HomeMy WebLinkAbout81-130
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THE CORPORATION OF THE
TOWN OF NEWCASTLE
BY-LAW NUMBER 8l-l30
being a by-law to authorize the entering
into an agreement with Rudy Faber and Bonnie
Faber
The Council of the Corporation of the Town of Newcastle ENACTS AS
FOLLOWS:
nAT the Mayor and Clerk are hereby authorized to
execute on behalf of the Corporation of the Town of
Newcastle and seal with the Corporation Seal an
Agreement between Rudy Faber and Bonnie Faber and the
Corporation dated the day of A.D. 1981.
which is attached hereto as Schedule "X".
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BY-LAW READ a first and second time tbis 2lst~dayof September, 19 8l
BY-LAW READ a third and final time this 21st day of September, 1981
:;~~t B. lli<kar~~~
David W. Oakes t l..:'~.-.el.x:{),.(:11-o
Clerk
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I File NO..m...m...Ce.9.,mSL,mQ,1Ot.1
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[BY-laW NO_u_--u~L:nJL.1
DEVELOPMENT AGREEMENT MADE (in quintuplicate) this;:2~ day of~~
A.D. 1981.
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BET WEE N
RUDY FABER and BONNIE FABER,
hereinafter called the "Owners"
OF THE FIRST PART
- AND -
THE 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";
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AND WHEREAS the Owners have represented to the Town that the said lands
are registered in the names of RUDY and BONNIE FABER although the
is the beneficial owner of the said lands
as stated in the Affidavit attached to this agreement as Schedule "B";
AND WHEREAS the Owners proposed to erect a one storey frame gift shop
on the said lands; and have requested the Town to approve the said
development pursuant to the provisions of By-law 79-l5l;
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AND WHEREAS the Town has resolved to approve the said development pur-
suant to the said By-law 79-lSl provided that the Owners enter into
this Agreement with the Town;
NOW THEREFORE, in consideration of the mutual agreements and
covenants hereinafter contained, the parties hereto agree as follows:
1. Annexed hereto and marked as Schedule "c" is a site plan showing
the size and location of the existing buildings and the building which
the Owners propose to erect on the "said lands", which is hereby approved
by the Town.
2. The Owners agree that no buildings or structures, other than
the building shown on Schedule "c" shall be erected on the "said lands"
and further, that in the construction of such building the Owners will
comply with the location of the building on the lot and all other matters
relating to the building shown on Schedule "C".
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3. PARKING AND LOADING
The Owners agree to provide and maintain off-street parking
and driveway access in accordance with Schedule "e" and to do so in
accordance with specifications to be approved by the Director of Public
Works.
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4. GARBAGE AND WASTE
(a) The Owners agree to provide and maintain enclosed garbage
and waste storage facilities as may be required by the
Town for the storage of garbage and other waste materials
from the buildings on the said lands, in accordance with
plans and specifications to be approved by the Director
of Public Works and the Fire Chief.
(b) The Owners further agree to remove garbage and other waste
materials as often as may be required by the Director of
Public Works and the Fire Chief.
5. SNOW REMOVAL
The Owners agree to remove all snow from access ramps, driveways,
parking areas, loading areas and walkways within twelve hours of the
cessation of any fall of snow.
6.
GRADING AND DRAINAGE
The Owners agree to undertake the grading of and provide for at
their cost the disposal of storm, surface and waste water from the
It
"said lands" and from any buildings or structures thereon to the satis-
faction of the Director of Public Works.
7. LIGHTING
The Owners agree to provide lighting of the "said lands" and
building and to refrain from erecting or using any form of illumination
which in the opinion of the Town would cause any traffic hazard or would
cause a disturbance to residential uses adjacent to the "said lands".
8. FENCING AND LANDSCAPING
The Owners agree to erect and maintain fences and plant and
maintain, trees, shrubs or other suitable ground cover in accordance
with Schedule "c" hereto.
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9. APPROVAL OF PLANS AND SPECIFICATIONS
The Owners agree that the issuance of any building permit
in respect of the "said lands" shall be prohibited until all plans
and specifications required pursuant to this Agreement have been approved
by the Town.
10. REGISTRATION AND ENFORCEMENT
The Owners agree 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 Owners of the "said lands"
and subject to the provisions of the Registry Act and the Land Titles
Act R.S.O. 1979, as amended, against any and all subsequent owners of
the "said lands".
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11.
BUILDING PERMIT
The Owners agree that upon the Owners complying with the pro-
visions of this Agreement respecting the approval of all plans and
specifications required herein, building permits will be issued in
accordance with the plans subject to payment of the usual permit fees
and other fees as are payable under by-law currently in force in the
Town and provided that all building plans comply with the Ontario Building
Code and
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12.
