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Home My WebLink About84-56 , ., THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 84-56 being a by-law to authorize the entering into of an agreement with the Town of Newcastle and Claret Investments Limited. Rexgate Holdings Limited. Glenn Homer Reynolds. Frances Marion Stacey and Gladys Louise Windlad THE COUNCIL OF THE tORPORATION 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 Corporationls seal, an agreement between Claret Investments Limited, Rexgate Holdings Limited, Glenn Homer Reynolds, Frances Marion Stacey and Gladys Louise Windlad, and the said Corporation, dated the J..S th 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 and second time this 24th day of April 1984. By-law read a third time and finally passed this 24th day of April 1984. ~ .~ ayor J~.~ erk I Fi:e NO.u_~.._~._~___.J .. o. ~\t. J!~ , .. , .. ., .. LAND TITLES ACT APPLICATION TO REGISTER NOTICE OF AN UNREGISTERED ESTATE, RIGHT, INTEREST OR EQUITY (Section 74 of the Act) To. The Land Registrar for the Land Titles Division of Newcastle Number 10 We, the Cornoration of the Town of Newcastle, have an unregistered estate, right, interest or equity inl 1. The land registered in the names of Claret Investments Limited and Rexgate Holdings Limited in respect of land registered as Parcel 31-1 in the Register for Section Con.-3 Newcastle (Darlington) And hereby apply under section 74 of the Land Titles Act for the entry of a Notice of Agreement in the register for the said parcel. Dated /J'Nlf Iii. ,19 iy ~.~ , Applicant. David W. Oakes, Town Clerk The address of the applicant for service iSI 40 Temperance Street, Bowmanville, Ontario L1C 3A6 ht"W N~n_J~u~~~nuu I 'I i LAND TITLES ACT AFFIDAVIT IN SUPPORT OF APPLICATION FOR ENTRY OF NOTICE (Section 74 of the Act) I, David W. Oakes, Town Clerk, make oath and say as follows. I am the Town Clerk for the Corporation of the Town of Newcastle, the ap'plicant named in the attached application for entry of a Notice of Agreement under section 74 of the Land Titles Act. The particulars of the interest of the Corporation of the Town of Newcastle in the land are as follows. Subdivision Agreement between the Cornoration of the Town of Newc~stle and Claret Investments Limited and Rexgate Holdings Limited dated April 25, 1984. Sworn before me at the Town of Newcastle in the Regional Municinality of Durham Davk~ This (~ day of May 1984 taking affidavits, etc. '" .. lkkd)"Ak.~\l~~' .... . \ " '. THIS AGREEMENT made in quintup1 icate this~S"~day of ~ 19 f~. BET WEE N: THE CORPORATION OF THE TOWN OF NEWCASTLE, Hereinafter called the "TOWN" OF THE FIRST PART, - and - CLARET INVESTMENTS LIMITED and REXGATE HOLDINGS LIMITED Hereinafter called the "OWNER" OF THE SECOND PART - and - I , GLENN HOMER REYNOLDS, FRANCES MARION STACEY and GLADYS LOUISE WINDLAD Hereinafter called the "MORTGAGEE" OF THE THIRD PART WITNESSETH THAT: WHEREAS the lands affected by this Agreement, which are described in Schedule "A" hereto, are hereinafter called the "Lands" and constitute 18.12 hectares; AND WHEREAS the Owner warrants that it is the registered owner of the Lands; AND WHEREAS the Owner warrants that the Mortgagee is the only mortgagee of the Lands; AND WHEREAS the Owner warrants that it has applied to the Ontario Municipal Board, hereinafter called the Board for approval of a plan of subdivision of the Land s ; AND WHEREAS to comply with the Board's conditions for such approval, the Owner has consented to enter into this Agreement with the Town; AND WHEREAS the Owner warrants that it has entered, or will enter into an Agreement with the Regional Municipality of Durham, hereinafter called the "Region" to satisfy the requirements of the Regional Municipality of Durham, financial and otherwise including the construction, installation and maintenance of certain public works for the Region; AND WHEREAS the Owner warrants that it has or will enter into an agreement with the appropriate Public Utilities Commission or other authority or company having jurisdiction in the area of the said Lands for the design and installation of the utilities referred to in Schedule "H" and hereinafter called "Utilities"; NOW THEREFORE in consideration of the mutual agreements and covenants and provisoes herein contained, and other good and valuable consideration, the parties hereto agree as follows: ~'W!'O.m11_~?l..J ~ () . 4-6. {t"O .~ T ) 1. ~ " - 2 - 1. DEFINITIONS In this Agreement: 1.1 "Council" shall mean the Council of the Corporation of the Town of Newcastle; 1.2 "Director" shall mean the Director of Public Works of the Town of Newcastle or his designated representative as may be appointed by Council to act in his place; 1.3 "Treasurer" shall mean the Treasurer of the Corporation of the Town of Newcastle; 1.4 "Director of Community Services" shall mean the Director of Community Services of the Corporation of the Town of Newcastle; 1.5 "Director of Planning" shall mean the Director of Planning of the Corporation of the Town of Newcastle; 1.6 "Solicitor" shall mean the Solicitor of the Corporation of the Town of Newcast le; 1.7 "Owner" shall include an individual, an association, a partnership or a corporation and wherever the singular is used herein, it shall be construed as including the plural. 1.8 "Commissioner" shall mean the Commissioner of Planning for the Regional Municipality of Durham. 1.9 "Board" shall mean the Ontario Municipal Board. " , . ~ , - 3 - 2. GENERAL 2.1 CERTIFICATION OF OWNERSHIP (1) The Owner shall, at the time of the execution of this Agreement. provide the Town with a letter signed by an Ontario Solicitor and addressed to the Town certifying as to the title of the said Lands and setting out the names of all persons having an interest in the said Lands and the nature of their interest. (2) The Owner shall, at the time of the execution of this Agreement, provide the Town with a letter signed by an Ontario Solicitor and addressed to the Town certifying as to the title to any land excluding the said Lands, which is to be conveyed to the Town or over which easements are to be granted to the Town pursuant to the terms of this Agreement. 2.2 COpy OF PLAN AND AGREEMENTS REQUIRED Subject to paragraph 2.10(3) hereof, the Owner shall, at the time of the execution of this Agreement, provide the Town with as many copies as the Town requires of the plan of subdivision for the said Lands, which plan shall be the plan prepared for approval by the Board. The said plan is attached hereto as Schedules "B-1" and "B_2" and are collectively hereinafter called the "Plan". The Owner shall also furnish to the Town at the time of the execution of this Agreement, one copy of the said Plan containing the stamp of approval of the Region, and a copy of the subdivision agreement entered into between the Owner and the Region with respect to the said Plan if such approval and/or Agreement is in existence at the time of the execution of this Agreement. If the approval or agreement with the Region is not available at the time of the execution of this Agreement. the Owner agrees to provide the Town with the Plan with the stamp of approval of the Region and a copy of the Subdivision Agreement entered into with the Region, immediately after approval is granted or the agreement signed. The Owner shall also furnish to the Town at the time of the execution of this Agreement one copy of each of the agreements entered into with the Public Utilities Commission or other authority or company having jurisdiction in the area of the said Lands for the design and installation of the utilities, or, if such agreement or agreements are not in existence at the time of the execution of this Agreement, the Owner agrees to provide the Town with a copy of each such agreement immediately after such agreement is signed. 2.3 DEDICATION OF EASEMENTS (1) The Owner shall, at the time of the execution of this Agreement, or such later date as may be agreed by the Owner and the Town, but not later than the registration of the Plan, deliver to the Town executed transfers of easements free and clear of all encumbrances as set out in Schedule liE" hereto. (2) If, subsequent to the registration of the Plan, but prior to the issuance of a building permit in respect of a lot or block, further easements are required for utilities or drainage, or other purposes, in respect of any lot or block within the Lands, the Owner agrees to transfer to the Town such further easements upon request. The Town shall not unreasonably request such further easements, and in no event shall a further easement be requested which would prevent the erection of a dwelling on any such lot or block. 2.4 DEDICATION OF LANDS The Owner shall, at the time of the execution of this Agreement, or such later date as may be agreed by the Owner and the Town, but not later than the registration of the Plan, deliver to the Town executed deeds of conveyance, sufficient to vest in the Town, or where applicable, in any other public authority or person, absolute title in fee simple. free and clear of all liens, charges, encumbrances and easements, the 1 ands set out in Schedule "F" hereto. Such conveyance shall include the dedication by the Owner to the Town of the lands required by the terms of The Planning Act, R.S.O., 1980, as amended, from time to time to be dedicated for public purposes, other than for highways, unless the Town has agreed to accept cash in lieu of such lands, as provided herein. - { , , 1 - 4 - 2.5 REGISTRATION OF DEEDS AND GRANTS OF EASEMENTS The aforementioned deeds and grants of easements shall be prepared by the Owner and registered at the Owner's expense at the same time as the Plan is registered. In such deeds and grants of easements the registered number of the Plan shall be left blank and the Owner hereby authorizes the Town to insert such Plan number after registration of the Plan. 2.6 LANDS FOR SCHOOL PURPOSES AND SECONDARY OPTION N/A 2.7 INTEREST IN SAID LANDS The Owner hereby charges all its interest in the said Lands with the obligations set out in this Agreement. 2.8 NOTIFICATION OF OWNER If any notice is required to be given by the Town to the Owner in respect of this Agreement, such notice shall be mailed or delivered to: Court ice Heights Developments. c/o Mr. S. Freedman 5001 Dufferin Street THORNHILL, Ontario, L4J 2K2 or such address as the Owner has notified the Town, in writing, and any such notice mailed or delivered shall be deemed good and sufficient notice under the terms of this Agreement. 2.9 REGISTRATION OF AGREEMENT The Owner and Mortgagee hereby consent to the registration of this Agreement by the Town and covenant and agree not to register or permit the registration of any document after registration of the Plan of Subdivision on any land included in the said Plan unless this subdivision Agreement, and any deeds, easements or other documents required to be furnished thereunder, have first been registered against the title to the land included in the Plan. 2.10 RENEGOTIATION AND AMENDMENT OF AGREEMENT (1) The Owner agrees that the Town may at its option in the circumstances set out below on thirty (30) days written notice to the Owner, declare this Agreement to be subject to renegotiation, whereupon the Owner agrees not to undertake any construction or installation of any of the Works until this Agreement has been renegotiated. This Agreement may be subject to renegotiation if: (i) the Board approves a Plan of Subdivision for the said lands which is substantially different from the Plan attached hereto as Schedules "B-1" and "B-2"; or I , I - 5 - (ii) the Plan of Subdivision is not finally approved by the Minister and registered within thirty-six (36) months of the date of the execution of this Agreement; or (iii) the agreement between the Owner and the Region has been executed or is subsequently amended, and the provisions of such agreement affect materially the location or sizing of any of the Works to be supplied and installed under the terms of this Agreement; or (iv) no construction or installation of any of the Works has commenced within two (2) years from the date of registration of the plan, and failing agreement, this Agreement shall be null and void. (2) The parties may from time to time by mutual agreement amend the terms of this Agreement and any of the Schedules but an amendment shall only be effective if in writing and executed under the seals and hands of the proper officers of each party. (3) The parties hereto acknowledge that at the time of the execution of this Agreement, only a draft copy of the plan of subdivision is in existence and all descriptions in this Agreement and the Schedules annexed hereto refer to the descriptions in the draft plan annexed hereto as Schedules IB_1" and IB_2". Upon the final plan of subdivision being approved by the Ontario Municipal Board the final plan shall be substituted for the draft plan annexed as Schedules "B-l" and "B_2" and all amendments necessary or requi site shall be made to conform with the descriptions used in this Agreement and the Schedules (and without l1miti ng the general ity of the foregoi ng, in part icu1 ar Schedu1 es "B_1, IIB_2", "E", "F", "G", "N", "0", "P", and "Q") with the final plan of subdivision. 2.11 TOWN TO ACT PROMPTLY Wherever the Town, or the Solicitor, or the Treasurer for the Town, or the Director, is required to take action pursuant to this Agreement, or is required to make a decision or render an opinion, or give confirmation or give authorization, permission or approval, then such action, decision, confirmation, authorization, permission or approval shall be made promptly and in all respects the Town and its officers, servants or agents shall act reasonably. 2.12 ASSIGNMENT OF AGREEMENT The Owner shall not assign this Agreement without prior written consent of the Town and no such assignment shall relieve the subsequent owner of any of his obligations under this Agreement. 2.13 SCHEDULES TO AGREEMENT The fOllowing schedules which are identified by the signatures of the parties to this Agreement, and which are attached hereto, together with all provisions contained therein, are hereby made a part of this Agreement as fully and to all intents and purposes as though recited in full herein: Schedule II A" - ilLegal description of said Lands II Schedule IB_1" & IB_2" - Plans of Subdivision for final approval" Schedule "C" - "Charges against said Lands II Schedule "D" "Development charges" Schedu1 e liE II "Grants of easements to be dedi cated" Schedule "F" - "lands and/or cash to be dedicated" Schedule "G" - "Works requi red II I ' - { - 6 - Schedule "HII Schedule 11111 Schedule IIJII Schedu1 e "KII Schedule IILII Schedule "Mil Schedule II Nil Schedul e 11011 Schedule IIplI Schedule UQII Schedule IIRII 2.14 MORTGAGE "Utilities requiredll IIDuties of Owner's Engineerll IICost Estimatesll IIInsurance Policies requiredll "Regulations for constructionll "Use of said 1andsll "Lands unsuitable for bui1dingll IILands requiring site p1anll "0versized and/or External Services" IIConservation Authority's Works II IIEngineering and Inspection Feesll The Mortgagee hereby postpone his mortgage to this Agreement with the intent that this Agreement shall take effect as though dated, executed and registered prior to the mortgage, and the Town shall be entitled to enforce the provisions of this Agreement as though the Mortgagee was the subsequent owner of the lands as contemplated by Section 36, Subsection 6 of the Planning Act, R.S.O. 1980, Chapter 379. 2.15 SUCCESSORS This Agreement shall enure to the benefit of and be binding upon all of the parties hereto, its, his or her respective heirs, executors, administrators, successors or assigns. 2.16 PLAN APPROVAL Upon receipt of the payments herein required and upon the execution and registration of this Agreement, the Council will recommend to the Ontario Municipal Board that the plan be approved for registration. . , , , - 7 - 3. FINANCIAL 3.1 PAYMENT OF TAXES The Owner shall, at the time of the execution of this Agreement, pay all Municipal taxes outstanding against the said Lands, as set out in Schedule "C" hereto. The Owner further agrees to pay any municipal taxes which may become due and payable by it, in respect of any of the said Lands, prior to the sale by the Owner of such lands. 3.2 PAYMENT OF LOCAL IMPROVEMENT CHARGES The Owner shall, at the time of the execution of this Agreement, pay all charges with respect to existing local improvements assessed against the said Lands, as set out in Schedule "ell hereto. Such charges shall include the Town's share of any local improvements which serve the said Lands and shall include the commuted value of such charges including charges falling due after the date of the execution of this Agreement. 