HomeMy WebLinkAbout78-55
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THE CDR.roRATION OF THE
TOWN OF NEWCASTLE
By-Law No. 78-55<
A By-law to authorize the entering into a
Subdividers Agreement with Claret Investments
and Rexgate Holdings Ltd.
WHEREAS Council has approved the setting out and
construction of a Subdivision.
AND WHEREAS it is a condition of such approval that the
Subdivider enter into a Subdi vers Agreement:
row THEREFORE the Council of the Corporation of the Town
of Newcastle hereby ENACTS AS FOllOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute on
behalf of the Corporation of the Town of Newcastle, and seal
with the Corporate Seal an Agreement between Claret
Investments and Rex~ate Holdings !iSd. and the said
Corporation dated lop;;; day of J u '-'( 1978
which is annexed hereto on Schedule "A".
READ a first, second and third time and finally passed this
6th day of July 1978.
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. G. B. m:z:~
J. M. ~lrOy, Cl ,
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THIS AGREEMENT made in quintuplicate this
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A.D" 1978,
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day of ~ Ul-7
BET WEE N:
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"I THE CORPORATION OF THE TOWN OF NEWCASTLE,
hereinafter called the "Municipality"
OF THE FIRST PART,
and
CLARET INVESTMENTS LIMITED and
REXdATE HOLDINGS LIMITED,
hereinafter called the "Owner"
OF THE SECOND PART,
and
MINNIE MARY PHAIR, FLECHERDON INVESTMENTS
LIMITED, JAMES,MILGATE, ROY F. JOHNSON,
MERELDA B, JOHNSON, REINHOLD LITZ, SR.,
REINHOLD LITZ, JR., JOHN KASTEL, MARY
KASTEL, JOHN KUYER and ELIZABETH KUYER
hereinafter called the "Mortgagee"
OF THE THIRD PART.
WITNESSETH THAT:
WHEREAS the lands affected by this Agreement, which are des-
cribed in Schedule "A" hereto are hereinafter called the
"Lands" Clnd constitute 116.757 acres;
AND WHEREAS the Owner warrants that it is the registered owner
of the Lands;
AND WHEREAS the Owner warrants that the Mortgagee is the only
mortgagee of the Lands;
AND WHEREAS the Owner warrants that it has applied to the
appropriate Minister of the Government of Ontario, hereinafter
called the "Minister" for approval of a plan of subdivision of
the Lands;
AND WHEREA~ to comply with the Minister's conditions for such
approval, the Owner has consented to--enter:,into..this Agreement
with the Municipality;
AND WHEREAS the Owner warrants that it has entered, or will
enter into an Agreement with the Coipoiation of the Regional .~
Hunicipality of Durham, hereinafter called the "Region" to
construct, install, and maintain certain public works for the
Reg ion';
AND WHEREAS tbe Owner warrants that it has or will enter into
an agreement with the appropriate Public Utilities Commission
or other authority or company having juris~iction in the area
of the said Lands for: the design and installation of the
utilities referred to in Schedule'''H'' and hereinafter called
"Utilities";
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" "'.. AND WHEREAS in this Agreement "Owner" includes an individual,
~ -'o~'...-' an association, apa'rtnership, 'or oa cor'poration, and wherever
~ ~ the singular is used herein, it shall be construed as including
~ "" the plural;
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AND WHEREAS in this Agreement "Director" means the Director of
Public Works of the Town of Newcastle, or such duly qualified
Engineer as may be appointed by the Council of the Municipality
to act in his place.
NOW THEREFORE in consideration of the mutual agreements and
covenants and promises herein contained, and other good and
valuable consideration, the parties hereto agree as follows:
CERTIFICATION OF OWNERSHIP
1. The Owner shall, at the time of the execution of this
Agreement, provide the Municipality with a letter signed by an
Ontario Solicitor and addressed to the Municipality certifying
as to the title of the said Lands and setting out the names of
all persons having an interest in the said lands and the nature
of their interest.
2. The Owner shall, at the time of the execution of this Agreement,
provide the Municipality with a letter signed by an Ontario Solicitor
and addressed to the Municipality certifying as to the title to
any land which is to be conveyed to the Municipality or over
which easements are to be granted to the Municipality pursuant
to the terms of this Agreement.
COPY OF PLAN AND AGREEMENTS REQUIRED
3. Subject to paragraph 63 (3) hereof, the Owner shall, at the
time of the execution of this Agreement, provide the Municipality
with as many copies as the Municipality requires of the plan
of subdivision for the said Lands, which plan shall be the plan
prepared for approval by the Minister. The said plan is attached
hereto as Schedule "B" and is hereinafter called the "Plan".
The Owner shall also furnish to the Municipality at the time
of the execution of this Agreement one copy of the said Plan
containing the stamp of approval of the Regional Municipality
of Durham, and a copy of the subdivision agreement entered into
between the Owner and the Regional Municipality of Durham with
respect to the said Plan if such approval and/or Agreement
is in existence at the time of the execution of this Agreement. If
the approval or agreement with the Regional Municipality of Durham
is not available at the time of the execution of this Agreement,
the Owner agrees to provide the Municipality with the Plan with
the stamp of approval of the Regional Municipality of Durham
and a copy of the Subdivision Agreement entered into with the
Regional Municipality of Durham, immediately after approval
is granted or the agreement signed. The Owner shall also
furnish to the Municipality at the time of the execution of this
Agreement one copy of each of the agreements entered into
with the Public Utilities Commission or other authority or
company having jurisdiction in the area of the said lands for
the desi,gn and ins talla t ion 0 f the ,u til i ties, or, if such
agreement or agreements are not in,existence at the time of the
execution of this Agreement, the Owner agrees to provide the
Municipality with a copy of each su~h agreement immediately
after such agreement is signed.
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-/; -' PAYMENT OF TAXES
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\ ' 4. The Owner shall, at the time of the execution of this
A~reement, pay all Municipal taxes outstanding against the
said lands, as set out in Schedule "c" hereto. The Owner
further agrees to pay any Municipal taxes which may become due
and payable by it, in respect of any of the said Lands, prior
to the sale by the Owner of such lands.
PAYMENT OF LOCAL IMPROVEMENT CHARGES
5. The Owner shall, at the time of the execution of this
Agreement, pay all charges with respect to existing local
improvements assessed against the said Lands, as set out in
Schedule "c" hereto. Such charges shall include the
Municipality's share of any local improvements which serve the
said Lands and shall include the commuted value of such
charges including charges falling due after the date of
the execution of this Agreement.
PAYMENT OF DRAINAGE CHARGES
6. The Owner shall, at the time of the execution of this
Agreement, pay all drainage charges assessed under The Municipal
Drainage Act, 1975, and The Tile Drainage Act, 1971, against
the said Lands, as set out in Schedule "c" hereto, including
the commuted value of such charges falling due after the
execution of this Agreement.
PAYMENT OF DEVELOPMENT CHARGES
7. The Owner shall pay all development levies in the
amounts and at the ti~es set out in Schedule "D" hereto. Not-
withstanding the provisions of Schedule "D" as to the times
at which the development charges shall be paid, the Owner shall
prior to the issuance of any building permit in respect of
any lot or block, pay all remaining development charges assessed
against the said lot or block.