LAPSE OF APPROVAL
such other Municipal By-laws as may be relevant.
,DJi.ut 1- ~/
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In the event a buildingVhas not been issued to the Owners
within the period of two years hereinafter in this sentence referred
to, the parties agree that the Town's approval of the site plan and
drawings referred to in paragraph number 1 hereof shall lapse upon the
expiry of two years from the date of the registration of this Agreement.
13. CONSTRUCTION COMMENCEMENT
The Owners' agree to commence construction of any building or
buildings for which a permit may be issued under Paragraph 11 hereof as
soon as is reasonably practicable following the issuance of any such
permit.
14. INTERPRETATION NOT 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.
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15. This Agreement shall enure to the benefit of and shall be
binding upon the parties hereto and their respective successors or
assigns.
IN WITNESS WHEREOF the parties hereto have affixed their
hands and seals and/or corporate seals by the hands of their proper
signing officers duly authorized in that behalf.
SIGNED, S
D & DELIVERED
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RU FABER _
~~_~ o?[l~-
BONNIE FABER
~ON OF THE TOWN OF NEWCASTLE
Per. ~ ~
per:~ ~
· . -CL~~
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LIST OF SCHEDULES
A
Legal Description of said lands
B
Affidavit of Ownership
c
Site Plan including:
Location of buildings
Landscaping and fencing
Parking and access
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THIS SCHEDULE IS SCHEDULE "A" to the Agreement which has been author-
ized and approved by By-law No. jl'~so of the Town of Newcastle, enacted
and passed theo</-Aday of~, 1981.
LEGAL DESCRIPTION OF SAID LANDS
(metes and bounds description to be provided by Owners)
ALL 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, being that part of Lot 18 in the Fifth
Concession of the geographic Township of Darlington, in the former
County of Durham, known and described in a plan thereof made
by L.H. Short, P.L.S. for one Benjamin Fairfield Perry bearing
date the 24th day of December, A.D. 1986 as Village lot
number 6 in Perry's Plan of the Village of Hampton, which plan
is on file in the Registry Office of Durham West No. 10, and was
registered on the 5th day of January, 1857.
IN WITNESS WHEREOF the parties hereto have affixed their
hands and seals and/or corporate seals by the hands of their proper
signing officers duly authorized in that behalf.
SIGNED, SEALED & DELIVERED
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CLERK
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R DY FABER
'7~ L C:~-
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BONNIE FABER
prrence of:
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THE
Per:
Per:
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nns SCHEDULE IS SCHEDULE "B" to the Agreement which has been
authorized and approved by By-law No. ~O-(JOof the Town of Newcastle,
enacted and passed the d:<(oA. day of ~f~1981.
AFFIDAVIT OF OWNERSHIP
(to be provided by Owner)
WE HEREBY CERTIFY that the three pages attached hereto form
a true copy of an instrument registered in the Land Registry
Office No. Newcastle (No.1Q), on the 20th day of October, 1972
as Number 56643.
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DATED at the Town of Newcastle, this ~O%day of Ju LV- 1981.
IN WITNESS WHEREOF the parties hereto have affixed their hands and
seals and/or corporate seals by the hands of their proper signing
officers duly authorized in that behalf.
SIGNED, EALED AND DELIVERE~~ ~
. ~j Ru Faber
1n J(e pr S~\\b' /d~ ~
Bonnie Faber
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THE CORPORATION OF THE TOWN OF NEWCASTL~
per~~ /
o 7 Mayor
fa~'~
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Clerk
Per:
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Duda
Form No, ).4
John A. N.....ome, Limit.!<!, Toront,?
1Chis jndcntUfC,
made in duplicate the third day of October
in the year of our Lord one thousand nine hundred and seventy-two.
In IImJlUamt of t1Jt &1Jnrt lformJl JJf Q!nnufgamfl1 Art:
Ijdfttlfn
FRED A. LODGE, formerly of the City of Oshawa
now of the Township of Darlington in the County
of Durham, Dunlop Employee, and
ELIZABETH LODGE, his wife of the same place,
as joint tenants and not as tenants in common,
hereinafter called the Grantors OF THE FIRST PLACE;
- and -
RUDOLPH FABER of the Town of Bowmanville in
the County of Durham, Plumber, and
BONNIE ELIZABETH FABER, his wife of the same
place, as joint tenants and not as tenants
in common,
hereinafter called the Grantees OF TH:L SECOND PLACE;
_iblfSStU, that in consideration of certain other valuable consideration
and the sum of one ---- ($1.00) ------------------
dollar
of
lawful money of Canada now paid by the said grantee s to the said grantors (the receipt
whereof is hereby by them acknowledged) t heY the said grantors DO
GRANT unto the said grantee s in fee simple as join t
tenants and not as tenants in common.
