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HomeMy WebLinkAbout83-1 . - .. 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'" /~~~ ~~.~ ) / CLERK(~ File No..___",,,,,, 5J.OS!r I ..~ ~.;.:.:;.;.;;... ~~ . , . . .-~.... ~"xP 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: , , I 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 '. e e - 2 - 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: ~ ~~I~~ l ) ~ ) ) ) ) ) \ r ..... 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 e 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. e 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. ~~/'~~ ) ) ~ G. ) ) B. ) ) ) THE CORPORATION OF THE TOWN OF ) NEWCA E ) ) ) ) ~ . 0" 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. e 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. e SWORN before me at the Town of ) Newcastle, in the Regional ) Municipality of Durham ) n~ s 1 day of ''/MtlAlW 1983 ) ~~~~~tc h1~;cJ .. Wowar JI--. a lot. IaAing Afljdavlt.. Judicial D let 01 Our.... '1* J. David AlacG,.,. Batruw' SoIIdear. ..... ifill .2'. ''''S... ~----- .. 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 e e 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 . ) ) ~~'4~ 1 G. ~ B. ) ) ) ) ) r ) ) ) ) ..--. / ..- ~,_..-. -y, I '" .... '\ - .. " : ... ...I ......~ ~-'...... oil '\. R'A\SEn Se:eT\C. MeLO "-'. ... - ~;:':~.~60 p A ~ _' . EX,l S"T' l"b.lG @] F/t.., ~ GeA.~~ . ~No~ :. ' ~.E.}(l~"17XN-c:;. 'CJ~~ AG.e.... pA.n~.1~ s; Wiw.... 'e...e;. ~ UNA.FE~~ ;::;'V ""r'~lS Woli:..~'. . "- - \ r ~ N '. ..... ~~ t ,tl j '17, ~2@J,,:-~'~f'~'" 'It' . ~ t" ~ ' :,., '"" ",," :e:X~ L StING' A. .-.:=..a_~.~.~ ~ '-.IA-R- ~""""""'~ ..~ f""""-' \ ~.. . ,r.-. r _ , , . :; ~5-..\87 .. , ~ A~R-\AL.""" YAe...c \ : ' ~~ Dou~ ~~ ~0tJ.~ ~~" I ~ .... . . ., }.I." {' ..~ ~A ~P~A:',-'-' ::: ~'J.T~.....NCE..~ '. ' i 1 I 'j I I I .~ .' .. ~, . i I I 1 I 1 ' I . 1". ..., "". . ; , . , .." <. 1 " , , u~ ~. ~ . ~ ,"' I ~ I N ! ..-. I e ' , .. , -. ,~ ;J .... \..,.l' -:. ~L....\. ~es:N.~ ;. A2..E.A OF P~Pe..e..,-y;,. \ ;; 4qooo -~.F1: ;O,~~ ;;;. ~ 71G M 2..- ... ~" '/1 .. ZoNt~G ': H..C~(H.tGtt\JA..Y c:;c,.~~P'Cl~ -r ' l ~~ . . ~..... . " ...~~ " ~ .. . "See footnote "See footnote e e "See footnote "See footnote . 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 ~~ 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)". , . ". "," "",. ...,. 1" '. 0" ~ 0 3 No. I , ~ Division ot Newt"" (No. 10) . dJ.1PI" tIis ....... ii regit-a'Td ... Qt .M. u.ct ...., Office . ~ Ontarioa rES 7 1118 AM '83- tile ~~ ~ 4'') .&.~ ~V ~V" ,~_~'Y ~ ~ ~ ~ ~~ I~ e ( ! 0 fz-..- e DATED: ~ BET WEE N: G. KOUTROUMPELIS AND B. ARHITEKTONIDIS 1983 - and - -' THE CORPORATION OF THE TOWN OF NEWCASTLE ~~~-O, '4",'"'' , . ,I 1. ~(~__ ,J '., " ': "" ~J-o, -^ ,,A.,"-'"Vl---<:' ~ ------' ') -j).) ~ '\ '0::," , ~ \ '. 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 ",