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HomeMy WebLinkAbout77-16 ".... THE CORPORATION OF THE TOWN OF NEWCASTLE . BY-LAW NUMBER ;7?/G Being a By-law to authorize the taking of an Easement for storm drainage. WHEREAS the Town of Newcastle hereinafter called the "Town" is desirous of establishing an Easement for the drainage of storm water through part of original Township Lot 12 in the First Concession of the former Town of Bowmanville now owned by Joseph Schwarz and CarlO. Schwarz hereinafter called the "Owners". AND WHEREAS the Owners have agreed to grant such an Easement for storm drainage to the Town NOW THEREFORE pursuant to The Municipal Act R.S.O. Chapter 284, Section 5 the Council of the Town hereby enacts as follows: . 1. The Town shall establish and maintain a storm water drainage Easement through the lands of the Owners in original Township Lot 12 in the First Concession of the former Town of Bowmanville more particularly described and shown on a Plan Illustrating Description in a Grant of Easement dated the 23rd day of February, 1977 which is attached hereto as Schedule "A". 2. For such purposes the Town shall instal a sixty-eight inch by forty-three inch elliptical pipe at the location and in the manner set out in the said Grant of Easement which is attached hereto as Schedule "A". 3. The ground on the Easement shall be sloped so as to prevent pooling of surface water and also to permit the unobstructed passage of persons, animals and farm machinery over the said pipe. 4. The Owners, their successors, heirs and assigns shall have the unrestricted use of the said lands in the Easement for the grazing of cattle and the passage of persons, animals and farm vehicles and equipment thereover and the Town shall maintain the said Easement so as to permit such use. 5. The Mayor and the Clerk of the Town are hereby authorized and directed to sign the said Grant of Easement on behalf of the Town and attach the Corporate Seal of the Town thereto. This By-Law read a first time on the day of March, 1977. . I....... . . . c.-' " -f' -2- This By-Law read a second and third time and finally passed on this ~/<;r day of March, 1977. THE CORPORATION OF THE TO~~ OF NEWCASTLE u~'/' ".----.---- " '~' ", , -- ~ Mayor , ,-,~~:=/~ .' h'i.~,_ ,.,., .'..... ..,,' ;i. 'j ~ ' ) \::,' , ~',,->_'r. ,,:~. .,'....-...:.. ." TELEPHONE (4161 623'5791 STRIKE, STRIKE &. VAN NEST BARRISTERS & SOLICITORS W. ROSS STRIKE, Q.C. A. ALAN H. STRIKE, B.A .J. KINGSLEY VAN NEST, B.A.,LL.B. 38 KING ST, W, p, 0, BOX 7 BOWMANVILLE,ONT. LIC 3K8 May 16th, 1977 Mr. J.M. McIlroy, Clerk, Town of Newcastle, 40 Temperance Street, BOWMANVILLE,Ontario. Dear Sir, Re: Wil-Swar - Schwarz Brothers Storm Drainage' We have now registered the signed Agreement for storm sewer between Joseph Schwarz and CarlO. Schwarz and the Town of Newcastle and take pleasure in enclosing herewith a certified copy of the Agreement registered on the 16th day of May, 1977 as Instrument Number 82943. Thank you for your co-operation in completing this matter. Our account has been rendered to Wil-Swar. Yours very truly, STRIKE, STRIKE & VAN NEST, AAHS: jm encl: (/ (If:~ tl #~U //t/; Per: \ RECEIVED ~.. ole, ~ f I /~ rE--..," MAY 17 1977 TOWN 0;: N2WCASTLE l~ '11'''''-''__':'''''' '/7- I b -----------.'. . e . THIS INDENTURE made this 23rd day of February, 1977. BET WEE N: JOSEPH SCHWARZ, Livestock Dealer and CARL O. SCHWARZ, Livestock Dealer, b~th of the City of Oshawa in the Regional Municipality of Durham as tenants in common in partnership hereinafter called the "GRANTORS" OF THE FIRST PART; - and - THE CORPORATION OF THE TOWN OF NEWCASTLE, hereinafter called the "GRANTEE" OF THE SECOND PART; WHEREAS the Grantors are the owners of the hereinafter described lands in the Town of Newcastle in the Regional Munici- pality of Durham as Partnership Property and have agreed to grant an Easement to the Grantee for the purpose of constructing and maintaining a storm sewer pipe passing through the lands of