ALL and Singular that certain parcel or tract of land and premises, situate, lying and
being that part of Lot 18 in the Fifth Concession of the Township
of Darlington, in the County of Durham, known and described in a
plan thereof made by L. H. Short, P.L.S. for one Benjamin Fairfield
Perry bearing date the 24th day of December, A.D. 1856 as Village
lots number 6 in Perry's Plan of the Village of Hamptgn, ",-,
which plan is on file in the Registry Office of Durham ~'Icst;:'ahd VIas
registered on the 5th day of January, 1857.
" "i
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Srd 1', o..d without Dower
as joint tenants and not as
TO HAVE AND TO HOLD unto the said grantees ,/their
them and their sole and only use forever.
tenants in common,
heirs and assigns to and lor
SUBJECT NEVERTHELESS to the reservations, limitations, provisoes and conditions expre::.&eJ
in the original grant thereof from the Crown.
THE said grantor s COVENANT with the said grantee s THAT tJle y ha ve the
right to convey the said lands to the said grantee s notwithstanding any act of the said
srantor s.
AND that the said grantee s
encumbrances.
shall have quiet possession of the said lands free from all
AND the said grantor s COVENANT with the said grantee s that t he y will execute
such further assurances of the said lands as may be requisite.
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AND the said grantor s COVENANT
no act to encumber the said lands.
with the said grantees that t he y have done
AND the said grantor s RELEASE
the said lands.
to the said grantee s ALL the ir
claims upon
e
IN WITNESS WHEREOF the parties hereto have hereunto filet their hands and seals.
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&tgnrb. &rwb anil IIrltttrrrb
IN THE PRESENCE OF
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Cou n ty. DII.
trlet, Raalonal
Munlelpallty
~te. and nam.
Itf !IIRm..
Strike out
word. and
parte not
applicable
and Initial.
If Attorney
!\f'e footnote.
~;r;VERALLY
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Insert
County, llia..
1 riet. Regional
Municipality
etC. and name
fll same.
Th is affidavit
may IX' made
hy the
l-urchaser or
vendor or by
anyone actine
(ur them under
power of
II t turney or
hy lln a~nt
accredited in
wTitinlit by
tht" purchaser~
or vendor or by
tht' ~olicitor of
_either or
them or by
~,')me othe>r
IN:'raon
al'proved by
I he Miniall'r
pf lh'v('nue.
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AFFIDAVIT AS TO LEGAL AGE AND MARITAL STATUS
COUNTY OF DURHAM 1 JYWE
of the
To Wit: in the
in the within instrument named, make oath and say that at the
instrument,
Fred A. Lodge and Elizabeth Lodge
Township of Darlington
County of Durham, the grantors
time of the execution of the within .
1. '\/WE were of the full al<e of eighteen years' and married to each other.._
2. At the time of execution and delivery of the within convey'anc~
~~~twe the grantors were residents of Canada within the m2an1ng
of the Income Tax Act.
~~m~~~~~a~-Mmm]n~rumffit-----------orffie~rra~or~~1~ny~~
3':"'-w"fiS' TegallY -married1~rh~ -P;r";;;n -name<lth;'r;in -a;" my -;"Ti~7h;;sb;nd;
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4": '-was unmarried! d1'vorced7;;id~w~;::
SWORN before me at the
Village
t f ,/,. ,1 T \ f t, \ . ,
t..\Nk' ..... I.V-, \, ((1{.--
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<~~)~--.) f.- .re.. 1~~~
of
Orono
County of Durham
this 3/l.'t/ day of OC~~ber 19 72
A Commis~~~s, etc.
NOTE: If Attorney, ,;ub~te in space provided, "I am Attomey for (State name) .
one of the parties named therein and he/she was of the full age of ehrhteen years, at the tinw
of execution of the power of attorney."
in the
Affi~anit UJl1r ijau~ wraufl'r Wax Art
IN THE MATTER OF THE LAND TRANSFER TAX ACT
PROVINCE 01<' ONTARIO ) I, Fred A. Lodge
COUNTY OF DURHAM , of the Township of Darlington
J' in the County of Durham,
To Wit: named in the within (or annexed) transfer make oath and say:
1. I am .__"__,, 1:h~",g:r.~:l1t,9r "'n_ mu m m
named in the within (or annexed) transfer.
