HomeMy WebLinkAbout83-142
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 83- 142
being a By-1aw to authorize the entering into of an Agreement with
Margaret Beaupre.
The Counci1 of the Corporation of the Town of Newcastle hereby enacts
as f 011 ows :
1. THAT the Mayor and C1erk are hereby authorized to execute on
behalf of the Corporation of the Town of Newcastle, and seal with the
Corporation's seal, an Agreement between Margaret Beaupre and the
said Corporation dated the 13-4-. day of O~, 1983, in the form
attached hereto as Schedule ItXIt.
2. THAT Schedule "Xlt attached hereto forms part of thi s
by-law.
BY-LAW read a first time this 24th
BY-LAW read a second time this 24th
day of October
day of October
BY-LAW read a third time and fina11y passed this
24th
1983
1983
day of
October
1983
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DEVELO*MENT AGREEMENT MADE (i n qui ntuJ)li~~te:) this I~ 1< day of
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BET WEE N:
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MARGARET BEAUPRE
hereinafter called
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the :!"0WNERIt
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OF THE FIRST PART
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THE CORPORATION OF THE:~OWN OF NEWCASTLE,
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herei nafter call ed the i"'TOWN" OF THE SECOND PART
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WHER~AJ the la~ds affected by thIs agre~nt. are descrIbed In
SChedu~e "A hereto and hereinafter refer~~d to as the "said lands";
AND WH,REAS th~ O\1ner ha~ represented to, !the Town that the said lands
are ..e~I'ster"'" In the name of Margaret 8~rupre. as stated In the
affida~1t attached to thi s agreement as:~~hedul e ItB";
AND WH~REAS the OWner proposes 'to use tHe; said lands for the purpose
of a s~ngle fa~i1y residence and office 'to be used in conjunction
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with a Isales and service outlet for boatsj, bpat motors, snowmobiles,
motorcycles, new and used automobiles, t~ailers to include house
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traileJs, boat trailers, snowmobile trail~rs, motorhomes; sales of
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stoves~ furnaces and fireplaces for resi.dential buildings; and has
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reques~ed the Town to approve ~he sa id d~lvel opment pursuant to the
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prov1s~ons of By-law 79-151. II ,I
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AND'WH~REAS th~ Town has resol~ed to apP~rve the said development
pursua1t to th~ said By-law 79-151, prov1~ed that the Owner enter
int~ t115 Agre~ment with the Town; I:
AND WH~REAS the Owner acknowledges that ~he lands will not be
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servic d by a municipal sewer or water s~~tem and that each building
erected or altered sh~~l be serviced by a private
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well a d a pri~ate sanitary waste dispos~~$ystem as approved and/or
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requfr by the Durham Regional Health U~~t.
NOW fH~REFORE, in~onsideration of the m~rual agreements and
coveriants hereinafter contained, the part~es hereto agree as
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follow~:
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1. I""nexed hereto and marked as SChed,ule 'C" is a sIte plan
showing the she, location, elevation an~; exterior architectural
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design !of the building which the Owner ~~~poses to erect on the "said
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lands" ~ Wh1chshall be approved by the Dtrector of Planning and the
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Direct~r of Public Works.
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I By-law No..u~3~J'I~J
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The Ownet agrees that no bull di ng$ lior structures, other than
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the building shown on Schedule ItC" shall ~e erected on the Itsaid
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land$1t .nd further, that in the construct.on of such building the
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Owner will comply with the elevations, exterior architectural design,
the location of the buildings on the lot '~nd' all other matters
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relating to the:bullding shown on Schedul~ ItC", unless otherwise
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approved by the Director of Planning and ~he Director of Public
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~ARKING ~ND LOADING
the Owner agrees to provide
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mai-nt~in
off-street parking
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and driteWay aceess in accordance with Schedule "CIt and to do so in
.accorda~ceiwith'specifications to be appr9ved, by the Director of
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Publ ic \ilor~s whl ch shalli ncl ude a surfac~'ng I of parking areas with
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concrete or bituminious asphalt. No parki1ng of vehicles shall be
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pennitt.d on ac~ess or driveway areas whi~;h ~hall be signed and
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maintai~ed as fire access routes to the s~tisfaction of the Fire
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4. ~ARBAGE AND WASTE
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The [Owner agrees to provide Mid maintain enclosed garbage
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and:waste storage facil~ties ~s may
Tow~ for the storage of garba~e and
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from the buildings on the said lands, in accordance with
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pla~s and specifications to be: approved by the Di rector
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of ~ublic Works and the Fire~hief.