the Grantors. NOW THEREFORE WITNESSETH that in consideration of these presents and other good and valuable consideration and the sum of ONE ($1.00) DOLLAR now paid by the Grantee to the Grantors, the receipt whereof is hereby acknowledged, the said Grantors do hereby grant, transfer and convey unto the Grantee, its successors and assigns the free, uninterrupted and un- obstructed right and easement to construct, operate and maintain a storm sewer pipe together with any and all appurtenances thereto as may be required from time to time for the purpose of carrying drainage water through the said pipe in, under and through the lands and premises of the Grantors situate in the Town of Newcastle in the Regional Municipality of Durham being more particularly described in Schedule "A" hereto and shown in heavy outline on a Plan Illustrating Description made by Donevan & Fleischmann Co. Ltd. dated November 10th, 1976 and attached hereto as Schedule "B". TOGETHER with the right of the Gran tee, its successors and assigns and its and their servants, agents, contractors and workmen with all necessary materials, equipment, machinery and .. .2 - 2 - . . vehicles to enter upon the said lands at all times and to pass and repass thereon for the purpose of installing, constructing, reconstructing, examining, altering, repairing, renewing or replacing and maintaining the said sewer pipe or any part thereof in accordance with the terms herein set out. TO HAVE AND TO HOLD the said easement or right in the nature of an easement on, in, across, under and through the lands described in Schedule "A" attached hereto unto the Grantee, its successors and assigns for its and their sole and only use forever. THE GRANTORS COVENANT for themselves, their heirs, executors, administrators, successors and assigns, with the Grantee, its successors and assigns to keep the said lands described in Schedule "A" attached hereto free and clear of any buildings, structures or obstructions; not to plant or permit trees to grow thereon; not to do or suffer to be done any other thing which mayor might injure or damage any of the works of the Grantee herein other than any injury or damage resulting from the routine passage of persons and livestock and of equipment, machinery and vehicles necessary for the legally permitted use of the Grantors' abutting lands. AND the Grantors covenant with the Grantee that they have the right to convey the said rights and easement to the Grantee notwithstanding any act of the Grantors. AND the Grantee shall have quiet possession of the said rights and easements, free from all encumbrances. AND the Grantors covenant with the Grantee that they will execute such further assurances of the said rights and easements as may be requisite. AND the Grantors release tothe Grantee all claims upon the estate herein conveyed for the rights granted by this indenture. AND THE GRANTEE COVENANTS AND AGREES WITH THE GRANTORS that it will construct, install and cover with fill and grass a sixty- eight inch by forty-three inch elliptical pipe in accordance with the drawings of Proctor & Redfern Limited dated September 1975 which are attached hereto and marked Schedule "C" and to fill in all excavations and, as far as practicable, restore the . . . . 3 . . . - 3 - lands and premises to the condition existing prior to any entry thereon to exercise the rights hereby granted. AND THE GRANTEE FURTHER COVENANTS WITH THE GRANTORS to use the best engineering standards in completing, maintaining and re- newing its works so as to avoid the pooling of water on the lands described in Schedule "A" and on the Grantors' abutting lands and also to slope the fill over the elliptical pipe in a gradual manner so as to permit the unobstructed passage over the said pipe of persons and livestock and of equipment, machinery and vehicles necessary to the legally permitted use of the Grantors' said lands. PROVIDED that the Grantors, their successors, heirs and assigns shall have the unrestricted