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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-----