HomeMy WebLinkAbout83-91
I
.."
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 83- 91
being a By-law to authorize the entering into of a Development
Agreement with Peter Vanderveer.
The Council of the Corporation of the Town of Newcastle hereby enacts
as follows:
1. THAT the Mayor and Clerk are hereby authorized to execute on
behalf of the Corporation of the Town of Newcastle, and seal with the
Corporation's seal, a Development Agreement between Peter Vanderveer
and the said Corporation dated the 131kday of ~ , 1983, in the
form attached hereto as Schedu1 e "X".
2. THAT Schedule "X" attached hereto forms part of thi s
by-law.
BY-LAW read a fi rst time thi s 13th day of June
BY-LAW read a second time this 13th day of June
1983
1983
BY-LAW read a third time and finally passed this
13th
day of
June
1983
4~~o(
ill . ,~
D~ CLERK
r file No./,,(t:_?1:m9lg.Q....]
-.......-----
r----...
.
~ "X"
DEVELOPMENl' AGREEMENT MADE (in quintuplicate) this 13"/( day of June, 1983.
BET WEE N:
PETER VANDERVEER
Hereinafter called the "OWNER"
OF THE FIRST PART
-and-
'!liE CORPORATION OF THE TOWN OF NEWCASTLE
Hereinafter called the "TOWN"
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 PETER VAN DER VEER as stated in the affidavit
attached to this agreement as Schedule "B";
AND WHEREAS the Town has identified concern with respect to vehieles
parking within the Municipal Road Allowance; the location of vehicular
parking in respect to the building on said lands; the sale of usErl
automobiles; outdoor storage of wrecked and inoperative automobiles and
outdoor storage of automoblle parts;
AND WHEREAS the Town acknowledges that the use of the "said lands" as an
automobile service station are deemed to be legal non-conformlng by By-law
No. 1587, of the Town of Newcastle;
AND WHEREAS the Owner covenants and agrees that pursuant to the appropriate
provisions of Zonlng By-law 1587, the use of "said lands" shall be
. ..
restricted to that of an automobile service station within the realm of
Section 3. 7 of said By-law, and a public garage for mechanical repairs
exclusive of the storage of automoblles.
Furthermore the use of a public
garage shall be deemed to include small engine repairs and service, ice
skate sharpening and the occasional sale of motor vehicles provided that no
more than one motor vehicle may be located on site and displayed for sale
at anyone time, and that it is further understood that the sale of motor
vehicles from the lands shall be and shall remain an ancillary and
subordinate use to that of the public garage.
NOW THEREFORE, in consideration of the mutual agreements and covenants
hereinafter contained, the parties hereto agree as follows:
/
r.'
;
I BYolaw NO.on..oot}:::'!!. I
--2--
1. Annexed hereto and marked as Schedule "C" is a site plan shOW'ing the
size and location of the building erected on the "said lands".
2. '!he Owner agrees that no buildings or structures, other than the
building shown on Schedule "C" shall be erected on the "said lands", unless
otherwise approved by the Director of Planning and the Director of Public
Works. '!he Owner further agrees that the use of the "said lands" shall be
restricted to that of an automobile service station within the realm of
Section 3. 7 of said By-law, and a public garage for mechanical repairs
exclusive of the storage of automobiles. Furthermore, the use of a public
garage shall be deemed to include small engine repairs and service, ice
skate sharpening and the occasional sale of motor vehicles provided that no
more than one motor vehicle may be located on site and displayed for sale
at anyone time, and that it is further understood that the sale of motor
vehicles from the lands shall be and shall remain an ancillary aQd
subordinate use to that of the public garage.
3. PARKING AND LOADING
'!he Owner agreees to provide and maintain off-street parking and
dri veway access in accordance with Schedule "C" and to do so in accordance
with specifications to be approved by the Director of Public Works which
may include a surfacing of parking areas with. concerete or bituminious
asphalt. '!he parking of vehicles shall not be permitted on access or
driveway areas maintained as fire access routes, and such fire access
routes shall be signed and maintained to the satisfaction of the Fire
Ch~ef .
. ..
4. GARBAGE AND WASTE
(a) '!he Owner agrees to provide and maintain enclosed garbage and
waste storage facilities as may be required by the Town for storage of
garbage and other waste materials from the buildings on the said
lands, in accordance with plans and specificatoins to be approved by
the Director of Public Works and the Fire Chief.
(b) '!he Owner further agerees to remove garbage and other waste
materials as often as may be required by the Director of Public Works
and the Fire Chief.
