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Home My WebLink About77-31 . THE CORPORATION OF THE TOWN OF NEWCASTIiE By-law No. 77-31 Being a By-law to oorreot By-law 1739 of the former Township of Clarke and to rati1'y the actions of the Council of the former Corporation of the Towship of Clarke ooncern.iJJg the disposal of oertain lands to one Allin Hall. 'W'RRRlill\S the Corporation of the Town of Newcastle is the BUOoessor of the tormer Corporation of the Township of Clarke; AND \{A1i!R1i!AS the f<mner Corporation of the Township of Clarke enaoted By-law 1739 authorizing and ratif'ying' the sale of oertain lands and premises trom the Corporation to one Allin Hall by a deed exeouted on the 9th dq of November, 1949 and registered on the 17th dq of November, 1949, in the Registry Offioe for the Registry Division of Durham as Instrument No. 15039; AIID W'R'Ji!R'R!A~ it appears that the schedule azmexed to the afo::esaid By-law 1739 did not oonta.in the proper description of the property; . AND W'R'Ji!R'R!A~ the purpose of this by-law is to recti1'y the error created by By-law 1739; AND WHEREAS it is desirable for the Corporation of the Town of Newcastle to rati1'y and approve the oonveyanoe of the former Corporation of the Township of Clarke to one, Allin Hall, by a deed eDouted on the 9th da\Y" of November, 1949 and registored on the 17th da\v of November, 1949 in the Registry Offioe for the Rogistry Division of Durham as Instrument No. 15039. NO\r1 'J:~ BE IT ENACTED by the Caunoil of the Corporation of the Town of Newcastle as follows: 1. That the lands and premises more partioularly here1na.fter d.e8cribed were on the 9th and 17th da\Y'B of November, 1949 no longer required for the purposos of the former Corporation of the Township of Clarke and that as of the date of this enactment are no longer required for the purposes of this Corporation: ALL .AND S:mGULAR those certain parcels or tracts of l8l1d and premises situate, lying and being in the Township of Clarke in the Ccnmty of Durham and ~ovince of Ontario, and being more particularly described as follows: . . - 2 - FmSTLY: That part of Lot number twenty-seven (27) in the Fifth Con- cession of the said Township of Clarke more partiou1.arly described as tollows: COMMENCDlG at a point in the southerly boundary of said Lot 27 distant seven hundred and fifty-five (755) feet measured westerly therealoner from the south east angle of said lot Twenty-seven (27) being also the intersection of the southerely bounc1.a:ry of said lot with the south westerly limit of The Canadian Northern OntaTio RailW8\V right-ot-'W8\Y" (now abandoned); THENCE CONTmumG WESTERLY and following the said southerly boundary two hundred and fi..tty-one (251) feot to a point; THENCE NORTHERLY at right allgles to the last described course, a distance of two hundred and nineteen (219) feet to a point; THENCE vlE5IJ!ERLY and pa;ra.llel to said southerly bO'U1ld.a:ry of said lot twenty-seven (27), a distance of two hundred and. sixty-four (264) feet more or less to the westerly boundary of said Lot twenty- seven (27); . THENCE NORTHERLY along the said westerly bounc1.a:ry of said lot, a distance of three hundred and forty-six (346) feet more or less to its intersection with the south westerly limit of The Canadian Northern Ontario Rail~ right-of-~ (now abandoned); THENCE SOUTH EASIJ!ERLY and following said south westerly limit of said right-of-WS\V a distance of seven hundred and fifty-five (755) feet morEl or less to the place of beginning; . SECONDLY: The southerly part of a parcel of land described as follows: Part of Lot Twenty-seven (27) in the Fifth Concession of the said Township of Clarke:- COMMENCING at a point in the southerly bounc1.a:ry of said Lot Twenty-- seven (27) distant four hundred and ninety-five and nine tenths (459.9) toet measured westerly aJ.ong said southerly bOundary from the south east angle of said Lot; THENCE NORTH sixty-two (62) degrees thirty-seven (37) minutes west parallel to and sixty-two (62) feet di.gat, perpendicuJ.a.rly from the centre line of The Canadian Northern Ontario Railw\y, a distance of three hundred and eleven and six-tenth (311.6) teet to the begin- ning of a curve to the left having a :radius of seven thousand Deven hundred and two (7702) feet; . - 3 - THENCE following said curve to the left and maintA.i ni ng the constant perpendicular distance of sixty-two (62) feet from said centre line, an arc diotance of four hundred and sixty-eight and three-tenth (468.3) feet to a point; THENCE Ncm.TH EASTERLY in the direction of the radius of the curve at this point, eighteen (18) feet; TEENCE NORTH WESTERLY parallel to and eighty (80) feet perpendiculaJ:ly' distant from said centre line on a curve to the left having a radius of seven thounand seven hundred and twenty (7720) feet, a distance of three hundred and forty(340) feet more or less to the southerly