DEDICATION OF EASEMENTS
8. (1) The Owner shall at the time of the execution of this
Agreement,or such later date as may be agreed by the Owner the
Municipality but not later than the registration of the Plan,
deliver to the Municipality executed transfers of easements
free and clear of all encumbrances as set out in Schedule "E"
hereto.
(2) If, subsequent to the registration of the Plan, but
prior to the issuance of a building permit in respect of any
lot or block, further easements are required for utilities or
drainage, or other purposes, in respect of any lot or block
within the Lands, the Owner agrees to transfer to the Municipality
such further easements upon request. The Municipality shall not
unreasonab~y request such further easements, and in no event
shall a further easement be requested which would prevent the
erection,of a dwelling on any such lot or block.
DEDICATION OF LANDS
9. The Owner shall, at the time of the execution of this Agree-
ment, or such later date as may be agreed by the Owner and the
Municipality but not later than the registration of the Plan,
deliver to the Municip~lity executed deeds of conveyance,
sufficient t~ vest in the municipality or yhere applicable
in any other public authority or person absolute title in
fee simple, free and clear of all liens; charges, encumbrances
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<,.~ i}nd easements, the lands set out in Schedule "F" hereto. Such
--:.~onveyance s~all include the dedicstionby the Owner to the
Municipality of the lands required by the terms of The Planning
Act, R,S.O. 1970, Chapter 349, as amended, from time to time to
be' dedicted for public purposes, other than for highways, unless
the Municipality has agreed to accept cash in lieu of such lands,
as provided herein.
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CASH IN LIEU OF LANDS
10, The Owner agrees that, if the Municipality agrees to accept
cash in lieu of the dedication by the Owner to the Municipality
of lands for public purposes, other than highways, the amount
of such cash payment shall be as set out in Schedule "F" hereto.
The Owner further agrees to pay to the Municipality any such cash
payment as set out in Schedule "F" heret.o, at the time of the
execution of this Agreement.
REGISTRATION OF DEEDS AND GRANTS OF EASEMENTS
11. The Bforementioned deeds and grants of easements ~hall be
prepared by the Owner and registered at the Owner's expense at the
same time as the Plan is registered, In such deeds and grants of
easemetits the registered number of the Plan shall be left blank
a~d the Owner hereby authorizes the Municipality to insert such
Plan number after registration of the Plan.
LANDS FOR SCHOOL PURPOSES AND SECONDARY OPTION
12. (i) The Owner shall, at the time of the execution of this
Agreement, deposit with the Municipality a letter from each and
every School Board having jurisdiction over the said Lands stating
that arrangements satisfactory to each and every School Board have
been made respecting the acquisition of any lands necessary for
school ~urposes to serve the said Lands.
(ii) In the event that a School Board which has an option to
acquire any lot or block within the plan and does not exercise its
option, the Owner hereby agrees to notify the Clerk of the Municip-
ality in writing that the School Board has not exercised its option
and the Owner hereby grants to the Municipality an irrevocable option
to acquire such lands upon the same terms and conditions as the School
Board could have acquired the property, e~cept that the Municipality
shall exercise the option hereby granted, in writing, within sixty
(60) days of receipt of notification from the Owner that the Board
has failed to exercise its option and, the purchase of such lands
by the Municipality shall be completed within ninety (90) days of
the exercise of its option.
MUNICIPAL WORKS REQUIRED
13. The Owner shall be responsible_fo~ the construction and
ins talI a t ion _ 0 f the s e r v ice san d 1 and s cap i n g m 0 r e part i cuI a r 1 y
referred to i? Schedule "G" hereto (hereinafter called "the Horks").
Until the issue of a Certificate of A~ceptance as hereinaft~r' ,
provided, the Works shall remain the property of the Owner and
the Owner snaIl be fully responsible for their maintenance.
After the issuance of a Certificate of Acceptance, the Works
shall vest in and become the responsibility of the Municipality.
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UTILITIES REQUIRED
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14, The Owner shall be responsible for entering into agree-
ments with the appropriate Public Utilities Commission or
other such authority or company having jurisdiction in the
area of the said Lands for the design and installation of the
Utilities as more particularly referred to in Schedule "H".
OWNER'S ENGINEER
15. The Owner shall retain a competent Professional Engineer,
registered by the Association of Professional Engineers of
Ontario and hereinafter called the "Owner's Engineer", to
administer this Agreement, whose duties are set out in Schedule
"I" hereto.
DESIGN OF WORKS
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16. The Owner agrees that the design of all the Works shall
comply with the Design Criteria and Standard Detail Drawings of
the Municipality. In the event of any dispute as to such stand-
ards or in the event of any dispute as to such design requirements
the decision of the Director shall be final.
APPROVAL OF ENGINEERING DRAWINGS
17. The Owner shall, .prior to the issuance of any Authorization
to Commence Works as provided herein, have received the written
approval of the Director for all drawings of all of the Works
hereinafter called the "Engineering Drawings". If no construct-
ion of the Works has commenced within two (2) years of the date
of approval of the Engineering Drawings, the Engineering Drawings
shall be resubmitted to the Director for re-approval and further
revision if required by the Director, and no work shall be done
unless in accordance with the said revised and re-approved draw-
ings.
APPROVAL OF GRADING AND DRAINAGE PLAN -
18. The Owner shall, prior to the issuance of any Authorization
to Commence Work as provided herein, have received the written
approval of the Director of a plan,hereinafter called the
"Grading and Drainage Plan", and showing thereon all proposed grad-
ing and drainage works for the said Lands, If no construction of
the Works has commenced within two (2) years of the date of approval
of the Grading and Drainage Plan, the Grading and Drainage Plan
shall be resubmitted to the Director for re-approval and revision
if required by the Director and no such work shall be done unless
inaccoroance with the said revised and re-approved drawings,
APPROVAL OF TREE PRESERVATION PLAN
19. The Owner shall, prior to the issuance of any Authorization
to Commence Works as provided herein, have received the written
approval of the Director of a plan of the said Lands, hereinafter
called the "Tree Preservation Plan" an<<;l showing thereon:
(1) the location a'nd' approximate, size of all existing trees
o v e r I 2 II in c i r cum fer en c eat -5' a b 0 vet he g r 0 un d; and
(2) the location of all existing trees referred to in sub-
par~graph (1) hereof intended to be removed during the
development of the said Lands.
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No work shall be done and no such tr~es removed until the
Tree Prese~vation Plan is approve~and only then, in accordance
with such approved Plan. It is agreed by the Municipality
\ ' that nothing in this paragraph shall prevent the Owner from
removing trees that would otherwise prevent it from carrying
out the Works or from utilizing any lot or block by reason of
its inability to site a dwelling on such lot or block because
of such trees.
STAGING OF WORKS
20. If the Owner wishes to construct and install the Works
and Utilities in stages, the Owner shall, prior to the issuance
of any Authorization to Commence Work as hereinafter provided,
prepare for the approval of the Council of the Municipality,
a plan hereinafter called the "Staging Plan" which divides
the Plan into stages for the construction, installation and
maintenance of the Works and Utilities. The Owner shall not
proceed until such Staging Plan has been approved by Council
of the Municipality, and shall proceed only in accordance with
such approved Plan, except as it may be subsequently amended
with the approval of the Council of the Municipality.
