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THE C~RPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 84- 130
being a By-law to authorize the entering into of a Subdivision
Agreement with the Corporation of the Town of Newcastle and Walter
Schleiss and Raymond D. Holland.
The Council of the Corporation of the Town of Newcastle hereby enacts
as follows:
1. THAT the Mayor and Clerk are hereby authorized to execute on
behalf of the Corporation of the Town of Newcastle, and seal with the
Corporation's seal, a Subdivision Agreement between Walter Schleiss
and Raymond D. Holland and the said Corporation dated this day of
,1984, in the form attached hereto as Schedule "X".
2. THAT Schedule "X" attached hereto forms part of this
by-law.
BY-LAW read a first time this 13th
BY-LAW read a second time this 13th
day of November
day of November
1984
1984
BY-LAW read a third time and finally passed this
13th
day of
November
1984
4e~~
ill~L00,O~
o. W. OAKES, CLERK
File No ._mit?_~.~.;,..J.1J.:-..u....-.....
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..
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SCHEDULE "X" TO BY-LAW 84-130
AMENDING AGREEMENT MADE (in quintuplicate) this
1984
day of
BET WEE N:
THE CORPORATION OF THE TOWN OF NEWCASTLE,
hereinafter called the "TOWN" OF THE FIRST PART
- and -
WALTER SCHLEISS AND RAYMOND D. HOLLAND hereinafter
call ed the "OWNER" OF THE SECOND PART
WITNESSETH THAT:
WHEREAS the lands affected by this Agreement Which are described in
Schedule "A" hereto, are hereinafter called the "Lands";
AND WHEREAS the Owner warrants that it is the registered Owner of the
said lands;
AND WHEREAS the Town has passed By-law 84-105, and the Owners and the
Town have duly executed a Subdivision Agreement pursuant to said
by-law on August 3, 1984, which agreement is registered in the
Registry Office, for the Land Registry Division of Newcastle (No. 10)
as Instrument Number 1679;
AND WHEREAS the Council of the Town of Newcastle has resolved to
approve an amendment to the aforesaid agreement;
AND WHEREAS the parties hereto agree to amend the said Subdivision
Agreement;
NOW THEREFORE, in consideration of the mutual agreements and
covenants and promises contained herein, the parties hereto agree as
fo 11 ows :
1. Paragraph 4.8 of the Subdivision Agreement between the Town
of Newcastle and Walter Schleiss and Raymond D. Holland registered in
the Registry Office for the Land Registry Division of Newcastle (No.
10) as Instrument Number 1679 is hereby amended by adding thereto
after Subsection 4.8(5), Section 4.8(6):
II (6) Notwithstandi ng the provi s ions of sub-paragraph (5) of thi s
Clause the Owner shall be entitled to a temporary Occupancy
Permit in the event that the Owner has not been able to comply
with the requirements of sub-paragraph (5) by reason of
seasonal, weather or other conditions beyond the control of
the Owner. II
IN WITNESS WHEREOF the parties hereto have hereunto set their hands
and seals and/or corporate seals by the hands of their proper
officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED
In the Presence of:
) ~N OF THE TOWN OF NEWCASTLE
1 ~~,,~
~ 'MAYOR ~ !/7
) / -. .M~o
) CLERK I '-'
)
)
)
) WALTER SCHLEISS
)
)
) RAYMOND D. HOLLAND
,
THIS SCHEDULE IS SCHEDULE "A" to an Amending Agreement which has been authori zed
and approved by By-law No. <tC(-f3'O of the Corporation of the Town of Newcastle,
enacted and passed the 13# day of .rJ~ 1984.
LEGAL DESCRIPTION OF SAID LANDS
All and singular that certain parcel or tract of land in premises situate
lying and being in the Town of Newcastle, in the Regional Municipality of
Durham, formerly in the Township of Darlington, in the County of Durham and
being composed of that Part of Lot 34, in Concession 3 of the geographic
Township of Darlington designated as Part 1 on a Plan of Reference deposited in
the Land Registry Office for the Land Registry Division of Newcastle (No. 10) as
Number 10R-445.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
and/or corporate seals by the hands of their proper officers duly authorized in
that behal f.
SIGNED, SEALED AND DELIVERED
In the presence of:
) THE CORPORATION OF THE TOWN OF NEWCASTLE
)
)
)
)
)
)
)
)
)
)
l
)
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WALTER SCHLEISS
RAYMOND D. HOLLAND