2. I have a personal knowledge of the facts stated in this affidavit,
3. (1) The total consideration for this transaction has been allocated as follows:
(0;) Land, buildings, fixtures and goodwill
(b) Chattels-items of tangible personal property
TOTAL CONSIDERATION
$~ 7 , 000 . ~. 0
,u$u___.~~lm' ...
37 000.00
_$,.L"..,_
(2) The true cons.ideration for the transfer or conveyance for
Land Transfer Tax purposes is as follows:
(a) Monies paid in cash
(b) Property transferred in exchange (Detail Below)
(c) Securities transferred to the value of (Detail Below)
(d) Balances of existing encumbrances with interest owing at date of transfer
(e) Monies secured by mortgage under this transaction, ,...$,..b ~DOl.0D
(I) Liens, legacies, annuities and maintenance char~es to which transfer is subject $ n~
(g) Other (Detail Below)" ", '$ .. nil
TOT AL CONSIDERATION (should agree with 3 (1)( a) above) $31 '; 000.00
4. If consideration is nominal, is the transfer for natural love and affection?
$3 2,0910 . 00
$ n~
nil
: nil
All
hlank:-'>
mu;<"t be
filled in,
5. If so, what is the relationship between Grantor and Grantee?
(If other than husband and wife, complete 3(2) (d))
6. Other remarks and explanations, if necessary
"~'t..__.._----_. '. .-.
Village
SWORN before me at the
of Orono
in the County
of Durham
this 3 jUI day of October
19 72.1
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A Comtll~Oner;)t{','
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Retail sales tax IS payable op;:ihe valuation of items shown in 3 (1) (b) unless otherwise exempted
provisions of The Retail Sales Tax Act
under the
... For place of
1""!oOidence
ill.'i~rt
"ppropriate
County,
ni~trict,
Hp~ ional
.\Junici-
pnlity, etc.
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COUNTY OF
DURHAM
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of the
To Wit:
(l.1'j~/f (. G uJ; &- L t::- /
Beatl"i",c !{eed
Village of Orono
in the County of Durham,
secretary
(Occupation)
make oath and say:
1. THAT I was personally present and did see the wIthin or annexed Instrument and a duplicate thereof duly signed,
sealed and executed by Fred A. Lodge and Elizabeth Lodge
two of the parties thereto.
Village of
2, THAT the said Instrument and duplicate were executed by the said part ies at the
Orono.
3. THAT I know the said part ies.
4. THAT I am a subscribing witness to the said Instrument and duplicate,
SWORN before me at the Village of Orono
in the- County of Durham
this c3",A ,/. day of Ootober
,/~. .
A c......;."~ ·
T. Wit, }
I,
of the
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make oath and say:
1. THAT I was personaJly present and did see the within or annexed Instrument and a duplicate thereof duly signed,
sealed and executed by
( Occupation)
2. THAT the said Instrument and duplicate were executed by the said part
at the
3. THAT I know the said part
4. THAT I am a subscribing witness to the said Instrument and duplicate.
SWORN before me at the
in the.
this
day of
A Commissioner for tak1na Affldavitll, etc.
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SURVEYOR'S
CERTIFICATE
I HERE8'f CfRTlF'f THAT"
I nil' SURV!'f AND PLAN ARE CQRAfe r AND IN Ao;~OANCE Nt rl1 rHE SlJRVU'S
2 rnE SUAVE'f ,liAS COMPLETED ON Hi( ~I/l DM Of NOve:...aIR ,1980,
ACT AND rHE REGfsnH ACT AND n1E REGULAfIONS \lADE fHEREIJNCfR
NO'lIMBIR Ie, 1980
--~~
OIHAHIO LAND SURV!. 'fOR
THE ASTRONO \fIC BEARINa 0' SCUGoa ROAD. SHO'.m AS N 31023' 40" 'N
BEARING REFERENCE
ON PLAN 10 R 399, aOVIRNS 4LL SEARING'J SHOWN HEREON.
.is.a. / "
.'t'"" Denote" 2 'SQUore ~ro~ Bor
--Q- Denotes ," SQUore [ron Bor
'f- Denotes 5/a"squo(e I(on 80(.
Pt. Denotes planted.
)0 ,~, Denotes found
(20.593rn) Denote, Metric equivalent
MERRILL D. BROW'N.LIMtTED
LAND SlIlVf!YINO a ENGINEERING
121 QUEEN STREET
BOWMANVILLE.ONTARIO.