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The iOwner further a~rees to r~ove garbage and other
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wa s1:;e materi a 1 s as often as m~b' be requ i red by the
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Di rector, of Pub li c Works and tjhe Fi re Chi ef .
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be, required by the
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other waste materials
SNOW REMOVAL
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1he Owner agrees to remove all sno~ from, access ramps,
driveways. parking areas ,loading areas an~ \,!alkways within twelve
hours 0;' ,the cessation of any fall of sno~l.
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GRADING AND DRAINAGE
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ihe Owner: agrees to undertake the 91radi ng of and provi de for
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at hi s dost the di sposal of storm" surface! and waste water fran the
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Itsaid l~ridslt and from any buildings or st~~ciures thereon to the
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sat1sf,:~tion ,of ,the Di rector of Pub liCWOI~~s.
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IiLLUMINATION
The Owner agrees to provide illumin.~tion of the Itsaid lands"
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and building in accordance with plans and ~pecifications to be
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approved by the Director of Public Works a~d to refrain from erecting
or uSingl any form of illumination which in:1 the opinion of the 10wn
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woul d caluse any traffi c hazard or woul d ca:~se a disturbance to
resid~n~ial uses adjacent to the "said la~~s~.
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~ENCING AND LANDSCAPING
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~he Owner agrees to erect and
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main~rin fences and plant and
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suitable '~round cover in accordance
maintairl, trees, shrubs or other
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with ScHedule I~I to provide adequate land~caping of the "said landslt
and prot:ection to adjoinin'g land!s.
9. MODIFICA1ION TO EXISTING ENTRANCE :1
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~he Owner agrees to relocate the e~~sting entrance at such
time as the Miistry of Transportation and ,~o~unications realigns the
interse~t1on of the Road Allowa~ce betwee~1 Concessions 7 and 8 with
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the Hig~way 35/115 in accordanc~ with $ch~~u'e IC', and to do so in
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accorda1ce with 'the Town of Newcastle ent~~nce pol icy wh1 ch shall
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be approved by the Director of Public Works.
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10. ~PPROVAL !OF PLANS AND SPECIFICATIO~~ '
it,e Owne~ agrees that the issuance!pf any b~ilding permit in
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respect lof the "said lands" shall be proh~bited until all plans and
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spec1fi~altions required pursuant to this ~~reement have. been approved
by the iown.
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11. ~EGISTRATION AND ENFORCEMENT
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1he Owneri agrees that th~ Town may !Iregi ster thi s Agreement
against Ithe title to the I'said landslt and i~hat the Town may enforce
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the pro~1sions of this Agreement against ~ihe Owner of the Itsaid
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lands" 4nd subject to the provisions of ttilie Registry Act and the Land
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Ti t 1 es ~ct t as amended t aga i nst ,any and atl subsequent owners of the
Itsaid l~ndslt. The Owner further agrees tJi reimburse the Town for all
reasona~le legal fees associated with undertaking the registration 'of
this ag~eement.
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12. i APPROVAL OF COST ESTIMATES I!
r The Owner agrees that. pri or to t:~e 'i ssuance of any buil di ng
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permit; for the bu~lding identified on SFIiledu1e "C" hereto. the
estimafed cost' of construction and inst~pa,tion of the external works
requir~ by this Agreement. hereinafter, ,hlled the "Works Cost
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Estima~elt shall be approved by,the Director of Public Works and
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annex~ to thi s Agreement on Schedule "D~I.
