HomeMy WebLinkAbout83-1
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 83-1
being a By-law to authorize the entering into of an Amending
Agreement with G. Koutroumpelis and B. Arhitektonidis.
The Council of the Corporation of the Town of Newcastle hereby enacts
as follows:
1. THAT the Mayor and Clerk are hereby authorized to execute on
behalf of the Corporation of the Town of Newcastle, and seal with the
Corporation's seal, an Amending Agreement between G. Koutroumpelis
and B. Arhitektonidis and the said Corporation dated the I()tday of
:r~, 1983, in the form attached hereto as Schedule "X".
2. THAT Schedule II X" attached hereto forms part of thi s
by-law.
BY-LAW read a first time this lOth
BY-LAW read a second time this lath
day of
day of
January
1983
1983
January
BY-LAW read a third time and finally passed this
January 1983
lath day of
4'"
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/ CLERK(~
File No..___",,,,,,
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I AMENDING DEVELOPMENT AGREEMENT MADE (in qUintuplicate) this I07X day
e
of
~
1983
BET WEE N:
G. KOUTROUMPELIS AND B. ARHITEKTONIDIS,
hereinafter called the "OWNER" OF THE FIRST PART
- and -
THE CORPORATION OF THE TOWN OF NEWCASTLE,
here; nafter call ed the "TOWW OF THE SECOND PART
WHEREAS the lands affected by this agreement are described in
Schedule "A hereto and hereinafter referred to as the "SAID LANDS";
AND WHEREAS the Owner has represented to the Town that the said lands
are registered in the name of G. Koutroumpelis and B. Arhitektonidis
who are the beneficial owners of the said lands as stated in the
affidavit attach~d to this agreement as Schedule "8";
AND WHEREAS the Town required the Owner to enter into an Agreement
pursuant to a By-law enacted under Section 40 of The Planning Act;
AND WHEREAS the Owner did enter into said Agreement, dated March 30,
1982 and registered in the Registry Office for the Registry Division
of Newcastle (No. 10) on May 31, 1982 as Instrument Number 107318
e (hereinafter referred to as the "FIRST AGREEMENT");
AND WHEREAS the Owner desires to amend the provisions with respect to
si gnage; !
,
,
NOW THER~FORE, in consideration of the premises, the Owner and the
Town her~by covenant and agree as follows:
1. The lands affected by this Agreement are as follows:
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A~L AND SINGULAR that certain parcel or tract of land and
premises, situate, lying and being in the Town of Newcastle in
the Regional Municipality of Durham (formerly in the Township
of Clarke, in the County of Durham) in the Province of Ontario
a~d being composed of Part of Lot 28, Concession 3 of the said
former Township of Clarke, more particularly described in
Schedule "A" annexed hereto.
I By.law No...Jn.::.L__...1 '.
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2. The "First Agreement" is hereby amended by deleting Schedule
"C" thereto and substituting Schedule "C" hereto attached.
3. The "Fi rst Agreement II is hereby further amended by addi ng the
following new paragraph 19:
"19. The Owner covenants and agrees that prior to the
issuance of a permit with respect to the installation of new
signage as shown on Schedule "C", all existing signage not in
compliance with the Town of Newcastle Sign By-law is to be
removed. II
4. The "First Agreement" is hereby further amended by adding
after "relating to the building shown on Schedule "C" within
paragraph number two (2), the following:
", unless otherwise approved by the Director of Planning and
the Director of Public Works."
5. Schedule II A" , "8" and lien hereto shall form part of thi s
Agreement.
6. Unless the contrary intention appears, the word "Town" shall
include its successors and assigns and the word "Owner" shall include
their respective heirs, executors, administrators, successors and
assigns to whom the context may apply according to law and if there
is more than one Owner or if the Owner is a female person or
Corporation, this Agreement shall be read with all grammatical
changes appropriate by reason thereof and all liabilities and
obligations of the Owner as the case may be shall be joint and
several and shall run with the Said Lands.
IN WITNESS WHEREOF the parties have hereto affixed their hands and
seals and/or corporate seals by the hands of their proper signing
officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED)
In the presence of: ~
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THIS IS SCHEDULE "A" to the Amending Agreement
authori zed and approved by By-1 aw No. <t 3 ~ I
Newcastle, enacted and passed the /0 j,( day
1 98 ~ .
whi ch has been
of the Town of
of ~~ L - 7
LEGAL DESCRIPTION OF SAID LANDS
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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, formerly part of the Township of Clarke, in
the County of Durham. in the Province of Ontario and being composed
of part of Lot 28, Concession 3 of the said Township of Clarke, which
said parcel may be more particularly described as follows:
PREMISING that the bearings herein are astronomic and are referred to
the westerly limit of the said lot 28, having a bearing of North 17
degrees, 43 minutes west, and relatin~ al~ bearings herein thereto;
COMMENCING at a poi nt in the easterly '1 iml t of Hi ghway Number 35 as
shown on Deposit Plan 16260 for the Township of Clarke, which said
point may be located as follows:
BEGINNING at the south west corner of the said Lot 28;
THENCE North 17 degrees 43 minutes west, being along the westerly
limit of the said Lot 28, a distance of 3,283.96 feet;
THENCE North 72 degrees 36 minutes 30 seconds east, a distance of
42.63 feet;
THENCE South 17 degrees 34 minutes 30 seconds east, a distance of
332.37 feet;
THENCE South 17 degrees 25 minutes 30 seconds east. a distance of
113.10 feet to the point of commencement of the parcel befng
described;
THENCE South 17 degrees 25 minutes 30 seconds east, being along the
easterly limit of Highway Number 35, as shown on Deposit Plan 16260,
a distance of 200.0 feet;
THENCE North 72 degrees 34 minutes 30 seconds East, being along the
northerly limit of lands described in Registry Instrument 85847, a
distance of 200.0 feet;
THENCE North 17 degrees 25 minutes 30 seconds west, being along the
easterly limit of Part 1, Plan 10R-169, a distance of 200.0 feet;
THENCE South 72 degrees 34 minutes 30 seconds west, a distance of
200.0 feet more or less to the point of COMmencement.