~- ReviSI\)M:
November '8. '980
Scale:
"':20' (I: 240)
Prawn by:
M. O. a.
fife:
80217.SP
PLAN OF SURVEY
AND SITE PLAN OF
VILLAGE LOT 6 ACCORDING TO THE
PERRY PLAN OF THE UNINCORPORATED
VILLAGE OF HAMPTON MADE BY
L. H. SHORTT,P,L,S, DATED JANUARY 5,1857,
(PART OF ORIGINAL LOT 18,CONCESS/ON 5)
GEOGRAPHIC TOWNSHIP OF DARLINGTON
FORMER COUNTY OF DURHAM)
NOW WITHIN THE LIMITS OF THE
TOWN OF NEWCASTLE
REGIONAL MUNICIPALITY OF DURHAM
SCALE: I inch = 20 feet ( I: 240)
M. D. BROWN O.L.S. 1980
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RE" OENC!
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lito I -: Fl'.';- ,/~_1. " ~:':.... fRAME ~ Q7
," ~ O'FICI I :-;@",- tr..:, ,,' . (II
I." 62,96' ___ ____1 .l''t, ;,~:~~,~;!!,~~,:,~: SHED ~
I. Jr?, I I '3('{. f'R4\fE'OlFr SHOP 1h~,';~t'(<: .- " . .ID
· tV' I ,,, t~~ -: V<<~" '..' .'. - \I)
00 Q, 2 S ((. SR / C K HOUSE 0' AM aER f:{~~i~,;.t. .' ", .,.; ,(..; ,,';'..' :.. t.d
I:' Ire I g NH FLOOR S(AC! s '519 sq.'" ~t~n.'\':~:~" ;:i::;;@'~ ,~;'<.' ~ B ID
· I (' -r , .. OWELLlNCJ " ~ (4I,lml) '..s't.:t.J,~, Il'~.:)('. rc;".--. f5 _ ~
I. I L- oJ . I <I' ,,,~ ,~~ ~ ~~~,\a.~~;.'" ' f 't ....';.'.. ," _ ~
":1 .'-'i' (FA8!R R!g/OrNC!) ') {~()i!"-~:i}. ,4:~?~~-:-.~,
..1 'EPnC BED AREA r'!'ll 1:'~~"'$,o"'!1::"';'}';, :l-.~. ,.t~:.,,;;~ ',.::'
I~'I SUBJECT LANDS I: 111111' -'~-.;;;- .:-;-:-.', !i,'''~';5"f~'::~'k;\~~;;'L~;.~~i~c@J " ',.
. ' L _I .. ,- - - - -.-'::1, -:: ,,-;' ,~~~X-Q. i. ~~~:'> '. , ~ '"
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TH1:S SCHEDULE 1:S SCHEDULE HG.' , to the AS1=:eement whi.ch ha.s been authop;ized
and approved by By-law NQ. 8 (-l30of. the Town of. Newcastle, ena.cted and
passed the ;)..J/>I- day of ~~ , 1981.
1:N ~ITNESS WHEREOF the parties hereto have a.ff.ixed their hands and
seals and/or corporate seals by the hands of their proper signing.
officers duly authorized in that Dehalf.
SIGNED, S~ED & DEL1:VERED
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~~UDY~~
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BONNIE FABER
THE COlll'~_F THE TOWN OF NEWCASTLE
per~ -~~,,/
Fer: j)~. ~
CLERK
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Form No, 114
AFFIDAVIT OF SlJRSCRllIlNC WITNESS
I,
George T. Pollitt
of the Town of Newcastle
~ the Regional Municipality of Durham, solicitor
make oath and sa)':
I om . slIbscribing witness to the attached instrumrnt and I was pre~nt and saw it executed
at the Town of Newcastle
by
Rudy Faber and Bonnie Faber
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I verily believe that each perllOn whose ~illnah're I witne~se-n i~ the party of th~ same name referred
to in the InlltTlIment.
SWORN hefnre me at the- Town of Newcastle
in the Regional
Municipality of Durham. ,/
o <; I ~~
this~.c> (ay of :a "
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AFFIDAVIT OF Sl'J\SCRIBI:'\(: WITNESS
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of lhe
in the
make oalh alld ~ay:
1 am a slIbscribinj,l witnt'lIS to the atlal'he-d iri~trl1lnl'nt and I wa~ pre~l"l\t and saw It I'W("lIll.d
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I verily believe that each prrllOn who~r ~iltnalllre- I witlll"~~I'c1 i~ the party of the same- 1I.1I1lt' refcrrl'd
10 in the in~tnllnt'nl,
S\\'ORN lW!rnrl' ol" nl th,.
in the
this
day of
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RUDY FABER
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BONNIE FABER
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THE CORPORATION OF THE TOWN OF NEWCASTL
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DEVELOPMENT AGREEMENT
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