APPROVAL OF SCHEDULE OF WORKS
21. The Owner shall, prior to the issuance of any Authorization
to Commence Work, as hereinafter provided, receive the written
approval of the Director of a schedule (hereinafter called the
"Schedule of Works") which sets out the timing sequence in
which the Owner proposes to construct and install all of the
Works and Utilities and, where the installation of the Works
and Utilities are to be staged the Owner shall prior to the
Authorization to Commence Work for each such stage receive the
written approval of the Director of a Schedule of Works for
such stage. The Owner shall proceed only in accordance with
the approved schedule, except as it may be subsequently amended
with the approval of the Director.
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APPROVAL OF COST ESTIMATE
22. The Owner agrees that, prior to the issuance of any
Authorization to Commence Work, as hereinafter provided, the
estimated cost of construction and installation of all of the
Works, hereinafter called the "Works Cost Estimate" shall be
approved by the Director and entered in Schedule "J" hereto.
If the Municipality has approved a Staging Plan for the said
Lands, the Owner further agrees that the estimated cost of
construction and installation of the Works for each stage, here-
inafter called a "Stage Cost Estimate" shall be approved by
the Director and entered in Schedule "J" hereto.
PERFORMANCE GUARANTEE REQUIRED
23 (1)
The Owner shall prior to the issuance of any
Authorization to Commence Work, lodge with
the Municipality by cash _or by means of an
irrevocable letter of credit issued by a
chartered Canadian bank, guaranteeing the
performance by the Owner of the provisions
of this Agreement. Such cash or irrevocable
letter of cr~dit shall be in an amount equal
to, the Works Cost Estimate witb respect to
the Plan or stage of the Plan covered by the
Authorization to Commence Work~
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_ (2) all documents furnished under this paragraph
s~allbe approved by th~ Treasurer and the
solicitor of the Municipality,
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(3) The cash or irrevocable letter as provided
in subparagraph (1) hereof are hereinafter
collectively referred to as a "Performance
Guarantee".
USE OF PERFORMANCE GUARANTEE
24. The Owner agrees that the Municipality may at any time,
by resolution of Municipal Council, authorize the use of all
or part of any Performance Guarantee if the Owner fails to
pay any costs payable by the Owner to the Municipality under
this Agreement by the due date of the invoice for such costs.
INDEMNIFICATION OF MUNICIPALITY AND INSURANCE
25. The Owner covenants and agrees to indemnify the Municipality
against all actions, causes of actions, suits, claims and
demands whatsoever and howsoever caused, which arise either by
reason of the development of the said Lands, or the undertaking
of the design, construction, installation and maintenance of
the Works and Utilities. The Owner agrees to indemnify the
Municipality with respect to all such claims notwithstanding
the issuance of a Certificate of Release provided,for in this
Agreement. The Owner shall also provide the insurance called
for by Schedule "K" of this Agreement.
REQUIREMENTS FOR AUTHORIZATION TO COMMENCE WORKS
26. The Owner shall not commence the construction or install-
ation of any of the Works without the written permission of
the Municipality,hereinafter called an "Authorization to Commence
Works". The Owner shall only commence those Works permitted by
the Authorization to Commence Works. In addition to any other
requirements contained herein, no Authorization to Commence
Works shall be issued for any of the Works until:
(1) the Plan has received final approval from the Minister; and
(2) the Plan has been registered; and
(3) the Owner has delivered copies of the Plans and Agreements
as required by paragraph 3 of this Agreement; and
(4) the'Owner has paid to the Municipality any outstanding
charges against the said lands required by paragraph 7 of this
Agreement; anp
(5) the Owner has co@eyed to the Municipality any easements
as required by paragraph 8 of this Agreement, and such ease-
ments have been registered; and
(6) the Owner has conveyed to the Municipality any lands and
paid any cash as r~q~ired by paragraphs 9 and 10 of this
Agreement, and any such c6nveyan~e has been registered; and
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,~ ,(7) The Owne~ shall deliver letters ftomtheappropriate
-'--,~-Public Utilities Commission, or- authority or company having
jurisdiction, stating that satisfactory agreements have been
entered into for the design and installation of the Utilities
as required by paragraph 14 of this Agreement; and
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(8) the Owner has appointed an Engineer as required by para-
graph 15 of this Agreeme~t; and
(9) the Owner has received the written approval of the Director
for the Engineering Drawings as required by paragraph 17 of this
Agreement; and
(10) The Owner has received the written approval of the Director
of the landscaping required as part of the Works and more partic-
ularly referred to in Schedule "G"; and
(11) the Owner has received the written approval of the Director
for the Grading and Drainage Plan as required by paragraph 18
of this Agreement; and
(12) the Owner has received the written approval of the Director
for the Tree Preservation Plan as required by paragraph 19 of
this Agreement; and
(13) the Owner has received the written approval of the Director
for the Staging Plan as required by paragraph 20 of this
Agreement; and
(14) the Owner has received the written approval of the Director
for the Schedule of Works as required by paragraph 21 of this
Agreement; and
(15) th~ Owner has received the written approval of the Director
for the Works Cost Estimate and/or Stage Cost Estimate as
required by paragraph 22 of this Agreement; and
(16) the Owner has deposited with the Municipality the Performance
Guarantee applying to that stage of the Plan for which the Owner
is seeking such Authorization to Commence Works as required by
paragraph 23 of this Agreement; and -
(17) the Owner has deposited with the Municipality any policies
of insurance as required by paragraph 25 of this Agreement; and
(18) The 6wner has paid all Municipal costs as required by para-
graph 59,of this Agreement as of the date of the issuance of the
Authorization to Commence Works; and
(19) the Owne~ has paid all sums due to the Municipality for over-
sizing as req~ired by paragraph 54 (2) of this Agreement.
REQUIREMENTS-FOR AUTHORIZATION OF SUBSEQUENT STAGES
27. If the Municipality has approved a Staging Plan for the said
Lands, the Owner shall require an Authorization to Commence Works
for each s~age of th~ Plan. If the Municipality has issued an
Authorization to Commence Works for one stage of the Plan, in add-
ition to any other requirements contained herein, no Authorization
to Commence Works shall be issued for any subsequent stage of the
Plan un-til:
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(1) the S~ageCost Estimate for such stage has been approved
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. (2) the Owner has deposited with the Municipality the Performance
Guarantee applying to that stage of the Plan for which the Owner
is seeking such Authorization to Commence Works,
INSPECTION AND STOP WORK
28, The contract with any contractor employed by the Owner to
construct or install any of the Works shall provide that
employees or agents of the Municipality may, at any time, inspect
the work of such contractor pertaining to the said Lands and the
Director, after consultation with the Owner's Engineer, shall have
the power to stop any such work in the event that, in their
opinion, work is being performed in a manner which may result
in a completed installation that would not be satisfactory to
the Municipality.
PROVISIONS FOR CONSTRUCTION AND INSTALLATION
29. All of the Works shall be constructed and installed in
accordance with the Engineering Drawings as approved by the
Director. No variation from the Engineering Drawings shall be
permitted unless such variation is authorized in writing by the
Director. All construction on the said Lands shall be carried
out in accordance with the regulations for construction as set
out in Schedule ilL" hereto.
SEQUENCE OF CONSTRUCTION AND INSTALLATION
30. The Owner shall, upon the issuance of an Authorization to
Commence Works, proceed to construct and install all of the
Works continuously and as required by the approved Schedule of
Works.
