HomeMy WebLinkAbout81-78
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'lHE CDRroRATION OF 'lHE
'ID\TN OF NEWCASTLE
BY-lAW 81-78
being a by-law to authorize the entering into
an Agreerrent with Edward Gingell
The Cbuncil of the Cbrporation of the 'lbwn of Newcastle hereby ENACI'S AS
FOLI.OVS:
'Ihat the Mayor and Clerk are hereby authorized to execute on
behalf of the Cbrporation of the Town of Newcastle and seal with
the Cbrporation Seal an Agreerrent between Edward Gingell and the
said Cbrporation dated the <l~ day of ~ A.D. 1981.
which is attached hereto as Schedule ' 'X"
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BY -lAW READ A FIRST AND SECDND TIME this 29th day of June, 1981
BY-lAW READ A [',HIRD AND FINAL TIME this 29th day of June, 1981
G. B. Rickard~~
Mayor ,_
David W. Oakes. ~~.
Clerk '
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\ File No.bQ_:_6LuO_Q1~------1
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MEMORANDUM OF AGREEMENT MADE THIS 8 tz day of 'S:4 "'y
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BET WEE N
THE CORPORATION OF THE TOWN OF NlWCASTLE,
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hereinafter called the "Town"
OF THE FIRST PART,
- AND -
EDWARD GINGELL, of the Town of Newcastle,
in the Regional Municipality of Durham,
hereinafter called the "Owner"
OF THE SECOND PART.
WHEREAS the Owner is the registered owner of certain lands in the Town
of Newcastle, in the Regional Municipality of Durham, more particularly
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described in Schedule "A" attached hereto and shown on Schedule "X" and
the key map attached to a draft by-law of~he Town, attached hereto as
Schedule "B".
AND WHEREAS the Owner has requested the Town to pass a by-law amending
~ the Restricted Area By-law No. 1587, as amended, of the former Town of
Bowmanville authorizing the use of the said lands and premises for a single
family residential dwelling, notwithstanding the fact that the said lands
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are prone to flooding under regional storm conditions and that portions
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of the lands lie within the one hundred year Lake Ontario erosion limit,
as calculated on the Great Lakes Flood and Erosion Prone Areas Mapping.
AND WHEREAS the Owner has agreed to execute this Agreement in considera.tion
of the Town so amending said By-law 1587, as amended, of the former Town
of Bowmanville.
NOW THEREFORE in consideration of the premises, the Owner hereby covenants
and agrees with the Town as follows:
1. Not to make application to the Town of Newcastle for the issuance of
a building permit in respect of the said lands until:
a) the Owner has submitted detailed plans for the project to the
Central Lake Ontario Conservation Authority for approval, which
plans shall, incorporate the. minimum building setback of 12.5
metres from the front property line. In addition, no openings,
doors, windows or otherwise shall be permitted within the proposed
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dwelling below an elevation of 78.7 metres C.G.D.
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b) all necessary permits have been obtained f~om th~ O~ntral
Lake Ontario Conservation Authority priOl' to 'MY additional
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construction or filling on the lands.
c) the Owner has entered into a Save-Harmless Agreement with
the Central Lake Ontario Conservation Authority.
2. That the Owner acknowledges that the said lands are subject to
flooding and erosion and hereby indemnify and saves the Town harmless
from and against actions, causes of actions, suites, claims, costs,
expenses and demands whatsoever which may arise either directly or in-
directly by reason of the Town approving the aforesaid amendment to
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Restricted Area By-law 1587, as amended, of the former Town of Bowmanville
or by reason of the Town entering into this Agreement.
J. The Owner agrees that the Town may register this Agreement against
the title of the said Ull'ds 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, R.S.O. 1979, as
amended, against any and all subsequent Owners of the said lands.
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IN WITNESS WHEREOF the said parties hereto have ~ffixed their hands
and seals and/or corporate seals by the hands of their proper signing officers
duly authorized in that behalf.
SIGNED, SEALED & DELIVERED
in the presence of:
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THE CORPO~N OF THE TOWN OF NEWCASTLE
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THIS SCHEDULE IS SCHEDULE "A" to the Agreement which h~ g€l@n !H-!fh9f+~~!=l
and approved by By-law No. i/~g of the Town of Newc&stla, en~~t@ij an
passed the 2-'1 fA day of ~ ,1981.