3.3 PAYMENT OF DRAINAGE CHARGES The Owner shall, at the time of the execution of this Agreement pay all drainage charges assessed under The Municipal Drainage Act, 1975, and The Tile Drainage Act, R.S.O. 1980, against the said Lands, as set out in Schedule IICII hereto, including the commuted value of such charges falling due after the execution of this Agreement. 3.4 PAYMENT OF DEVELOPMENT CHARGES The Owner shall pay all development levies in the amounts and at the times set out in Schedule 11011 hereto. 3.5 CASH IN LIEU OF LANDS N/A 3.6 PERFORMANCE GUARANTEE REQUIRED (1) The Owner shall, prior to the issuance of any Authorization to Commence Work, lodge with the Town by cash or by means of an irrevocable letter of credit issued by a chartered Canadian bank, guaranteeing the performance by the Owner of the provisions of this Agreement. Such Performance Guarantee shall be in the form of c~sh or an irrovocab1e letter of credit in an amount equal to ten percent (10~) of the Works Cost Estimate and shall be accompanied by a Performance Bond in an amount equal to the balance of the Works Cost Estimate with respect to the Plan or Stage of the Plan covered by the Authorization to COlll1lence Work. (2) All documents furnished under this paragraph shall be approved by the Treasurer and the Solicitor of the Town. (3) The cash or irrevocable letter of credit and Performance Bond as provided in subparagraph (1) hereof are hereinafter collectively referred to as a "Performance Guaranteell. 3.7 USE OF PERFORMANCE GUARANTEE The Owner agrees that the Town may at any time, by resolution of Town Council, authorize the use of all or part of any Performance Guarantee if the Owner fails to pay any costs payable by the Owner to the Town under this Agreement by due date of the invoice for such costs. The Town agrees to provide the Owner with thirty (30) days prior notice of its intentions to use all or part of any Performance Guarantee if the Owner fails to 'pay costs payable to the Town pursuant to this Agreement. - , - 8 - 3.8 INDEMNIFICATION OF TOWN AND INSURANCE The Owner covenants and agrees to indemnify the Town against all actions, causes of actions, suits, claims and demands whatsoever and howsoever caused, which arise either by reason of the development of the said lands, or the undertaking of the design, construction, installation and maintenance of the Works and Utilities. The Owner agrees to indemnify the Town with respect to all such claims notwithstanding the issuance of a Certificate of Release provided for in this Agreement, and referenced by Section 5.26. The Owner shall also provide the insurance called for by Schedule "K" of this Agreement. 3.9 MAINTENANCE GUARANTEE PERIOD In order to guarantee that all defects in the Works which become apparent after the issuance of a Certificate of Completion for such Works, will be properly repaired or replaced, the Owner shall, prior to the issuance of the Certificate of Completion for such Works, lodge with the Town a Maintenance Guarantee in the form of cash or an irrevocable letter of credit from a chartered Canadian bank, and in an amount equal to ten percent (10%) of the estimated cost of the Works as set out in Schedule "J" hereto. The form of the Maintenance Guarantee shall be subject to the approval of the Town Solicitor, and the Town Treasurer, and shall guarantee the Works for two (2) years from the date of completion. 3.10 USE OF MAINTENANCE GUARANTEE The Owner agrees that the Town may at any time, by resolution of Town Council, authorize the use of all or any part of any Maintenance Guarantee if the Owner fails to pay any costs payable by the Owner to the Town under this Agreement, by the due date of the invoice for such costs. The Town agrees to provide the Owner with thirty (30) days prior notice of its intentions to use all or part of any Maintenance Guarantee if the Owner fails to pay costs payable to the Town pursuant to this agreement. 3.11 REQUIREMENTS FOR RELEASE OF PERFORMANCE GUARANTEE The Owner agrees that the Town shall not be obliged to release to the Owner the unused portion of any Performance Guarantee until: (1) a Certificate of Completion has been issued for the Works for which such Performance Guarantee was required; and (2) the Owner has deposited with the Town the Maintenance Guarantee applying to those Works for which such Performance Guarantee was required; and (3) the Town is satisfied that in respect of the construction and installation of the Works for which such Performance Guarantee was required, there are no outstanding claims relating to such Works. 3.12 REQUIREMENTS FOR RELEASE OF MAINTENANCE GUARANTEE (1) The Owner agrees that the Town shall not be obliged to release to the Owner the unused portion of any Maintenance Guarantee until: (a) a Certificate of Acceptance has been issued for the Works for which such Maintenance Guarantee was required; and (b) the Town is satisfied that, in respect of the maintenance of all of the Works for which such Maintenance Guarantee was required, there are no outstanding claims relating to such Works. (2) The Town shall release to the Owner the unused portion of any Maintenance Guarantee upon fulfillment of Clause (a) and (b) of subparagraph (1) hereof. 3.13 PAYMENT OF MUNICIPAL COSTS (1) Every provision of this Agreement by which the Owner is obliged in any way shall be deemed to inc1 ude the words "at the expense of the Owner" unless the context otherwise requires. , \ - . , - 9 - (2) The Owner, upon the execution of this Agreement, shall reimburse the Town for all reasonable legal, planning, engineering and other technical advice and assistance actually incurred by the Town in connection with the preparation of this Agreement. (3) The Owner shall reimburse the Town for all reasonable legal expenses actually incurred for the preparation and registration of this Agreement, and the legal services contemplated by the terms of this Agreement, which shall include review of performance guarantee and the preparation of any release. (4) The Owner shall have the right to inspect, upon reasonable notice, during regular business hours, such accounts, invoices, time records and other documents and calculations of charges for which the Town is seeking reimbursement. (5) The Owner shall pay to the Town for all engineering and inspection costs in accordance with the provisions of Schedule "R" hereto. 3.14 UNPAID CHARGES The due date of any sum of money payable herein, unless a shorter time is specified, shall be thirty (30) days after the date of the invoice. Interest at the rate of prime plus two per cent (2%) shall be payable by the Owner to the Town on all sums of money payable herein, which are not paid on the due dates, calculated from such due date. 3.15 OCCUPANCY PERMIT Prior to the issuance of the first building permit the Owner agrees to lodge with the Town an irrevocable letter of credit annually renewable and issued by a chartered Canadian bank in an amount of Ten Thousand Dollars ($10,000) to guarantee that occupancy does not occur in respect of any lot or block before the issuance of an Occupancy Permit for such lot or block. In the event that occupancy occurs in respect of any lot or block before the issuance of an occupancy permit contrary to paragraph 4.8, the sum of Seven Hundred and Fifty Dollars ($750) shall be immediately forfeited to the Town for each such lot or block and upon forfeiture the Owner shall immediately restore the letter of credit to the full amount of Ten Thousand Dollars ($10,000) so that the amount of security deposit on hand with the Town is always equal to Ten Thousand Dollars ($10,000). The letter of credit shall be released to the Owner at such time as the last unit is ready for occupancy in accordance with the terms of this Agreement or at such earlier date as may be mutually agreed in writing by the parties. ,\, . , - 10 - 4. PLANNING 4.1 APPROVAL OF TREE PRESERVATION PLAN The Owner shall, prior to the issuance of any Authorization to Commence Works as provided herein, have received the written approval of the Director of Planning of a plan of the said Lands, hereinafter called the "Tree Preservation Plan" and showing thereon: (1) the location and approximate size of all existing trees over 30.5 cm. in circumference atl. 5 m. above the ground; and (2) the location of all existing trees referred to in subparagraph (1) hereof intended to be removed during the development of the said Lands. No work shall be done and no such trees removed until the Tree Preservation Plan is approved and only then, in accordance with such approved Plan. It is agreed by the Town that nothing in this paragraph shall prevent the Owner from removing trees that would otherwise prevent it from carrying out the Works or from utilizing any lot or block by reason of its inability to site a dwelling on such lot or block because of such trees. 4.2 USE OF SAID LANDS The Owner agrees that the said Lands shall not be used for any purpose other than that set out in Schedule "M" hereto without the prior written consent of the Town. 4.3 LANDS UNSUITABLE FOR BUILDING The Owner agrees that the lots and blocks of the Plan which are set out in Schedule "N" hereto are unsuitable for building purposes and that no application will be made for a building permit for the erection of any structure on any such lot or block until the conditions outlined in Schedule "N" hereto for such lot or block have been satisfied to the approval of the Directors of Planning and Public Works and/or any other authorities having jurisdiction. 4.4 LANDS REQUIRING SITE PLAN The Owner covenants and agrees that no application for any building permit in respect of the lots or blocks of the Plan which are set out in Schedule "0" shall be made until the Owner has entered into a Site Plan Agreement with the Town respecting the development of such lot and unless the application for a building permit complies in all respects with the terms of the said Site Plan Agreement. 4.5 REQUIREMENTS FOR BUILDING PERMITS Neither the execution of this Agreement by the Municipality nor the approval by the Town of the Plan for registration, nor the issuance by the Town of any Certificate of Acceptance shall be deemed to give any assurance that building permits when applied for will be issued in respect of any of the said Lands. The Owner agrees that no application for any building permit in respect of any of the said Lands shall be made until: (1) all easements for Utilities or drainage, or other purposes across the lot or block in respect of which a building permit is proposed to be issued have been transferred to the Town; and (2) all the roads which are required to be constructed under this Agreement to provide access to the proposed building, have been constructed to at least the completed granular base. (3) all of the Works required to be constructed and installed under such roads have been constructed and installed to the approval of the Director; and - 11 - (4) all of the Utilities required to be constructed and installed under such roads have been constructed and installed to the approval of the authorities having jurisdiction over such Utilities; and (5) the Owner has provided the Director of Planning with a mylar and four copies of a street numbering plan satisfactory to the Town and each street number shall permanently apply to the lot or block shown on the Plan and shall be provided by the Owner to all subsequent owners; and (6) the balance of all Development Levies have been paid in respect of the lot or block in the Plan for which the building permit is applied for; and (7) the Owner has deposited the Occupancy Penalty fee as required by paragraph 3.15 of this Agreement; and (8) if the application for a building "permit is in respect of any lot or block set out in Schedule "Nil the Owner has fulfilled the conditions with respect to the lots and blocks as set out in Schedule "N" as required by paragraph 4.3 of this Agreement; and (9) if the application for a building permit is in respect of any lot or block as set out in Schedule "0" the Owner has entered into a Site Plan Agreement with respect to the lots or blocks as set out in Schedule "Oil as requi red by paragraph 4.4 of thi s Agreement. (10) the Owner has provided the Director of Planning with a mylar copy of the registered plan of this subdivision. (11) the Performance Guarantee and/or Maintenance Guarantee required pursuant to this Agreement has been deposited with the Town and is in good standi ng. 4.6 MODEL HOMES AND ARCHITECTURAL CONTROL (1) Notwithstanding the provisions of paragraph 4.5 of this Agreement,.the Owner may apply for building permits for model homes on the Lands, provided that such application is in conformity with the requisite by-laws of the Town and The Ontario Building Code, as amended, and provided that all building permit fees, occupancy penalty and appropriate development levies as provided for in this Agreement have been paid or provided. The maximum number of building permits available for model homes shall not exceed ten percent (10%) of the total number of units permitted within the particular stage of the Plan for which building permits are sought. (2) The Owner agrees that any model home shall be used for display purposes only and shall not be occupied for any residential purpose until such time as the provisions of paragraph 4.8 of this Agreement have been complied with and if such model home is occupied for residential purposes contrary to this paragraph the provisions of paragraph 3.15 shall apply. , , - 12 - 4.7 REQUIREMENTS FOR SALE OF LANDS The Owner agrees not to sell any or all of the said lands until: (1) the Town has registered against the title to such lands any grant of easement in respect of such lands; and (2) where no building permit has been issued in respect of any lot or block proposed to be sold, the Owner has obtained from the prospective purchaser a covenant that such purchaser agrees at any time prior to the issuance of a building permit, to provide the Town with any grants of easement required for utility or drainage purposes upon the written request of the Town; and (3) the Owner has obtained from the prospective purchaser a licence to permit the Owner and/or Town, to enter upon such lands to perform its obligations under this Agreement; and (4) the Performance Guarantee and/or Maintenance Guarantee required pursuant to this Agreement has been deposited with the Town and is in good standing. (5) the Owner has inserted in the agreement to purchase entered into by the prospective purchaser, notice that the lands are subject to the covenants and obligat;ons set forth in this Agreement, and more particularly, the following specific notices or requirements: 4.8 REQUIREMENTS FOR AUTHORIZATION TO OCCUpy Notwithstanding the requirements of any statute regulation or by-law for the issuance of any permit authorizing the occupancy of any dwelling or other structure, the Owner shall not permit any building on the said Lands to be occupied, and no one shall occupy such building without the written permission of the Town hereinafter called an "Occupancy Permit ". In addition to any other requirements contained herein, no Occupancy Permit shall be issued for any building until: (1) all of the roads which are required to be constructed under this Agreement, which will provide access to such building, have had the application of the base course of asphalt, to the written approval of the Director; and (2) all of the storm drainage system required to be constructed and installed to service such building has been constructed and installed to the written approval of the Director, and the building has been connected thereto; and (3) all of the Utilities, save telephone and cable T.V. required to be constructed and installed and connected to the building have been so constructed, installed and connected to the written approval of the authorities having jurisdiction over such Utilities; and (4) the building has been connected to and is serviced by a water supply and sewage disposal system to the written approval of the authority having jurisdiction; and (5) the Owner's Engineer has provided the Director with written confirmation that rough grading for the lot or block, where such building is located, conforms to the Grading and Drainage Plan, or has received the written approval of the Director with respect to any variance to the Grading and Drainage Plan. " - 13 - 4.9 SPECIAL CONDITIONS (1) Central lake Ontario Conservation Authority The Owner hereby agrees to carry out or cause to be carried out to the satisfaction of the Central Lake Ontario Conservation Authority, all matters more particularly set forth in Schedule "Q" hereto. " . . - 14 - 5. 