COMPLETION TIME FOR CONSTRUCTION AND INSTALLATION
31. The Owner shall, within two (2) years of the date of the
issuance~of an Authorization to Commence Works, complete the'con-
struction and installation of all of the Works authorized in
such Authorization to Cbmmence Works with the exception of the
curbs, sidewalks, final coat of asphalt,final lot grading, drive-
way approaches, sodding and tree planting.
ADDITIONAL FACILITIES OR WORK REQUIRED
32. If, in the opinion of the Director, any minor or incidental
additional work is required to provide for the adequate operation
and functioning of the Works, the Owner shall, until the con-
clusion of the maintenance guarantee period, construct or install
such additional facilities and perform such additional work as
the Municipality may request from ~ime to time.
INCOMPLETE OR FAULTY WORK
33. If, in the opinion of the Director~ the Owner is not pro-
secuting or causing to be prosecuted tbeWork required by tbis
Agreement, i~ :such a ill.anner that it will be completed
within the time specified for such compl~tion, or if the said
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Work is, being improperly done, or if the Owne'r neglects or
\" a band 0 n s the s aid W 0 r k, 0 ran y par t 0 fit, b e for e com pIe t ion ,
----'.dr unreasonably delays the execu,tion of the same, or if in
'any othet manner the said Work is not being done properly and
~ - promptly in full compliance with the provisions of this Agreement,
or 'in the event that the Owner neglects or refuses to do over
again any Work which may be rejected by the Director. as,ldefective
or unsuitable" or if the Owner in any other manner in the opinion
of the Director may default in performance under this Agreement,
then in any such case the Director on the authority of the
Council of the Municipality may notify the Owner and his surety
in writing of such default or neglect and within ten (10) clear days
after the giving of such notice or within such further period of
time as may be specifiied in the notice, the Municipal Council,
shall thereupon have full authority and power immediately at its
option to employ a contractor or such workmen as in the opinion
of the Director shall be required for the proper completion of
such work at the cost and expense of the Owner or his surety,
or both. In cases of emergency, in the opinion of the Director,
such work may be done without prior notice, but the Owner shall
forthwith be notified. The cost of such work shall be calculated
by the Director, whose decision shall be final. It is understood
and agreed that the total costs shall include a management fee
of thirty (30%) percent of a contracor's charges to the Municipal-
ity (including any charges for overhead and profit) or, if such
work is undertaken by the Municipality, thirty (30%) percent
of all charges, incurred to complete the work, it being hereby
declared and agreed that the assuming by the Owner of the obligat-
ions imposed by this clause is one of the considerations without
which the Municipality would not have executed this Agreement.
ENTRY FOR EMERGENCY REPAIRS
34, The Owner agrees that, at any time and from time to time,
employees or agents of the Municipality may enter the said lands
for the purpose of making emergency repairs to any of the Works.
Such entry and repairing shall not be deemed an acceptance of any
of the Works by the Municipality, nor an assumption by the Munic-
ipality of any liability in connection therewith, nor a release
of the Owner from any of its obligations under this Agreement.
DAMAGES OR RELOCATION OF EXISTING SERVICES OR NEIGHBOURING WELLS
35. (1) The Owner agrees to pay the cost of repairing any damages
to any services which without limiting the generality of the fore-
going shall include road, water, electrical, gas, telephone, cable
television or sewer systems, and the cost of relocating any exist-
ing services, caused by the development of the said Lands or any of
the work required by this Agreement, provided all work is to be done
to the satisfaction of the Director and/or authorities responsible
for such services. The Owner further agrees to pay the cost of
moving any of the Works installed under this Agreement, in driveways
or so close thereto, as in the opinion of the Directo~, interfere
with the use of the driveway.
(2) The Owner agrees to, if the well or private water supply
of any petson outside the Plan is interferred with tir dewatered
as a result of the construction or installat'ion of the Works:
(a) where the interference to ~ well Or private water
s~pp1y is short term duration (i.e. during the
c~urse of dewatering and e~cavat~on and within one
month of the completion of dewatering) make avail-
able to the affected party, a temporary supply of
water at no cost to the affeGted party; or
(b) where the interference to a well or private water
supp1Y,is of a long term duration, at the option
.of the Owner and at his expense connect the affected
party to the Municipal water supply system or provide a new
well or private water system so that water supplied to the
affected party shall be of a quality an4 quantity at least
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~qual to the qualii~ and quantity of water
enjoyed by the affected party prior to the
interference.
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USE OF WORKS BY MUNICIPALITY
36. The Owner agrees that any of the Works may be used by the
Municipality, or other authorized persons, for the purposes for
which the Works are designed. Such use of any of the Works
shall not be deemed an acceptance of any of the Works by the
Municipality nor an assumption by the Municipality of any
liability in connection therewith, nor a release of toe Owner
from any of his obligations under this Agreement.
USE OF SAID LANDS
37. The Owner agrees that the said Lands shall not be used for
any purpose other ':than bhat set out in Schedule' "M" hereto
without the prior written consent of the Municipality.
LANDS UNSUITABLE FOR BUILDING
38. The Owner agrees that the lots and blocks of the Plan
which are set out in Schedule "N" hereto are unsuitable for
building purposes and that no application will be made for a
building ~ermit for the erection of any structure on any such
lot or block until the conditions outlined in Schedule "N"
hereto for such lot or block have been satisfied to the approval
of~the Director and/or any other authorities having jurisdiction.
LANDS REQUIRING SITE PLAN
39. The Owner covenants and agrees that no application for any
building permit in respect of the lots or blocks of the Plan
which are set out in Schedule "0" shall be made until the Owner
has entered into a Site Plan Agreement with the Municipality
respecting the development of such lot and unless the application.
for a building permit complies in all respects with the terms of
the said Site Plan Agreement.
REQUIREMENTS FOR BUILDING PERMITS
40. Neither the execution of this Agreement by the Munic~pality
nor the approval by the Municipality of the Plan for registration,
nor the issuance by :the Municipality of any Certificate of Accept-
ance shall be deemed to give any assurance that building permits
when applied for will be issued in respect of any of the said
Lands. The Owner agrees that no application for any~building
permit in respect of any of the said Lands shall be made until:
(1) all easements for Utilities or drainage,
or other purposes across the lot or block in
respect of which a building permit is pro-
posed to be issued have been transferred
to the Municipality; and
(2) all the roads which are required to be
constructed under this Agreement to -
provide access to the. proposed building,
have been constructed to at least the com-
plet~d granular base.
( 3)
all of the Works required to be con-
structed and installed under such roa~s
have been constructed and installed to
the approval of the Dir~ctor; and
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(4) all of the Utilities required to be con-
structed and installed under such roads
have been constructed and installed to
the apprpval of the authorities having
jurisdiction over such Utilities; and
(5) the Owner has provided the Director with
a mylar and four copies of a street number-
ing plan satisfactory to the Municipality
and each street number shall permanently
apply to the lot or block shown on the
Plan and shall be provided by the Owner
to all subsequent owners; and
(6) the balance of all Development Levies
have been paid in respect of the lot or block
in the Plan for which the building permit
is applied for; and
(7) the Owner has deposited the Occupancy
Penalty fee as required by paragraph 44
of this Agreement; and
(8) if the application for a building permit is
in re~pect of any lot or block set out in
Schedule "N" the Owner has fulfilled the
conditions with respect to the lots and
b 1 0 c k s ass e t 0 uti n S c he d u 1 e "N'~ as
required by paragraph 38 of this Agreement;
and
(9) if the application for a building permit
is in respect of any lot or block as set
out in Schedule "0" the Owner has entered
into a Site Plan Agreement with respect to
the lots or blocks as set out in Schedule
"0" as required by paragraph 39 of this
Agreement.