use of the said lands for the grazing of livestock and for the passage thereover of persons and livestock and of equipment, machinery and vehicles necessary for the legally permitted use of the Grantors' abutting lands and that the Grantee shall maintain the said easement in all respects to facilitate the uses aforesaid. ' AND IT IS UNDERSTOOD and agreed by and between the parties hereto that the burden of this indenture and of all the covenants herein contained shall run with the lands hereinbefore described and the benefit of this indenture and of all covenants con- tained herein shall run with all other lands and interests in land owned, occupied or used by the Grantee, its successors and assigns, for the purpose of operating and maintaining the said storm sewer and that this indenture shall be binding upon and enure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF the Grantors hereto have hereunto set their hands and seals and the Grantee the hands of its -- -- -- -- -- -- -- -- -- -- , -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- --- -------------------------------------------------------------- . . .4 . .' . - 4 - duly authorized officers attested by its Corporate Seal. SIGNED, SEALED AND DELIVERED ) ) ) ) ) ) ) ) ) ) ) ) ) in the presence,of: ~ eJ.l~ e CARL O. SCHWARZ THE CORPORATION OF THE TOWN OF NEWCASTLE per:M~ ~ , Mayor . Per: SCHEDULE " A " 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, formerly in the Town of Bowmanville, in the County of Durham, and being composed of part of Lot 12, Concession 1 of the original Township of Darlington, the boundaries of said parcel are described as follows: PREMISING that the North 17 degrees 59 minutes West astronomic of the road allowance between Lots 12 and 13 governs all bearings mentioned hereafter; COMMENCING at a point in the West lint! t of said Lot 12 distant 1,230.00 feet measured North 17 degrees 59 minutes West therein from the South West angle thereof; THENCE North 17 degrees 59 minutes West along said West limit a distance of 50.00 feet; THENCE North 72 degrees 01 minutes East a distance of 109.60 feet; THENCE North 71 degrees 06 minutes East a distance of 190.43 feet; THENCE South 18 deqrees 54 minutes East a distance of 50.00 feet; THENCE South 71 degrees 06 minutes West a distance of 190.83 feet; THENCE South 72 degrees 01 minutes West a distance of 110.00 feet to the point of commencement. THE ABOVE DESCRIBED PARCEL OF LAND contains by admeasurement an area of 0.34 acres, more or less. . SCHEDULE 8B8 DARLINGTON 1- 12- I PLAN IllUSTRATING DESCRIPTION OF PART OF LOT 12) CONCESSION I TOWN OF BOWMANVlLLE) now in the TOWN OF NEWCASTLE REGIONAL SCALE: MUNICIPALITY I" = 100' OF DURHAM z ~ ll. o . I- o ~ !!! dS ~ 010 100 C\I o . ....0 _10 CJ) Z t- 9 z au ~ ~ -0 Q en 0 If> N - au 0 z <t ~ e ..J ..J <t 0 <t 0 -- a: Ol '" 0 ~ z tp \ -- ffiJ / N7200l'E 109.60' \2 N71006'E I go. 4 3' -o~ o. .10 00 IO~ Z \ AREA =0.34 AC RES 110.00' N 72001 'E N71006'E 19o'83' ~ Oi 5,0 ~ t,S ~G GO NOTE THE N I 7059'w (ASTRONOMIC) OF THE ROA 0 ALLOWANCE BETWEEN LOTS 12& 13, GOVERNS ALL BEARINGS SHOWN HEREON. s.w ANGLE OF Lor 12, CON 1 BASE LINE ROAD (ROAD ALLOWANCE BETWEEN B.F. CON. a CON. I ) C-rr?;, . 't fl A..A.-..... Q...A ~ "'V"'" - 0 L (" ~\XJv\. ,GJ.-A.,___ -- - ~ OONEVAN a FLEISCHMANN CO. L TO. ONTARIO LAND SURVEYORS II ONTARIO ST., SHERIDAN MALL OSHAWA ,L1G4Y6. PICKERING,LlV IB8 NOVEMBER 10,1976. JOB Nt 1-439 J , .. I . =1 b..- I ',j. i"(... ',;;' ,. . ". w ~ , .0__________ . , "1!6 .-1.._-.- ~ lI.. 1Il ~tG6 ~ ~ ell 24"4> 11:> ee. ~DONI!!.O . ~ l;zr..~ t>l!.TWI!:EN '^~ I ~ Mlol t ._.___ ..J ", ,I 'l:. ! ~ ,I ~ I: CJ I: -.! 'll. I ; · ,.. J a I . I ',,,, '~.Y,.~~-_. EII.",."!!4 1\1.1~:1l 24-::-'1 _.. --=--- i'1.0"'-, . . . I!ll, fl!!JJce. f"'Drolol!C> 4g'~ ~ / ~ rIi!OrD~E.P '2"",p AIlb 11.II., MH" ,.e --'r;;,~; ,"","'.~ I pyr , I I I L r,"oposel> 50' I E.A5l!......e.tolT (TO INClube. fOft Nec.e:ssA..lI:.i C~elC. "-OTe:q'C>N ,.10.\.. GDIoI$TIi!!.X.:flON ) LJA I , I I I 6 ~ ~~ "I~ . . 