S. SNOW REMOVAL
'!he Owner agrees to remove all snOW' from access ramps, driveways,
--3--
parking areas I loading areas and walkweays wi thin twelve hours of the
cessation of any fall of snow.
6. GRADING AND DRAINAGE
The OWner agrees to maintain the grading of and continue to provide
at his cost for the disposal of storm, surface and waste water from the
said lands and from any buildings or structures thereon. Any change to said
grading and drainage shall be approved by the Director of Public Works
prior to any such works being undertaken.
7. REGISTRATION AND ENFORCEMENT
The OWner agreees that the Town may register this Agreement against
the title to the "said lands" and that the Town may enforce the provisions
of this Agreement against the Owner of the "said lands" and subject to the
provisions of the Registry Act and the Land Titles Act, as amended, against
any and all subsequent owners to the II said lands". The Owner further agrees
to re~urse the Town for the cost of the registration of this agreement~
8 . SIGNS
The Town further agrees that upon the Owner complying with provisions
of by-law 76-25, as amended (Sign By-law), sign permits will be issued in
accordance with the said By-law subject to payment of the usual permit fees
currently in force.
9 . INTERPRETATION Nal' AFFECTED BY HEADINGS
The division of this Agreement into paragraphs .and the insertion of
headings are for convenience of reference only and shall not in any way
affect the interpretation of this Agreement.
.~
IN WITNESS WHEREOF the parties have hereto affixeod their hands and
seals and/or corporate seals by the hands of their proper signing officers
..
)
)
)
)
)
) THE CORPORATION OF THE TOWN OF NEWCASTLE
)
)
)
)
)
)
)
)
duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED
in the presence~
THIS IS SCHEDULE "A" to the Agreement which has been authorized and
approved by By-law No.i3,tjlof the Town of Newcastle, enacted and passed the
'3 II:. day of ~ c.Jc , 1983.
ALL AND SINGULAR that certain parcel of land and premises situate, lying
and being in the Town of Newcastle, in the Regional Municipality of Durham
(formerly in the Town of Bowmanville, in the County of Durham) Province of
Ontario and being composed of all of Town Lot Four (4) and the Northerly 4
feet 2 inches of even width throughout Town Lot Three (3) according to a
plan registered as Number 82 for the said Town of Bowmanville on July 9,
1913 .
TOGETHER WITH a right-of-way for ingress and egress over, along and upon
the Westerly fifteen feet (15') of even width throughout Town Lot Five (5)
according to said Plan Number 82, said right-of-way leading from a
travelled road known as Sturrock Road to the lands hereinabove described
and conveyed.
'1l1e lands herein conveyed are shown outlined in red on a Plan of Survey
made by M.D. Brown, O.L.S., dated March 10, 1971 and attached to instnunent
number 49103.
THIS IS SCHEDULE IIBII to. the Agreement. wh.kh jhas been autho.dzed and
appraved by By-law No.. g3,.Q, af the Tawn af Newcastle, enacted and passed
the I'J!*. day af -S(,.f.v~ ,1983.
AFFIDAVIT OF OWNERSHIP
I, PETER VANDERVEER, af the Town af Newcastle, in the Regianal Municipality
af Durham,. make aath and say as fallaws:
1.
I am the awner af the lands described in the attached
Schedule "All and. as such have knawledge af the matters hereinafter deposed
to..
2.
I taak title to. the said lands by way af deed registered an
the 28th day af April, 1971 as no. 49103 which was subsequently amended by
a deed registered an the 16th day af December, 1971 as no.. 52433.
3.
I have remained to. the date hereaf the sale awner af the
afarementianed praperty.
SWORN BEFORE ME at the Town af
Newcastle, in the Regianal Municipality
of Durham, this /l.9'_r::~- o~ 1983.
A
ra
<l.l
(J)
(J)
cO
~
ra
~ra
cO ~
ro
<l.lra
N <l.l ,.. I
,~ -tJ . \.
~ 0 .. 00
o cO
rL:~
-tJ<l.l
~
cO ...
<l.l
~~
<l.l-tJ . '.::,t
<l.l (J) ,ti . ...
..acO ~'"
0 ......i
(J) ~ .. . ...
cO <l.l :- ('.
rL:Z '.. .1
,. "'. '
rL:4-l '.' .'
o 0 1.:..1
,~ t 00
~~ .0...1
"::.\1
0 "....
-tJ8 (.....
~ ..--,
<l.l<l.l ( 'i
SrL: ....
<l.l-tJ
<l.l ,
~4-l(Y)
tJ'lOco
~ O'i
~
<l.l ft
rL:
-tJ
0 t<)
-tJ -"1
= I
00
= Z
tL1 :3
HcO ....
t:J H ~I -
N
Q I 0" u, ....
tL1 >t ~(....