MODEL HOMES
41. (1) Notwithstanding the provisions of paragraph 40 of this
Agreement, the Owner may apply for building permits for up to
twenty (20) model homes on the lands, provided that such applic-
ation is- in conformity with the requisite by-laws of the
Municipality and The Building Code, 1974, and provided that all
building permit fees, occupancy ~enalty and appropriate develop-
ment l~vies as provided for in this Agreement have been paid
or provided.
(2) The -Owner agrees that any model home shall be used for
display purposes only and shall not be occupied for any resident-
ialpurpose until such time as the prov~sions of paragraph 43-
of this Ag~eement have been complied with and if such model home
is occupied for residential purposes coptrary to this paragraph
the provisions of paragraph 44 shall apply.
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~EQUIREMENTS FOR SALE OF LANDS
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42. The Owner agrees not to sell any or all of the said Lands
until:
(1) the Municipality has registered against
the title to such lands any grant of
easement in respect of such lands; and
(2) where no building permit has been issued
in respect of any lot or block proposed
to be sold, the Owner has obtained from the
prospective purchaser a covenant that such
purchaser agrees at any time prior to the
issuance of a building permit, to provide
the Municipality with any grants of easement
required for utility or drainage purposes
upon the written request of the Municipality;
and '
(3) the Owner has obtained from the prospective
purchaser a licence to permit the Owner
and/or Municipality, to enter upon such
lands to perform its obligations under this
Agreement; and
(4) the Owner has inserted in the agreement to
purchase entered into by the prospective
purchaser, notice that the lands are subject
to the covenants and obligations set forth
in this Agreement.
REQUIREMENTS FOR AUTHORIZATION TO OCCUPY
43. Notwithstanding the requirements of any statute regulation
or by~law for the issuance of any permit authorizing the
occupancy of any dwelling or other structure, the Owner shall
not permit any building on the said Lands to be occupied, and
no one shall occupy such building without the written permission
oft heM un i c i pal i t Y her e in aft e r call e d a n II 0 C cup a n c y Per m i t." .
In addition to any other requirements contained herein, no
Occupancy Permit shall be issued.for any building until:
(1) all of the roadswhich are required to be
constructed under this Agreement, which
will provide access to such building, have
had the application of the base course of
asphalt, to the written approval of the
Director; and
(2) all of the storm sewage s~stem required to
be constructed and ipstalled to service
such building has been constructed and,
installed to the written approval of the
Director, and the building has been connected
thereto; and
(3) all of the Utilities, save t~lephone and
cable T.V. required to be constructed and
installed and connected to the building have
bee n S 0 cons t r u c t ed, ins tall e d and conn e c t e d
to the written approval of the authorities
having jurisdiction over such Utilities; and
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'4) the building has be~n connected to and
is serviced by a water supply and sewage
disposal system to the written approval
of the authority having jurisdiction;
and
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(5) the Owner's Engineer has provided the
Director with written confirmation that
the lot or block, where such building is
located, conforms to the Grading and
Drainage Plan, or has received the written
approval of the Director with respect to
any variance to the Grading and Drainage
Plan.
OCCUPANCY PERMIT
44. Prior to the issuance of the first building permit the
Owner agrees to lodge with the Municipality an irrevocable
letter of credit issued by a chartered Canadian bank in the
amount of $10,000.00 to guarantee that occupancy does not
occur in respect of any lot or' block before the issuance of
an Occupancy Permit for such lot or block. In the event that
occupancy occurs in respect of any lot or block before the
issuance of an Occupancy Permit contrary to paragraph 43,
the sum of $2,000.00 shall be immediately forfeited to the
Municipality for each such lot or block and u~on forfeiture
the Owner shall immediately restore the letter of credit to
the full amount of $10,000.00 so that the amount of sec~rity
deposit on hand wi~h the Municipality is always equal to
$10,000.00. The letter of credit shall be released to the
Owner at such time as the last unit is ready for occupancy
in accordance with the terms of this Agreement or at such
earlier date as may be mutually agreed in writing by the
parties.
MAINTENANCE OF ROADS AFTER ACCEPTANCE
45. (1) Notwithstanding any other requirement in this Agreement
to maintain the Work~, if any building on the said Lands is
occupied, the Owner shall maintain all of the roads, which
are required to be constructed and which provide access to
such building, until a Certificate of Acceptance has been
issued for such road. The Owner shall:
(a) maintain the roads at all times in a well
drained, dust and mud free condition, fit
for all normal vehicular traffic, to the
approval of the Director; and
(b) during the course of installation of the
Wo r k san d Uti 1 i tie s pro v i"d e and m a in t a i n
safe and adequate access to all occupied
buildings.
(2) The Municipality agrees to snowplow and sand paved
subdivision roadways. Until the roadw_ays are vested in' the
Municipality the Owner shall pay fifty (50%) percent of the
actual cost of snowp~owipg and sandi~g such roadways.
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(3) The provision of any work or service by the
Municipality under paragraph 34 or subparagraph (2) of this
paragraph, shall not in any way constitute approval or
assumption of the road and the road shall not be deemed
to have been assumed until a Certificate of Acceptance has
been issued.
REQUIREMENTS FOR CERTIFICATE OF COMPLETION
46. The Owner agrees that the construction and installation
of any of the Works authorized in an Authorization to
Commence Works shall not be deemed to be completed for the
purposes of this Agreement until the Director has provided
the Owner with written confirmation thereof, referred to here-
in as a "Certificate of Completion", In addition to any
other requrements contained herein, no Certificate of
Completion shall be issued until:
(1) Such of the Works authorized by the
Authorization to Commence Works, for
which a Certificate of Completion is
required, have been inspected by the
Director, and the Municipal Council has
approved the written report of the
Director that such Works have been
constructed and installed in accordance
with the" latest version of the Engineering
Drawings approved by the Director;
and
(2) the Municipality is satisfied that,
~n respect of the construction and
installation of all of the Works auth-
orized by such Authorization to
commence Works, there are no outstanding
claims relating to such Works.
PERIOD OF REQUIRED MAINTENANCE OF WORKS
47. The Owner shall from the date of the issuance of a
Certificate of Completion maintain all of the Works covered
by such Certificate of Completion for a period of two (2)
years.
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MAINTENANCE GUARANTEE REQUIRED
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48. In order to guarantee that all defects in the Works,
Mhich become apparent after the issuance of a Certificate of
Completion for such Works, will be properly repaired or
replaced, the Owner shall, prior to the issuance of the
Certificate of Completion for such Works, lodge with the Mun-
icipality a Maintenance Guarantee in the form of cash or an
irrevocable letter of credit from a chartered Canadian bank,
and in -an amount equal to ten percent(lO%) of the estimated
cost of the Works as set out in Schedule "J" hereto. The
form of the Maintenance Guarantee shall be subject to the
approval of the Municipal Solicitor, and the Municipal
Treasurer, and shall guarantee the Works for two (2) years
from the date of completion,
USE OF MAINTENANCE GUARANTEE
49. The Owner agrees that the Municipality may at any time,
by resolution of Municipal Council, authorize the use of all
or any part of any Maintenance Guarantee if the Owner fails
to pay any costs, payable by the Owner to the Municipality
under this Agreement, by the due date of the invoice for such
costs.