5.1 PUBLIC WORKS TOWN WORKS REQUIRED The Owner shall be responsible for the construction and installation of the services and landscaping more particularly referred to in Schedule IIGII hereto (hereinafter called lithe Worksll). Until the issuance of a Certificate of Acceptance as hereinafter provided, the Works shall remain the property of the Owner and the Owner shall be fully responsible for their maintenance. After the issuance of a Certificate of Acceptance, the Works shall vest in and become the responsibility of the Town. ' 5.2 UTILITIES REQUIRED The Owner shall be responsible for entering into agreements with the appropriate Public Utilities Commission or other such authority or company having jurisdiction in the area of the said Lands for the design and installation of the Utilities as more particularly referred to in Schedule "M". 5.3 OWNER'S ENGINEER The Owner shall retain a competent Professional Engineer, registered by the Association of Professional Engineers of Ontario and hereinafter called the IIOwner's Engineer", to administer this Agreement, whose duties are set out in Schedule 11111 hereto. 5.4 DESIGN OF WORKS The Owner agrees that the design of all the Works shall comply with the Design Criteria and Standard Detail Drawings of the Town. In the event of any dispute as to such standards or in the event of any dispute as to such design requirements, the decision of the Director shall be final. 5.5 APPROVAL OF ENGINEERING DRAWINGS The Owner shall, prior to the issuance of any Authorization to Commence Works as provided herein, have received the written approval of the Director for all drawings of all of the Works hereinafter called the "Engineering Drawingsll. If no construction of the Works has commenced within two (2) years of the date of approval of the Engineering Drawings, the Engineering Drawings shall be resubmitted to the Director for re-approval and further revisions if required by the Director, and no work shall be done unless in accordance with the said revised and re-approved drawings. 5.6 APPROVAL OF GRADING AND DRAINAGE PLAN The Owner shall, prior to the issuance of any Authorization to Commence Work as provided herein, have received the written approval of the Director of a plan, hereinafter called the "Grading and Drainage P1anll, and showing thereon the existing drainage pattern on all adjacent lands, all proposed grading and drainage works for the said Lands, indicating the direction of all surface drainage, including water from adjacent lands originally flowing through, into or over the said lands to the municipal storm sewer system or any other outlet approved by the Director. This Grading and Drainage Plan shall be approved and signed by the Director prior to the construction of any services or roads on the said Lands. If no construction of the works is commenced within two (2) years of the date of approval of the Grading and Drainage Plan, the Grading and Drainage Plan shall be resubmitted to the Director for reapprova1 and revision, if required by the Director and no such work shall be done unless in accordance with the said revised and reapproved drawings. 5.7 STAGING OF WORKS If the Owner wishes to construct and install the Works and Utilities in stages, the Owner shall, prior to the issuance of any Authorization to Commence Work as hereinafter provided, prepare for the approval of the Council of the Town, a plan hereinafter called the "Staging P1an" which divides the Plan into stages for the construction, installation and maintenance of the Works and Utilities. - 15 - The Owner shall not proceed until such Staging Plan has been approved by Council, and shall proceed only in accordance with such approved Plan, except as it may be subsequently amended with the approval of Council. 5.8 APPROVAL OF SCHEDULE OF WORKS The Owner shall, prior to the issuance of any Authorization to Commence Work, as hereinafter provided, receive the written approval of the Director of a schedule (hereinafter called the "Schedule of Works") which sets out the timing sequence in which the Owner proposes to construct and install all of the Works and Utilities and, where the installation of the Works and Utilities are to be staged the Owner shall, prior to the Authorization to Commence Work for each such stage, receive the written approval of the Director of a Schedule of Works for such stage. The Owner shall proceed only in accordance with the approved schedule, except as it may be subsequently amended with the approval of the Director. 5.9 APPROVAL OF COST ESTIMATE The Owner agrees that, prior to the issuance of any Authorization to Commence Work as hereinafter provided, the estimated cost of construction and installation of all of the Works, hereinafter called the "Works Cost Estimate", shall be approved by the Director and entered in Schedule "J" hereto. If the Town has approved a Staging Plan for the said Lands, the Owner further agrees that the estimated cost of construction and installation of the Works for each stage, hereinafter called a "Stage Cost Estimate" shall be approved by the Director and entered in Schedule "J" hereto. 5.10 REQUIREMENTS FOR AUTHORIZATION TO COMMENCE WORKS The Owner shall not commence the construction or installation of any of the Works without the written permission of the Town, hereinafter called an "Authorization to Commence Works". The Owner shall only commence those Works permitted by the Authorization to Commence Works. In addition to any other requirements contained herein, no Authorization to Commence Works shall be issued for any of the Works until: (1) the Plan has received final approval from the Board; and (2) the Plan has been registered; and (3) the Owner has delivered copies of the Plans and Agreements as required by paragraph 2.2 of this Agreement; and (4) the Owner has paid to the Town any outstanding charges against the said lands required by paragraph 3.4 of this Agreement; and (5) the Owner has conveyed to the Town any easements as required by paragraph 2.3 of this Agreement, and such easements have been registered; and (6) the Owner has conveyed to the Town any lands and paid any cash as required by paragraphs 2.4 and 3.5 of this Agreement, and any such conveyance has been registered; and (7) the Owner has delivered letters from the appropriate Public Utilities Commission, or authority or company having jurisdiction, stating that satisfactory agreements have been entered into for the design and installation of the Utilities as required by paragraph 5.2 of this Agreement; and (8) the Owner has appointed an Engineer as required by paragraph 5.3 of this Agreement; and (9) the Owner has received the written approval of the Director for the Engineering Drawings as required by paragraph 5.5 of this Agreement; and (10) the Owner has received the written approval of the Director of the landscaping required as part of the Works and more particularly referred to in Schedule "G"; and - 16 - (11) the Owner has received the written approval of the Director of the Grading and Drainage Plan as required by paragraph 5.6 of this Agreement; and (12) the Owner has received the written approval of the Director of Planning for the Tree Preservation Plan as required by paragraph 4.1 of this Agreement; (13) the Owner has received the written approval of the Council of the Town for the Staging Plan as required by paragraph 5.7 of this Agreement; and (14) the Owner has received the written approval of the Director for the Schedule of Works as required by paragraph 5.8 of this Agreement; and (15) the Owner has received the written approval of the Director for the Works Cost Estimate and/or Stage Cost Estimate as required by paragraph 5.9 of this Agreement; and (16) the Owner has deposited with the Town the Performance Guarantee applying to that stage of the Plan for which the Owner is seeking such Authorization to Commence Works as required by paragraph 3.6 of this Agreement; and (17) the Owner has deposited with the Town any policies of insurance as required by paragraph 3.8 of this Agreement; and (18) the Owner has paid all Town costs as required by paragraph 3.13 of this Agreement as of the date of the issuance of the Authorization to Commence Works; and (19) the Owner has paid all costs due to the Town for oversizing as required by paragraph 5.27 of this Agreement. (20) Notwithstanding the above, the Owner may commence construction or installation of the Works as referred to in Schedule "G" hereto, with the written approval of the Director, prior to the registration of the Plan provided that sections 3,4,7,8,9,10,11,12,13,14,15,16,17,18 and 19 of this clause have been satisfied. No Certificate of Acceptance of the Works as referred to in clause 5.24 of this Agreement shall be issued by the Director, until the Plan has been registered and all other requirements relevant to the Certificate of Acceptance have been met. The construction or installation of any of the Works pursuant to this clause, and notwithstanding the aforementioned approval of the Director, shall be undertaken at the sole risk of the Owner. The Owner shall save harmless the Town from any actions or causes of action resulting from the construction or installation of any of the Works as may be undertaken pursuant to this clause. Failing the registration of the Plan within three (3) months of the commencement of the construction or installation of any of the Works as may be undertaken pursuant to this clause, the Owner agrees to restore the lands to a condition satisfactory to the Director. 5.11 REQUIREMENTS FOR AUTHORIZATION OF SUBSEQUENT STAGES If the Town has approved a Staging Plan for the said Lands, the Owner shall require an Authorization to Commence Works for each stage of the Plan. If the Town has issued an Authorization to Commence Works for one stage of the Plan, in addition to any other requirements contained herein, no Authorization to Commence Works shall be issued for any subsequent stage of the Plan until: (1) the Stage Cost Estimate for such stage has been approved by the Director and entered in Schedule "J" hereto; and (2) the Owner has deposited with the Town the Performance Guarantee applying to that stage of the Plan for which the Owner is seeking such Authorization to Commence Works. 5.12 INSPECTION AND STOP WORK The contract with any contractor employed by the Owner to construct or install any of the Works shall provide that employees or agents of the Town may, at any time, inspect the work of such contractor pertaining to the said Lands and the Director, after consultation with the Owner's Engineer, shall have the power to t - 17 - stop any such work in the event that, in their opinion, work is being performed in a manner which may result in a completed installation that would not be satisfactory to the Town. 5.13 PROVISIONS FOR CONSTRUCTION AND INSTALLATION All of the Works shall be constructed and installed in accordance with the Engineering Drawings as approved by the Director. No variation from the Engineering Drawings shall be permitted unless such variation is authorized in writing by the Director. All construction on the said Lands shall be carried out in accordance with the regulations for construction as set out in Schedule "L" hereto. 5.14 SEQUENCE OF CONSTRUCTION AND INSTALLATION The Owner shall, upon the issuance of an Authorization to Commence Works, proceed to construct and install all of the Works continuously and as required by the approved Schedule of Works. 5.15 COMPLETION TIME FOR CONSTRUCTION AND INSTALLATION The Owner shall, within two (2) years of the date of the issuance of an Authorization to Commence Works, complete the construction and installation of all of the Works authorized in such Authorization to Commence Works with the exception of the curbs, sidewalks, final coat of asphalt, final lot grading, driveway approaches, sodding and tree planting. 5.16 ADDITIONAL FACILITIES OR WORK REQUIRED If, in the opinion of the Director, any minor or incidental additional work is required to provide for the adequate operation and functioning of the Works, the Owner shall, until the conclusion of the maintenance guarantee period, construct or install such additional facilities and perform such additional work as the Town may request from time to time. 5.17 INCOMPLETE OR FAULTY WORK (1) If, in the opinion of the Director, the Owner is not executing or causing to be executed the Work required by this Agreement, in such a manner that it will be completed within the time specified for such completion, or if the said Work is being improperly done, or if the Owner neglects or abandons the said Work, or any part of it, before completion, or unreasonably delays the execution of the same, or if in any other manner the said Work is not being done properly and promptly in full compliance with the provisions of this Agreement, or in the event that the Owner neglects or refuses to do over again any Work which may be rejected by the Director as defective or unsuitable, or if the Owner in any other manner in the opinion of the Director may default in performance under this Agreement, then in any such case the Director on the authority of the Council of the Town may notify the Owner and his surety in writing of such default or neglect and within ten (10) clear days after the giving of such notice or within such further period of time as may be specified in the notice, the Town Council shall thereupon have full authority and power immediately at its option to employ a contractor or such workmen as in the opinion of the Director shall be required for the proper completion of such work at the cost and expense of the Owner or his surety, or both. In cases of emergency, in the opinion of the Director, such work may be done without prior notice, but the Owner shall forthwith be notified. The cost of such work shall be calculated by the Director, whose decision shall be final. It is understood and agreed that the total costs shall include a management fee of fifteen (15%) percent of a contractor's charges to the Town (including any charges for overhead and profit) or, if such work is undertaken by the Town, fifteen (15%) percent of all charges incurred to complete the work, it being hereby declared and agreed that the assuming by the Owner of the obligations imposed by this clause is one of the considerations without which the Municipality would not have executed this Agreement. (2) In the event that any liens are filed under The Construction Lien Act such filings shall constitute a default in performance under this agreement, then in any such case the Director may notify the Owner and his surety in writing of . , , 18 - such default and if the Owner fails to satisfy claims of the lien claimant within thirty (30) clear days after the giving of such notice or within such further period of time as may be specified in the notice, then the Municipal Council, after a hearing at which the Owner may be represented, shall thereupon have full authority and power immediately, at its option, to pay the full amount of the claim and costs into an appropriate court having jurisdiction and the Municipality shall be authorized to use all or part of any performance or maintenance guarantee to do so. In the event that the Municipality draws upon the performance or maintenance guarantee to satisfy the claims and costs of any lien claimant, the Owner shall forthwith upon notice from the Director reinstate the performance or maintenance guarantee to the full value required under the terms of the agreement. 5.18 ENTRY FOR EMERGENCY REPAIRS The Owner agrees that, at any time and from time to time, employees or agents of the Town may enter the said Lands for the purpose of making emergency repairs to any of the Works. Such entry and repairing shall not be deemed an acceptance of any of the Works by the Town, nor an assumption by the Town of any liability in connection therewith, nor a release of the Owner from any of its obligations under this Agreement. 5.19 DAMAGES OR RELOCATION OF EXISTING SERVICES OR NEIGHBOURING WELLS (1) The Owner agrees to pay the cost of repairing any damages to any services which, without limiting the generality of the foregoing, shall include road, water, electrical, gas, telephone, cable television or sewer systems, and the cost of relocating any existing services, caused by the development of the said lands or any of the work required by this Agreement, provided all work is to be done to the satisfaction of the Director and/or authorities responsible for such services. The Owner further agrees to pay the cost of moving any of the Works ,installed under this Agreement, in driveways or so close thereto as in the opinion of the Director, will interfere with the use of the driveway. (2) The Owner agrees to, if the well or private water supply of any person outside the Plan is interfered with or dewatered as a result of the construction or installation of the Works: (a) where the interference to a well or private water supply is short term duration (i.e. during the course of dewatering and excavation and within one month of the completion of dewatering) make available to the affected party, a temporary supply of water at no cost to the affected party; or (b) where the interference to a well or private water supply is of a long term duration, at the option of the Owner and at his expense, connect the affected party to the Town water supply system or provide a new well or private water system so that water supplied to the affected party shall be of a quality and quantity at least equal to the quality and quantity of water enjoyed by the affected party prior to the interference. 