~ !il ..J
o cO'.
00 >t ra.....: 0-
..a :z
00
Hra
<l.l
00:> t-=
HQ en
~ ~ (J) :z
8 ~,~
~rL:
cO-tJ
1
: I
()
. I
~
Right - of - Way
STURROCK
"'J _ 74 or' _ L-__
'Y /
(Inst. N2 8919)
ROAD
IJ5' - 0"- --- -
150' - 0 ., _ - .!::=:=:=-
INSl:
N9
ch"
78908
'~
,~
~
<)
~
~
~ ~
, ~
~ ~
<) ...
~ 0:
I ~ C)
....
:...
't ..1
, I
'()
, I
~
00 ~
1"~ ~ '
tt:' 3
}eA"---~.K'?~~~.- ..J. - :.~~,:':~:"'?6:'_:'!:_::~-.- "
I > . . · ')l "J''''. _.,....~ t~ ::-<-, .
~~ N ~"J~:.~ _ ~~..~~~
I rTT9 - -- - --I
21/2 Slory 'J..n. -4- 30.71'
/,,(:~~s/ I
/. / / - ~I 30.68'
- .~ .~
ol IJi
I:~ .
....
,"
+C4,
,~
~
~
t
II
I
I I
I I
-- -- -~ - ----- - --- -
-t--- -,-.._- - - --- - -----
,+1:
- " ,.~h- -
-~. I. -z
N 74000 E
_LOr
LI~E
110'
/65 - 0
,<::)1
&
~
I)
::..
()
I
~
- --..... --- - I
-- ---- -sTANGLE - r
lOT/,R.1'? 82 71
(!)
o
(!)
::>
o
(J)
PLAN SHOWING
PART OF LOTS 2 AND 5, ALL OF LOTS 3 ANO 4
ACCORDING TO REGISTERED PLAN N2 82
AND PART OF TOWNSHIP LOT 13, CONCESSION 2
ALL WITHIN THE LIMITS OF THE FORMER
TOWN OF BOWMANVILLE
TOWN OF NEWCASTLE
REG/ONAL MUNICIPALITY OF DURHAM
SCALE I / Nell = 30 FEET
SURVEYOR's CERTIFICATE
"
~
I HEREBY CERTIFY THAT'
I. Tl1is survey and plan are couecl and in accoldance with lhe Surveys Acl and Il1e
Reqis/,y Ac/ and lhe requ/alions tn(}de Il1ereundel.
2111e survey was comp/eled on 111e91h. day o/March, 197/.
___~~B~~_.
...:- ~ Q;. O.8ROWN
On/ado Land Surveyor
//06
83/25 UPDATED JULY 28) /983
-+- Denotes /Ion Bar 5/8'x5/8''x24''/onq.
710/7
MARCH 10, 197/.
6tS
'"il~:'ll<.
\:.'111 of
,~. ;'.~4', ,"'!C.
"h,,' HHhle
J I",:
'..l;,l{,lf
,:0:1<
;dl
~J,anle
'le
-';1
.n
AffiJavil - Tho: Planning Act
I UI/;'NDLD APRIL t. 1981)
LJ'(E &: DURHAM CO, UMITED
FORM NO. 613
"';-- r
......
...-
.
-.,
-..,
~ l."
~
,
~'->-I'
./ ;.,.",,- -.rJ .~~ '"
......'
......-
IN THE MA TIER of llk PLANNING ACT (.is amend~ J)
AND IN THE MATTER of the TITLE TO Lot 4, and t,he Northerly 4
feet 2 inches of even width throughout Lot 3, according to
a plan registered as No. 82 for the former 'l'own of Bowmanville,
County of Durham, now part' of the Town of Newcastle, Regional
Mun icipalit:y of Durham____
AND IN THE MATTER OF An A.greement
THEREOF. FROM
Peter Vdn Der Veer
TO
'l'he 'Corporat ion of the 'l'own of Ne\vcastle
D A Tl-:;~
July 29th, 19B3
I, Peter Van Der Veer
of the
of
Newrastle
in lhe RO'lional Municipality
of Durham
Town
hL'\KE OATH AND SAY AS FOLLOWS:
1. I am the "Olimer of the First Part U
named in the abov~ mentioned Instrument, and k.tVe kn(jw!.:~lge of the matters hcrr::iILlfr..:r
sworn,
2, A consclll ilfJ, 1(:1 "o.:t.:l1nll 2901 The.: Plall"ing Al.:t, as amended, in respect of the said Instrument is
lKJt relluifcd bt:l'.W:,1,;
(a) The present registered owner does not retain the fee or the equity of redemption in, or a
power VJ' right to grmll, assign or exnyise a power of appoilllment with respect to any land
ulJiJ/tIJlg /JH! hmd aJlec!i:.'(! by fhe sa 1d Agreemen t .
