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HomeMy WebLinkAbout91-153 .., .4 . THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 91-153 being a by-law to amend By-law 90-118, a by-law for the provision of year round maintenance on certain privately owned laneways within the Town of Newcastle WHEREAS 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; and WHEREAS the MuniciDal 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. THAT paragraph 1 of By-law 90-118 is hereby amended as follows: "The Corporation of the Town of Newcastle enter into an agreement with Thomas Henry Grace in the form annexed as Attachment No. 1 in order to grant to him the benefit of year round maintenance of the private laneway located on his lands." By-law read a first and second time this 30th day of September 1991 By-law read a third time and finally passed this 30th day of September 1991 ->-- , ," This Agreement made this BETWEEN: day of September, 1991. THOMAS HENRY GRACE (hereinafter called the "Owner") OF TIm FIR&T PART - and - THE CORPORATION OF THE TOWN OF NEWCASTLE (hereinafter called the "Town") OF TIm SECOND PART WHEREAS: A. The registered owners of the lands and premises described in Schedule "A" annexed hereto (the "Lands") are Annie Ida Henrietta 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 Henrietta Grace; C. Notarial Letters Probate in the Estate of Annie Ida Henrietta Grace were registered in the Land Registry Office for the Registry Division of Newcastle (No. 10) on the day of , 1991, as Instrument No. ' 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 "B"; 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 WITNESSE1H 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 ~an is performed by the Town on similar roadways. ,... - 2- ."/ 5. Tbe 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. Tbe Owner 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 --peliey 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 Admini~trative 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. H 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: P JJ I:J ~-mL. ~~y~~~ A--C(/<t~ ~ ~. .. ' . . -3- SCHEDULE WAW DESCRIPTION: AIL 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: FJR&TI,.Y:, 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; SECOND~Y: 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; nmNCE south 74 degrees west ten chains more or less to the centre of said lot; nIBNCE south 16 degrees east sixteen chains; nIBNCE north 74 degrees east ten chains more or less to the eastern limit of said lot; TImNCE north 16 degrees west sixteen chains more or less to the place of beginning, together with the appurtenances thereto belonging or appertaining. . ... " ,~ 'I. _..... . . P. -, --- -4- SCHEDULE '8' (' L~+ 31, t '!J ., . CONCESSION ROJ 10 . .... ..-...- ...-.--. .... . ...... '._- .--- It ,t I' " II II ~ GRACE '\ /LANEWAY ~ ,\ \\ II 1\ II II '. " '. II II II ~ " ,1 II ., II~ II . o UNOPENED ~ ROAD ~ ALLOWANCE . cQ ENFIELD . CONCESSION RD. 9 .~_...-===-.~ . ',I ~ i' ."/ . . ci a: o ..J U.J u.. Z U.J 6} ATIAQ{ElT rD. 3 WD-74-c3j , . . . . .....-" ,_.,~ . . '.. ..'1.. . . : " Form No, 986 . . J..~ Province ~....~ of ~ Ontario Document General Form 4 - Land Regl8tl'8t1on Reform Act, 1984 o " . '" (1) Reg18tryXJ (3) Property ldentlfler(s) Land Titles 0 T (2) Page 1 of b pages Block Property Additional: See 0 Schedule (4) Nature of Document I M '-0 an 0--.. M ! ~ 1 Si":- ~ -- ~ a. ~ N t,:lI \' :?;,: CO 1" """'" w I~ ..D .. ' ;;;,:,:" ~ ,.." 