1121.0 fII!"f't>Sl!.b :!>\JBl:II~1:.tON ~_..- ...__ ec"toIt>"'p.'f (To ':>I!:. . CCNrtll:lo4e.D I ' _.!.- ....t f>tJR.1Ie I -. 11" M...,.,t<e... (lor:a..l'OIJ "l'PRDJt.) , I ALl , I I , f~"f' "",'. ".:~' c:....,c.-.-l_ etlIPTI.::...l P'I'~ I ("""'FEOIi! ""TM c..I..o c..... , fCft tlebDWAlL .....D &#l.&IOoJ l'l:eQUlRl'..t'Ie,.Ir->). ./ fj .5 fI1 == CJ Ul I f"~5el:) 5T~ OUTFAll 0 l"'''{OI.IJ 6''''\.1!.: 1'.'1,(' . . J.' 6rl't':\...A.Vr. t4~ 210 +2". e.Y.. i.a)". uo ~t>' .4:1' ~t.lIf'tK1>l. 2~o' lOloJt; -re"p.Q> ',~7- :i I o J A 0.00 ..00 c'" ,!lo.INA..G,e. 2100 " .;eb.t...JI.. ~ ,/"1 "-1';'1-".\-' 11.."',...._ ."""v.:. J.~_ I.n't.' ~ ... :"00 PROFIL e..s, "'"-'Leo;. l\oQ'c. I""IOQ' IIE""T. I" 10' '1<' !A'" e1o. @ ,,,,, . l.&" x4S' eLU Pflo.\. f'Rof'. (jJ ,.'1." ,"," 0.00 c:::.....Nbo.<!oE. If 00 NOIJt , TMI~ Mq..,.,) ~......"- fill. ove<. I'II't- ~nON A' f:>... Coc"Le ,'.10 I TOWN OF NEYlCASTLE ONCEPT~L STORM WATER OUTFALL WAVERLY GARDENS If SUOOlVISION ., 20' -11,h' Afl>u JI.. ~- ..... , . " . i~l ~~~ ...~~ ~-,. Ontario United Stetlonery Co. Limited. Legel Depertment 30 Production Dr, Scerborough, Ontario Form 734 .ed JUly 15, 1974 IN THE MATTER OF SUBSECTION 3 OF SECTION 5 OF THE LAND SPECULATION TAX ACT, 1974 Affidavit I, JOSEPH SCBW.ARZ and CARL O. SCHWARZ of (print name) (print address) MAKE OATH AND SAY THAT: . 1. I verily believe that the disposition of designated land evidenced in the attached instrument or writing is exempt from the tax imposed by subsection 1 of section 2 of the above Act by virtue of the disposition being: designated land transferred to a municipality describe nature of disposition delete this paragraph if inapplicable as provided for by section 4 I clause (j) I ~ of the above Act. We are 2.X'lQh the transferofJ making the disposition referred to in paragraph 1 hereof. Since the acquisition of my interest in the designated land that is referred to in paragraph 1 hereof and that is being disposed of to the transferee named in the attached instrument or writing, no disposition with respect to such designated land has occurred prior to the dispos- ition to the said transferee. . ~.. delete this XXJ.JQt~~~ilflXJl(aucJbe>>Xa~tmimlmmlD~3 ~parag~aPh if hereof to make this affidavit. YXXXXXXXiXXXXXXXX m~pphc Since the acquisition of the inteL~~~J~~.ated land that is referred to __.In..p~~~ttt;ing disposed of to the transferee named in the attached x.xx~ment or writing, no disposition with respect to such designated Jand has occurred prior ~BD~_XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX~ Sworn before me oJ-- d... J ~1.AA.1 I'U,.L./r-C-~ , in the ~r- r/1!-J It-u.uu~ of ~.'(A.:t~ u-. this 1.3 day of 1 ~,7 7 \ A Commissioner, etc. \J~RM 346 .mended.lan. 1975 Identify the parties to the conveyance This affidavit may be made by the purchaser or vendor or by anyone acting for them under power of attorney or by an _ent accredited in riting by the urchaser. or vendor or by the solicitor of either of them or by some other person approved by the Minister of Revenue. UNITED STATIONERY CO. LIMITED. LEGAL FORM DEPT. 30 PRODUCTION DRIVE. SCARBOROUGH 'ar4t 1fiaub 'arrausftr 'arax J\d, 1974 AFFIDA VIT OF VALUE OF THE CONSIDERATION IN THE MATTER OF THE CONVEYANCE made bY:p~()S.l::.l?~ SCHWARZ and CARL O. SCHWARZ to: THE CORP()Mrr.:I:ON OFrr.I1.E...TOWN OF NE~GAST.LE on the....?~rd . day of ..Ii'E!l:>:r.~il:r.Y.. I,..... ..M~.IItJ.R.:..~.~EY ST:Eg.KE ....19...7.7 of the ',t,'Q\ffl.. .c.l.f... .N.~w.C;::~!!J.~.1.E!.. in thep .....~~g.~Qn~,1...,tv1~~~.i.P~l.1.,t.Y...9tPv.:r.11~m muke nutlJ: uub lIug tlJat: 1. I am . J;l1t! .~Q,1..;i.~,i.t():r.. ..f.9.+... t..h.~. ..G:r.~.~t.E!.e. named in the within (or annexed) conveyance. 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: (a) Land, bu~lding, fixtures and goodwill. $ ..J".OQQ.