SWORN before me
at the Town of Newcastle
in the Regional Municipalit:y of
Durham
t It is 29th
day of
July
A ("'mm: .~;
. '.
.
{AFFIDAVIT OF SUBSLRIBING WITNESS
NO. 642 COMBINED AFFIDAVIT AS TO AGE AND SPOUSAL STATUS
U"'ITEO STATIO"'ERV CO. L TO.. LEGAL FORM DEPT.
30 PRODUCTION DRIVE. SCARBOROUGH
AFFIDA VIT OF SUBSCHIBING WITNESS
I,
ARTJ.lUR ALAN HARVEY STRIKE
AMENDED MARCH 1972
of the Town of Newcastle
in the
Regional Municipality of Durham, Solicitor
make oath and say:
I am a subscribing witness to the attached instrument and I was present and saw it executed
at
the Town of Newcastle
by
Peter Van Der Veer
.See footnote
.See footnote
I verily believe that each person whose signature I witnessed is the party of the same name referred
to in the instrument.
A
~
in the
Municipality of Durham
this 29thday of July
Regional
SWORN before me at the Town of Newcastle
,
..
19 83
IP~ ,e/YI-dd.
A COMMISSIONER FOR TAKING AFFIDAVITS, ETC
. Where a party is unable to read the instrument or where a party s;gm by making his mark orin foreign characters add
"after the imtrument had been read to him and he appeared fully to understand it" Where executed'under a power of attorney
illsen "(name of attorney) as at/omey for (name of party)"; alld for next clause substitute "I verily believe that the person who.e
sijruUure I witne.sed was authorized to execute the ill8tn4ment as attorney tor (name)".
Milch 1978
I.JmIC
AFFIDAVIT AS TO AGE AND SPOUSAL STATUS
peter Van Der Veer
United Stationery
of the
Town of Newcastle
in the
Regional Municipality of Durham
-If attorney
see footnote
make oath and say:
When
I
executed the attached instrument,
IhWet
was at least eighteen years old.
Strike out
mapplicaWe
clauses.
Within the meaning of section 1(f) of The Family Law Reform Act. 1978:-
a) I was a spouse.
~~KKotJClDeJllJUbcIlC
~
JQ
~ftt"~L
;JP#'
d) (i) The property described in the attached instrument or writing has never been occupied by myself and my
spouse as our matrimonial home
~~~~X~~Xi>>XiK~M~~~~ltEXlXltKaOtJaf~
XDC~ifllD~XXXX~~~~~~xex~K!JlM)Q~.x~llCl~~XnuiKitoox~:ktxHottX
JG~X~~lX:llCltlXlllliK~~~X '.
i~~lKllCJtlilllt~XX<<X~~Jt;Jl~~~x.x~XX:~
lIglltataeXlX c...;-----
Qt>.xac~XxSWORN before me at the
of Newcastle
Town
)
'.
Resident of
Canada. etc.
in the Regional
Municipality of Durham 19 o~
this 29tfflY of July ~
A
.'0"'." "1 y....KJHO A"ID...VIT.. &..-c
, ,
A'ote: Where affidav1t made by an attorncr. ..ubstilUh~'
,r applicabl~, IlitIllt' of ntlH'r 'rUlli- (" .. ,n '" ,
atl...."t.\'.. lid ,b
''When I exct:utcd thc_ "ttal.'hcd instrument as attorney for (name), he/she was (spousal status, and
! H-..- j,t ,\.,. 1ll'I.dr I.aw Rdonn,Act, 191ft! : ,.,/.I.,."",'f 'L" pow,~rof
,;,1<,- 11\1', _.t'
,
"..
11'3066
Ndl
~~cI"'-.lRLl.
. at.~l""'tIis __ is Nt. . J ..aa
&.<,
JUL 29 3 23 PM '83 II.
liIit ~
OIIice.' I --~
h..!.AL.... ~
0fttIri0...... RlJ 1..
DATED: June 13 /7f.. , 1983
PETER VANDERVEER
and
THE CORPORATION OF THE
TOWN OF NEWCASTLE
A G R E E MEN T
,-
STRIKE & 5T
Box 7
BOWMANVILLE. ONT.
r ~
, JK8
PAID
LW IEGlSTIY omCB ILl
/7-----