0 N H~ w l::) I ~;~ co ,~ I' (.) on:: w.J ~ ~ ....... Ii Jf; c-...I t ..~l s: l ... 10: ".-,. \ ~ : .~ MUNICIPAL BY.LAW (Section 18 of the Re2istrv Act) (5) consldel'8tlon Dollars $ (6) DescrIption New Property Identifiers Additional: See 0 Schedule Firstly: All of Lot Number 33, Ninth Concession, Town of Newcastle (formerly Township of Darlington), save and except the south one hundred acres of said Lot; and Secondly: The northeast sixteen (16) acres of Lot Number 34 Ninth Concession, Town of Newcastle, more particularly described in Schedule "A" attached both in the Town of Newcastle, Regional Municipality of Durham (7) This (a) Redescription (b) Schedule for: Document New Easement Additional Contalns: PlanlSketch 0 Description 0 Parties 0 Other 0 I EacuUons Additional: See 0 Schedule fa) ThIs Oocumentprovldes .. follows: See By-law attached Continued on Schedule o ) ( (9),"I'hIs Document reIII.. to Instrument number(s) {10) Pelty(les) (Set out Status or Interest) Name(s) Date of Signature Y M 0 ...~ ~Q~MTI9N.QJi'.~.T9WN......... .,. ~ t. ?~..........:........... ~99~.. !7':,:I.~'1 OF NEWCASTLE (Applicant) Nicholas T. Macos ! : i . .by. it solicitors, .SHIBI BY,. . . . . . . . . . . . . . . . . . . " .................................. 1 . . . .. ., .1. . . RIGHTON per Nicholas T. Macos 1 I I I .. .- .... .. It.. .... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .... .............................................0...0.... t .. . . .. .' Oi' . . I I I . : I , : Signature(s) (11) Addreu for SerYice 40 Temperance Street, Bowmanville, Ontario LIC 3A6 (12) Pelty(les) (Set out Status or Interest) Name(s) Signature(s) Date of Signature Y M 0 ..0.00. . 0 00.0. . . . 0 . . . . . . . . . . . 0 . . 0 . . . . . . . . . 0 0 . . I . , , I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . r . . . . . . . . . 0 . . . 0 . 0 . . . . . . . . . . . . . . . . . . . . 0 . . ~ . ... . . ! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . r . . . . . . . . ..0. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . .. .... . .. . . . 0 . . . . . . . . . . . . . .. . . .. . . .. . . . . . . . . . . . . . . . (13) Address tor ServIce (14) Municipal Add,... of property Not assigned (15) Document Prepared by: Shibley, Righton Barristers & Solicitors Suite 1800 ~01 Bay Street foronto, Ontario MSH 2Z1 r\ttn: Nicholas T. Macos III ~ Z Registration Fee o w en ;:) w Q i! u. o cc o ~ Fees and Tax Total 10174 (12/84) , ~rJ Jf \ CERnFfED . , . / / .--- /! -: . TIlE CORPORA'l'I:_: ~l~:: OF NEWCASTLE .~'IL" ARRI~ being a by-law to amend By-law 90-118, a bY~W Tow Clerk for the provision of year round maintenance on certain privately owned laneways within the Town of Newcastle WHEREAS 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; and WHEREAS the Municioal 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 othe~'"Wise 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. THAT Paragraph 10f By-law 90-118 is hereby amended as follows: "The Corporation of the Town of Newcastle enter into an agreement with Thomas Henry Grace in the form annexed as Attachment No. 1 in order to grant to him the benefit of year round maintenance of the private laneway located on his lands." By-law read a first and second time this 30th day of September 1991 By-law read a third time and finally passed this 30th day of September 1991 HAYOR / iJ1u ATIACHMENT NO.1 This Agreement