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IN WITNESS WHEREOF the parties have hereto affixed their corporate
seals by the hands of their proper signing officers duly authorized
in that behal f.
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) THE CORPORATION OF THE TOWN OF
) NEWCA E
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THIS IS SCHEDULE "B" to the Amending Agreement which has been
authori zed and approved by By-l aw No. l( 3 - I
of the Town of
Newcastle, enacted and passed the 10 It: day of ~
198 ~ .
AFFIDAVIT OF OWNERSHIP
I,
t!> I AtXf/ iT/;?K--rC~ I b j S
make oath and say
as follows:
1. I am one of the owners described in the attached Amending
Development Agreement and as such have knowledge of matters
hereinafter deposed to.
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2.
G. Koutroumpelis and B. Arhitektonidis received a conveyance
in fee simple to the lands described in Schedule "A" hereto by a Deed
registered as Instrument No. 94484 for the Registry Division of
Newcastle (No. 10) on the 1st day of June, 1979. The transfer was
not subject to any mortgages.
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SWORN before me at the Town of )
Newcastle, in the Regional )
Municipality of Durham )
n~ s 1 day of ''/MtlAlW 1983 )
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.. Wowar JI--. a lot.
IaAing Afljdavlt.. Judicial D let 01 Our....
'1* J. David AlacG,.,. Batruw' SoIIdear.
..... ifill .2'. ''''S...
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THIS IS SCHEDULE liCit to the Amendi ng Agreement whi ch has been
authorized and approved by By-law No. ~3-1 of the Town of
Newcastle, enacted and passed the (to ~ day of h
1 983 .
liAS PER ATTACHED PLANIt
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IN WITNESS WHEREOF the parties have hereto affixed their corporate
seals by the hands of their proper signing officers duly a~thorized
in that beha 1f .
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DYE 8< DURHAM CO, LIMITED
FORM NO. 114
AFFIDAVIT OF SUBSCRIBING WITNESS
I,
...IOB GALLOWAY MAI.IA
of the
t... .f ......tl.
in the
..,1...1 ...t.l,.11cy .f D.~h..
make oath and say:
I am a subscribing witness to the attached instrument and I was present and saw it executed
at
......tl.
by C. K..t....'.lt. ...
I. ..bit.ktG.l...
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 t...
.f ......'1.. t. Ih. ..,1...1
...101,.1117 .f D.~h..'
!~~)4~
this
4th day of
.J....~7.
19 .3
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KING AFFI7 ETC.
Beve"y Ferguson. a Commissioner 'of.
taking Affidavits. Judicial District 01 DurhaIra,
,." J, David MacGregor, BatrPtet , SoIicitot..
~ Jtttll '8. '985.
" Where a party is unable to read the instrument or where a party signs by making his mark or in foreign characters add "after the instrument had been read to
him and he appeared fully to understand if', Where executed under s power of attorney insert "(name of attorney) as attorney for (name of party)"; and for next
clause substitute "/ verily believe that the person whose signature I witnessed was authorized to execute the instrument as attorney for (name)".
AFFIDAVIT OF SUBSCRIBING WITNESS
I,
of the
in the
make oath and say:
I am a subscribing witness to the attached instrument and I was present and saw it executed
at
by
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
this
day of
19
A COMMISSIONER FOR TAKING AFFIDAVITS, ETC.
" Where a party is unable to read the instrument or where a party signs by making his mark or in foreign characters add" after the instrument had been read to
him and he appeared fully to understand if', Where executed under a power of attorney insert "(name of attorney) as attorney for (name of party)" ; and for next
clause substitute "1 verily belieue that the person wlwse signature 1 witnessed was authorized to execute the instrument as attorney for (name)".
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No. I ,
~ Division ot Newt"" (No. 10)
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DATED: ~
BET WEE N:
G. KOUTROUMPELIS AND B. ARHITEKTONIDIS
1983
- and -
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THE CORPORATION OF THE TOWN OF NEWCASTLE
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DEVELOPMENT AGREEMENT
The Corporation of the of Newcastle
Planning Departmen
Municipal Offi
HAMPTON, 0 ario, LOB lJO
Fi 1 e:
SIMS~ BRADY & ~li~c.NE:7'_NEY
BARRISTERS::' !:',;;-,!-tClTORS
P.O. BOX 3SB
117 KING S'iREET
WHITED'. ONTARIO L1N 4Z1
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