5.20 USE OF WORKS BY TOWN The Owner agrees that any of the Works may be used by the Town or other authorized persons, for the purposes for which the Works are designed. Such use of any of the Works shall not be deemed an acceptance of any of the Works by the Town nor an assumption by the Town of any liability in connection therewith, nor a release of the Owner from any of his obligations under this Agreement. ." - 19 - - 5.21 MAINTENANCE OF ROADS AFTER COMPLETION (1) Notwithstanding any other requirement in this Agreement to maintain the Works, if any building on the said Lands is occupied, the Owner shall maintain all of the roads, which are required to be constructed and which provide access to such building, until a Certificate of Acceptance has been issued for such road. The Owner shall: (a) maintain the roads at all times in a well drained, dust and mud free condition, fit for all normal vehicular traffic, to the approval of the Director; and (b) during the course of installation of the Works and utilities provide and maintain safe and adequate access to all occupied buildings. (2) The Town agrees to snowplow and sand paved subdivision roadways. Until the roadways are vested in the Town the Owner shall pay one hundred percent (100%) of the actual cost of snowp10wing and sanding such roadways. (3) The provisions of any work or service by the Town under paragraph 5.18 or subparagraph (2) of this paragraph, shall not in any way constitute approval or assumpt ion of the road and the road shall not be deemed to have been assumed until a Certificate of Acceptance has been issued. 5.22 REQUIREMENTS FOR CERTIFICATE OF COMPLETION The Owner agrees that the construction and installation of any of the Works authorized in an Authorization to Commence Works shall not be deemed to be completed for the purposes of this Agreement until the Director has provided the Owner with written confirmation thereof, referred to herein as a "Certificate of Completion". In addition to any other requirements contained herein, no Certificate of Completion shall be issued until: (1) Such of the Works authorized by the Authorization to Commence Works for which a Certificate of Completion is required, have been inspected by the Director, and the Town Council has approved the written report of the Director that such Works have been constructed and installed in accordance with the latest version of the Engineering Drawings approved by the Director; and (2) The Town is satisfied that, in respect of the construction and installation of all of the Works authorized by such Authorization to Commence Works, there are no outstanding claims relating to such Works. 5.23 PERIOD OF REQUIRED MAINTENANCE OF WORKS The Owner shall from the date of the issuance of a Certificate of Completion maintain all of the Works covered by such Certificate of Completion for a period of two (2) years. 5.24 REQUIREMENTS FOR CERTIFICATE OF ACCEPTANCE The Owner agrees that any of the Works covered by a Certificate of Completion shall not be accepted, nor deemed to be accepted, for the purpose of this Agreement, until the Director has provided the Owner with written confirmation thereof, referred to herein as a "Certificate of Acceptance". In addition to any other requirements contained herein, no Certificate of Acceptance shall be issued until all of the Works covered by such Certificate of Completion have been inspected by the Director and the Town Council has approved the written report of the Director that all such Works have been maintained to the approval of the Director for the period set out in paragraph 5.23 of this Agreement. 5.25 OWNERSHIP OF WORKS BY TOWN The Owner agrees that, upon the issuance of a Certificate of Acceptance, the ownership of all of the Works covered by such Certificate of Acceptance shall vest in the Town and the Owner shall have no right or claim thereto, other than as an Owner of land abutting a road in which such Works are installed. 5.26 REQUIREMENTS FOR CERTIFICATE OF RELEASE Upon compliance with subparagraph (1), (2), and (3) hereof, the Town agrees to provide the Owner with a written release for the said Lands, referred to herein - . " - 20 - as the "Certificate of Release", in a form suitable for registration or deposit in the applicable Registry or Land Titles Office. In addition to any of the requirements contained herein, the Certificate of Release for such stage shall not be issued until: (1) Certificates of Acceptance have been issued for all of the Works; and (2) a registered Ontario Land Surveyor, approved by the Town, has provided the Town with written confirmation that at a date not earlier than the end of the maintenance period described herein, he has found or replaced all standard iron bars as shown on the Plan and survey monuments at all block corners, the end of all curves, other than corner roundings, and all points of change in direction of roads on the Plan; and (3) the Town Council has, by resolution, acknowledged that the Owner has met all of the provisions of this Agreement. The Certificate of Release shall operate as a disCharge of the land described therein of all obligations of the Owner under this Agreement with the exception of the Owner's responsibility for drainage as provided herein and the Owner's acceptance of the conditions for applying for Town building permits as provided herein. 5.27 REQUIREMENTS FOR OVERSIZED OR EXTERNAL SERVICES (1) In the event that the Owner is required to install oversized services (hereinafter called "Oversized Services") or services outside the limits of the Plan of Subdivision (hereinafter called "External Services") which are more particularly set out in Schedule "P" hereto, the Town agrees that upon a developer of lands outside the Plan of Subdivision connecting to such Oversized or External Services, to pay to the Owner that portion of the cost of the Oversized or External Services (which is also set out in Schedule "P") that is equal to the proportion of the excess capacity of such Oversized or External Services which is estimated to be utilized by such developer. The excess capacity of such Oversized or External Services shall be the capacity of such services estimated to be available after the Owner has fully developed the lands. The portion of such Oversized or External Services estimated to be utilized by a developer of lands outside the Plan of Subdivision shall be calculated by the Director, whose decision shall be final. In determining the cost of the Oversized or External Services there shall be added annually from the first anniversary of the issuing of the Certificate of Completion to the costs set out in Schedu le "P" a sum equal to the interest on the amount of the unpaid balance from time to time of the cost of the Oversized or External Services calculated from the date of the issuance of the Certificate of Completion, at the highest prime lending rate charged during the previous year by the Bank of Montreal at its main branch in the City of Toronto, plus two percent (2%). (2) In the event that payment is required to be made under this paragraph by the Town before the issuance of a Certificate of Completion, no interest shall be added to the cost of Oversized or External Services. (3) In the event that payment is required to be made under this paragraph by the Town before the first anniversary of the issuance of the Certificate of Completion, interest shall be calculated at the highest prime rate charged by such bank, plus two percent (2%) from the date of the issuance of the Certificate of Completion to the date of payment. Interest shall be calculated on a per diem basis to the date of payment. 5.28 RESPONSIBILITY FOR DRAINAGE Even after the issuance of the Certificate of Release the registered owner of each lot or block on the Plan shall have the sole responSibility for providing and maintaining adequate drainage of surface waters from such lot or block in accordance with the approved Lot Grading and Drainage Plans referred to by paragraph 5.6 herein. - ... . , - 21 - IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE TOWN OF NEWCASTLE )~ ~ l- ~~foR/ l !Q..~. ~ ) - CLERK ) ) ) ) ) ) ) ) / ) REXGATE HOL~~lMGS LIMITED ) =/,:;:. ,/' --- ) "/, .' ) ;/' // '/ ~/ r · 1 · /~-~~~'^S~R" t:~ ~-i?: ) it,,~,~ ) ) ) ) .. 'THIS SCHEDULE IS SCHEDULE "All to the Agreement which has been authori zed and ~ approved by By-law No. f'f-..('t, of the Corporation of the Town of Newcastle, enacted and passed the ~vA. day of ~ 1984. LEGAL DESCRIPTION OF SAID LANDS ALL AND SINGLUAR that certain parcel or tract of land and premises, situate, lying and being in the Town of Newcastle in the Regional Municipality of Durham, Province of Ontario, being composed of Part of Lot 31, Concession 3 in the Geographic Township of Darlington, and more particularly described as Part 1, on a reference plan deposited in the Registry Office for the;>ivision of ~~, ast1e (No. 10) as number 10R-796. L~TL€S /W (Copies of registered reference Plan 10R-796 attached hereto~ IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE T~N OF NEWCASTLE In the presence of: l~ ~ ! MYOO ) L O~...lcA..>.r.ar---' ) CLERK ) ) ) ) ) ) ) ) ) REXGATE HOL~GS LIMITED ,,.....-------. ~ />/~/~~~~~~ l~? ~ /.. ~. ~":. l-t.---r ?<..../ (I Hs~<~''''U'(CR tv ~ -0:~~~~l~~~ . ~~-~ '~/M~~.Jp~ "___ ) '"---/ ~ES MARION S'T~tEY ~J ) l ) OF ,(F OF LOT 31 DARLINGTON OF - SURVEyr , CONCESSION ! ~., ... '. , now in the I REQUIRE THIS PLAN TO BE OEPOSITEO UNDER THE LAND TITLES ACT. PLAN IOR- __,7Jl~_~ DARLINGTON 3 - 31 - I. PLAN OF PART TOWNSHIP TOWN REGIONAL SeA LE ...-..... ,,_.....~.. --, -._.~ .~,-... ......- -~.-,,'. ._~_._, --....-.........- RECEIVED AND DEPOSITED , i. DArE ~~_/~Z~ . DATE _E~l~L11~_ NEWCASTLE ~~,Q?~_.- SIGNATuQ[ ~- .~ ; MUNICIPALITY OF DURHAM, = 2001 i T.S. FLUKE, O. L.S. ,1971. __/ .. .f:_~~,_~~__ J. -'$ ~~.~~J.L____ LAND REGISTRAR FOR THE LAND TITLES DIVISION OF NEWCASTLE (Nt J 0 ) I .. -_._- ._~. -_._._._.._-~._. -. .~.._------,,--- .....- --~,~-,-..."....... I PART 1 - ALL OF PARCEL 31-1, SEC_IO - 3, SEC. NEWCASTLE ( DARLINGTON) PLAN lOR - _ 7t.~_ _ ___ APPROVED __Ft:'l$._~,.I, 7,J,_:_ _~_LL , ~tldDS. EXAMINER OF SURVEYS H . 4107 , . ,'/!.>'T /".'l; .5.".'16 ":. 2(),". C'l ::. ~ J f)\\rA~..~~~~ ~:: T\"~E~~ f.(l~;C;::~'::'N;S ... a 4 -----'----NE,AN6U;' j_O'r---"'. LOT ~'.CON,3 1 J I ! J ! I ~; __I ; !'l~1 . , , I I 1 i , <fil_ l ...0' ! j /1 1/ / / / / ! , ,/ . . .. J 1/1' , '(6) ,. /I " lfNE C' :'01 ! .I / .!.._ J --!ii' " ~ -'----...._, I .. N 2028'E "fllCE ~ ,,~ ('. ,- O,T ~ . .. 8" .. '" (\I .. .., ... ..... , ,,; 1 .. '.I)' ~"-I C .i .....', I J I ~ (> .. I..) ~ t- ,lIr//;~f' /,/0 8'4 L () i ._~ '-, \, ;;:.: it .. ... . "- ... .. L(2; 72" ...} - ' '7 I ...1 , ... II: ;; .. : ~,r:!.':."~ = l- t ~" '1 ..~ <:II - !---~ -~l' --' .... L: 'I 9 I " ,"IT 1- I / j :7 I ...) (/ " (~ oi~ t ;:: .., .. '" 'f. '. ~.... ,,~' .4, PAN f -. () It 't"'"' C",'" <...... 1(' ~ I ~.. I~.;,....\o.i,_' /ltI, +",'.',',.." .j ~ ~ . .... . ...~..... ... , ~ ~. .~ ...,." ,+-~" .. 44 C1;;,~ <:,'$ -. " ...:". . ..... .., -0 tl) -'" z~ ... j, I I L:' . (~i ... -",;1 .., <It-I o <.(! co -. _ C'_l .. z ;-..) ~ .J~ -il -..1 <.(' , ~ ~ I . L__, Di'" n , \ \. J 1'"'\ ...1 fI I I l)' ~ '^f\' ..... C 1"""\1_1- ~'I""'\I..\.h_ RET...Cr.t.. ~ _ 41 W_ I_'_f. --- '-~ i i4'SIl0' OUOl ~ .J.,~j 71004'E 4915.00' ,'.0' , /IIC I"CIIK;E. "" ,,.,, , I N12"401 '~-'~-:-~: ----JJ~ ~I *_ ~ '-- . I, f. iF!... Z '..c~ !v~' r.'.7,"'<-.',(4."Ci<1/ i~ ~ 11"'0:>61 ~ ... ' u I llIllToO&i-- - - - - -T - - ---- - -! -, il- ~. .'V::;-;- ,Vy ; if ~,t · V ~/!',,9 'R{"I(A,)\f[V</1 '. 9 . "" ~ ';'0 ------1 r'-- -"I -- --t.. t: ~ ~ 0 I fN::;r :V~' I ;:' lie - N ~',"IH ,v.I' ,I !',;':< l' I Ii '4-:-..... 'REV.' I I S E A-k or : _ ~'~~'[~'.L__ __J___'o:~'~ rN ;-"~l..ob&..__.._________ ~o' 67 -. (SCTI , 0 --- -t-i ?- a 3-.:J ' I ,~h"':"'~~,,::: I ()""::: ._..~. '.-"",-"-,,,,,, L ..V l 1 i I I j, I r--'-~ -.. :/ ( N9100S1 .. ",. . rl !t, ~ '.{> :~~~ { ~ ~', I HEREBY CERTIFY THAT: .L THIS SURVEY AND PLAN ARE CORRECT ..AND IN ACC~DANCE WITH ,THE SURVEYS ACT AND THE LAND TITLES ACT AND THE REGULATIONS MADE THEREUNDER. 2.1 WAS PRESENT AT ~NO 010 PERSONALLY SUPERVISE THE SURVEY REPRESENTED BY THIS PLAN. 3.TH'S PLAN REPRESENTS A TRUE COpy OF THE FIELD- NOTES OF SURIIEY. ... THE SURVEY WAS COMPLETED ON THE 1& th DAY OF MARCH. 1971. , ' t j I NOTE : BEARINGS ARE ASTRONOMIC AND ARE REFERRED TO THE "18037'W OF THE WEST UMIT Of THE ROAD ALLOWANCE BETWEEN LOTS 30 a 3' ,AS SHOWN ONIIUN, SURVEY N9 111 t TOWN ~ OF NEWCASTLE, REGIONAL MUNICIPALITY OF DURHAM. STANDARD IRON BARS, SHOWN THUS 0 ~/8. .q. IRON BARS t 24" LONS t SHOWN THUS -0 3/4" ROUND IR~ BARS, 24" LONG. SHOWN THUS .- MONUIIENTATlON FOUND At ALL HANGING LINES HAVE BEEN VERIFIED I SURVEYOR'S C E RT I FICA TE : , t ______ ~Q~_?l\l71 ~TE -+-<" -.- /~ c~~":-~ c;::2-~:::"~ _ ___....___ T, S, FLUKE ONTARIO LAND SURVEyOR DONEVAN a FlEISCHMANN CO. LTD. ONTARtO LAND SURVEYORS t 1 ONTARIO ST.I '. SHERIDAN MALL, aSHAWA, ltG 4Y6, PICkERING, UV IBa NOVEM8at 7 1917. J08 NI 1-620. -ScNLiJUL& '" . j, ~ - , 'HilS SCHEDULE IS SCHEDULE "B" to the Agreement which has been authori zed and . approved by By-law No. 'I'I-.~ of the Corporation of the Town of Newcastle, enacted and passed the .2.'+ f1..- day of A-p-...::.R 1984, and includes attachments "B-1 II and "B-2" \ . If PLAN OF SUBDIVISION (copy of final plan prior to registration) "AS ATTACHED" IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ) THE CORPO ATION OF THE ~OWN OF NEWCASTLE In the presence of: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) REXGATE HOL~J~S LIMITED ) "-7~' A/.-~~~V ?" ) __// CA..--r h ~ ~~~1~J?:.:;;~R Iv ~ I ~~M~~~ (a~dZM7~t ~~~LJ ) GL 0 Y LUIS I N LAD ) (\ _ MA R ~.~. CLERK PLAN y LOT NO. 6 7 9 10 II 12 13 14 16 17 18 23 24 25 26 29 30 31 32 35 36 36 37 38 39 40 49 50 51 51 52 53 54 55 56 57 58 60 61 62 67 68 69 70 74 75 75 78 82 83 84 85 85 86 87 88 89 90 91 92 94 95 96 99 100 BL, 107 BL,I07 BL.108 BL.121 BL,I21 BL.122 BL.122 MATERIAL - Crona flu - O' 004 tnch - PIloto9raphic - Special "T" RADIUS I N FEET 200,00 200,00 60.00 60,00 60.00 60.00 60.00 60.00 50,00 50.00 50,00 134.38 334.38 334,38 334,38 334,38' 334.38 334.38 334,38 299,62 234,00 315.62 315.62 315,62 315.62 315,62 250.00 250.00 250.00 449.62 449.62 449.62 449.62 384.00 384.00 384.00 400.00 285,62 285.62 285.62 50.00 50.00 50.00 50.00 220.00 400.00 220.00 400,00 50.00 50.00 50.00 50.00 60,00 60.00 60.00 60.00 60,00 60.00 10.00 400.00 200.00 200.00 200.00 134,38 134,38 285,82 299,&2 234.00 384.00 449.82 299.62 234.00 CURVE ANGLE o I 11 2 6 38 12 39 38 64 10 55 44 51 13 37 48 56 44 36 42 38 327 64 10 59 44 36 40 47 9 23 52 58 4 32 0 33 I 53 26 7 49 49 5 51 17 o 1844 8 35 27 83056 23454 r 0 21 I 17 16 426 10 73430 73430 73430 7 7 21 II 37 6 15 25 44 7 14 12 95045 5 18 46 4 52 2 5 8 32 8 10 28 73358 7 3!l 46 621 47 638 8 8 15 9 041 14 253!l27 50 42 19 543811 29 25 25 13 3!l 46 4 8 47 I 58 46 031 56 84655 56 49 40 50 32 13 8 52 0 e 18 28 50 20 II 363845 49 33 34 3753 7 44 4 I 49 53 49 5 28 49 3 e 14 9 37 50 18 57 28 27 49 20 4 II 12 19 6 5 1341 46 17 19 0 090 o 740 o II 48 o 1523 DATA ARC IN FEET 7.37 44.19 67.21 46.97 39,60 46.72 39,85 67.21 38.93 41.15 46.22 75.08 11.03 45.70 34,17 1.82 50,14 49,70 15,07 5,26 5.26 24,44 41. 73 41.73 41. 73 39,24 50.70 67.32 31.58 77.26 41.69 38.20 40.35 54.79 50.71 50.91 44.42 33.08 41.14 3.43 22,33 44,25 47.88 e.88 52.21 28.72 7.60 3.72 7,66 49.59 44.10 5.99 26.47 52.71 38,34 51.90 39.'7 46,15 52.e 38.2' 11.94 33.62 66,18 65.26 9.82 88.55 71,62 70.72 1.01 1,00 1.03 1.eY.! LOT CHORD IN FEET 7.37 44,10 63,75 45.78 38.89 45,55 39.13 63,75 37.95 40.00 44.60 74,10 11,03 45.66 34.15 1.82 50,09 49,&5 15,07 5,26 5,26 24.43 41,70 41.70 41,70 39.21 50.61 67,12 31,56 77.17 41.68 38.18 40,34 54,74 50.67 50,87 44,40 33.06 41,10 3.43 22.15 42.82 45,89 e.4O 52.08 28.71 7.60 3.72 7.66 47.58 42.69 5.99 26.25 51.03 37.'9 50.30 38,. 45.02 50 , .2 38.24 11.94 33,58 '5.87 64.'2 9.82 88.14 71,45 70.45 1.01 1.00 1.03 1.05 BEARING o I II N 69 48 19 E N 62 25 I I E N 84 22 45 W N 41 6 II E N 0 13 54 W N412643W N 82 46 48 W N46 559E N 75 55 21 E N30220E N 20 I 23 W N35838W N 18 II 39 W N 13 20 2 W N 62929W N 32429W N I 236E N 93548E N 15 8 42 E N 74 4 I W N 74 I 2 29 W N 14 13 4 E N 8 12 44 E N 0 38 13 E N 6 56 17 W 14 17 12 W 12 2 20 W I 29 5 E 12 49 3 E 84 18 36 W 88 6 38 E 83 I 14 E 78 0 57 E 80 21 51 E 88 14 4 E 8411 5W 13 15 18 E 83 7 5 E 75 40 27 E N 71 12 15 E N 3 14 35 E N345418W N873433W N502339E N 77 39 31 E N 13027W N852.46E N 34949W N825834E N 50 10 17 E N 33039W N 32 12 46 W N 22 32 17 E N 15 16 2 W N584430W N 78 10 20 E N342659E N' 31 3!l W 'N 53 30 30 W N 1. 