made this 30th day of September, 1991. BETWEEN: THOMAS HENRY GRACE (hereinafter called the "Owner") OF TIlE FIRST PART - and - TIlE CORPORATION OF TIlE TOWN OF NEWCASTLE (hereinafter called the 'Town") OF TIlE SECOND PART WHEREAS: A The registered owners of the lands and premises described in Schedule "A" annexed hereto (the "Lands") are Annie Ida Henrietta 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 Henrietta Grace; C. Notarial Letters Probate in the Estate of Annie Ida Henrietta 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 "B"; 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 WITNESSElH 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. ~1& - 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 ($2,000,000.00) Dollars. Such policy of insurance shall provide that it cannot be terminated except on at least thirty (30) days notice to the Town. The 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 tbe 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 ~. .. !i14 - 3 - SCHEDULE "A" 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; TIlENCE 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. filJ7~L . 'THE DESCmPTION Of TH'i? LAND iN'THiS INSTRUMENT 'DOlS NOT COMPLY WITH THE REGULATIONS UNDER THE EGISTRY ACT. A REFERENCE PLAN WilL BE E UfREO T ESCRIBE THIS LAND IN SUBS 10 .. . , . , P. - -4- SCHEDULE "B. (0 C -0+ '3 z.. t ., ) \I ,. \I It " II ., GRACE ""\ /LANEWAY ~ \\ " II II " " 'I " " " 'I " " " " II I, 1/ I, q~ . CJ UNOPENED ~ ROAD ~ ALLOWANCE c{J CONCESSION RD. 9 CONCESSION__~O~ 10 . .-'-:.:':--:;::'=--- .---.- o a: o ..J us u. Z us r.) "-.J ENFIELD . . . ~ ~1~' . ........~.. I ~ : : II i ATTAOt Eiff ~(). 3 WD-74-&) ,.'"._ "1- ,..... . n i-~ DYE & DURHAM CO. LIMITEr Form No, 885 I-~ Province ~V~Of -s?"" Ontario Document General Form 4 - Lend Reglllrallon Reform Act, 1984 D (1) Reglltry XJ (3) Property ldentiftet'(a) Lend Tilles 0 (2) Page 1 of -s: pages BloCk Property Additional: See Schedule -=:::;:J- '" ~ ~ J;'[ I~ ~ \:"' ~ .., '\.1 ~:~ o ~ I" )J ~ \,t " I (4) Naill,. of Document - Dollars $ - ! i '"" CO IV") C) Additional: ~O Firstly: All of Lot Number 33, Ninth Concession, Town of Newcastle (formerly Township of Darlington), save and except the south one hundred acres of said Lot; and Secondly: The northeast sixteen (16) acres of Lot Number 34 Ninth Concession, Town of Newcastle, more particularly described in Schedule "A" attached both in the Town of Newcastle, Regional Municipality of Durham (7) ThIs (a) RedesCription Document New Easement ContaIna: PlanlSketch (b) Schedule for: Additional Description 0 Parties o Other 0 .J New property 1dent1fier8 Additional: See 0 Schedule o (8) ". Document provides .. followS: Continued on Schedule 0 ) Petty(1ea) (Setout Status or Interest) Name(s) Date of Signature Y MD ..1'Wt(;OlWOM'llQN.OJ: THE.TOWN......... .... .1z. ./.7.~......... .11992. ~~I.~r OF NEWCASTLE (Applicant) Nicholas T. Macos ! I . ,J..u it solicitors,. SHIB. 1..E:v,: . . . . . . . . . . . . . . . . . . . .. .................................. I . . . .. ...!... 1'7 . , I ' RIQHTONper Nicholas T.Macos i i . ,. '. '. . . . . . . . ..iI '. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .. ................................... t . . . .. ... I. . .. I I 1 I : . Signature(s) (1'1) AdcIrea for $ervIce 40.11 rance Stree Bowmanville Ontario L1C 3A6 112) Perty(1ea) (Set out Status or Interest) Name(s) Signature(s) Date of Signature Y M 0 .'