limit of Cobbledick Street, as shown on a plan of the Village of Orono prepared by C. G. HAJ'\T\blg, P.L.S. filed in the Registry Office for the RegiDtry Division of the \-lest Riding of the CO'\mty of Durham; THI!:NCE WESTERLY and following said southerly limit of Cobblediok Street, a distance of four and three-tenths (4.3) feet more or less to the weoterly bound.ary of said Lot twenty-seven (27); . THENCE SOUTHERLY following said weoterly bo1lIld.aTy a distance of two hundred and eighty-five (285) feet to a point; THENCE SOUTH WESTERLY and following a curve to the right having a radius of seven thousand five hundred and fifteen (7515) feet an arc di tance of six hundred (600) feet; THENCE SOUTH sixty-two (62) degTees thirty-seven (37) minutes east, a distance of one hunch'ed and fifty-five (155) feet more or less to the southerly boundary of said Lot twenty-seven (27); TBEUCE EASTERLY end 'follO'V1hg said southerly boundary of said lot a distance of two hundred and fifty-nine and one tenth (259.1) feet more or less to the point of commencement; suoh southerly part now being conveyed being bounded on the north by a line drawn parallel to and at the constant perpendicular distance of thirty-three (33) feet measured southerly from the centre line of The Canadian Northern Ontario Rail~; and . THnIDLY: The southerly part of a parcel of land described as follows; Part of Lot twenty-eight (28) in the Fifth Concession of the said Township of Clarke now in the Vill98e of Orono: COMMENCnIG at a. point in the easterly boundary of said Lot twenty- eight (28) where it is intersected by the southerly limit of Cobble- dick Street as shown on the said plan of the Village of Orono; , . - 4 - THENCE WESTERLY e.nd following said southerly limit of Cobbledick Street, a distance of three hundred and fourteen (314) feet; THENCE SOUTBERLY parallel to said easterly boundary of said Lot fourteen (14) feet; THENCE SOUTH EASTERLY on a curve to the right having a radius of seven thousand five hundred and fifteen (7515) feet, a distance of four hundred and seventeen (417) feet more or less to a point in the easterly boundary of said Lot twenty-eight (28) distant two hundred and eighty-five (285) feet meas"UXed southerly there along from the point of commencement; THENCE NORTEERLY and followi.ng said easterly boundary, a distance of two hundred and eighty-five (285) feet more or less to the point of commencement; such southerly part now being conveyed being bounded on the north by a line drawn paraJ.lel to and at the constant perpendicular dis- tance of thirty-three (33) feet measured southerly from the centre line of The Canadian Northern Ontario Rai1~. . 2. That the grant of the lands herein.'tN.fora Macr.tbGd t'Nm t:he fonner Corporation of the Township of Clarke to one Allin HaJ.l executed on the 9th day of November, 1949 and registered on the 17th d9\Y of November, 1949, in the Registry Office for the Registry Division of Durham as No. 15039 is hereby ratified and approved. Read a first and second time this 16th ~ .......d9\Y of ................, 1977 J. M. McIlro Clerk ~ Read a third and finaJ. time this .. it(. 6 . d9\Y of .....1:(.1. i. . . ., 1977. .~L._.~ M.a\Yor . Clerk v c::..-- .-". ~:.:- May 19th, 1977 Mr. David J.D. Sims Sims Morton Me Inernoy & Brady Barristers & Solicitors 117 King Street P.O. Box 358 Whi tby, Ontario Dear Mr. Sims: Re: Township of Clarke By-Law No. 1739 I refer to your letter dated Hay .3rd, 1977 addressed . to Mr. Best. In this connection I enclose herewith certified copy of By-Law No. 77-31 passed by Cowlcil on ~mr 16th, 1&17. JMM:lf Enclosure Yours very truly, h~ McIlroy. Clerk A.M.C.T. c.c. Mr. H.R. Best, By-Law Enforcement Officer ~...... r Ir--' i.\:_!t\il ~;.. l' [ ~__L __----'--_ ---L..., - ~ Sims Morton ~lcInerney & Brady Barristers & Solicitors /0 . ---H-.----l I I May 3rd, 1977 RECEIVED MAY 5 i977 Mr. Horaee Best, Building Inspector, Corporation of the Town of Neweastle, Hampton, Ontarto. TO\VN OF NEWCASTlE Re: Township of Clarke By-law No. 1739 Dear Mr. Best: You will recollect that an error appears to have been made in By-law 1739 of the former Town- ship of Clarke, which was a by-law authorizing the sale of certain lands from the Corporation to one Allin Hall. . It appears that By-law 1739 did not contain the proper description of the property in question. A rectification of this oversight was re- quested by the solicitors for the present owners of the property. I now enclose herewith a by-law to rectify this deficiency which has been approved by the solicitors for the purchasers. I would appreciate it if this by-law could be presented to Council at an e~#ly opportunity. I would appreciate receipt of a certifi~~ copy of the by-law. \ i! Y6~,r~ {trUlY, . ;\ \. 1\ \ \ , '\'J \ '\ '. /\.. --. David J. D. Sims . DJDS:cv Encl. 117 King Street, Whitby, Ont. L 1 N 4Z1 Post Office Box: 358 Telephone: 668-7704