23 58 W N205059W N 27 22 31 W N 41 4l) II W N 52 45 46 E N6846 2E N48248E N 81 25 5 W N 83 30 37 W N 7. 21 7 E N 75 30 32 E N 88 10 06 W N 87 57 31 E 32 FD. LB. (1106 " Cl lJ) '1 h ~ tl ~ ~ I"l 'lJ ~ ~ ZZ <D\O o 0 ",0 ....... CD. ~g -z. 'q, ~" ',p"p FD, "'0, C,S,M, fr- .!!2"'''' ,~ -I~ "".... ~ 730726 >1: h ~ ~ ~ Cl ;!!~ ):> Z ~ Iii '1 ~ Cl -7 c_ {;) :--: r- ~ ;::; to hJ '1 ~ hJ I"l ~ -7 c- . " r- C) ~ -, c_ :'"0 C) Cu \0< - -J ~ ~ l::l :;c fi1 ~:: l~ Z .., ..~ i" ::c \0< '" FD.fIll,B. 0.08' S. 1.08' E. ZZ iiiiD o 0 CoIo ....ao ~ci o ~ CoICoI !!~ N- Ill, ClI. 'V F'" J> Z ROAD PARCEL SEC. N 71 0 57 '05" E P I~ R T LOT '2' .JI I~ E '/I CAS 'T L E LT : ~~ ~).f". ~I~ I ~ . 598 f,O POST 762.31' AND WIRE FENCE FD,I.B.(II06) N 71057'05''E 558.73' 540.73' N 71057' al'E 86.04' BLOCK 106 AREA: I. 211 ACS. 60.10' 81.38' 460. 70 ' 167,06' 16 z 'i- lil~ 15 ..... l!l" ~ 14 ~ ~. K~ 13 3: z U) o o CD N o ~ 1>_ 0_ ~gl I~ ::0 ITI (J) ITI ::0 < ITI ~ 19 ~il!!! ii: (1101 ~~ ~CD F'" fIlr- !~b 0(") :.." i_ 17.00'~- !IIN ..- ,... 6~ ;c fIl:U I~ !~ ).>> ~ -t r" If 70" 51' 4O'E 100.00' o o o ~ (!) z 9 6 22 STREET 11,00' PL/-\ N !!Iii ~~ ~ z z - Cia 'i ~ 2 ~8 I ~ . l!l. l!l ~ ~ 1.00' 016.00' _ 50.00' ~ 20 50.00' 50.00' N N 70" 51' 4O'E 100.00' ~ 4 ~ 3 ~ 5 ~ ~ 21 z I> -:: m ~ ::0- 5 ):>ITI ~~O 8::0" N< ):>m- (')~N tn V' (JI .... ~ III . 1??.oo' 016.00' 46.00' N 46.00' 51'40' I 101 (Jl I' I~ I . (JI U) :i ... ""! N 51'40' 46.00' 46.00' 46.00' 46.00' 4.93' 9,82' Z z - \0 ~104~~I05b , l!l . 0 . lII! 46.00' 52.70' 97,70' 40" E ,.- ~- ,.- I ~I03 J> " --I S;C ~ ~. Z Co') SEe 'Tl () r..: i C - :3 46.00' '46.00' N 46.00' 016.00' 90. 700 z ;~ 88 ,8 .i ...- r.i I ( DA R L i I~ GTe I~ ) {.t, N70052 'ad'E 380.25' tc. rt1 -; m =eJ>r ~~o ZoO 2" oD J>= ~\D .. I....... ,-, '_I co/\'c/:ss/o/\' N720OS'25"E 170.02' N72040'E (PLAN) :~~~1:~ s. W CORNER OF LOT 31, CON 3 N72009'10" E N 7204Q'E (PLAN) ~ 1 ^ '-.' 1..1 I .. ,-\ ...J I I A~_U)WANCE FO.(WIT.) \.37' N_ O,Q6'W. 1\1" .v. N70052'OO"E FD,IllI.tl. zz I 'i.- ::,N~ "~8 ';i8 - ~ . !.~ ...... I .., I l r CJ , -, en ::0 m (J) I'T1 ::0 < I'T1 , , ~ I ...."... r.. .....J z U) & CD 8 t: 84 o ao BLOCK 107 ~ ::0 o z z c.' .~ J:> OCol ,.., CD..... ....., -.. ~" -!11 z .. 6 8~ 'i pO ~ ~ (") ~ OI~" -- so= - VI EUi oil ~l:l z-l G) AREA = 3.038 ACS.. N (JI (II ~ N ~ 160.7\ N70052'OO''E 68 N 70"51' 4O'E 116.57' BLOCK 122 (I' RESERVE) AREA = 0.002 ACS. 67 N 70"51 '40"E 125.00' 66 N7O"5I'40'E 125.00' 65 17.00' 202.29 FD, 29' / 49!l.46'(PLAN) LBLOCK 120 (I' AREA.o.OO2 ACS. RESERVE) BLOCK 108 AREA.I,0Q4 ACS. -09'10. '80.00' FO,I.B, FD,Ill'I.~, FO,0IB. N 72'j40' E (PLAN) L N 7jO'E (PLAN) BETWEEN LBLOCK 114 L_ BLOCK 115 BLOCK 116 BLOCK 117 AREA=0.018ACS,- -AREA=0.023 ACS.- -AREA=0.023 ACS,- -AREA=o.OI9ACS.- (STREET WIDENING) (STREET WIDENING) (STREET WIDENING) (STREET WIDENING) .') '. ,: I ') c_\... \.J I &._ zz ~.t1 .....sP' E -~ ;;8 - F'" . ~~ 247.64' 236.96' 160.19' Z Z iii Ui o 0 CoIO .... (J) tiN o '=D : F'" :If J> ~ &11. &2' ::0 I'T1 ~ ~ I'T1 J>m ~r .0 PO 8" 41 N ?Z-09'al'E lOG!. 70' 42 N ?Z-09' al'E 101,73' '" \0 !J' .eo '" ft. ~~ :1 ft.. 8S '=i I> - ~o 'U) S. E CORNER OF ~ j;'<- LOT 31, CON. 32;J 6'{.<il ...ot;~" 501. 61' 66,00' FO, -fsE"Tl/ - - L -- N 72031' 1:3"E ' , 2730,11' 730727 - - - -----it-- - - ------f). &11.&2' N12009'10"E N 72040'E (PLAN) R ') 1\ ,.. I \ 1-\ L) FO,01B, CO~JGESS:ONS 2 AND :3 If L- -r, J1VG I . ~ /8/ C H. ~~~ cv-""",p L- iE Te"t> i PLAN M I CERTIFY THAT THIS PLAN M-_____ IS REGISTERED IN THE LAND REGISTRY OFFICE FOR THE LAND TITLES DIVISION OF riEWf.ASI..LE _LN~ .1.01_ _ _ _ _ _ _ AT _ _ _ _ O'CLOCK ON THE___DAY OF________19___AND ENTERED IN THE REGISTER FOR PARCEL _ _ _ _ _ _ _ _ _ SECTION _ _ _ _ __ AND REQUIRED CONSENTS AND AFFIDAVITS ARE REGISTERED AS PLAN DOCUMENT NO.____________________ LAND REGISTRAR APPROVED _ _ _ __ __ ASST. EXAMINER OF SURVEYS THIS PLAN COMPRISES PART OF PARCEL 31-1 SECTION 10-3, NEWCASTLE (DARLI NGTON) PLAN OF SUBDIVISION OF PART OF LOT 31 t CONCESSION 3 TOWN OF NEWCASTLE (FORMERLY TOWNSHIP OF DARLINGTON) REGIONAL MUNICIPALITY OF DURHAM SCALE: I INCH = 100 FEET J. D. BARNES LIMITED, Surveyors 1979 OWNER I S CERTIFICATE - PLAN OF SUBDIVISION THIS IS TO CERTIFY THAT: I. LOTS I TO 105 BOTH INCLUSIVE. BLOCKS 106 TO III BOTH INCLUSIVE, STREETS. NAMELY ABBEYWOOD CRESCENT, ALDERBROOK DRIVE. GOLDPINE AVENUE LONGWOOD COURT AND MOSSGROVE COURT, T,HE STREET WIDENINGS, NAMELY BLOCKS 112 TO 117 BOTH INCLUSIVE AND 1 RESERVES, NAMELY BLOCKS 118 TO 123 BOTH INCLUSIVE HAVE BEEN LAID OUT IN ACCORDANCE WITH OUR INSTRUCTIONS, 2. THE STREETS AND STREET WIDENINGS ARE HEREBY DEDICATED AS PUBLIC HIGHWAYS, DATED THE. . . . , , DAY OF , . . . . , . , . . 1981 LEGEND I. BEARINGS HEREON ARE ASTRONOMIC, DERIVED FROM MINISTRY OF TRANSPORTATION AND COMMUNICATIONS CONTROL MONUMENTS 730726 AND 730727 AND ARE REFERRED TO THE ONTARIO COORDINATE SYSTEM ZONE 10, CENTRAL MERIDIAN 79" 30' WEST LONGITUDE. 2, ALL DISTANCES SHOWN HEREON ARE GRID. (SCALE FACTOR 0.999915) 3, WHERE COMPARISONS ARE SHOWN. THE PLAN DISTANCES HAVE BEEN CONVERTED TO GRID. 4, ARC DISTANCES ARE SHOWN ON THE CURVES. -0- -o-SSIB -- FD, WIT. .... C.SM PLAN 1005 1106 DENOTES I"SQ. 4' LONG STANDARD IRON BAR PLANTED DENOTES I"SQ, 2' LONG SHORT STANDARD IRON BAR PLANTED DENOTES 5/8"DIA. 2' LONG ROUND IRON BAR PLANTED DENOTES SURVEY MONUMENT FOUND DENOTES WITNESS DENOTES CUT STONE MONUMENT DENOTES PLAN IOR-796 DENOTES DONEVAN AND FLEISCHMANN CO, L TO, DENOTES MERRI LL DOUGLAS BROWN, OLS, SURVEYOR'S CERTIFICATE: I CERTI FY THAT: I, THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WITH THE SURVEYS ACT AND THE LAND TITLES ACT AND THE REGULATIONS MADE THEREUNDER; 2, THE SURVEY WAS COMPLETED ON THE 30th, DAY OF MARCH 1979. DATE: , . '" .;31 - - - - -..._~ - - R. J, VISSER ONTARIO LAND SURVEYOR SeliE i)tM.. t. ,g-I 18T.-76048 . J. D. BARNES LIMITED, Surveyors Cadastral, TORONTO Geodetic, Photogrammetric BRAMPTON and Engineering Surveys OSHAWA EDMONTON DRAWN BYW,FC. CHECKED BY: D.G.S. SCALE 1"= 100' REFERENCE NO 78- 2\-116-2-A PRC, 81 - :3 I - 295. 0 I I PLAN PlastiC Ma terla I Gau ge Process nk MATERIAL - Crona'lelt - 0,004 Inch - Photographic - Special "T" SCHEDULE AREA AREA AREA AREA AREA :'~, OF AREAS = OF LOTS OF BLOCKS OF STREETS OF STREET WIDENINGS OF ONE FOOT RESERVES TOTAL AREA LOT NO, 6 7 9 10 II 12 13 14 16 17 18 24 25 44 45 46 47 48 49 50 51 58 59 60 61 62 63 115 116 117 118 119 141 142 143 144 145 148 149 150 151 154 155 155 156 157 158 159 168 169 170 170 171 172 173 174 175 176 177 179 180 181 186 187 188 189 193 194 194 197 201 202 203 204 204 20S 206 207 208 209 210 211 213 214 21S 218 219 BL,A BL.A BL.C BL.L BL.L RADIUS IN FEET 200.00 200,00 60,00 60,00 60.00 60,00 60.00 60,00 50.00 50.00 50.00 200,00 200.00 50.00 50.00 SO.OO 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50,00 50,00 234.00 299,62 299,62 299,62 299.62 265,62 134.38 334,38 334,38 334,38 334,38 334,38 334.38 334,38 299 ,62 234.00 315.62 315,62 315,62 315,62 315,62 250,00 250,00 250,00 449.62 449.62 449.62 449.62 384,00 384,00 384,00 400,00 28S.62 28S.62 28S.62 SO.OO SO.OO SO.OO 50.00 220.00 400.00 220.00 400.00 SO,OO SO.OO 50.00 SO,OO 60.00 60.00 60.00 60.00 60.00 60.00 1SO.00 400.00 200.00 200.00 200.00 134.38 134,38 26S.62 299.62 234,00 384.00 449.62 CURVE ANGLE o ' 2 6 38 12 39 38 64 10 55 44 51 13 37 48 56 44 36 42 38 3 27 64 10 S9 44 36 40 47 9 23 52 58 4 15 I 52 16 59 I 30 9 48 23 27 58 19 II 17 19 II 17 19 II 17 24 55 4 28 54 28 2 5 25 22 56 4 1642 16 25 5 32 23 31 30 21 24 28 57 26 46 16 57 54 5 54 35 7 3 52 6 59 44 o 53 52 12 54 49 32 0 33 I 53 26 7 49 49 5 51 17 o 1844 8 35 27 8 30 56 23454 I 021 1 17 16 426 10 73430 73430 73430 7 7 21 II 37 6 15 2S 44 7 14 12 95045 5 18 46 4 52 2 5 8 32 8 10 28 7 33 58 7 35 46 6 21 47 6 38 8 8 15 9 o 41 14 2S 3S 27 50 42 19 54 38 II 29 2S 25 13 35 46 4 6 47 I 58 46 o 31 56 84655 S6 49 40 50 32 13 652 0 25 16 28 50 20 II 36 36 45 49 33 34 37 53 7 44 4 I 49 53 49 5 28 49 3 2!1 14 9 37 50 18 S7 28 27 49 20 4 II 12 19 6 5 13 41 46 17 19 0 090 o 740 DATA ARC IN FEET 7.37 44,19 67,21 46,97 39,60 46.72 39.85 67.21 38.93 41.15 46.22 52,47 59,28 26,32 20.48 16,75 16.75 16.75 21.75 25,23 1.82 20.01 14,58 21,90 20,53 18.68 50.13 69,29 30,90 36.94 36.S8 4.70 59.87 75,08 11.03 45.70 34.17 1.82 50,14 49.70 15,07 5.26 5,26 24,44 41,73 41.73 41. 73 39.24 50.70 67,32 31,58 77.26 41.69 38,20 40.35 54,79 50.71 50,91 44.42 33.08 41.14 3.43 22.33 44.25 47.68 25.68 52.21 28.72 7.60 3.72 7.66 49.59 44.10 5.99 26,47 52,71 38.34 51.90 39.67 46.15 52.2!I 38.26 11.94 33,62 66,18 6S.26 9.82 88.S5 71.62 70.72 1.01 1.00 = = = = 26. 591 6.431 11.150 0.572 0.035 ACRES ACRES ACRES ACRES ACRES = 44.779 ACRES " "1-'-- L_ 1_/ I CHORD IN FEET 7.37 44,10 63.75 45,78 38,89 45,55 39.13 63,75 37.95 40,00 44.60 52,32 59,07 26.02 20.34 16.67 16,67 16,67 21,57 24.96 1,82 19,88 14.53 21.72 20.39 18,57 48,06 69.03 30,89 36,92 36,56 4.70 59.74 74,10 11,03 45,66 34,15 1.82 50.09 49.65 15.07 5.26 5.26 24.43 41,70 41.70 41. 70 39.21 50.61 67.12 31.56 77.17 41.68 38,18 40.34 54.74 50,67 50.87 44.40 33.06 41.10 3,43 22.15 42.82 45.89 25.40 52.08 28,71 7,60 3.72 7,66 47.58 42,69 5.99 26.25 51.03 37.69 50.30 38,96 45,02 50.62 38.24 11.94 33,58 65.87 64.62 9.82 88,14 71,45 70.45 1.01 1.00 -;1 r" -. / ,_,I L BEARING o . . N 69 48 19 E N622511E N842245W N 41 6 II E N 0 13 54 W N 41 26 43 W N 82 46 48 W N46 559E N 75 55 21 E N 30 2 20 E N20123W N46222E N 62 22 28 E N 85 39 37 W N 67 31 29 E N 46 I I 52 E N 27 0 34 E N 7 49 17 E N 14 13 54 W N 41 8 40 W N 56 38 37 W N 7 57 15 E N II 51 55 W N 32 45 49 W N 57 4 20 W N793219W N 61 2 4 E N 79 20 56 E N884645E N821731E N 75 15 43 E N 71 18 55 E N 64 24 35 E N 35 8 38 W N 18 II 39 W N 13 20 2 W N 6 29 29 W N 32429W N I 236E N 93548E N 15 8 42 E N 74 4 I W N 74 12 29 W N 14 13 4 E N 8 12 44 E N 0 38 13 E N 656 17W N 14 17 12 W N 12 2 20 W N I 29 5 E N 1249 3 E N 84 18 36 W N 88 6 38 E N 83 I 14 E N 78 0 57 E N 80 21 51 E N 88 14 4 E N8411 5W N 13 15 16 E N8375E N 75 40 27 E N 71 12 15 E N 3 14 35 E N 34 S4 18 W N 87 34 33 W N SO 23 39 E N 77 39 31 E N I 30 27 W N 8S 26 46 E N 34949W N 82 S8 34 E N SO 10 17 E N 3 30 39 W N321246W N 22 32 17 E N' IS 16 2 W N584430W N 78 10 20 E N 34 26 59 E N 6 31 3S W NS33030W N 16 23 S8 W N205059W N 27 22 31 W N 41 40 II W N S2 45 46 E N6846 2E N48248E N 81 25 S W N 83 30 37 W N 76 21 7 E N 75 30 32 E -'" ..- {....i --' . , ~ [ L18.00 S! ,+1.00' l/~ ~CD ~r "0 9(") g^ J> ~(j) 'i8 ~~ ~~ .... <I", <"~, ~ ' 10 '.te.Jt, ~ "" r~ .. -~,.. ,... I, 1 ,..J - I..... 1-- 2 I V 1\ ,.., -' 116.99' 50.00'. '15.00' 45.00' 50.00' ~ 40" E B ~ ~I~ E - 'i- 'i ~ 2 li!~ I li! . 13' 13 . ~ :E 1.00'--, I 17.00'J> 50.00' ~ ~ :::z::: : ~~ ~) .f. ,,'0 ,~ . 59B60 FD.I.B, (1106) \- -BLOCK S ( I' RESERVE) \ AREA= 0.002 ACS. N 72"28' E 65.63 N71.57'Q5-E 10.01' 60.01' 60.01 . &01 ' 65.63 Y'" .. BLOCK B AREA= 1.211 ACS, 60.10' 81.38' 460. 70 . 167.<16 . AND WIRE 1321.2S' (PLAN) 1321,04' zz iiiUi o 0 1>10 ~CD ~g' ~ FENCE-''\.. ~.~ ~,37" ~ l:l: z z z z ~ :, ,<0- 8 'i (5 'i Q 'i (5 'i S 'i li f'). 62 .~ 61 . ,~ ~~ 67 ~~ 66 ~::: 65 ~ 64 ~m 63 :!!t~ ,!.&!.;. ..d 66.IZ' . c'l; . '" . CD ' 8 8' . ~ '3: '1'-:_'" M ~.c,'l"" 8. ' 8. ' ~ ' 8 ' , 435' ~ ~ v ,~. ~fi, ~ :E ~ - , .~ 8 ~ ~ ~ ~ I ~.\3' '".e,,' ...~h'l-~ 60' ~ ~_~_ 60.00' 60.00' 60.00' 61.00' ~ . <b ~" ,(IV o{)'~ ~ Gl ~ 16 ~ ~ 70"52'00'E 10> ....,...o~~ .' ~_ ti!<Jif' ~ ~ 17 ~~ ~--! C RESC ENT I'" ~ffi. 'fl~ ~' 59 ~ ~ <o~ ~ BROADLANDS 101 "". \. 14,!l8 - 1 14.74'~ I"'. * " N68.32'40'E ill ~ I ""'o~~ J.~ 8\,98' 58~ "l 1i?.J2' . 38.93' 60.09' -'00' 70,00' 'lr;,.,) ~ N 7f1'52' OO'E CD /0./2, ?a'. "~~C9' ,'.1" 70" 51' 4O'E "'" u ~ 1\>;: 90,97' 57 ~ l'l! ~ ,~t9. /8-/ COU R T tJ.!"'.N7f1'5Z'OO'E' ~ . 18 ~ ,Q, ~~~ ~ N:=:J~~ . t i ~. .~~ 9097' ~ ""'5I'40'E~ 'f:fl.o'olill~ Z '" '55 ~ n IV _~ N7f1'5Z'00'E 100.00' ~1J g .. 90.97' 54 g; ~ 19 ~ ci~ N7f1'52'00'E ' ~ ~ ~ ~ ~ 90.98' 53 g; N7f1'51'40'E 0 z ~ 8 C! N 7f1'5Z'00'E . 100.00' 'Z 0 <ij P I '" 90.98' 52!'e l!l l!l <ij 0 g , ~- '" N7f1'52'00'E ~: ~ 20 ~ ~ 3= 70.00' 88.01' (.!) q 50.00' 'KI.JO' 45.00' ~ i 90.98' 51 ~ N7f1'51'40'E ~ ~ N 700 'p~r~JN7f1'52'00'E . 100,00' c: Z CD 7 z ~ /1 ,,~ 89,87' 50 p q i ~ 'i S 8 8 S +",,<t"1P !;l.N75.44'05'E~ ~ 21 ~~ ~ . 0 ~- 6 ~~ 5 8. 4 ;. 3 """ ~ /43 ~ 80,81' ~ '" ~ '" ~ o / - 49 ~ Z . O"E ~ . ~ ;,'fi. ~OI~' N8Bo ",2 ;;; N7f1'51'40'E 11830283. 00: ~ 737' cfl' /0> ' 13''10 Ul'i . 66. '? _ rE 1,1. ~~. ..' -11.>..8(30' .( 'D. ~ 100,00 '-'r--~":~' ./ 9' 1L3763' 45,00' 45.00' 45.00' 45.00' EO.OO' ,__ ,<'0 ~ I ~ 1 0'/.'6 g..~4,\' N7J"51'40'! .....t. . ~~ ~'3, 48 ~ 13 ~ = ""t: ~.\. ~ ~go \1 ~)'1fJ' ..... Z '-5.315' 2O~l,lT. a,>, g,.,,,. .' ~ ~ ~ \!i p...~~1!fJ' '101 ~ -:"I _ Z u' -051 ~ .,.. ,-P r 22 . 0, / I~ m ,I.: - S 'i 8 ~ 1! ~.s;. 'cr;. ~ 47.' ~ 4" I~ C ~ 42 ~ 43 li!~ ~m '~~46 "ef.1~~ ~ ' \~" I' N ),,51'40' g 8 ,:',.. 0 ""~., ~ ...0 ~!b'" '<~,'-" "'4~8 A".OO' '''.00' ''',00' 52.70'.., 1 :E 44 ~ 451i. ~ :-: .'[0'" ~ ,,,:>V v ..... \".' ,,4.93' 45,00..... ........ l~ 00" E ~ .0" lil .< ~.Et>>:z,E>' 9,82' z z z 1.00 60.00' 6 00' EO,OO' 136.0 ' ~.74' :\). '~:Ii . CJi"<c, ~ '\ . 'i IS! CD 40.00' <10. O' 40.00' 40.00' <10. I)' 38:74' I. -1'.t, ~ 23 f:>\ .<a..~ .-*"~ iP~ ~ - ~ ~ I'\) ~ ~ I'\) IS! ~ ~ I'\) li! 8 I'\) 6 z 10.&: ;.>. ":> c.. '\ "{' U':: .,. 1'\). b& I'\) ,8 ~ . 8 ~ ~ ...... ~ ~ '" . ~ 0 z ~ . tk"Z<..... -J ~f:>'tP ~~ _ ~ ~ cD ~ ' 0 B . 'v 0- - - -8 ":,0 '!ooe. 24 -rt, _7 ~":> ep. =.,'to(J) "":E:E :E - 8 8 8 8 8 8 0 P ~ '" ~:\' y- ~ '" ~ 0: U', u: '2.5 S~'2.4 S~33 ~~32 ~~31 ~~30 ~~29 8,28 8.27 826Glg25 ,-: l' :';)0.'>. tP <t-.'9" 1J.:IE '15.00' 45,00' '15.00' 45.00' 52.70' w w . 8. '8 '1-':1 ~ ~. .,. ~ ~s;. ~ , . 45,00' 90. n' 97.70' , ~ ';t' ,- <t-.~ /. dl' ~ _.:~~ - . 40" E " 0.82 <;,'l.-A \~ / ~ ~,~, t5' (t. \."'l !$~ N 700 5 I A^.OO' 40.00' 40.00' 40.00' 40.00' 40.00' <10,00' 59,28' "-"", . \~~ ()//f1Jft;~ $- ~~C\ -u:. ~ ~~. .~-rz: ~ Ii t IE 50.00' <10.00' 40.00' 40,00' -.v ~.'-- \",. /~ ~...'., '" oJ ~ ftg' ~ ~1. ....N. 207 "', e N71"'52'00 E I \ ~ ''''.,~ o' , 4\," 208...",:..:t '01 ~\ ....,,,,. '., P~.~';.,. 'CO. ~ll&~Of>"Eo l!l -1I'>d. 8 ;:~ 206 ......... DEVONDALE ~:. !' ,'~. "''''_ ~ 1I \0&:15' ~ 1/18. ,.E ~ I "'. ~. ftJ'ffl, fIh.~' ~ ;" ~ -; '" cid~ 214' - f.>e.~'Jt, :.\' .l. !)l.90' ~ ' N7.l"52'OO' 87' *:1 1421>1t- &. ~ N70"51'<IO'E I3z t.>Y.fo ~.so.~, a4',t "'4<t~"i..~''f., Z III 50.00' <10,00' <10.00' <10,00' <10.00' <10,00' 40.00' 40.00' 40.00' <10.00' 40.00' '- 59. 3> t<: !" r::~- 100.36' ~ -: .., P. '" \\\," '" . Z 0,62' ~ c:~ L z 65~62'-- ~ 213 ~ ~ 209 ~ 8 - S - 8 - S ~ ~S8 ~ ff" ~I"~ ~ "A:b ,??.oo' :Ifl i."''''6 :.. 205 ~~ ~~ ~~ ~o..::,g 8 r;),37~CE!~' -N7f1'51'<IO'E.. "J/\'-sro N ~ ~ -fri IA':1I 'O-$N!l!~ '" 100.81' 'O~iP .Lot) 51'40'E ~ ., -"w 1>1 ~ ~ Ie N '40'E 0 ~)j;"r.Ja ,;, ~ N7f1' N86. L' "',_ _""_ ~ ~~. '\.. L-. 107.54' 40.00' '^.OO' 40.00' <10,00' 40.00' <10,00' <10,00' 40,00' 40,00' bO.25' . ?l)'IO'fo.11.?5.:6.?- -(-1 ~8~ 210 ' ~ ~ r. ~/ 204 -.v 7f1'52'~ -E 80,25' !i?8 a:l.5I' ,'0 211 ~' CD 'Ii ~ ~r8" . !~ '44 '. ~ ~ 129.38' ~ i. ~ ~15,99' N86-~. ~ ~ '"' '" 101,83' N '""'51 '4O'E v. o'/.~\,,;'E:tii' N7f1'51'40'E ,... 10'( '#. ,. .' IV I i''''''' Cp' 123.65' ~~r~8 ~~ ! ~ i :;;/i MOSSGROVE g:co~~/ri" i , ~, 10't'.:r ::. " " "I . 00 .c\ 203 ~ ........ I~,~,.. _ _ z 0 or "'I ...... NI<:..J:lI.!!I E I /1)"11\..:'" . .~~~. "E~ ~ 'l}I~. ~~OO. 7;. '- '.7 -.. -tI '~147 !:!! N86-,rv.~'/o't' ;:::!i;; cD li!~ cD ~ 1'\)8li!r~ \~ ~ /~~~:t.t'J,. N86- 8.;' -.J ~. vv.t:b." :>(j (J) B . cD " 13' - '/\l., ~ IV ~8 I~:'./O'( ~~ <' :;,8 '96 ":E :E ~ ~ ~ '48 ~, l.u; . N ~?l)'IO'( 8. 66.8' 0.00' 0.00' 67.94' N ~~~~'E 0= N86-?l)' I"': ~ ~ ~~ .t:b' 4.58' 40,00 40.00 40.00 60.17' T , ~/O'( / ~ ~ '95 - ~ : t:b' _ c:;r N86-?l).. ~~;(~ ~ ~ ~_ /I) ".0_'49 65".-6;" ----g I~~,/O( ~5/'::!'i-8_ 'io,^ 'i8- ~8 ~ /:;" 188 '-.; 'r,..,.. ~ c;" . cD ~' ~ p....... ~' cD CD' ..... 0 C\i ~ 11 9?;9'~.. g , <if Ia.. .:>~ (Jj '" ~ ~ '" ~ - ~ ~ 0 .8 cD 1" JI O' .... . f' . C\i""" ~ ",,,, ~ ~ . ~ . fj:J' ~ -'"' , Jjf~ I.~- lb."'.., ~.~, ?6____.c:J ~ , ~ ~ ~ ~k__.. .0.' 'w~ 60"" "U "" .~;'~81 "86026 f" 9.02J ft....... 4?!16. 'b' ~}.......~ R :r Cll Cll' '01 ' 10'( 52.2/ . 40.00' 40.00' 40.00' .",' R Jjf 1 6" ~. 'Jt, ~ ~ l<t' .(j.~ A eel:' / /1'220,00' N 0" 51' 4(l E 'oi .~c:o c9 ~..1 1 ~^" "l'~/ c.;;; 'rWo . I lI'~' ~ ~' 1l{iq)~'~,~.~9".... ;., / N860, ~, OD 5: CRESCENT 6~: \. 1$ N......51.<IO.E I, A, I~ .,.. ,," 0;, 49., 10'", ",I "'I ...... .1.- IV ,"" , '. ~ V~ 6'$' .0',,,, .. WI '" ~ ,.. 116.51' ~ C:9 .,.. .6-' ~jl1" ~.~. R.2B.....62. I 7""51'40'E _ '>.to'~ '..----7 ~. Iq) ".1, ~..... , \,!" 3~' v ,~~.>-y'.... - J ~ .co. ~'Jt, cSi ,.., ,t ~ 3.08' 4/,/4' t"'L'4I,57: 100.00' Yo. 1>1 ::t '" Jjf~ 1$::. ~~41 /. ~ ,.., /I) ,9.06' 3.43 ____ _~ ~ ~ +~ lco ..1.1, v .' 0 ~'V - J:l8 ~ ~. !' z z a ~ 65.62' "! 09 $ 'q), ~.Jt, 12 ~ ~ ~f ::, g _ J:l ~ ~ ~. 'i S 'is 8 182 ~ '':>6'' I.~_ ~~ ~ <5 fi8fJ ~ ::, ~..:- ~ ~ (J) li! 2 (J) li!8 . ,i"/, J\I.>j~.>."""" ~,<) ~'" .~~, O.,;'je',O.~ ~ ~~ 0 13' 13' N7f1'51'40'E .:>/ () ".1,/. - ,j. OV ~ !s'~ qa,~t:b' "'-04/'0,," c: :E i 100.00' .tt> ~ "TJ +' ~ Iv /65,," ~21' ~ 57.23' 45.00' l!lb I / V "'0 'If Q) r.n.