'The said approved ItWorks Cost Estimate" shall be deemed to
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have been included in this Agreement at ~he date of its original
execut~on. whether or not it was. in fac~. so included and whether
or notiit 1s. 1n fact, entered in Schedu'le liD" hereto.
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13. I PERFORMANCE GUARANTEE REQUIRED 'I
,(1) Pr~or to the issuance of anyf1authorization to commence
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work, the Owner shall provide the Town with a
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Itp~rformanc~ Guarantee". ,in~he fonn of cash or an
irrevocable letter of creditil1S'~ued by a chartered
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~nadian Bank in an amount e~ua:l to the "Works Cost
Estimatelt. The "Performance!! Guarantee" may be used by
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the T9wn as set out in c1aus~ 14 in the event that the
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Owner fails to satisfactori1~ meet the requirements of
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this agreement in respect ot:ithe provisions of the
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I speci fi ed works and facili t H~s.
: (2) All submissions made under c1 ause (1) above. shall be
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14. : USE OF pERFORMANCE GUARANTEE "
i The Owner agrees that the Town ma,. at any time. by> resolution
of TOW~ Counci 1, authori ze the, use of ai ~ or pa~ of any Performance
Guaran~ee if the Owner fai 1 s to pay any ~osts payable by the ,Owner or
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constrrct any works requi red by the Towni;under this Agreement.
15. I PERMITS ,. "~,
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[The Towr agrees that upon the Own~rs complying with the
provis~ons of this Agreement respecting bpprova1 of all plans and
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specif,cations, required herein. building'ipe,rmits will be issued in
accbrdrnce with the plans subj~ct to pay~ent of the usual pe'rmit fees
and ot~er fees as are payable under By-1~w currently in force in the
Town ahd provided that all building plan~ comply with the,Ontario
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Build1rg Code and such other Municipal B~-laws as may be relevant and
further provided that the Regional Munic~pa1ity of Durham'has
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approY~d the n~cessary connections to the,!', municipal water and
san1ta~ sewage systems and where any agreement is requi red in
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respec~ of storm water run-off. that a cqpy of said agreement has
been dtposited with the MuniCipality.
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The Town further agrees that upd~ the Owners complying with
Pr,ovi!sions of By-law 76-25, a,s amended (S1gn By-law), sign permits
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will Ibe issued in accordance with said IBy-law subject to payment of
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the ~sual pennit fees currently in for~~.
16.
LAPSE OF APPROVAL
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I In the event a building permit ~~s not been issued to the
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Owner! wfthfn the perf ad of two years he~efnafter fn this sentence
referired to, ,the parties agree that theiTown's approval of the site
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plan ~nd drawings referred to in paragriaph number 1 hereof shall
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lapse! upon the exp1 ry of two years fro~; the date of the execution of
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this Agreemenit.
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17. I CONST~UCTION COMMENCEMENT
: The Owner, agrees to commence co~struction of any building or
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bu1ld~ngs for: which a permit may be issi~ed under Paragraph 15 hereof
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as SOP" as 1sl reasonably practicable fOl11Qw1ng the issuance of any
such ~erm1t. 'i: !
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18., ! i INTERPRETATION NOT AFFECTED BY HtAOINGS
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i The d1~1s1on of this Agreement 1~to paragraphs and the
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i nser~ ton of :head1 ngs are for conven1 en:~e ,of reference only and shall
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not, 1r any way affect the 1nterpretat1o~ of th~~ Agreement.
