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HomeMy WebLinkAbout77-50 . . . I ~ . , 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; .....2 . . . . . - 2 - 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 . ...;11........ BY - LAW READ a third and final time this LtA./..- - day of . .7t.! .'-:.'(. . . . , 1977 . ............. Seal THE CORPORATION OF THE TOWN OF NEWCASTLE. G.B. Rickard~ ~.. / ::~rMCIlrOY M~ Town Clerk