~ i\::::~ ,w 4.1J<?' W 49.39' ! J\I >.. _ /:' '00, 1 ,,4. ~ ..... tfll"ci. "" .8. ~ N 7f1' 51 ~'E ~ '-! , '-... :J.,t " . 9$ ~ ~. 1\:,/ ~ '~ ..... 102.23' 0 t:;.f'; ~<'6'. 9i.,>/'~~o.oo' tJ;"IIr;;:~;'f!' ~ +"'~ ..... ~.J~ .:;4 BLOCK F 0 I$~,a.~ ) ~I ~"'~o', .9/. +.... ~1Il1: ~ AREA.0.347 ACS, -11,>6'0 v /(J' ~ " r /~): ljo 50.71' FD, N 7O"34'15'E ~ /o~ ~.~.~' .}c.y:o<II' .38.f,(;b' 54.79" N -34' 15-E ,w ~ 2$,. .9.... '''. '~i'" ":10 ~ ' fU~ I.~_ " -':;00':- ljo '" 101_1 N 71004'E ~ N~~ ~~~ ~ ' Z Z ~'CD l .J4'.J ~ .:> " ~f ?? iO~ _, '%Cj- +'W'* ~ 09..J0. 0.... ~' <Ii> '<'6. 'f.49,6,?' "':, Z :::1IJ> CD g-",~ BLOCK C ll-------!' 157 .... 1;-. f/.69' ~ 'i-'~~r ~G!g AREA. 1,004 ACS. z ~. ~~ N~ 0 E::~ ~3B.2Cf 4O.3!1' ~;i~'00 ~8 - 'i~~ IZOJ9,t:b.( ';!!' , fG.j~,'94'Jt, l:ii? ~, z 1.01'--' ~~~ ~~ !=E I ~"!~,; lJ 'i'71!2* 'i- ~ g: !" > I '" 158", C\i /6n . - ~ 81 - '" ~ - .:g ~ r t . '" ~ -i;7 81.... -......"""'(;i ~ .,.. ~V;[.) ~7~i;;;~jC:~::'''''''' ...~~:..,:='~~j.~;".~ i' ~: .~~' ; ~~L:~~. t ~ : N72"40'E(PLAN) FD,~I.B. N72"09'05'E~ 65.82' :JN72"09'05'E ~ IN7204O'EI N7f1'.~'25'E.A ~ I r- 80.12',' ~ 103,67' ----- 100.20' (PLAN) 84.19' { FD.~ I,B. ~ N7~12'40"E l;; c'l; If:; c ~= [T\ > OJ IN~~~itli9:99 ~ N~~05'E ~ ~ N;::05'E ~ ~ i ~ ~N I - :0 r- z 102.70' 100.15'. cl. OJ ~ 0 Z OJ, zZ ~ ~ If:; c ~- rt. ~- W iii ; P (") ~! Cj~~ ~Cj!-m ~ 161 ~ ~ ~~ 166 Cl - 10 - - 10 ~ ~ z ~" ~~ O~~ ~ N72"09'05'E 'i 'i' N72"09'05'E ~ ~~,. ~~ ~ U ~ n- C "'. ;!oji! ..J~ ~ 101,73' ... ~ ~l. 100.11' ",~r2 ~~ 0 d ; ~ ~~i_ iUi -~ 162 ~ll: ~p 165 ~i ~z- i - --J~ - ~. N72"09'05'E' ~ ~~ N72"09'05'E .. CD ~ ~ ~ z~ 100.75' 100.06' 8"0 o 9 I ~ ~ p 163 g ~ g 0 164 ~ ~ I 2 ~ 8N72"09'10"E8. : '8N72"09'05'Eo' ~8N72"09'05'E~~ IIN72"09'IO'EI )' 80.00' "f . ,. 99.61' I. 1" 100.01' r I' 82.11' ~I _ L-: j =-' _H.4l'1'L.....; 615.62' ~ onn.nn'. --: . FD,I.B. ~ -ne09'IO-E FD,I.B, FD. r---N -ne09' 10 ~ 2615,07'/ ~ III -ne09'IO.E FD,~ I.B, 80.00' N/72"40'E (PLAN) FD.01.B FD.01,8, 82.00' N 72'40' E (PLAN) N 720~0'E (PLAN) BETWEEN LBLOCK P L__ BLOCK 0 BLOCK N L-BLOCK M AREA=0.018 ACS.- -AREA=0.OZ3 ACS,- -AREA=0.023 ACS.- -AREA'O,OI9 ACS.- (STREET WIDENING) (STREET WIDENING) (STREET WIDENING) (STREET WIDENING) POST ~- 10000'l' 60.01' 60.01' 61,01' N TI-:lroo't, 540.73' ~ ~ IS III 'io ~:-' .0 8"'- :E 70 69 z 'i- ~~ 68 'Ul ~' ~ z z 'i- ~~ .<;1 ~' ~ 85 N 71. 57' O5'E 86.04' N 7f1'5Z'00'E 100.00' ~ o ",. .~ Kg z ;~ ~ . jiC ~ ~ o'~ .OS :-r,9> e: ~":>,~ z 'i- 15 li!~ 14 13' 13.16' c: i r ~1-\' ...I. 39.8$. "''>''ft ,.~ "", .. 61:1..... ~o,. ' 'Cb........ li- /' /-. .~ N 70"51'4O'E /'e:>~iDoO 70.00' "". ~~ '~ z ~. 'i ~ 19,77' li!iQ 9 13" i'.:E i\1 ,-\ I ~ II /~ ~ ~ ~ 70.00' 60.00' 60.00' 86 13 100.00' IIll ~ 12 ~ 87 H0"52' OO.E 60.00' N7f1'51'40'E 125.00' 60.00' 70.00' EO.ClO' EO,OO' 88 72 75 g 8 ~,.. Q,' Ii ~ 100.00' z ~ ~ ~ z 'i- ~S .8 ~. ~ ~ - 'i- S 8 8, 76 li! 8 77 ~. :IE s ~ g 74 8 ~ 73 ,s 71 ~ "ll Cl V) '1 z z ~ ~. ~~~ ~~ z 100.00' h ~ ~ ~ ~ ~ ~ 70.00' 60.00' ~ 0;>" E 60.00' 52' 60.00' N 700 EO,OO' 60.00' 70.00' 89 I z ~. ;9 ~ ~ 78 ~. ~ ~./ -j- I \ _ I S ~ 81 .. 1-\ g 82 ..' 1-' I ." l!l~ i ~~ :E ~ 0 o o Z z 'i- li!~ 8' :E 83 ;; ,.E "" , 4H.00' 51 . g 80 -- ,.. 1>1 (II ~ ~11~ tlJ ~ iD ~ .CD "'ii - -., ~ ~ ~ ~ ~ ~ h ~ )0; ~ C'> 100.00' 84 90 70.00' 60.00' 60.00' 60.00' N N' 52' 00' 60.00' 60.00' 70.00' 100,00' ~ ~ BROADLANDS CRESCENT '01 IUI 10. I"'. I~ I~. 91 100.00' N N'52'00'E 60.00' 60.00' 60.00' ~ 70.00' 60.00' 60.00' ~ 92 z 'i- ~S .8 ~' ~ 10 0 5 2 ' 60.0' ECl.OO' 40.00' 40, 0' 40.00' ~ Ci; '1 ~ C'> N 7f1'5Z' OO'E 100.00' 38 g 39 g 40 s ~ 41 g 37 ~ ~ ~ ~ 93 Z N 60,00' 4O,lQ' 40,00' ~ 70.00' 50.00' N 7f1' 52' OO'E 'jmix>; 50.00' 50.00' ~ ~ ~ 36 ~ , g I"- ~ '1 g94 z 'i- ~S 95 S ,8 ~ ~ . ~ ~~ , fJ :r> - CD ~ -: r :r> ::0 0 o [T\ ,.." ~ ~ I .,,50.00' 50.00' ~ ~ "1,00-1' ~ N70"~ 'OO'E :r> ~::o ~ If ~ L .. ~ .R! 100-': ~ N70"5 'oo"E -'50.00' 50.00' 65,62' _ 65.6L .'" c_ ~ tlJ '1 ~ ~ ~ g96 Z Z 'i- li!~ 97 g ~ . ~ 8- 8(Jj '0 'i8 _ 8 _ 8 - S ~ 8 - 8 ~ ~~ ~ ~ ~ ~ ~ ~ ~ ~ g: ~ en :IE ~, , ~I ':, 0.1 -' " l"- e::. ;;J ~ 50.00' 40.00' N 70" . OO'E IUU,~' 129 l> o '" ,'0 .-.. I ""', ,-,I I 50.00' 50,00' N 7f1'_~Z'OO'E ~ 100.00' ~ R! 98 R! N 7f1'52'OO'E 100,00' i5 l> g ?, N '" - I I/" L_ '../ -".- , , , 10. ,00 :c ..~ ," -"" ~.. :i:' ~ J:! ~ R! ~ '" 128 l> :> .'., ~' ):> < i\'l 2 ('Tl <\~<ij Z Q.---C - ~ 8 ('Tl ~ . ,~ l>. ~ ~ 99 100''''''') 100.00' -7 ..- ~J -,.., I'. :::c ~ ~ ..,." .0 o ,..;,., ,....,; ,\,), l> C ". ~..' ' i\J~j 127 , .J('-'C.,.-oo BLOCK A AREA. 3,038 ACS. 100 '" I\> 100.00' ~ zzR! ~ell~ ""..i~ ~,.:: , p)( N 7f1'5Z'00'E 'tl 100.00' ~=E~ 103 i\'l \z R! N7f1'52'00'E ~ Imi:>'~ 50.00' 50.00' z - 'i- - ~104 li!~I05 ~ . 8 . . :E f: .. G 126 101 ~ r'^ rJ/'r- I Z ,-I-\'\\JC.L_ .. I'! ~.. r.:- ," ':" ~ ,h_\..., ~~ b o ,-, ,'" /' I ,-, r-- (-, (-, I ,..... " , ~ ~, , I,' I , ,.- - .." I I " [\> '_' _/ , " ..~A l__ ,_I ,_I I ../' II J:! .~<o- ~. ~,,:>d,~'fY 3: - ~ ~-;L~{~.r:\:,.~~ : O-:'i (n" ['I I f,,1f'T "III \ \ LJI....''''tL_' I ~\, , '_I, ~ I N N 101..1 0,. 100,00' 102 ., o 125 r ~ ~-: 'vV c: ,1;., ~~.C t_ t~ ~ R! r., N 100.00' ~ 124 J:! N 7f1'5Z'00'E 100 i:>'- 50.00' <10.00' 6~:~2~ 50.00' N 7Q 52' OO'E 1 0.71' ...N fJ6. ...00' 40.00' <10,00' 50.71' ~~ 1/8,29' Z ~ 68:67' - .. ~ 8,-=::= s=::= S-~8-!ON""':' ~ Iv8'v8-C!li-.... ",. Iv ~- .0 ,cD8..(J);-:g::::o8~,s, . = - ;-g" '. 4,70' ~ ;z ;- ~'1l' . <10.00' 40.00' 40.00' .35.31~,,36.58' 36.94' J + '" N 71 52'00' O'!I!JoQ~, R. <99, <'I, CD, III Ul' N 7f1'51' 4O'E 125,00' Z 'i- ~S - ,8 I'\) ~ ' I'\) ~ 187 g ~ :r>:: CD ~ 'r :r:-~o o CIl (") 50.00' 50.00' 8 ~ ^ 1.00:"" z N N'~ 'OO.E r\l < co. [T\ 0 Ol ~~ ~- l:: ",m ~ I~'~' [JtO.OO' 40.00' 40.00' ?/'tie ' 186 ALDERBROOK Z Z -~ III 8 lil . b N'52'CO'E 40.00' 40.00' 40.00' R.~~" 40,00' [69.29' ,A:). Z 10,92' 'ti.?c. g 'i g ~ ,s,1v ~ = li! ~ " ~~ '~8' ,~~ , ~+.... :IE~ Iiii lil ~N 8~ q .~ ~ N 7f1' 51' <IO'E ~ 0 100.00' :- ~ III o. 184 ?- ~ N 7~3..1'''5-E~ ) l . ""_",,,' .1_"'- 125.00' 815.62 l.ge,29' 495,46' (PLAN) LBLOCK K (I' RESERVE) AREA'O.OO2 ACS, 40.00' 40.00' 185 FD.li!l1.8. 0.08' S. 1.08'E, z z z z z 8- 'i8- 'iQ_ 'ija_ 'ig_ 'ig _ g_ 180 li!mo li!~o ~!!30 ~ll:- li!~ = ~ =::= . (J'l 8 ....... 8 ,(J) 8 .<0 8 ,0 8 ' IV :E :E :E :E 9,98' :E 40.01 . 40.01 . 40.01' 40.01 . 0.02' 40.00' 40.00' r-- N -ne08' 25 1='- !l7O"52'00'E 170.02' FD.01.B. N 72040' E (PLAN) 40.00' 40.00' 201! 29' 286.67' 183 N 7f1'51'40'E 125.00' g- :...- "?(Jj :~~~~-:~ "100 I ~ . zz iii- ~ell~ ~ ~oCJI~ ~G!~ ~. ,;8 - .- . !~ ~ z . cl . !!_ rt. ~ o~; ~ i:~~ - CD z Z .j ".'-::: I ') !_'... \oJ I&._ 1>11>1 CD CD "'- N.OI_ 't- - 'tl .- > z ~ ~. 1.00', J FD,I.B.(I106) ,./ ~ :0 [T\ CJl [T\ :0 < [T\ .. I..... -, , 1 '- ...... I ~, I ( , I "''-l r.. ,} ~h S. W. CORNER OF ~Pp- FD (LOT 3/, CON. 3 -g..I(" C,S:M, I \~ ; l--- N72009'10"E -- \~ N 72040'E (PLAN) fr-- E2031' I~-ff-- 3142.J!.!...._ -~ 1\1 ^ '-, LI 730726 , ~ M ",J , I S. E CORNER OF ~ ,0,0 LOT 3/, CON. 3~ 6'~~"~ ~":j.", 501:.!..L_ _~~0.Q'_ FD, _ _ (SET) / L N 72031' 13"E . ' 2730,71' 730727 - - - - - ---? r-- - - -- ---l::. 247.64' N72009'10"E N 72040'E (PLAN) o ~) 1\ r-) I \ \ 1-. L ROAD ALLOWANCE CO~J';r:s~j :\)~JS 2 A~W '2 ..' '1 (;i~ -01 P'N (1101 (II"': _'tl .- > z I I i I ~CD ~5 oc) -^ 81 ~- o~ ",:0 Z'" -Ill Z-l e 17,00' 1.:0 I j' --I j- '7' () -" c~ if!!- ).. ~ .- t"i ,.- '-- ...- I ro- il' I {,I) ~~ IX. ri1 , --, c' o;e > CD fi1 :a r P1 ~ zoO 2("') :^ () l/l- j< () -; r.n ::0 fT1 CIl [T\ :0 < fT1 ~~ VI ::0 Q -\ zz '- - ,~ ell '" ' i!::\ t'J .... .~ ~-......... ~~''l Z 2 . ~ ~ ~ J:~ i ztCD o~r pO ~(") (Jj>^ () - - 9' c... - ~. ~Cil --I 0:0 "'", z", z-l G) ~. 17.00' FD, Z Z - Ui , 0 1>10 ~ CD fiN o 'tl .- ~ > ~ '" Ul '" ... Ul LT M- APPROVED FOR REGISTRATION EXAMINER OF SURVEYS PLAN M- _ _ . REGISTERED _ AND ENTERED ON PARCEL SECT I ON _ _ _ _ _ _ LAND REGISTRAR CERTIFICATES. CONSENTS AND DEDICATIONS ARE F I LED UNDER NO. _ _ _ _ _ _ , THIS PLAN COMPRISES ALL OF PARCEL 31 - I SECTION 10- 3, NEWCASTLE (DARLINGTON) PLAN OF SUBDIVISION OF PART OF LOT 31, CONCESSION 3 TOWN OF NEWCASTLE (FORMERLY TOWNSHIP OF DARLINGTON) REGIONAL MUNICIPALITY OF DURHAM SCALE: I INCH 100 FEET R, J. VISSER O.L,S, 1979 OWNER I S CERTIFICATE - PLAN OF SUBDIVISION THIS IS TO CERTIFY THAT: I, LOTS I TO 224 BOTH INCLUSIVE. BLOCKS A TO F BOTH INCLUSIVE. STREETS. NAMELY ABBEYWOOD CRESCENT. ALDERBROOK DRIVE, BROADLANDS CRESCENT. DEVON DALE STREET, FIRWOOD AVENUE;\GOLDPINE AVENUE,LDNGWOOD COURT AND MOSSGROVE COURT, THE STREET WIDENINGS, NAMELY BLOCKS H. J. M. N. 0 AND P AND RESERVES. NAMELY BLOCKS G, I. K. L, Q., RAND S, HAVE BEEN LAID OUT IN ACCORDANCE WITH OUR INSTRUCTIONS, 2, THE STREETS AND STREET WIDENINGS ARE HEREBY DEDICATED AS PUBLIC HIGHWAYS. DATED THE . , , , . , DAY OF . . . . , . . . , . 1979. WITNESS WITNESS LEGEND I, BEARINGS HEREON ARE ASTRONOMIC, DERIVED FROM MINISTRY OF TRANSPORTATION AND COMMUNICATIONS CONTROL MONUMENTS 730726 AND 730727 AND ARE REFERRED TO THE ONTARIO COORDINATE SYSTEM ZONE 10. CENTRAL MERIDIAN 79ft 30' WEST LONGITUDE. 2, ALL DISTANCES SHOWN HEREON ARE GRID, (SCALE FACTOR 0.999915) 3, WHERE COMPARISONS ARE SHOWN. THE PLAN DISTANCES HAVE BEEN CONVERTED TO GRID, 4. ARC DISTANCES ARE SHOWN ON THE CURVES. 1J- 1J-SSIB ... FD, WIT. -&- C.S.M, PLAN 1005 1106 DENOTES I"SQ. 4' LONG STANDARD IRON BAR PLANTED DENOTES I"SQ. 2' LONG SHORT STANDARD IRON BAR PLANTED DENOTES 5/8"DIA. 2' LONG ROUND IRON BAR PLANTED DENOTES SURVEY MONUMENT FOUND DENOTES WITNESS DENOTES CUT STONE MONUMENT DENOTES PLAN IOR-796 DENOTES DONEVAN AND FLEISCHMANN CO, L TO. DENOTES MERRILL DOUGLAS BROWN,O.L.S. SURVEYOR'S CERTIFICATE: HEREBY CERTIFY: I, THAT THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WITH THE SURVEYS ACT AND THE LAND TITLES ACT AND THE REGULATIONS MADE THEREUNDER; 2. THAT THE SURVEY WAS COMPLETED ON THE 1979. DAY OF DATE: R. J. VISSER ONTARIO LAND SURVEYOR SCflE.DV~L B-2 18T-76048 J. D. BARNES LIMITED, Surveyors Cadastral, TORONTO Geodetic, Photogrammetric BRAMPTON and Engineering Surveys OSHAWA EDMONTON DRAWN BY, E,R,R, CHECKED BY G.P. Me, SCALE 1"= 100' REFERENCE NO 78 - 21 - 116 - 0 - A THIS SCHEDULE IS SCHEDULE "C" to the Agreement which has been authori zed and - approved by By-law No. g~",~ of the Corporation of the Town of Newcastle, enacted and passed the ?,.y.'I-J.. day of ~ :-p 1984. CHARGES AGAINST SAID LANDS (1) MUNICIPAL TAXES NIL (2) LOCAL' IMPROVEMENT CHARGES NIL (3) DRAINAGE CHARGES NIL IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVEREO In the presence of: 0-, THE CORP9,RATION OF TH~ TOWN OF NEWCASTLE ~~~--L~ MA R LJ,u~.~.~, CLERK CLARET iv~ ~~ ,. - . THIS SCHEDULE IS SCHEDULE liD" to the Agreement which has been authori zed and " approved by By-law No. f{c.(,~ of the Corporation of the Town of Newcastle, enacted and passed the ;"'''I'--rx day of A-9 - ~ 1984. DEVELOPMENT CHARGES The Owner shall pay to the Town development charges in the amount of $880 (1983 Dollars) for each dwelling unit within the Plan. This development charge shall be adjusted annually in accordance with the Southam Construction Index. The total amount of the development charges for the Plan, or a particular stage of the Plan, shall be calculated by multiplying the total number of units in the particular stage of the Plan for which building permits are being sought by the development charge per dwelling unit in effect at that time. Development charges shall be payable in respect of each stage of the Plan as follows: 25% of the total amount of the development charges due for that stage of the Plan prior to issuance of the first building permit; 25% of the total development charge due for that stage of the Plan, prior to issuance of the building permit in respect of the dwe11ingunit representing twenty-five percent of the total number of units within the particular stage of the Plan, or upon the first anniversary of the issuance of the first building permit, whichever occurs first. 25% of the total development charge due for that stage of the Plan, prior to issuance of the building permit in respect of the dwelling unit representing fifty percent of the total number of units within the particular stage of the Plan, or upon the second anniversary of the issuance of the first building permit, whichever occurs first. 25% of the total development charge due for that stage of the Plan, prior to issuance of the building permit in respect of the dwelling unit representing seventy-five percent of the total number of units within the particular stage of the Plan, or upon the third anniversary of the issuance of the first building permit, whichever occurs first. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED )~ ~~, OF THE (TOWN OF NEWCASTLE In the presence of: ~ ) MAOR ~ ~.:~. ~ ) r CLERK ) ) CLARET INVE ITED ) ) ) ) ) ) l REXGAT,E ~~2JNGS LI~TED -"""" ~, -:---- )/~/~~~~~ J ~,",', _Y, . / c-"-~~~~lf a-r' ~~~~;:~!::R ~~ GLENN HOMER REYNOLDS ' ~ ~ ~ ,THIS SCHEDULE IS SCHEDULE "E" to the Agreement which has been authorized and approved by By-law No. fCf-,rr,. of the Corporation of the Town of Newcastle, - enacted and passed the ~~~ day of ~ 1984. GRANTS OF EASEMENTS TO BE DEDICATED The Owner shall deliver to the Town in a form satisfactory to the Town the following easements: a} temporary 18.3 metre radius turning circles at: i) westerly termi nus of Devonda1 eStreet (Schedule IIB_211) i i) westerly termi nus of A1 derbrook Drive (Schedu1 e IB_2") iii) easterly terminus of A1derbrook Drive (Schedule IIB_111) iv) southerly terminus of Abbeywood Crescent (Schedule IB_2") v) northerly terminus of Firwood Avenue (Schedule IB_2") IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED In the presence of: ~~ ~~ K REXGATE HOLDIN~S LIMITED /~~~/'i~/ /~ -. , THIS SCHEDULE IS SCHEDUL~ "F" to the Agreement which has been authori zed and 'approved by By-law No. fy,..(l. of the COrJ~orat ion of the Town of Newcastle, enacted and passed the 8t--+~ day of ~ 1984. LANDS AND/OR CASH TO BE DEDICATED (1) DEDICATION OF LANDS The Owner shall deliver to the Town in a form satisfactory to the Town, deeds to the following land: a) Block 107 (Schedule IB_1") for park purposes b) Blocks 106 & 108 (Schedule IB_1") for open space purposes cd) Blocks 112,113,117,116,115 & 114 (Schedule IB_1") for road widenings ) Blocks 118,119,120 & 121 (Schedule "8-1) and Blocks O,R & S (Schedule "8_2") for 0.3 metre reserves. (2) CASH IN LIEU OF LANDS -NOT APPLICABLE - IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE 10WN OF NEWCASTLE In t he presence of: ) ) ) ) ) ) ) ) CLARET ) ) ) ) ) ) ) ) REXGATE HOLDI~LIMITED ) //;;:://.---; ~ ~ ) " _::/~:/ ~ ,_c-;"'1~~U-,.1 ~ t"'_,/?/ / /". ) _~,'::U~a-~ tv ~ ~N ER R::N S::Rr~ 'y. TR~SURER h ~f~Us~6&Jk~' ) ~ r~ ' -4 ~J-) ~ M, teiJ ) GLA YS LO ISE WINDL D ) I :rHIS SCHEDULE IS SCHEDULE "G" to the Agreement which has been authori zed and approved by By-l aw No. f</"rt, of the Co~or~t),on of the Town of Newcastle, . enacted and passed the ~Vtx. day of ~ 1984. WORKS REQUIRED 1. STORM SEWER SYSTEM The Owner shall construct, install, supervise and maintain a storm drainage system, satisfactory to the Town, for the removal of upstream storm water and storm water originating within the said Lands, including storm sewer mains, manholes, service connections, catchbasins and leads, open channels, storm outfa11s and any other appurtenances as may be required in accordance with the Town of Newcastle's Design Criteria and Standard Drawings. The Owner agrees to produce Engineering Drawings for the storm drainage system, to the satisfaction of the Director of Public Works. 2. ROADWAYS The Owner shall construct and install the following services on the various streets, shown on the Plan as fo110ws:- (a) pavement widths to be applied to the following streets:- i) 9.75 metres - DEVONDALE STREET, GOLDPINE AVENUE ii) all other roads shall be local roadways with a width of 8.53 metres (b) The grading and paving of all streets, including the installation of Granul ar "A" and Granul ar "B" materi al to provi de a proper base for pavi ng, shall be in accordance with the Town of Newcastle Design Criteria & Standard Drawings. (c) The Owner shall construct curbs and gutters on both sides of all streets, in accordance with the Town of Newcastle IS Desi gn Criteria and Standard Drawi ngs. (d) The Owner shall construct, install and maintain complete sidewalks in accordance with the Town of Newcastle's Design Criteria and Standard Drawings, on the following 10cations:- MOSSGROVE COURT FlRWOOD AVENUE BROADLANDS CRESCENT LONGWOOD COURT ABBEYWOOD CRESCENT DEVONDALE STREET GOLDPINE AVENUE ALDERBROOK DRIVE no sidewalks east side only outside of crescent no sidewalks outside of crescent both sides both sides south si de only (e) The Owner agrees to the grading and paving of all driveways between the curbs and sidewalks, in accordance with the Town of Newcastle's Design Criteria and Standard Drawings. In areas where there are no sidewalks, driveways will be paved to the property line. (f) The Owner agrees to construct, install and maintain Street lighting, in accordance with the Town's specifications, on all streets and walkways, to the satisfaction of the Director of Public Works. (g) The Owner agrees to the topsoi1ing and sodding of the boulevards between the curbs and the property line, as according to the Town of Newcastle's Design Criteria and to the satisfaction of the Director of Public Works. . ,Schedule "G" - 2 - . (h) The Owner agrees to supply, install and maintain traffic signs and permanent street-name signs, in accordance with the Town's Design Criteria and Standard Drawings and to the satisfaction of the Director of Public Works. (i) The Owner shall provide, plant and maintain, under the supervision of a qualified nurseryman or horticulturist (and guarantee for one year from date of planting) one tree on each lot, as per the Landscaping Plan and in accordance with the Town of Newcastle's Design Criteria and as approved by the Director of Public Works. Tree species to be to the satisfaction of the Director, and 2 to 2.5 metres in height and 3 em. in caliper, staked and bagged as necessary. 