 2Z1 Attn: Nicholas T. Macos Total 10174 (12184) , ;l1 S- This Agreement made this ",r day of June, 1990 BETWEEN: newcastle \uriadka.agt STEFAN URIADKA and ANNA URlADKA (hereinafter called the "Owners") OF TIlE FIRST PART - and - THE CORPORATION OF THE TOWN OF NEWCASTLE (hereinafter called the "Town") OF mE SECOND PART WHEREAS: A. The Owners are the registered owners of the lands and premises described in Schedule "A" annexed hereto (the "Lands"); B. The Owners have requested that the Town perform year round maintenance of the laneway located on the Lands (the "Laneway") as shown on the sketch annexed hereto as Schedule liB"; C. The parties wish to enter into this agreement to provide for the terms of the maintenance of the Laneway; and D. The Council of the Town has authorized this agreement. NOW WITNESSETH that in consideration of the covenants and terms contained herein, the parties agree as follows: 1. The recitals set out above are true in fact and in substance. 2. The Owners acknowledge that the Laneway has not been dedicated to use by the public. 3. The Owners acknowledge that neither the making of this agreement nor the maintenance of the Laneway pursuant to it constitutes acceptance by the Town of a dedication to the public of the Laneway. 4. During the term of this agreement, the Town shall maintain the Laneway to the same standard as comparable lands in the vicinity for the purpose of vehicular ingress and egress including the plowing of snow as may be required but no more often than is performed by the Town on similar roadways. 5. The Owners agree to permit unimpeded access to the Town, its employees, contractors and agents for the purpose of carrying out the Town's obligations under this agreement. 6. This agreement and the obligations of the Town pursuant to this agreement shall terminate upon anyone of the following: a) the transfer of the Lands by the Owners; 11:. , j)vt' ~~ '. . 7;1:> . '. - 2 - b) c) the devolution of the Lands to a party other than one of the Owners; and or upon the happening of any other event which results in the Lands no longer being owned by either of the Owners. ' This agreement shall be registered on the title to the Lands. 7. 8. The Owners shall defend the Town and hold the Town harmless from and against all claims, actions, losses, damages and expenses (including reasonable legal fees) incurred by the Town in connection with the loss of life, personal injury or damage to property caused during the term of this agreement, in whole or material part, by the act or omission of the Town, its agents, employees, licensees, invitees or contractors arising from any occurrence in or on the Lands from any work undertaken by the Town on the Lands pursuant to this agreement. 9. The Owners shall maintain or cause to maintain liability insurance naming the Town as insured, in the amount of at least Two Million ($2,000,000.00) Dollars. Such policy of insurance shall provide that it cannot be terminated except on at least thirty (30) days notice to the Town. The Owners shall deliver, to the Town, a certified copy of such insurance policy. 10. The obligations and covenants of the Owners pursuant to this agreement shall be joint and several. 11. Any notice, request, communication or demand under this agreement shall be in writing and shall be considered properly delivered when given or served personally or by registered mail to the Town at 40 Temperance Street, Bowmanville, Ontario Attention: Chief Administrative Officer and the Owners at R.R. #3, Bowmanville, Ontario. Such notice, request or demand shall be deemed to have been delivered on the date it is delivered if given or serviced personally or on the third day following mailing, if it is mailed. If at any time notice is delivered by mail and there is a cessation (whether anticipated or existing) of mail service affecting the delivery of such notice) the notice shall not be deemed to have been delivered until five (5) business days after the date that normal mail service is restored. IN WITNESS WHEREOF this agreement has been duly executed by the parties hereto as of the day and year first above written. - i:. I~~~Q ~~ &L~.L~ s %~ ~d~~~ ANNA URlADKA THE CORPORATION OF THE TOWN OF CASTLE And: . . . . . . . ~ \ \ ! i f " ~i~ . - 3 - SCHEDULE .A. DESCRIPTION: AlL AND SINGUlAR that certain parcel or tract of land and premises situate, lying and being Parts of Lots 29 and 30, Concession 9, in the Town of Newcastle, in the Regional municipality of Durham (formerly in the Geographic Township of Darlington, in the County of Durham), now designated as Parts 3 and 4, Plan 10R-331. SA VB AND EXCEPT Part of Lot 30, Concession 9, in the Town of Newcastle, in the Regional Municipality of Durham (formerly in the Geographic Township of Darlington, in the County of Durham), now designated as Part 1, Plan 10R-2121. SUBJEcr TO A RIGHT-OF-WAY over Part 2, Plan 10R-2121 including the right to enter upon Part 2, Plan 10R-2121 and maintain and repair water lines to permit supply of water. ., .' .1 , ,~, , JI. " \ . . '" - ;J1~' .. set:( ;0(; ~~ " -S2~.t ..~ - -If . ...-.......~~._....~7....... I X :.;:!.{tqil ~;j I ,. ''\;' ... '. .1 :';'::'F'; ;', J ;':~.; , -4- SCHEDULE "Bw ; CONCESSION RD. 10 w U LOT 31 LOT 30 Z ~ CON. 9 CON. 9 0 ...J ...J 0 <l 0: 0 <l -:-.- 0 0 0: ...J lLJ Li: 0 z w 1 LiJ :z w a. I 0 :z ::> URIADKA LANE WAY A TT.l\CH!'lciH NO.1 ~~D- 3- 30 "