. '... . IO.. . .. . . . ... .. ,. . OOoo .. . .. . .. . .. . . ... . .oo . .oo . . . I . . . .. . . .. . . . . . . . . .. . . . . .. . . . . . . . . ... . oo. .. .. r . . .. .. . I , : I . ..... .. .oo........ ... ..... . .. ..... ...... . ......oo.. .... I I I I : , .. . . .. . . .. . .. . . . . . . .. . . . . . . . . . .. . .. . . . . . . r . . . . . I I I .... .. OO. ... . .. . oo.. . ..... .. ... .." . oo..oo .. ..oo . ." . . . . .. .. . .... . ..... ..... .. .. . ..OO . oo... . .. . .... .. . . .. . oooo . . ..oo .. .. . . . . . .. .. (1 ........ for ServIce (14) Munlcipel Addre8lII of Property Not assigned (15) Document P,.pared by: Shibley, Righton arristers & Solicitors Suite 1800 01 Bay Street oronto, Ontario MSH 2Z1 ttn: Nicholas T. Macos ~ Z Registration Fee o w C/) :;) w o u: u.. o a: ~ Fees and Tax Total .:l10174 (12184). 5f;ff ~oL /9/ \ >( J1~ This Agreement made this 30th day of September, 1991. BETWEEN: THOMAS HENRY GRACE (hereinafter called the flOwnerfl) OF THE FIRST PART - and - THE CORPORATION OF THE TOWN OF NEWCASTLE (hereinafter called the flTown") OF THE SECOND PART WHEREAS: A The registered owners of the lands and premises described in Schedule "AfI annexed hereto (the "Landsfl) are Annie Ida Henrietta 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 Henrietta Grace; C. Notarial Letters Probate in the Estate of Annie Ida Henrietta 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. D373083; D. The Owner has requested that the Town perform year round maintenance of the laneway located on the Lands (the IfLaneway") as shown on the sketch annexed hereto as Schedule fiB"; 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 WI'INESSETH 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. ;i1) - 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 ($2,000,000.00) Dollars. Such policy of insurance shall provide that it cannot be terminated except on at least thirty (30) days notice to the Town. The 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. H 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: at /J~. x y~ {./-::C!'~/ ~<<~ THOMAS HENRY GRAC THE CORPORATION OF THE TOWN OF CASTLE And: '. '1v{i ". ~ \I ... , . . . \... . ...:" ~. . . . -3- SCHEDULE wAw 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 an21e of said Lot Number 34; 5lK H(jtJ~ ~ 5/XlY F6e\ THENCE south 74 degrees west taB ,hi :~IS more or less to the centre of said lot; THENCE south 16 degrees east SiHtUR .1laiBs; tJ I f-\6 t\lJiJ\JR& ~ ~INE-1Y Ff-t'l SK /fU}Jf::jl3:> f1 NO SIX 1 Y P Gb-r THENCE north 74 degrees east tH eBems more or less to the eastern limit of said lot; Nlh.'f; ttUNbB.et> ftN/;:) Ni~ ~6C'-"7". THENCE north 16 degrees west BReeB gRr.ft~ more or less to the place of bevnning, together with the appurtenances thereto belonging or appertaining. I ... R"IlI'~." THE DESCRlPTlON OF THE LAND IN THIS INSTRUMENT DotS NOT COMPLY WITH THE REGULATIONS UNDER THE REGISTRY ACT. A REFERENCE PLAN WilL BE REQUIRED T DESCRIBE THIS LAND IN SUBSE U T REGI 110 S. J { ( . " .'. #:~ .. :, l.. . . ... l .." . .... ~ ~1~ . " -4- SCHEI)ULE "8. /. [-0+ 3 z.. t 3 ) . ."", .:!... P. CONCESSION__~O~ 10 . ;":'.;0:-:- _:-:.=-.. ......-...:..-_._ ..,., \ " II I II II " 1\ II 1\ GRACE t,\ /LANEWAY ~ \\ \\ 1/ II II tI 'I " fl II " II ~ " ,I fl II II u" . I ~ .. J II ;' I o . . . UNOPENED ~ ROAD ~ ALLOWANCE o Q: O. ..J LLI u.. Z LLI r.> '--' I I i ArrAot Eff :D, 3 WD-74-c33 ~ ENFIELD CONCESSION RD. 9\ . I . . .1 . ~ ....._', .-........ .