~.QP... (b) Chattels - items of tangible personal property (see note) $ .......:n!,1... TOTAL CONSIDERATION $...J...,.P.O.o..".O.o... (2) The true consideration 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 "P.. ......................... (e) Monies secured by mortgage under this transaction. (f) Liens, legacies, annuities and maintenance charges to which transfer is subject $....~.~.~~~.~.~~.. nil $........................ $... .11~1........ All blanks must be filled in. nil $.... ..................... nil $..... ................ $........ .1l~.1.......... $..... n~.1.......... $.. .1..1. ~~.o.~.~.o.. (g) Other (Detail Below) . .................. . TOTAL CONSIDERATION (should agree with 3(1) (a) above) . 4. If consideration is nominal, is the transfer for natural love and affection? . 5. If so, what is the relationship between Grantor and Grantee? .... 6. Other remarks and explanations, if necessary . ....... ........... Town SWORN before me at the ---- t,du~q; ........ ... .......)"......\........................................ (signature) !iare1v?l,qy . /~9/ 77~A.A.H. STRIKE I / ~/~ / / ~M.nM..T,,>.~ ,......" _.. V "'~W.... Vlll....t. NOTE TO PARAGRAPH 3(1) (b) ~Q1s~il sales tax is payable on the valuation of items shown in 3(1) (b) unless otherwis~rWte~~r the provisions of The Retail Sales Tax Act, R.S.O. 1970, c.415, as amended. For the purpose of this affidavit insert above only the value of chattels, the total value of which in the opinion of the deponent exceeds $100.00. This does not exonerate a purchaser from the payment of Retail Sales Tax on any tangible personal property as part of this transaction. When chattels are purchased as part of this transaction with a value of less than $100.00, the applicable tax should be paid by the purchaser to the Treasurer of Ontario and remitted to the Minister of Revenue. the Regional Durham of Newcastle in ..~ j Municipality of J/ tt4his~/;S tt day of . . . . {AFFIDAVIT OF SUBSCRIBING WITNESS N.D. !j42 COMBINED AFFIDAVIT AS TO AGE AND MARITAL STATUS UNITED STATIONERY CO. LTD., LEGAL FORM DEPT. 30 PRODUCTION DRIVE, SCARBOROUGH . AFFIDAVIT OF SUBSCRIBING WITNESS AMENDED MARCH 1972 I, ARTHUR ALAN HARVEY STRIKE ~ilie 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 'See footnote at the Town of Newcastle by JOSEPH SCHWARZ and CARL O. SCHWARZ .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 Town of Newcastle e in the Regional Municipality of Durham. this 13'(j:. day of ~ tl V-' , A.A.H. STRIKE .<~ · -. -,-_.,,:,c:<o, ~~~ ... - _"aT" -.. 1. .. ~..... ............IiLt:I '" ......... . - . 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 read 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 "1 verily believe that the person wlwse signature I witnessed was authorized to execute thc instrument as attorney for (name)". AFFIDAVIT AS TO AGE AND MARITAL STATUS Xl/WE JOSEPH SCHWARZ and CARL O. SCHWARZ each of ilie City of Oshawa in the Regional Municipality of Durham . If attorney see footnote make oath and say: When we executed the attached instrument, Strike out inapplicable ~ each ~WE were / at least eighteen years old. ~ . x~)Q'X)CDlKXaCx ~. ~~ L----". <..--., ~ We held the land a~ Partnership Property. Resident of Canada, etc. (SEVERALLY) SWORN before me at the 7~ # fteu.,.-e- a.A-1.L,~ in the ~n'~ ~.~'t{.' ~U~ this IJ ~day of f4~ 19 J~ --" A COM",.J.JilfSIONER ,OR TAK)NG AFFIDAVITS, ETC. · Where affidavit made by attorney substitute: "When I executed the attached instrument as attorney for (name) he/she was (marital status, and if married, name of spouse), and when he/she executed the power of attorney, he/she had att~ined the age of ma;ority". --, '~.. ; , ,. . , ~ DATED February 23rd, 1977 g29~ No. land Registry Division of Newcastle (No. 10) J CERTIFY that this Hlstrument is registered as of II. II Ii .M. MAY 1 6 1977 in the Land Re,istry Office CM.'t' Town of Newcastle f"''' Ontario. . REGISTRAIt PAID UND UGISTIY OFFICE NO. 10 1<" . ~ "?-.~ JOSEPH SCHWARZ and CiJU'. o. SCHWARZ -and- THE CORPORATION OF THE '!'OWN OF NEWCASTLE GRANT OF EASEMENT } STRIKE, STRIKE & VAN NEST, Barristers and SOlicitors, 38 Kinq St. West, P.O. Box 7, BOWMANVILLE, Ontario.