3. PEDESTRIAN WALKWAYS The Owner agrees to construct, install and maintain completed pedestrian walkways, including all appurtenant fencing and lighting, in accordance with Engineering Drawings to be approved by the Director of Public Works, and shall be: (i ) (i i) (iii) (1v ) paved or concrete from edge to edge; properly drained; fenced and screened; extended to the curb of any intersecting curb cuts at these locations. streets and provide appropriate 4. TEMPORARY TURNING CIRCLES The Owner shall provide and grant to the Town any turning circ1e(s) required by he conditions of draft plan approval in accordance with the Town's Standard Drawings, and construct and maintain such turning circles in accordance with the Town's Design Criteria and Standards Drawings, approved by the Director of Public Works. Such temporary turning circle shall be shown on the final plans as a block and shall be held by the Town until the extension of affected streets at which time the block shall be conveyed without charge to the owners of the abutting lots. If temporary turning circles are not provided, dead-end barricades are to be erected. The Owner agrees to reinstate at his cost those lots affected by temporary turning circles at such time as the affected streets a re extended. CONSERVATION WORKS 5. In addition to the work required by the Schedule "Q", the Owner shall construct, install and maintain certain conservation works within this Plan, such as retaining walls, drainage channels and watercourse channelization works, including all appurtenant fences and all other apparatus, in accordance with the Engineering Drawings approved by the Director of Public Works on the following lands to be dedicated to the Town. . . drainage channel across Blocks 106, 107 & 108 (Schedule IB_1"). LOT GRADING 6. The Owner agrees to rough-grade all blocks and parks, according to the Tree Preservation Plan and the Lot Grading Plan, to the satisfaction of the Director of Public Works and in the case of parks, to the satisfaction of the Director of Community Services. FENCING 7. The Owner agrees to supply, erect and maintain fencing in accordance with Engineering Drawings to be approved by the Director of Public Works. The following locations for fencing are required (all fencing to be 1.2 metres in he i g ht ) a) Blocks 118 and 119 (Schedule "B_"') b) along the rear and/or f1ankage of: Lots 116 to 121 inc1 usi ve (Schedu1 e IB_2") Lots 124 to 129 inclusive (Schedule lB_2") Lots 130 to 141 inclusive (Schedule IB_2") Lots 23 to 35 inclusive (Schedule "B_1) 'Schedule "G" - 3 - 8: EXTERNAL WORKS The Owner agrees to pay one-half of the cost of reconstruction of those portions of Trull's Road and Nash Road abutting his lands. The reconstruction program wi 11 inc1 ude: (a) (i) (i i ) (iii) (i v) (v) (vi) (vi i) Storm sewer system and all appurtenances Installation of Granular "A" and "B" and paving to a pavement width of 10 metres Curb and Gutters and Sidewalks Sodding of boulevards Paving of driveway approaches Street lighting Any Regional works required. (b) The Owner agrees to construct at his cost the external storm water drainage facilities as specified by Schedule "P" hereto. (c) The Owner agrees to supply and erect screen planting to the satisfaction of the Director of Public Works, in the fOllowing locations. (The trees are to be spaced at 3 metre intervals):- i) Crimson King Maple and/or Mountain Ash along the easterly limit of the p1 an along Blocks 118 and 119, Schedu1 e "B-1 II . Trees are staked and bagged as necessary and have a minimum caliper of 2.5 cm. All trees are to be planted under the supervision of a qualified nurseryman and are to be guaranteed for one year. All work to be completed to the Town of Newcastle's Design Criteria and Standard Drawings and as per the Engineering Drawings approved by the Director of Public Works and shall proceed in accordance with scheduling approved by the Town. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED SEALED AND DELIVERED THE CORPORATION OF THE[TOWN OF NEWCASTLE '~~ ~~~ ) . , CLARET INVES 'THIS SCHEDULE IS SCHEDULE "H" to the Agreement which has been authori zed and . approved by By-law No. ICf-flo of the Corporation of the Town of Newcastle, enacted and passed the )..V-tI... day of ~ 1984. UTILITIES REQUIRED 1. ELECTRICAL SUPPLY SYSTEM The Owner shall arrange with the appropriate authority having jurisdiction for the design, provision and installation of an electrical supply system to serve the lands, in the locations as approved by the Director. All electrical services are to be installed underground. The Owner shall also make any necessary arrangements with any T.V. Cable Campany in order that the installation of any such system shall take place so far as possible contemporaneously with the installation of other services so as to cause minimum disruption of municipal services. 2. STREET LIGHTING SYSTEM The Owner shall arrange with the appropriate authority having jurisdiction for for the design, provision and installation of a complete street lighting system to serve the said Lands on behalf of the Town in whose ownership the system shall vest upon completion including all appurtenant apparatus and equipment, in the locations as approved by the Director. The Owner shall furnish written evidence satisfactory to the Director that such arrangements have been made prior to the issuance of any Authorization to Commence Works. 3. TELEPHONE SYSTEM The Owner shall arrange with Bell Canada for the design,provision and installation of a telephone system to serve the said Lands, as approved by the Director. All telephone services are to be installed underground. 4. GAS SUPPLY SYSTEM The Owner shall arrange with an appropriate gas company for the design, provision and installation of a complete gas supply system to serve the said Lands, including gas mains, and all appurtenant manholes, laterals, service connections, apparatus and equipment in the locations as approved by the Director. 5. CABLE TELEVISION The Owner shall arrange with the Cable Television Company having authority to provide its services within the area of the Plan of Subdivision for the design, provision and installation of a complete cable television distribution system to serve the said Lands. All cable television services are to be installed underground. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ) THE CORPO lION OF THE TOWN OF N CASTLE In the presence of: ) ) ) ) ) ) ) ) ) ) ~ Schedule "H" ( - 2 - IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ) REXGATE HO~9}NGS LIMITEO In the presence of: ), ,/.".>c~" ) ".;;,,.;;r> ' , ~;;-:// .- ' ~" / c::::) C/ ~ . ~............ ,/ U~~.~;:;,:{:}( T;,'r'~';lJ\rt.~ ) . :'::'] 7 ,,' ~'//J }4-/ ~4/~<"6&/ GLENN HOMER REYNOLD l ~I~V,(/~~J ) FRA ES MARION STACi ) / ) ) ) ~~ 4~ . .. THIS SCHEDULE IS SCHEDULE II I II to the Agreement which has been authorized and t approved by By-law No. ~~-~ of the Corporation of the Town of Newcastle, enacted and passed the ";l.Cf~ day of ~ 1984. DUTIES OF OWNER'S ENGINEERS 1. DESIGN WORKS AND PRIVATE WORKS The Owner's Engineers shall prepare the following for the approval of the Di rector: (a) the Engineeering Drawings; (b) the Grading and Drainage Plan; (c) the Landscaping Plan; (d) the Schedule of Work; (e) the Staging Plan; (f) the Works Cost Estimate; and (g) the Stage Cost Estimate. The approval of the Director shall not absolve the Owner or the Owner's Engineer of the responsibility for any errors or omissions in the above drawings, Plans or documents. 2. REPRESENT OWNER AND OBTAIN APPROVALS The Owner's Engineer shall act as the Owner's representative in all matters pertaining to the construction and installation of the Works and shall co-operate with the Town to obtain the necessary approvals for construction and installation. 3. PROVIDE RESIDENT SUPERVISION The Owner's Engineer shall provide fully qualified supervisory layout and inspection staff to provide continuous service during all phases of the construction and installation of the Works and the Private Works and to perform the fo 11 owi ng: (a) provide field layout including the provision of line and grade to the contractors and, where required, restaking; and (b) inspect the construction and installation to ensure that all work is being performed in accordance with the contract documents; and (c) arrange for or carry out all necessary field testing of materials and equipment installed or proposed to be installed at the request of the Director; and (d) provide co-ordination and scheduling of the construction and installation in accordance with the timing provision contained herein and the requirements of the Director; and (e) investigate and report to the Oirector any unusual circumstances which may arise during the construction and installation; and (f) obtain field information, during and upon completion of the construction and installation, required to modify the Engineering Drawings to produce the As-constructed drawings. 4. MAINTAIN RECORDS The Owner's Engineer shall maintain all records pertaining to the construction and installation. 5. PROVIDE PROGRESS REPORTS The Owner's Engineer shall provide the Director with reports on the progress of the construction and installation on a monthly basis, or at such other interval as approved by the Director. ~ , Schedule "I" 6. PREPARE AS CONSTRUCTED DRAWINGS - 2 - The Owner's Engineer shall prepare the As-constructed Drawings for the approval of the Director. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED In the presence of: iv~ ~~, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) , -r /~--r~'~~ ) - ) THE CORPORATION OF THE TOWN OF NEWCASTLE r~A"~ ~ YR "~~ p.tl-&;o~. REXGATE HOLDINGS_LIMITED /- ~~ ,,<;>~..//-2----- ~~ ;", ,," ....... · THIS SCHEDULE IS SCHEDULE "J" to the Agreement which has been authorized and approved by By-law No.~~~~ of the Corporation of the Town of Newcastle, enacted and passed this .,.1. ~~ day of ~ 1984. COST ESTIMATES ESTIMATED COST OF WORKS STAGE 1 STORM SEWERS (including pipes, manholes, catchbasins and connections, headwal1s and appurtenances) $387,100 ROADWORKS (including rough grading, fine grading, Granular bases, aspha1ting, curbs and gutters, sodding, sidewalks and chain link fencing) $343,100 HYDRO DISTRIBUTION SYSTEM (Street Lighting Only) SUB-TOTAL ENGINEERING & CONTINGENCIES (13%) TOTAL STAGE 1 $ 13,500 $743,700 $ 96,700 $840,400 STAGE II STORM SEWERS (described previously) ROADWORKS (described previously) HYDRO DISTRIBUTION SYSTEM (Street Lighting Only) SUB-TOTAL ENGINEERING & CONTINGENCIES (13%) TOTAL STAGE I I TOTAL ESTIMATED COST OF ALL STAGES $205,200 $343,800 $ 13,500 $562,500 $ 73,100 $635,600 $1 ,476,000 The Performance Guarantee has been based on Preliminary Estimates only, and, when the final Engineering Drawings have been approved by the Director of Public Works, a revised Cost Estimate of the Works, Underground Hydro, Engineering and Contingencies shall be prepared by the Owner's Engineer and submitted to the Director of Public Works for his approval. This revised Cost Estimate shall be used as a basis to adjust the Performance Guarantee, if the Estimate increases or decreases. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED )ZHE CORP, ATION OF THE(TOWN OF NEWCASTLE In the presence of: ) ) ~ ) y ) ) ) ) ) ) ~ ) ~ Schedul e "J" - 2 - IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED) THE CORPORATION OF THE TOWN OF NEWCASTLE In the presence of: ) ) ) ) ,,' ",,,,,/J../"7 A ~ / ,_? ) , .;y""F~ t::/ ./ ~ t-e:::/' ),/ / /' /' -j A~a-'~ t:~~kSE~::;~__ ) ) ) ) ) ) ~~ tv~ . .. , , THIS SCHEDULE IS SCHEDULE "K" to the Agreement which has been authori zed and approved by By-law No. Bfot,-fto of the~ion of the Town of Newcastle, enacted and passed this ~y~ day of ~ 1984. INSURANCE POLICIES REQUIRED 1. TYPES OF COVERAGE REQUIRED The Owner shall obtain and maintain insurance of the character commonly referred to as public liability and property damage with an insurance company approved by the Municipal Teasurer and duly authorized by law to underwrite such insurance. Such policy or policies of insurance shall indemnify the Town against all damages or claims for damages for: (a) (b) any loss or damage that shall or may happen to any of the Works or any of the Utilities or to any part or parts thereof respectively; and any loss or damage that shall or may happen to any of the materials or any of the equipment or any other things used to construct or install any of the Works or any of the Utilities or any part or parts thereof respectively; and (c) any injury to any person or persons including workmen employed on the said Lands and the public; and (d) any loss or damage that shall or may result from the storage, use or handling of explosives; and (e) any loss or damage that shall or may result from the drainage of surface waters on or from the said Lands; and (f) any loss or damage that shall or may result from the disposal of eff1 uent from any sewage disposal works; and (g) any loss or damage that shall or may happen to any public road or to any other property of the Town or to the property of any other person either directly or indirectly by reason of the Owner undertaking the development of the said Lands together with any or all of the Works and Utilities pertaining thereto. 2. AMOUNTS OF COVERAGE REQUIRED Policy or policies of insurance shall be issued jointly in the names of the Owner and the Town and shall provide the following minimum coverages: (a) $1,000,000.00 for loss or damage resulting from bodily i nj ury to, or death of anyone person; and (b) $2,000,000.00 for loss or damage resulting from bodily 1nJury to, or death of, two or more persons arising out of the same acci dent; and (c) $1,000,000.00 for anyone occurance of property damage. The issuance of such policy or poliCies of insurance shall not be construed to relieve the Owner from responsibility for other or larger claims for which it may be held responsible. 3. EXEMPTION OF COVERAGE PROHIBITED The policy or polices of insurance shall contain no coverage exemptions or limitations for: (a) any shoring, underpinning, raising or demolition of any building or structure; or (b) any pile driving or caisson work; or Schedule "K" - 2 - (c) any collapse or subsidence of any building, structure or land from any cause; or (d) any storage, handling or use of explosives. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED) THE CORPORATION OF THE~ TOWN OF NEWCASTLE In the presence of: I ~ ) ) ) ) ) ) ) ) ) ) ) ) ) REXGATE HO~81NGS LIMITED ~ ,,/,:'_~/;?"~/7- ~ /~ ~.. o!~~. - '~ _ t~~~~~::: ~~~~~ ) ) ) THIS SCHEDULE IS SCHEDULE "L" to the Agreement which has been authorized and approved by By-l aw No. <;<I".s(\ of the C~p_ora..t~on of the Town of Newcast le, enacted and passed thi s 2.f!~ day of ~ 1984. REGULATIONS FOR CONSTRUCTION 1. REQUIREMENTS FOR BLASTING The Owner shall, prior to commencing any blasting, obtain from the Director, permission to carry out the blasting operation. 2. REMOVAL OF TOP SOIL The Owner shall not remove any top soil from the said Lands except for construction purposes and such top soil must remain within the limits of the said Lands. 3. DUMPING OF FILL OR DEBRIS The Owner agrees to neither dump, or permit to be dumped, any fill or debris on, nor to remove, or permit to be removed any fill from any lands to be dedicated to the Town other than the roads within the limits of the said Lands, without the written consent of the Director. 4. DISPOSAL OF CONSTRUCTION GARBAGE All construction garbage and debris from the said Lands must be disposed of in an orderly and sanitary fashion in a dumping area off the said Lands provided by the Owner and approved by the Director. The Town shall not be responsible for the removal or disposal of garbage and debris. The Owner agrees to deliver a copy of this clause to each and every builder obtaining a building permit for any part of the said Lands. 