REQUIREMENTS FOR RELEASE OF PERFORMANCE GUARANTEE
50. The Owner agrees that the Municipality shall not 'be
obliged to release to the Owner the unused portion of any
Performance Guarantee until:
(1) a Certificate of Completion has been issued
for the Works for which such Performance
Guarantee was required; and
(2) the Owner has deposited with the Municipality
the Maintenance Guarantee applying to those
Works for which such Performance Guarantee
was required; and
(3) the Municipality is satisfied that in respect
of the construction and installation of the
Works for which such Performance Guarantee
was required, there are no outstanding claims
relating to such Works.
REQUIREMENTS FOR CERTIFICATE OF ACCEPTANCE
51. The Owner agrees that any of the Works covered by a
Certificate of Completion shall not be accepted, nor deemed to
be accepted, for the purpose of th~s Agreement, until the
Director has _provided the Owner with written confirmation there-
of, referred . t oh ere i n as a " C e r t i f i c q. t e of A c c e p tan ce" . In
addition to any other requirements contained herein, no Certif-
icate of Acceptance shall be issued until all of the Works
covered by such Certificate of Completion have been inspected
by the Director and the Municipal Counc1l has approved the
written report of the Director that all such Works have been
maintained to the approval of the Direct~r for the period set
out in par a g rap h 4 5 : 0 ft his A g r e em e n t.
O~NERSHIPOF ~ORKS BY MUNICIPALITY
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, ,52, The Owner agrees that, upon the issuance of a Certificate
of Acceptance, the ownership of all of the Works covered by
such Certificate of Acceptance shall vest in the Municipality
and the Owner shall have no right or claim thereto, other
than as an Owner of land abutting a road in which such Works
are installed,
REQUIREMENTS FOR RELEASE OF MAINTENANCE GUARANTEE
53. (1) The Owner agrees that the Municipality shall not be
obliged to release to the Owner the unused portion of any
Maintenance Guarantee until:
(a) a Certificate of Acceptance has been
issued for the Works for which such
Maintenance Guarantee was required;
and
(b) the Municipality is satisfied that,
in respect of the maintenance of all
of the Works for which such Maintenance
Guarantee was required, there are no
outstanding claims relating to such
Works".
(2) The Municipality shall release to the Owner the unused
portion of any Maintenance Guarantee upon fulfillment of
Clause (a) and (b) of subparagraph (1) hereof.
REQUIREMENTS FOR CERTIFICATE OF RELEASE 1
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54, Upon compliance with subparagraphs (1), (2), and (3) I
hereof, the Municipality agrees to provide the Owner with a t
written release for the said Lands. referred to herein as the i
"Certificate of Release", in a form suitable for registration
or deposit in the applicable Registry or Land Titles Office.
In addition to any of the requirements contained herein, the
Certificate of Release,for such, stage shall not be issued until:
(
(1) Certificats of Acceptance have been issued
for all of the Works; and
(2) a registered Ontario Land Surveyor,
approved by the Municipality, has provided
the Municipality with written confirmation
that at a date not earlier than the end
of the maintenance period described herein,
he has found or replaced all standard iron
bars as shown on the Plan and survey monu-
ments at all block corners, the end of all
curves, other than corner roundings, and
all points of change in dir~ction of roads
on the Plan; and
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(3) the Municipal Council has, by resolution,
declared that the Owner' is not in default
of any of the provisions 6f this Agreement.
The Certificate of Release shall operate as a discharge of
th~ land described therein of all obligations of the Owner
under this Agreement with the exception of the Owner's ,
responsibility for' drainage as, provided berein and the Owner's
acceptance of the conditions f~r applying far munieipal
building permits as provided herein.
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REQUIREMENTS fOR OVERSIZED OR EXTERNAL SERVICES
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55, (1) In the event that the Owner is required to install
oversized services (hereinafter called "Oversized Services")
o~ services outside the limits of the Plan of Subdivision
(hereinafter called "External Services") which are more part-
icularly set out in Schedule "p" hereto, the Municipality
agrees that upon a developer of lands outside the Plan of
Subdivision connecting to such Oversized or External Services,
to pay to the Owner that portion of the cost of the Oversized
or External Services (which is also set out in Schedule "PII)
that is equal to the proportion of the excess capacity of such
Oversized or External Services which is estimated to be
utilized by such developer. The excess capacity of such Over-'
sized or External Services shall be the capacity of such
services estimated to be available after the Owner has fully
developed the lands. The portion of such Oversized or
External Services estimated to be utilized by a developer
of lands outside the Plan of Subdivision shall be calculated
by the Director. whose decision shall be final. In determining
the cost of the Oversized or External 'Services there shall be
added annually from the first anniversary of the issuing
of the Certificate of Completion to the costs set out in
Schedule lip" a sum equal to the interest on the amount of the
unpaid balance from time to time of the cost of the Oversized
or External Services calculated from the date of the issuance
of the Certificate of Completion, at the highest prime lending
rate charged during the previous year by the Bank of Montreal
at its main branch in the City of Toronto, plus two percent
(2%).
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(2) In the event that payment is required to be made under
this paragraph by the Municipality before the issuance of a
Certificate of Completion, no interest shall be added to the
cost of Oversized or External Services.
(3) In the event that payment is required to be made under
this paragraph by the Municipality before the first anniversary
of the issuance of the Certificate of Completion, interest shall
be calculated at the highest prime rate charged by such bank,
plus two percent (2%) from the date of the issuance of the
Certificate of Completion to the date of payment. Interest shall
be calculated on a per diem basis to the date of payment.
CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY
56. The Owner hereby agrees to carry out or cause to be carried
out to the satisfaction of the Central Lake Ontario Conservation
Authority. all matters more particuarly set forth in Schedule
"Q" hereto.
RESPONSIBILITY FOR DRAINAGE
57. Even after the issuance of the Certificate of Release the
registered owner of each lot or block on the Plan shall have
the sole iesponsibility for providin~ and maintaining adequate
drainage of surface waters from such lot OT block.
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INTEREST IN SAID LANDS
58. Th~ Owner hereby charges all its interest in the
sa i d Lan d s w i t-h the 0 b 1 i gat ion sse t 0 uti nth i sAg r e em e n t .
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PAYMENT OF MUNICIPAL COSTS
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59, (1) Every provision of this Agreement by which the
Owner is obliged in any way shall be deemed to include the
'words "at the expense of the Owner" unless the context
otherwise requires.
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(2) The Owner upon the execution of this Agreement
shall reimburse the Municipality for all reasonable legal,
planning,engineering and other technical advice and
assistance actually incurred by the Municipality in connection
with the preparation for and attendances at the Ontario
Municipal Board hearings for the draft approval of Subdivisions
18T-76027 and 18T-76048 and approval of the Municipality's
By-laws 77-12 and 77-13.
(3) The Owner shall reimburse the Municipality for
all reasonable legal expenses actually incurred for the pre-
paration, registration of this Agreement, and the legal
services contemplated by the terms of this Agreement, which
shall include review of performance guarantee and the prepar-
ation of any release.
