HomeMy WebLinkAbout77-50
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THE CORPORATION OF THE
TOl'JN OF NEWCASTLE
By-Law No. 77-50
Being a by-law to convey the whole of Block "F"
Plan 693 to Home Smith Properties Limited upon the
conveyance to the Town by Home Smith Properties
Limited of the whole of Block "A and "E" and the
whole of Lot 21 Plan 693.
WHEREAS the Corporation of the Town of Newcastle, is the owner of Block "F"
Plan 693 which is zoned "Open Space" pursuant to the provisions of Zoning
By-law 1653 of the former Township of Clarke;
AND WHEREAS Home Smith Properties Limited is the registered owner of Block "A"
and "E" and Lot 21 Registered Plan 693;
AND WHEREAS the Corporation of the Town of Newcastle considers it desirable to
enter into an exchange of properties with Home Smith Properties Limited and to
rezone Block "F" Plan 693 from "Open Space" to "Resctricted Commercial (RC) Zone";
AND WHEREAS the parties consider it desirable to enter into an agreement giving
effect to the foregoing.
NOW THEREFORE BE IT ENACTED AND IT IS HEREBY ENACTED by Council of the Corporation
of the Town of Newcastle as follows:
1.
The Corporation of the Town of Newcastle be and it is hereby authorized to
enter into an agreement with Home Smith Properties Limited providing,
inter alia, as follows:
(a) that Block "F" Plan 693 Town of Newcastle be rezoned as
"Restricted Commercial (RC) Zone" having the following
exclusive uses, namely:
- one (1) convenience store not having a retail floor
area in excess of 4,000 square feet;
- one (1) restaurant with a maximum capacity as may be
established by the Durham Health Unit; and
- one (1) dwelling unit:
all of which uses shall be contained in one building
which shall be erected in accordance with the provisions
of Appendix No.2 of By-law 1653 of the former Township
of Clarke;
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By-Law No. 77-50
(b) within sixty days of the receipt of the approval of the Ontario
Municipal Board to the aforesaid amendment, Home Smith Properties
Limited shall convey, free and clear of all encumbrances, to the
Town the whole of Blocks "A" and "E" and the whole of Lot 21,
Plnn 693;
(c) upon Home Smith Properties Limited entering into a site plan
agreement satisfactory to the TOh~ for the development of Block
"F" Plan 693, the Town shall convey, free and clear of all
encumbrances, to Home Smith Properties Limited, the whole of Block
"F" Plan 693, save and except those portions thereof which may
be designated for road widening and one foot reserves in the
aforesaid site plan agreement;
(d) Home Smith Properties Limited shall reimburse the Town for all
legal costs in connection with the preparation and implementation
of the aforesaid agreement.
2. The Mayor and the Clerk be and they are hereby authorized to affix their
signatures and their Corporate Seal to the agreement in the form annexed
hereto as Schedule "A" to this By-law.
BY-LAW READ a first and second time this ~. day of . .;f;( ~ t. . . . . , 1977 .
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BY - LAW READ a third and final time this LtA./..- - day of . .7t.! .'-:.'(. . . . , 1977 .
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Seal
THE CORPORATION OF THE TOWN OF
NEWCASTLE.
G.B. Rickard~ ~.. /
::~rMCIlrOY M~
Town Clerk