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'IN WITNESS WHEREOF the parties h!~ve hereto affixed their hands
and, S~' als and/or corporate seals by the"hands of their proper signing
off1c rs duly authorized in that behalf~
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SIGNEb. SEALED AND DELIVERED )
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M~~l\l(irol L~EAUPRE /.'., (1: A
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THE CO~PORATION OF THE TOWN OF
NEWCA$~LE ___________ /7
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LIST OF SCHEPULES
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Legal Description of ~aid Lands
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Affidavit of Ownershi~
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Site Plan including:
Locatio~ of Buildings
Landscaping and Fencing
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Fl oodl1 ~ht i ng
Gradinglan~ Drainage
Works Cost Estimate
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THIS ~S SCHEDULE 'IA" to the Agreement wry,1ch has been authorized and
appro,ed by By-law No. (3 -/.s/ of th~i Town of Newcastle. enacted
and rJssed the ~ V. tk day of ^---------1--, ii, . , 198J ·
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LEGAL DESCRIPTION OFi~AID LANDS
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~~ ANP SINGULAR that certain parcel or ~ract of land, situate, lying and
being fn the Town of Newcastle, in the R~gional Municipality of Durham and
being fomposedof part of Lot 24 in the eighth concession of the Geographic
Townsh~p of Clarke, (former County of Dutham) and being now described as
Parts ~, 2 and 3 according toa Plan fil~d in the Registry Office for the
Registry Division of Newcastle (No.10) as Number lOR-1385.
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IN WITNESS WHEREOF the parties have hereto affixed their corporate
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seals by the hands of the1 r proper s1 gn1\ogoff1 cers duly authorized
in that behalf,.
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THIS rS SCHEDULE ItBIt to the Agreement w~1ch has been authorized and
approved by By-law No. <t-J.'/J" of the Town of Newcastle. enacted
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and phsed the ). '" -H. day of cr- 'i if . 19s.3 ·
AFFIDAVIT OF OWNERSHIP
I, ~GARET BEAUPRE, of the Town of New~astle, in the Regional
Munic~pality of Durham, MAKE OATH AND SAY AS FOLLOWS:
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1., I am the owner named in tpe within Development Agreement
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betwefn myself and the 'Corporation of tbe Town of Ne~castle and I am
the sple and absolute owner in fee simpte of the land and described in
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Schedule "A" herein now designated as p~rts 1, 2 and 3 according to
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Plan filed in the Registry Office for the Registry Division of Newcastle
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(No .1P) as Number lOR1385. I'
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SWORN before me at the
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the Regional Municipality)
of D~rham, this 21st day ~
of September, A.D. 1983. )
A C~(tc.
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Town of Newcastle, in
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THIS IS SCHEDULE ItCIt to the Agreement wl1iich has
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appro\\ed by By-law No. 7~-151 of the '~own of
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and p~ssed th~ d-c+ rt day of ~.-4 ~ 7"
been authorized and
Newcastle, enacted
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Be:Lng!a Site Plan of Ontario Sports Highway Commercial Development upon
lands: comprising those lands described in Schedule "A" herein which has
been ~repared by Merrill D. Brown Ltd., dated November 5, 1982 and
subsequently amended by insertion of re~ lines and writings thereon
perta~nirig to modificating of present entrance to property and limitation
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to ou~side di~play area initialled by o~ner.
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IN WI~NESS WHEREOF the parties have herJto affixed their corporate
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seals iby the hands of their proper signing officers duly authorized
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inth~t behalf.
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) M,RGA TBEAUPRE . .
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THIS S SCHEDULE IIDIt to the Agreement wHich has been authori zed and
approved by By-law No. g3'/~'" of the~own of Newcastle, enacted and
passe~ the ~ '+ ~ day of (f- -7' 19a.$ ·
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WORKS COST ESTIMATE
(to be detenmined)
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IN WITNESS WHEREOF the parties have her~to affixed their corporate
seals: by the hands of thei r proper si gni ng offi cers duly authorized
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in th~t behalf.
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THE CORPORATION OF THE TOWN OF
NEWC~STLE
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NeWBome and Gilbert, Limited
'~'orm 1007
Combined Forms: Affidavit or Sub.criblnlr Witne..