(4) The Owner shall have the right to inspect, upon
reasonable notice, during regular business hours, such accounts,
invoices, time records and other documents and calculations
of charges for which the Town is seeking reimbursement.
(5) The Owner shall pay to the Municipality for all
engineering and in~pection costs in accordance with the pro-
visions of Schedule "R" hereto.
UNPAID CHARGES
60. The due dates of any sum of money payable herein, unless
a sho~tertime is specified, shall be thirty (30) days after
the date of the invoice. Interest at one (1%) percent per
month shall be payable by the Owner to the Municipality on all
sums of money payable herein, which are not paid on the due
da;es, calculated from such due dates.
NOTIFICATION OF OWNER
61. If any notice is required to be given by the Municipality
to the Owner in respect of this Agreement, such notice shall
be mailed or delivered to:
Courtice Heights Developments,
c/o A. Starkman, Esq"
Suite 506,
1300 Yonge Street,
Toronto, Ontario
M4T lX3
or such address as the Owner has notified the Municipality, .
in writ'ing, and any such notice mailed or delivered shall be
deemed goo~ and suf~icient notice under the terms of this
Agreement.
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REGISTRATION OF AGREEMENT
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62. The Owner and Mortgagee hereby consent to the registration
of this Agreement by the Municipality and covenant and agree
not to register or permit the registration of any document
after registration of the plan of subdivision on any land in
cluded in the said Plan unless this subdivision agreement, and
any dee~s, easements or other documents required to be furnished
thereunder, have first been registered against the title to
the land included in the Plan.
RENEGOTIATION AND AMENDMENT OF AGREEMENT
63. (1) The Owner agrees that the Municipality may at its
option in the circumstances set out below on thirty (30) days
written otice to the Owner, declare this Agreement to be
subject to renegotiation, whereupon the Owner agrees not to
undertake any construction or installation of any of the Works
until this Agreement has been renegotiated. This Agreement
may be subject to renegotiation if:
(i) the Minister approves a Plan of Subdivision for the said
lands which is substantially different from the Plan attached
hereto as Schedule "B" or
(ii) The Plan of Subdivision is not finally approved by the
Minister and registered within eighteen (18) months of the
date of the execution of this Agreement; or
(iii) the agreement between the Owner and the Regional Municipality
of Durham has not been executed at the time of the execution
of this Agreement, or such agreement has been executed
and is subsequently amended, and the provisions of such
agreement affect materially the location or sizing of any
of the Works to' be supplied and installed under the terms
of this Agreement; or
(iv) no construction or installation of any of the Works has com-
menced within two (2) years from the date of registration
of the plan,
and failing agreement, this Agreement shall be null and void.
(2) The parties may from time to time by mutual agreement
amend the terms of this Agreement and any of the Schedules but
an amendment shall only be effective if in writing and executed
under the seals and hands of the proper officers of each party.
(3) The parties hereto acknowledge that at the time of the
execution of this agreement, only a red lined copy of the plan
of subdivision is in existence and all descriptions in this
Agreement and the Schedules annexed hereto refer to the descriptions
in the red lined plan annexed hereto as Schedule "B". Upon the
final plan of subdivision being approved by the Minister of Housing
the final plan shall be substituted for the red lined plan
annexed as Schedule "B" and all amendments necessary or requisite
shall be made to conform with the descriptions used in this Agreement
and the Schedules, (and without limiting the generality of the
foregoing, in particular Schedules "B","E","F","G","N","O","P",
and "Q")' with the final plan of subdivisian.
MUNICIPALITY TO ACT PROMPTLY
64. Wherever the Municipality, or the Solicitor, or the Treasurer
for the Municipality, or the Director, is required to take action
pursuant to this Agree~ent, oris required to make a decision or
render an opinion, or give confirmation or give authorization,
permission or approval, then such action, decision, confirmation,
authorization, permission or approval shall be made promptly and
in all respects the Municipality and its officers, servants or
agen t s shall ac t reas'onab 1 y.
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" ASS1GNMENT OF,AGin:EMENT'
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65, The Owner shall not assign this Agreement without prior
written consent of the Municipality and no such assignment
shall relieve the Owner of any of his obligations under
this Agreement.
SCHEDULES TO AGREEMENT
66, The following schedules which ar~ identified by the
signatures of the parties to this Ag"ieement, and which are
attached hereto, together with all provisions contained
therein, are hereby made a part of ~~is Agreement as fully
and to all intents and pu~poses as ~hough recited in full
herein:
Schedule "All
Schedule liB"
Schedule "CII
Schedule "DII
Schedule II Ell
Schedule IIF"
Schedule "GII
Schedule "HII
Schedule "I"
Schedule IIJ"
Schedule "K"
Schedule IILII
Schedule "Mil
Schedule "Nil
Schedule "011
Schedule "plI
Schedule "QII
Schedule "R"
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"Legal description of said landsll
"Plan of Subdivision for final
approval"
"Charges against said landsll
"Development charges"
"Grants of easements to be
dedicatedll
"Lands and/or cash to be dedicated"
"Works required"
"Utilities required"
"Duties of Owner's Engineer"
"Cost Estimates:
"Insurance policies required"
"Regulations for construction"
"U s e 0 f sa i d I and s '!
"Lands unsuitable for building"
"Lands requiring site plan"
"Oversized and/or External Services"
"Central-Lake' Ontario Conservation
Authority's \~orksll
"Administration Feesll
67. The Mortgagee does hereby postpone his mortgage to this ,
Agreement with the intent that this Agreement shall take effect
as though dated, executed and regi~tered ~rior to the mortgage
and the Mortgagee covenants and agrees that in the event that
he obtains ownership of the said lands by foreclosure or othe~-
.wise, he shall not use or develop the said lands except. in
conformity with ,the provision~ of this Agreement.'
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SUCCESSORS
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68, This Agreement shall enure to the benefit of and be
binding ~pon all of the parties hereto, its, his or her
respective heirs, executors, administrators, successors or
assigns.
IN WITNESS WHEREOF the parties hereto have hereunto set their
hands and seals the day and year first above written and the
parties. hereto have hereunto affixed their corporate seals
by the hands of their proper offic~rs duly authorized in tha~
behalf.
SIGNED, SEALED & DELIVERED
In the presence of
)THE CbRPORATION OF THE TOWN OF
) NEPCAS TLE, ,
)Per:
)
)
)CLARET INVESTMENTS LIMITED,
)per:
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)
)
)REXGATE HOLDINGS LIMITED,
)per: ~ ~
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)
) Minnie Mary Phair
)
)
James Milgate
)
)
)
Roy F. Johnson
Merelda B, Johnson
) Reinhold Litz, Sr.
)
Reinhold Litz, Jr.
