HomeMy WebLinkAbout81-183
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NO. 81- 183
Being a by-law to authorize the entering into an Agreement
with LDCM Investments Ltd. and Barmond Builders Ltd.
The Council of the Corporation of the Town of Newcastle hereby
ENACTS AS FOLLOWS:
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That the Mayor and Clerk are hereby authorized to execute
on behalf of the Corporation of the Town of Newcastle and seal
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with the Corporation Seal an Agreement between LDCM Investments
Ltd. and Barmond Builders Ltd. and the said Corporation dated
the
day of
1981 which is attached hereto as
Schedule "X".
Read a first and second time this 16 day of November 1981.
Read a third and finally passed this 16 day of November 1981.
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Garnet B. Rickard ' Mayor
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David W, Oakes
Cle rk
1 file NO.nnn.__"hhn.nnn I
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DEVELOPMENT AGREEMENT, made in triplicate this /&/k-'day
of �u,:_ A.D. , 1981.
BETWEEN:
L.D.C.M. INVESTMENTS LIMITED and
BARMOND BUILDERS LIMITED,
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 Owners warrant that they are the registered
owners of those lands described in Schedule A hereto and hereinafter
referred to as the said lands.
AND WHEREAS the Town has passed By-Law 79-125 and the
Owners and Town have executed a Development Agreement which was duly
-executed-and registered in the Registry Office of the Land Registry
Division of Newcastle (No. 10) as Instrument No. 97046.
AND WHEREAS the Council of the Town of Newcastle has resolved
to approve a further two year extension of the aforesaid Agreement.
AND WHEREAS the parties thereto agree to amend the said
Development Agreement,
NOW THEREFORE IN CONSIDERATION OF THE MUTUAL AGREEMENTS AND
COVENANTS AND PROMISES CONTAINED HEREIN, THE PARTIES HERETO AGREE AS
FOLLOWS:
Paragraph 22 of the Development Agreement between the Town
of Newcastle and L.D.C.M. Investments Limited and Barmond Builders
Limited registered in the Registry Office of the Land Registry
Division of Newcastle (No. 10) as Instrument No. 97046 is hereby
deleted in its entirety and replaced with the following new Paragraph 22.
Paragraph 22: LAPSE OF APPROVAL
In the event a building permit has not been
issued to the owners on or before November 26, 1983,
2
the parties hereto agree that the Town's approval
of the site plan and drawings referred to in
Paragraph Nos. 2 and 3 hereof shall lapse.
IN WITNESS WHEREOF the parties hereto have hereunto set
their hands and seals the day and year first above written, and the
parties hereto have hereunto affixed their corporate seals by the
hands of their proper signing officers duly authorized in that
behalf.
THE CORPORATION OF THE TOWN OF
NEWCASTLE,
Per:
Mayor
i
Clerk
L.D.C.M. INVESTMENTS LIMITED,
Per:
r'
BARMOND BUILDERS LIMITED,
Per:
'MIS SCHEDULE IS SCHEDULE "A" to tl.e Agreement wllicil has been authorizc(l
and approved by By-law No. ��y o f ttie 'Iown of Nowt as t lc , enacted acid
Massed the I'GT�--) day of 'a, �,- �_ 198/,
LEGAL DESCRIPTION OF SAID LANDS
ALL AND SINGULAR that certain parcel of tract of land and premises situate,
lying and being in the Town of Newcastle (formerly in the Town of Bowmanville)
Regional Municipality of Durham (formerly County of Durham) , being composed
of all of Block E, Part of Block B, and part of Block I (1.0' Reserve)
according to a plan registered in the Registry Office for the Registry
Division of Newcastle (No. 10) as Number 698; and Parts of Lots 14, 15 ,
16, 17, 18, 19 and 20, according to a plan of Building Lots known as
J.A. Codd's Plan (Deposited in the Registry Office March 26, 1882) , and
more particularly described as follows:
PREMISING that the northerly limit of Hobbs Drive as shown on said Plan 698
has a bearing of North 72015' East and relating all bearings herein thereto;
COMMENCING at a point in the Northerly limit of Hobbs Drive distant 125.00
feet measured easterly from the Southwesterly angle of said Block B;
THENCE North 72015 ' East along the Northerly limit of Hobbs Drive, being
also the southerly limit of said Block B, 234.98 feet to a point of curve;
THENCE Northeasterly along the said curve to the right, having a radius of
316.00 feet, an arc distance of 80.00 feet, the chord being 79. 79 feet,
measured on a course of North 79030'10" East to a standard iron bar found
planted at the southeast angle of said Block E;
THENCE North 08056'50" West 105. 36 feet, more or less to a standard iron
bar found planted at the northeast angle of said Block E;
THENCE North 73058'30" East along the northerly limit of Block C of said
Plan 698, 184. 78' to a point;
THENCE North 17048' West X72. 78' more or less to a point of curve in the
southerly limit of King Street (The King's Highway No. 2) as widened by
Deposited Plan No. N31849;
-- THENCE Southwesterly along said curve to the left having a radius of
1085.92' , an arc distance of 210.90' , the chord being 210.57' , measured
on a course of South 77001'55" West to a standard iron bar found planted
at the northeast angle of said Block I (1.0' Reserve) ;
THENCE South 73041' West along the northerly limit of said Block I, 162.13'
to a point.
THENCE North 17028120" West 10.00 feet to a point in the Northerly limit
of said Block I;
THENCE South 73041' West along the northerly limit of said Block I, 141.96'
to a point;
THENCE South 17045 '20" East, 396.52' , more or less to the point_ of commencement
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