ALL AND SINGULAR that certaiDparcel or tract of land, situate, lying
and being in the Town of Newcastle, in the Regional Municipality of
Durham, more particularly described as follows:
Part of Lot 9, in the Broken Front Concession, in the former Town of
Bowmanville, (geographic Township of Darlington, former County of Durham)
and being composed of Lot 1, Lot 4 (except the easterly 66 feet thereof),
Lot 5 (except the easterly 141.9 feet thereof), the southerly 37.125 feet
of Lot 6 (except the easterly 141.9 feet thereof), the easterly 92.4 feet
of Lot 11 and the easterly 92.4 feet of the southerly 37.125 feet of Lot 12,
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all in Block 'B' fronting on First Street in the said former Town of Bow-
manville, said Lots being shown on the Plan on file in the Registry Office
for the Registry Division of Newcastle (No. 10) together with a certain street
shown on said plan running between said lots 3 and 4 on the south, and said
Lots 5 and lIon the North and also the street between said Lots 5 and 6
on the East and said Lots 11 and 12 on the West. The Plan to which reference
is hereinbefore made is a plan of subdivision of the Smart Estate made by
L. H. Short, P.L.S. filed in the Registry Office for the County of Durham
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on May 4, 1858 which Plan is now in the Registry Office for the Registry
Division of Newcastle.
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 AND DELIVERED
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Per:
THE CORPORATION OF THE TOWN OF NEWCASTLE
per:~~~,,/
[J MAYOR
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CLERK
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in the presence of:
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EDWARD GINGELL
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THE ATTACHED SCHEDULE IS SCHEDULE "B" to the Agreement which hM
been authorized and approved by By-law No. gt-7<< of the Town pf
Newcas tIe, enacted and passed the ~ q tf.. day of rq c..Jc" t 1981.
IN WITNESS WHEREOF the said 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 AND DELIVERED
in the presence of:
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THE C~F THE TOWN OF NEWCASTLE
Per: . ~~~
11 MAYOR
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CLERK
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Per:
ZLA~R ~~<
{ . EDWARD GINGELL
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THE CORPORATION OF THE
TOWN OF NEWCASTLE
By-law Number 81- 7 ~
a By-law to amend Restricted Area By-law
Number 1587. as amended, of the former Town
of Bowmanville.
WHEREAS the Council of the Corporation of the Town of Newcastle
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deems it advisable to amend Restricted Area By-law Number 1587. as
amended, of the former Town of Bowmanville.
NOW THEREFORE the Council of the Corporation of the Town of Newcastle
ENACTS as follows:
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1. Schedule 'A' to By-law 1587, as amended, is hereby ,further
amended by changing to SPECIAL CONDITION 18 the zone designation
of the lands indicated as "ZONE CHANGE TO SPECIAL CONDITION A"
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on the attached Schedule "X" hereto. and by .adding to the lands
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so indicated cross hatching and the figure 18 encircled.
2.
Schedule 'B' to By-law 1587. as amended, is hereby further amended
by adding thereto the follOWing SPECIAL CONDITION 18 as follows:
"SPECIAL CONDITION 18
The lands shown on Schedule "AIt cross-hatched and markea with
the figure 18 encircled shall be subject ,to the special regu-
lations hereinafter contained and where there is any conflict
between the regulations hereinafter set out any provision of By-law
1587, then the provisions of this Special Condition shall apply.
but in all other respects. the provisions of By-law 1587. as
amended, shall apply.
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1.1 Defined Area
The area subject to this Special Condition is shown
cross-hatched with the figure 18 encircled on the
attached Schedule "A" hereto.
1.2 Permitted Uses
No person shall use any of the lands in the defined
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area, or erect, alter, or use any building or structure
on such lands for any purpose:except one or more of the
following uses, namely:
one single family dwelling
buildings and structures accessory thereto.
