HomeMy WebLinkAbout76-33
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW :If.
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A by-law to allow an encroachment onto the
Road Allowance between Concessions I and 2,
in the Geographic Township of Clarke, County
of Durham, now in the Town of Newcastle.
WHEREAS Leslie Peck and Phyllis Peck are the owners of the lands
and premises being composed of part of lot eight (8) in the
second concession of the Geographic Township of Clarke, County
of Durham, now in the Town of Newcastle, Regional Municipality
of Durhan, more particularly described on Schedule "A" attached
hereto;
AND WHEREAS a survey of the said lands and premises, a copy
of which is attached hereto as Schedule "B" has disclosed that
the dwelling thereon has inadvertently been erected on the Road
Allowance between Concessions 1 and 2, Geographic Township of
Clarke, now in Town of Newcastle;
NOW THEREFORE the Council of the Corporation of the Town of
Newcastle pursuant to The Municipal Act, R.S.O. 1970, Chapter
284, Section 354 (1) paragraph 93 HEREBY ENACTS as follows:
1.
That the said Leslie Peck and Phyllis Peck orethe owner
or occupant from time to time of the residence property,
being part of lot 8, concession two, of the Geographic
Township of Clarke, now Town of Newcastle, Regional
Municipality of Durham, be allowed to maintain and use
the encroachments of their dwelling erected on the Road
Allowance between Concessions I and 2 -Geographic
Township of Clarke, as shown on the survey attached
hereto as Schedule B, until such time as the said dwelling
is demolished or for any reason whatsoever ceases to be
situated as shown on Schedule B attached hereto.
That the said Leslie Peck and Phyllis Peck or the owner or
occupant from time to time of the residence property being
part of lot eight, concession two, of the Geographic Township
of Clarke, now Town of Newcastle, Regional Municipality of
Durham, have the right from time to time to make all necessary
repairs and renewals to the building but that this licence
shall cease to exist upon the happening of the following
occurrances:
A) The total destruction of the building shown in Scthedule "B"
as a one-story frame and brick building.
B) Partial destruction so as to render the building, s~t out
above uninhabitable.
2.
3.
The owner of the said residence property, frmm time to time,
pay to the Town of Newcastle an annual fee of $1.OO in advance
for the right to maintain and use the said encroachment.
By-Law given its first, second and third readings and finally
passed this / 7t-.. day of H 14"-( 1
seal
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J.M. McI1roy- C1e
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SCHEDULE "A"
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ALL AND SINGULAR that certain parcel or tract of land and irem1aes ::
situateg lying and being in the'1'own of Newcastle, Reg10na Municipality
of Durb,),m, Province of Ontario, and being cODIposed or part of Lot i!
Eight(S) in the Second Concession of the Oeographic Townsh1p of II
Clarkf:J, formei"'l~r in the County of Durham, the boundaries of the said II
parcel being mOt-. particularly described as followsJ \\
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PREMISlKG that the Westerly limit of' said Lot 8 has an astronomic Ii
bearing of North 17 degrees 42 minutes West and relating all bearirlg it
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OOMMENCING at the South-Westerly angle of said Lot 8J
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THENCE North 1'7 degrees 42 minutes West along the Westerly l1ll1t of
said Lot g a distance of 78.54 reet to an iron bar.
THERCE North 72 degrees 42 minutes East parallel to the Southerly
limit of said Lot 8 a distance of 61.46 feet to an iron bar.
THENCE South 17 degrees 22 nd.nutes East a distance of 78.'4 feet DlOre ;,
or less to an iron bar planted 1n the Southerly 11m1t of said Lot g
distant Easterly therein 61.00 teet from the point or commencement.
THENCE South 72 degrees 42 m1nu~.s Weat along the Southerly 11ll1t
of said Lot g a distance of 61.00 teet to the POINT OF COMMElfCBMEH'l'.
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M. . Brown,
Ontario Land surveyor_I!
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THE
oeposited
PLAN OF SURVEY
OF PART OF LOT 8, CONCESSION 2,
GEOGRAPHIC TOWNSHIP OF CLARKE,
TOWN OF NEWCASTLE
REGIONAL MUNICIPALITY OF DURHAM
(Formerly County of Durham)
SCALE: I inch = 20 feet
Fd,('IO~
LOT
8
INST
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N37724
(N74"ESS,OO'INsrN2N2247S) ,~~......-
FdW,t(Jl06) N72042'~a8,~ ^_f9JJlOS)~'
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FRAME
GARAGE
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146' =:J
01
2 2
FRAME IS':]
Ga\JCESSION
AREA =
1<,0
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603' Ie/i.
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sq. .ft. ~~ z
01 C\/ f-'
Z ~ ~ I \fz STOREY
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I Z <D FRAME DWELLING
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GARAGE
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4,809
2 STORY
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BRICK
FdWil, 1106 '"
BUILDING
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I -~STORY FRAME AND BRICK 'm
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Concrele
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ROAD
6/.00'meal.
N72042'E meal.
(N74"E. 6600': INSI N'lN22416)
ALLOWANCE BETWEEN
CONCESSIONS
KING'S
HIGHWAY
N9.
1029
2
Plan
SURVEYOR'S
CERTIFICATE
I H( RE8Y Cf "TII' Y TIl... T
I TI1fS SURIIEY ~o PLAN ARE COIMECT AIIIllIN "'CCO!'OANC( WlTl11l4E SUIIV(Y'S
ACT ...lIIO THE: REGfSTItY ACT .uw THE: REGUL"'Tf~5 .....DE THEREUfIIO€",
2 TI1f SURVEy WAS CoMPLETED ON Tl-1[ It II, [)jlY 01' FE8Il.lAIW , 191W_
Fd,(II06) __
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AND
2
RILL D.BROWN LIMITED
LAND SURVEYING a ENGINEERING
121 QUEEN STREET
BOWMANVtLLE,ONTARIO.
-~_.~ =~::':~24~
TARIQ I....NO 5URIIE ~
Dote: Revisions:
February 23,'976,
ScoIe:
I inch : 20 feet
Drown by:
J,O,L.
File:
76032
~23,l978,
THE ASTRONOMIC BEARING OF THE WESTERLY LIMIT OF LOT
8. CONCESSION 2, BEING N17042'W ANODERlVED FRQrl
DEPOSITE.D PlAN PLAN I029,OOIIERNS ALL 8E.ARIHGSSHOWN
IERE.ON_
No Denotes found,
No, genlilte8 ,leAtell.
BEARING
REFERENCE