Age and Spousal Status
AFFIDAVIT OF SUBSCRIBING WITNESS
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Beatrice Reed
of the
Town of Newcastle
in the
Regional Municipality of Durham
make oath and say:
-See fooblote
I am a subscribing witness to the attached instrument and I was present and saw it executed
at Orono, Ontario by Margaret Beaupre
-See footnote
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 Newcastle, in
the Regional Municipality ?f Durham,
this 2lst,dayof
Sel'tember,
19 83.
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- Wl&erB .. poTtI/ ;" ......"Ie to retUI tile instru.......t or wiler. a poTt" mon. b" making his mark or in foreign chamct..... add ....fter iftBt..........t had b..... rBGd to Aim
....., IuJ .._red fvlll/ to ..7Ider.tand it". Wh.... e"",cuted under a power of atOOT7lel/ insert "(name of attonIetI) as attonlq for (na.... of poTtI/)"; CItId for fla:t
clG_ Bt&bstitute ...{. verilll believe that tile p.r""" who.. signature I witnessed was authorized to ezecute tile instTtl.......t as attonlq for (....me)...
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I By-laW No-____i!_~__':'.!'i.J.__1
TOWN OF NEWCASTLE FI LE Z .. A" - 3 .. 7 .. ,
SITE
PLAN
METRIC: DISTANCES SHOWN ON TI-IIS PLAN
ARE IN METRES AND CAN BE CONVERTED
TO FEET BY DIVIDING BY 0.304 8.
OF ONTARIO SPORTS I-HGI-JWAY COMMERCIAL DEVELOPMENT
W/T/-UN PART OF LOT 24, CONCESSION 8,
A
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GEOGRAPI-IIC tOWNS/-lIP OF CLARKE 7
TOWN
OF
NEWCASTLE
REGIOf\JAL MUNICIPALITY OF DURI-JAM
SCALE: I.' 500
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N 71 0 53 I E
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between the town of Newcc:utle and . I
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S'TE SUMMARY
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AREA OF SUBJECT LANDS 1.406 ha
BUilDING COVERAGE 1100 mJ ~ 7.82 Ok
LANDSCAPED AREA 2900m :t :: 20.8 ".
DISPLAY AREAS RESERVEO fUR OPEN DfSPlAY OF SPORTlOO AND RECREAnONAl
GOOOS SUCH AS RECREATIONAL AND ANTIQUE \EHICLES. HOUSE/TENT/aOATI
SNOWMOBILE TRAILERS l MOTORCYClfS.SNGWMOSU.fS, SOATS.WOOO STOVES .ft.,
J\S 'NELL AS 'IEW AND USED MOTOR VEHICLES.
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~'LL D. BROWN UMITEO
lAND SURVEYING NI) ENGWE.E.RUJ
16 TEMPERANCE STREET.
aoWMANlILlE, CHTARIO.
PHONE: ~-623-12e' L1C 3A4
OATE:
N(N(N8€R ',1982
SCALE:
I : ~OO
APPLICANT
/
ONTARIO SPORTS
LARRY BEAUPRE
R. R. 2 N., ORONO. ONTARIO LOB IMO
4'6.983. ~444
/
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FILE:
81049-SP
CRAWN BY :
M. O. 8.
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:~~istry Division d NCWC3Stk:,(No. }O) 2d .
\ CERTIFY that this in:;trLm~nt is regIster... as 0
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08T /4
II ~" Iv'}'"
45 fir! 1O.)11e
Land ftegistIX
Office at
Bowmanville,
Ontario.
I ~. fU,lt:f)k!
~Registrar/
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DATm:, ~ /3
19ai
BET WEE N:
MARGARET BEAUPRE
- and -
THE CORPORATION OF THE TOWN OF NEWCASTLE
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DEVELOPMENT AGREEMENT
The Corporation of the Town of Newcastle
Planning Department ..~
Municipal Offices
HAMPTON, Ontario, LOB lJO
Fil e: DEV 75-11
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