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1.3 Regulations for Dwellings
(i) Lot Area (minimum) 3200.0 square metres
(ii) Lot Frontage ( minimum) 40.0 metres
(iii) Lot Coverage (maximum) 20%
e (iv) Front Yard (minimum) 12.5 metres
(v) Side Yard (minimum) 3.0 metres
(vi) Rear Yard ( minimum) 15.0 metres
(vii) Building Height (maximum) 10.0 metres
(viii) Floor Area (minimum)
a) one storey
b) l~ storey or splitlevel
c) 2 or 2~ storey
90.0 square metres
110.0 square metres
130.0 square metres
Where no basement or cellar is provided, the applicable
minimum floor area shall be increased by 20 square metres.
(ix) No openings, doors, windows or otherwise, shall be per-
mitted within a dwelling below an elevation of 78.7 metres
C.G.D.
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1.4 Regulations for Accessory Bui1din~8
(a) (i) No accessory building shall be located within
3.0 metres of a side or rear lot line.
(ii) No accessory building shall be located within
a front yard.
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(b) Maximum lot coverage shall not exceed five (5) per
cent, provided that the .lot coverage of all bUildings
on the lot does not exceed the maximum lot coverage
for a dwelling in subsection (iii) of section 1.3
hereof.
3. This By-law shall come into effect on the date hereof, subject
to the provisions of Section 35(10) of the Planning A~t.
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BY-LAW READ A FIRST TIME this "2....tf Ikd~y of r ,~.D. 1981.
BY-LAW READ A SECOND TIME this L9 11\ day of ~ ,A.D. 1981.
BY-LAW READ A nlIRD T~ME AND FINALLY PASSED this :L? ~day of ~
A.D. 1981.
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G.B. RICKARD, YOR
(seal)
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D.W. OAKES, CLERK
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THIS IS SCHEDULE !X' TO BY-LAW 81-2i.,
PASSED THIS ~q tt\ DAY OF s4.u~A.D.1981.
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FIRST STREET
~ ZONE CHANGE TO
~ 'SPECIAL CONDITION IS'
5 10
20m~
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G.B. Rickard, Mayor
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Q W. OOkes, Clerk
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LAKE
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KEY MAP FOR BY-LAW 81-2i.
BOWMANVILLE
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AMEt-JOED MARCH 1972
Dye & Durham Co. Limited, 160 Bartley Drive. Toronto
Form No. 114
AFFIDAVIT OF SUBSCRIBING WITNESS
I,
Olga Mary Saulnier,
of the
T'~~ of Newcastle,
in the Regional Municipality of Durham, Secretary make oath and say:
I am a subscribing witness to the attached instrument and I was present and saw it executed
at
Town of Newcastle
by
Edward Gingell,
.See footnote
'See footnote
I verily believe that each person who,se signature I witnessed is the party of the same name referred
to in the instrument.
SWORN before me at the
Town of Newcastle
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in the
Reg! onal Muni cipali ty
this l6thIay of Jaa
of' Durham,
19 81
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· Where a party is unable to read the instrument or where a party signs by making his mark or in foreign characters add
"after the instrument had been nad to him and he appeared fully to understand it". Where executed under a power of attorney
insert "(name of attorney) as attorney for (name of party)"; and for next clause substitute "[ verily believe that the person whose
signature [ witnessed was authorized to execute the instrument as attorney for (name)",
For place of
residence insert
appropriate County,
District. Regional
Municipality, etc.
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AFFIDA VIT OF SUBSCRIBING WITNESS
I,
of the
in the
make oath and say:
I am a subscribing witness to the attached instrument and I was present and saw it executed
at
by
.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.
SWORN before me at the
in the
this
day of
19
A COMMISSIONER FOR TAKING AFFIDAVITS. ETC.
. Where a party is unable to read the instrument or where a party signs by making his mark or in foreign characters add
"after the instrument had been nad to him and he appeared fully to understand it", Where executed under a power of attorney
insert "(name of attorney) as attorney for (name of paTty)"; and for next clause substitute "[ verily believe that the person whose
signature [ witnessed was authorized to execute the instrument as attorney for (name)",
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THE CORPORATION OF THE TOWN OF
NEWCASTLE
- and -
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EDWARD GINGELL
A G R E E MEN T
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