5. QUALITATIVE AND QUANTITIVE TESTS The Owner agrees that the Town may have qualitative or quantative tests made of any materi a 1 s or equi pment i nsta 11 ed or proposed to be i nsta 1 led . The costs of such tests shall be paid by the Owner. 6. MAINTENANCE, CLOSING AND USE OF EXTERNAL ROADS The Owner shall, at all times during the life of this Agreement ensure that all public roads abutting the said Lands and all public roads used for access to the said Lands, during any construction on the said Lands, shall be maintained in a condition equal to that now existing and to the approval of the Director. The Owner shall maintain, at all times, all such roads free of dust and mud originating from the lands during the course of construction. If damaged, the Owner agrees to restore immediately, and at its own expense, such road to a condition equal to that existing at the time of such damage and to the approval of the Director. No public road outside the "limits of the said Lands shall be closed without the prior written approval of the authority having jurisdiction over such public road. The Owner agrees not to use or occupy any untrave1led portion of any public road allowance without the prior written approval of the authority having jurisdiction over such public road allowance. 7. MAINTENANCE OF INTERNAL ROADS The Owner shall, prior to the placement of the final surface treatment on any road required to be constructed under this Agreement, remove any contamination of the base course and repair and replace such base course, where necessary, to the approval of the Director, in order that the construction of such road shall not have suffered due to any use of the base course as a temporary road. Schedule "L" 8. WEED AND RAT CONTROL - 2 - After the commencement of construction the Owner shall institute upon the Lands a program of weed and rat control to the satisfaction of the Director. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED) In the presence of: } ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) . )/ 1} 'A~-'~~F""CR Iv~. ~~~~~~ h~~ ) ) ) ) THE CORPORATION OF THE TOWN OF NEWCASTLE ~~ ~~ I ~ , ~K , .' " THIS SCHEDULE IS SCHEDULE "M" to the Agreement which has been authori zed and approved by By-law No. f{<I..~"1. of the Corporation of the Town of Newcastle, enacted and passed thi s .,2. VlrJ.., day of ~ 1984. USE OF SAID LANDS The Owner agrees that the said lands shall not be used for any purpose other than as set out in the following table: LOT OR BLOCK NUMBER LAND USE ALL In accordance with the provisions of Restricted Area By-law No. 77-12 IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED In the presence of: Iv~~ ;/;~ ) THE CORPORATION OF THE IOWN OF NEWCASTLE ) ) ) , ) ) ) ) ) ) ) ) ) ) ) ) ) ) REXGATE HOLDlbI8'S LIMITED " ) , ,,",. . \...-7________ ), ..;;;7~ ~/~/ t~~--/ ' ) t4~o~;R ) ) ) ) )~ ) ) THIS SCHEDULE IS SCHEDULE "N" to the Agreement which has been authorized and .' \ approved by By-law No. ~'f-i"T. of the Corporation of the Town of Newcastle, , enacted and passed this ~y7t. day of ~ 1984. LANDS UNSUITABLE FOR BUILDING The Owner agrees that no application will be made for a Building Permit for the erection of any structure on any of the said lands listed in the following table, until the conditions listed in the following table have been satisfied to the approval of the Directors of Planning and Public Works and/or any other Authorities having jurisdiction. LOT OR BLOCK NUMBER CONDITIONS TO BE SATISFIED (a) Lots 94, 95, 96, 97, 104, 1 05, 1 06, 1 07 (Schedule "B_2") (b) Lots 85 and 86 (Schedule "B_2") (c) All lots abutting temporary turning circle (d) Blocks 109, 11 0, 111 (Schedule "B_1") Submission of Lot Site Plan showing access onto Firwood Avenue if Devonda1e Street and Alderbrook Drive have not been extended west of Firwood Avenue Submission of Lot Site Plan showing access if Firwood Avenue has not been extended north of Broad1ands Crescent Submission of Lot Site Plans showing dwelling locations and ultimate road construction relative thereto Approval of Site Plan or Subdivision Plan for adjacent lands IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED) THE CORP03ATION OF TH~ TOWN OF NEWCASTLE In the presence of: ) ) ) ) ) ) ) ) ) ) ) ) ) ~ ) 1 ./' .~~ )/ ~:::::: ~/'./ ' c'l;/'.l~;/~a-~~ L~~E~~:;=:~ Iv~,~ ) ) rG ) . " 'THIS SCHEDULE IS SCHEDULE "0" to the Agreement which has been authori zed and - approved by By-l aw No. f'l-fl- of the Corporation of the Town of Newcastle, enacted and passed this ~~ day of ~ 1984. LANDS REQUIRING SITE PLAN APPROVAL The Owner agrees that no application will be made for a Building Permit for the erection of any structure on any of the lands listed in the following table until a site plan agreement has been entered into with the Town and the building permit complies in all respects with the terms of the site plan agreement. LOT OR BLOCK NUMBER AS PROVIDED IN SCHEDULE "Q" IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by th~ hands of their proper officers duly authorized in that behalf. ! SIGNED, SEALED AND DELIVERED ,In the presence of: THE CORPORATION OF TH~ TOWN OF NEWCASTLE ~~~ h~ . <, TO BE UPDATED TO 1984 COSTS THIS SCHEDULE IS SCHEDULE "P" to the Agreement whi ch has been authorized and . approved by By-law No. t~...~ of the Corporation of the Tewn of Newcastle, enacted and passed this ~~t;{ day of ~ 1984. OVERSIZED AND/OR EXTERNAL SERVICES, AND THE REIMBURSEMENT FOR THE OVERSIZED AND/OR EXTERNAL SERVICES 1.. EXTERNAL ROAD SYSTEMS: (a) Trull's Road North (i) From Highway # 2 to Nash Road (Urban Section) . 1,000 ft. long (incl. Structure $58,000) TOTAL COST Town Share Developer's Share (ii) From Nash Road to Devondale Street (Urban Section) 1 ,300 ft. long TOTAL COST Town Share (440 feet) Developer's Share (860 feet) (iii) From Devonda1e Street to the north limit of the subdivision (Suburban Section) 450 ft. long TOTAL COST Town Share Developer'S Share COST OF CONSTRUCTION TOWN SHARE DEVELOPER'S SHARE ENGINEERING & CONTINGENCIES TOTAL COST Town Share Developer's Share Therefore . . . TOTAL ESTIMATED COST OF CONSTRUCTION TOTAL ESTIMATEO TOWN SHARE TOTAL ESTIMATED DEVELOPER'S SHARE (b) Nash Road (i) From Trull's Road to Goldpine Avenue (Urban Section) 900 ft. long TOTAL COST Town Share (470 ft.) Developer's Share (430 ft.) (ii) From Goldpine Avenue to west limit of Subdivision (Urban Section) 520 ft. long TOTAL COST Town Share Developer's Share $208,000.00 208,000.00 - nil - $230,000.00 153,890.00 76, 11 o. 00 $ 40,850.00 20,425.00 20,425.00 $478,850.00 382,315.00 96,535.00 71 ,827.00 57,347.00 14,480.00 $550,677 .00 439,662.00 111 ,015.00 $135,000.00 102,750.00 32,250.00 $ 78,000.00 78,000.00 - nil - . . ... rl , . Schedule "P" - 2 - OVERSIZED AND/OR EXTERNAL SERVICES, AND THE REIMBURSEMENT FOR THE OVERSIZED AND/OR EXTERNAL SERVICES 1. EXTERNAL ROAD SYSTEMS: (Contld) ENGINEERING & CONTINGENCIES TOTAL COST Town Share Developer's Share $31 ,950.00 27,112.00 4,838.00 Therefore . . . TOTAL ESTIMATED COST OF CONSTRUCTION TOTAL ESTIMATED TOWN SHARE TOTAL ESTIMATED DEVELOPER'S SHARE $244,950.00 207,862.00 37,088.00 The above figures are preliminary costs based on data received from the Ownerls Engineer. These estimated costs will be required to be updated and revised when the final Engineering Drawings have been approved by the Director of Public Works. Therefore any financial commitments by the Owner, in payment to the Town for his share of the External Roads, shall be updated when the final Engineering Drawi ngs have been approved and the Cost Estimates revi sed and al so approved by the Director of Public Works. There shall be no reimbursement by the Town to the Owner for improvements to the external roads. 2. EXTERNAL STORM WATER DRAINAGE FACILITY The Owner agrees to construct, at its cost and in accordance with Town Standards, the external storm sewer and all appurtenances required to serve the drainage area of the plan. This sewer shall be constructed on municipal rights-of-way between Nash Road and Black Creek. The Owner further agrees that no provision of this agreement shall obligate the Town to undertake construction of any of the external services contemplated herein unless expressly stated. The Owner further aCknowledges and agrees that where it is contemplated that external works are to be constructed by the Town, that the timing or sequencing of such construction shall be at the sole discretion of the Town. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ) THE CORPQRATION OF THE TOWN OF NEWCASTLE In the presence of: ) ) ) ) ) ) ) ) ) ) ) ~r~r ) ) ) ) REXGATE ) ",., . ) ...,-;::;::;;;/'/ Yl../!/ ~'.?' .' ~~~,~~ ! ' SECRmRY _1nn.sU~,R . .' " . , Schedule lip" - 3 - IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto, affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNE~ SEALED AND DELIVERED "l ~ .~ 4 " &v~.r- tMi. 'Of. ~~ / L NN~ rn R N LD &v~~ ,g;; . ) R RI S ) ) ) ) ~ ., " i THIS SCHEDULE IS SCHEDUlj: "Q" to the Agreement whi ch has been authori zed and .. approved by By-1 aw No. i<.f.-:t1o of the Corporation of the Town of Newcast 1e, enacted and passed this ~~1X. day of ~ 1984. CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY'S WORKS 1. Prior to the issuance of the Authorization to Commence Works, the Owner shall prepare detailed engineering and drainage plans for the removal of the storm water from the Lands, including erosion and siltation control, which plans shall be approved by The Central Lake Ontario Conservation Authority and the Ministry of Natural Resources. 2. The Owner shall not alter the tributary of Farewell Creek that traverses Block 107 (Schedule IB_1"), without the written permission of The Central Lake Ontario Conservation Authority. 3. The Owner shall develop lots 13 to 22 (Schedule IB_1") and Lots 48 to 61 (Schedule "B_2"), all inclusive, lot 23 (Schedule "B_2"), Lots 116 and 141 (Schedule "B-2") and Lots 23 to Lot 35 (Schedule "B_1"), and Lots 106 to 115 (Schedule "B_2") inclusive, and lots 36 to 39 (Schedule "B-1") inclusive, all according to site plans acceptable to the Town of Newcastle and The Central Lake Ontario Conservation Authority, which site plans shall indicate existing and final grades, the location of all buildings and structures, site drainage and vegetation. 4. The Owner shall prior to the initiation of any grading or construction on the lots indicated in paragraph 3 of this Schedule, and prior to the rough grading of the roads crossing or abutting Blocks 107, 106 or 108 (Schedule "B_l"), to erect a snow fence around the 'boundaries of Blocks 106 and 108, including those areas of the blocks abutting road allowances, and around the boundary of Block 107 (Schedule IB_1") including the eastern limits of lots 141 and 116. 5. The Owner agrees neither to place or remove fill of any kind whether originating on the site or elsewhere, nor alter any existing vegetation in Blocks 107,106 and 108 (Schedule "B_l") without the written consent of The Central Lake Ontario Conservation Authority. 6. The Owner agrees to carry out the conditions of approval that may be imposed by The Central Lake Ontario Conservation Authority or the Ministry of Natural Resources, under paragraphs 1 to 5 inclusive of this Schedule, and to abide by the conditions stated on any permits issued for the site by The Central Lake Ontario Conservation Authority under Ontario Regulation 824-73. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED In the presence of: ) THE CORPORATION OF ) ) ) ) ) ) ) ) ) CLARET INVEST ) ) ~ ) ,. ',' . , t .~ Schedule "Q" - 2 - IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED) REXGATE HO\,.JllMiS LIMITED .-- In the presence of: ) "p,,:.rj' ..It A j ) /:/:>/ {--/ ~~, ~ t "/,///' ,/ / )'~~Ck--i . ) Iv~ ~/ tv~- ~ ) ) ) ) ~ .... .. . ,. THIS SCHEDULE IS SCHEDULE "R" to the Agreement which has been authorized and ; approved by By-law No. 'cf...ft of the Corporation of the Town of .. Newcastle, enacted and passed this ~ ~~ day of ~ 1984 t. ENGINEERING AND INSPECTION FEES FOR DEVELOPMENT Estimated Costs of Works Fees Up to $100,000.00 Actual cost of engineering services and inspection fees up to a MAXIMUM of $4,000.00 $4,000.00 or 3.5% of the estimated cost of services - whichever is greater $100,000.00 to $500,000.00 $500,000.00 to $1 ,000,000.00 $17,500.00 or 3% of the estimated cost of services - whichever is greater $1,000,000.00 to $2,000,000.00 $30,000.00 or 2.5% of the estimated cost of services - whichever is greater $2,000,000.00 to $3,000,000.00 $50,000.00 or 2.25% of the estimated cost of services - whichever is greater $3,000,000.00 to $4,000,000.00 $67,500.00 or 2% of the estimated cost of services - whichever is greater For the purposes of this Schedule cost estimates as specified in Schedule "J" for Hydro Distribution System shall not be included for the purposes of calculating engineering and inspection fees as contemplated by this Schedule. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED) In the presence of: ) ) ) , ) ) ) ) ) ) ) ) ) or ) ) ) ) ) REXGATE HOLDt'NGS~LIMITED ) ,e ) , ,,;<~~ "'2.../~ , ~.cL /fttb-../ _~~/1 '~/ ) //~~ ~~ 1 ~~! /~~Ut~~A:~;::R ~O YNO DS Iv~ l,,%(,~~~~~~ l . F~Y RION ~_ ~ .' ~~~~~ f'~ ) .. ,( " ~ , AFFIDAVIT OF SUBSCRIBING WITNESS I, BILL J. SHOLER, of the City of Albuquerque, in the County of Bernalillo, State of New Mexico, United States of America, make oath and say: I am a subscribing witness to the attached instrument and I was present and it was executed at Albuquerque, Bernalillo County, New Mexico, by GLADYS LOUISE WINBLAD, whose name is placed on the documents as Gladys Louise Windlad, and state that they are one and the same person as personally known to me. I verily believe that such person whose signature I witnessed is the same name r::~:oQ ;giirument. STATE OF NEW MEXICO SSe COUNTY OF BERNALILLO The foregoing Affidavit of Subscribing Witness was acknowledged before me this d7 day of In R'l2- bt.. 1984, by BILL J. SHOLER. M~ion Expires: . ,;( ?/IJ1ib . ~~~~ ~ Notary Public r By.law No..$'L::S~___..1 , -. . , , .. .. . AFFIDAVIT OF SUBSCRIBING WITNESS DVE .. DUAH4M co, UMITED FOAM NO" 347 I, WILLIAM DAVID MANSON of the CITY OF NORTH YORK in the MUNICIPALITY OF METROPOLITAN TORONTO make oath ,and say: I am a subscribing witness to the attached instrument and I was present and saw it executed at COURTICE by GLENN HOMER REYNOLDS .See rootnote "See rootnote I verily believe that each person whose signature I witnessed is the party of the same name referred to in the instrument. SWORN before me at the TOWN OF VAUGHAN IN THE REGIONAL MUNICIPALITY OF this 6th day 0 19 l l.j)~ WILLIAM DAVID MANSON A COMMI 84 . Whe.... a party is unable to ....ad the instrument or whe.... a party signs by making h.s mark or in ro....ign characters add "oft" tho ,nstrumenl had bHn read to Itim and M appeared fully 10 umhr&l4nd II", Whe.... executed under a power or attorney insert "{ Mme of attorMY/O$ altorney fori Mme ofpartyJ'", and ror next clause substitute ../ uenly Ml~~ thai the p#NOn WMU ,tgnalure 1 w.tne88ed wo.s Qlltlaorued to execu.te 1M instrument Ga altorMY for f name;". AFFIDAVIT OF SUBSCRIBING WITNESS I, WILLIAM DAVID MANSON of the CITY OF NORTH YORK in the MUNICIPALITY OF METROPOLITAN TORO:i'JTO make oath and say: I am a subscribing witness to the attached instrument and I was present and saw it executed ' at TRENT RIVER by FRANCES MARION STACEY OSee I"ootnote .See fOCKnote I verily believe that each person whose signature I witnessed is the party of the same name referred to in the instrument. 1984 ! l..jJ ~ SWORN before me at the TOWN OF VAUGHAN IN THE REGIONAL MUNICIPALITY OF YO this 6th day of -g i I WILLIAM DAVID MANSON ETC. By-law No.... rty unable to ..ad the mstrument or where. party Signs by makllllf his mark or in fore.", charaCl.era add """', ,lte ilUtl1l/lllnt IuJd bHn read to redfullylt> umhrat4nd ,,", Where executed under a powerorauomey Insert "{IUJm.ofallD,ney, ..atlt>noey{o"...._ofparty'., and ror next -/rwnly6elilrw tItat lite p.roon whiJM .,.nature I W"MUfti ..... oUlltonud It> execute 'he IlUtrumen'.. OIIDnoey {or ,..../11I'., "'l ,v .. " ... REGISTRY ACT CERTIFICATE OF A JUDGE UNDER SECTION 31 or UNDER SUBSECTION 40(1) OF THE ACT JUDICIAL DISTRICT ) OF DURHAM ) ) TO WIT: ) I, Eric Richard Lovekin, Judge of the Judicial District of Durham certify that from the proof adduced by WILLIAM MANSON, I am satisfied of the due execution of the within instrument. WITNESS my hand at WHITBY, the 1st day of May, 1984. ,...-' It ". -- _....,~- - By-taw No...5tl-=..5J.a......_-_. 1J67 DATED : 198 BET WEE N: THE CORPORATION OF THE TOWN OF NEWCASTLE - and - CLARET INVESTMENTS LIMITED, REXGATE HOLDINGS LIMITED -:::r = ... ::iC Cl- ef) N C"l - and - GLENN HOMER REYNOLDS, FRANCES MARION STACEY and GLADYS LOUISE WINDLAD c:::s::' '>"' ,d.. :::& SUBDIVISION AGREEMENT ~ The Corporation of the Town of Newcastle Planning Department Municipal Offices HAMPTON, Ontario, LOB 1JO PAID LAND IEGLSIllY OFfiCE Mt 1<1 ~/& .60 Fi 1 e: 18T -76048 .. . w. .. . ~ , (