)
)
John Kastel
)- Mary Kastel
)
)
)
John Kuyer
Elizabeth Kuyer
Flecherdon Investments Limited,
Per:
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~EGAL DESCRIPTI0~ OF SAID LANDS
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ALL AND SINGULAR that certain parcel or tract of land and
premises situate, lying and being in the Town of Newcastle,
Regional Municipality of Durham, Province of Ontario, being
composed of Part of Lots 31 and 32, Concession 2, in the
Geographic Township of Darlington, the boundaries of said
parcel are described as follows:
PREMISING that the bearings mention'-ed hereafter are astronomic,
and derived from solar observation'and are referred to the 'meridian
pa~5ing through the Southeast angl~ of Lot 19, Concession 2,
Town of Newcastle, Regional Muncipalityof Durham (longitude
78 degrees, 43 minutes, 12 seconds We~t):
COMMENCING at a point in West limit of said Lot 32, distant
3,272.59 feet, measured North 18 degrees, 50 seconds West,
along said West limit from the Southwest angle thereof:
THENCE North 18 degrees, 50 seconds West, along sai~ West limit,
a distance of 388.04 feet to a poin~:
THENCE North 76 degrees, 24 minutes, 10 seconds East, a distance
of2 feet to a point:
THENCE North 11 degrees, 49 minutes West along a fence, a distance
of 19.04 feet to a point:
THENCE North 13 degrees, 7 minutes, 20 seconds West, continuing along
said fence, a distance of 24.08 feet,to a point:
THENCE North 27 degrees, 48 minutes, 50 seconds West, continuing
along said fence, a distance of 20.30 feet to a point:
THENCE North 16 degrees, 34 minutes, 30 seconds West, a distance
of 175~60 feet to a point;
THENCE North 10 degrees, 34 minutes, 50 seconds West, a distance
of 224.62 feet to a point;
THENCE North 17 degrees,- 18 minutes, 40 seconds West, along
a fence marking the existing East limit of forced road known as
Prestonvale Road, a distance of 573.83 feet to a point:
THENCE North 57 degrees, 44 minutes, 20 seconds East, a distance
of 215.00 feet to a point;
THENCE North 17 degrees, 17 minutes, 50 seconds West, a distance
of 279.86 feet to a point;
THENCE South 57 degrees, 44 minutes, 20 seconds West, a distance
of 215.00 feet to a point in the East limit of Prestonvale
Road;
THENCE North 17 'degrees, 17 minutes, 50 seconds West, a distance
of 68.31 feet to a point:
?HENCE North 57 degrees, 44 minutes, 20 seconds East, a distance
of 215.00 feet to a point;
THENCE North, l7 degrees, 17 minutes, 50 seconds West, a distance
of 209.90 feet to a point in the South limit of Registered Plan
No. 630.
THENCE North 57 degrees, 5lminutes, 20 seconds East, along
said South limit of Registered Plan No. 630, a distance of 445.00
feet to the Southeast angle of said.Registered Plan No. 630.
--,.-
- 2 -
... '..
._ 't"
6
\
THENCE North 17 degrees, 19 minutes, 10 seconds West along the
East limit of said Registered Plan No. 630 and the production
Northerly thereof, a distance of 656.60 feet to a point in the
South limit of King's Highway No.2 as defined in Instrument
No. 23455 ;
THENCE Northeasterly along said South limit of King's Highway
No. 2 being the arc of curve to the right having a radius of
911.93 feet, a distance of 67.59 feet, said arc has a chord
equivalent of 67.58 feet measured on a course of North 60 degrees,
14 minutes, 45 seconds East;
THENCE South 17 degrees, 19 minutes, 10 seconds East, a distance
of 265.55 feet to a point;
THENCE North 68 degrees, 32 minutes, 20 seconds East, a distance
of 542.75 feet to a point;
THENCE South 18 degrees, 29 minutes, 20 seconds East, a distance
of 54.04 feet to a point;
THENCE North 69 degrees, 26 minutes East, a distance of 65.10 feet
to a point;
THENCE South 18 Qegrees, 58 minutes East, a distance of 50.58
feet to a point;
THENCE North 69 degrees, 26 minutes East, a distance of 93.60
feet to a point;
THENCE North 18 degrees, 30 minutes, 50 seconds West, a distance
of 1~.86 feet to a point;
THENCE North 71 degrees, 28 minutes, 30 seconds East, a distance
of 133.61 feet to a point in a fence running Southerly;
THENCE Soutp 18 degrees, 37 minutes, 10 seconds East, along
said fence, a distance of 391.50 feet to a point;
THENCE continuing South 18 degrees, 27 minutes East, conti~uing alon
said fence, a distance of 407.56 feet to a point;
THENCE South 18 degrees, 16 minutes West, continuing along said
fence, a distance of 448.81 feet to a point in a fence running
Easterly;
THENCE North 69 degrees, 12 minutes, 10 seconds East, along
said fence, a distance of 264.58 feet to a point;
THENCE North 75 degrees, 51 minutes, 30 seconds East, a distance
of 531.11 feet -to a point in a fence running Northerly;
THENCE North 18 degrees, 43 minutes, 10 seconds West, along said
fence, a distance of 440.93 feet to a point in a fence running
Easterly;
THENCE North 71 degrees, 13 mitiutes, 50 seconds East along
said fence, a distance of 254.21 feet to a point in a fence
marking the East limit of Lot 31.
t.,
..
'.
, .
- 3 -
o
THENCE South 18 degrees, 01 minute East along said fence a
distance of 410.25 feet to a point; ,
THENCE South 75 degrees, 32 minutes, 50 seconds West, a distance
of 200.00 feet to a point;
THENCE South 18 degrees, 01 minute West, a distance of 65.00
feet to a point;,
THENCE South 75 degrees, 32 minute~, 50 seconds West, a distance
of 50.00 feet to a point;
THENCE South 18 degrees, 01 ~inute West, a distance of 70.00 feet
to a point;
THENCE North 75 degrees, 32 minutes, 50 seconds East, a distance
of 250.00 feet to a point in the East limit of Lot 31;
THENCE South l~degre~s, 01 minute West, along a fence marking
the East limit, a distance of 761.48 feet to a point;
THENCE South 71 degrees, 44 minut'es, 50 seconds West along a
distance of 589.78 feet to a point;
THENCE South 71 degrees, 32 minutes, 40 seconds West, a distance
of 716.06 feet to a point in a fence marking the existing Westerly
limit of Lot 31;
THENCE South 15 degrees, 16 minutes, 30 seconds East, a distance
of 326.29 feet along said fence, to a point;
THENCE North 68 degrees, 20 seconds East, a distance of 209.61
feet to a point;
THENCE North 73 degrees, 50 minutes, 40 seconds East, a distance
of '42~:02 feet to a point;
THENCE North 72 degrees, 50 seconds East along a fence, a distance
of 483.94 feet to a point;
THENCE South 17 degrees, 55 minutes, 10 seconds East, a distance
of 137.00 feet;
THENCE North 71 degrees, 55 minutes, 20 seconds East, a distance
of 201.69 feet along a chain link fence to a point in the East
limit of Lot 31;
THENCE South 18 degrees, 01 minute East, a distance of 223.84
feet to a point in a fence running Easterly;
THENCE South 71 degrees, 51 minutes, 10 seconds West along said
fence, a distance of 745.58 feet;
THENCE South 81 degrees, 51 minutes, 40 seconds West containing
along said fence a distance of.588.18 feet to a point in the
limit between Lots 31 and 32, Concession 2;
THENCE South 81 degrees, 55 minutes, 50 seconds West along a
fence, a distance of 358.39 feet;
THENCE continuing South 81 degrees, 35 minutes, 30 seconds West
continuing along said fence, a distance of 490.17 feet;
~ .
...
<j
t.',
'4 -
cJ
TJ~ENCE- South 8~Qe9:(?eS, J6 minutes, 40 seconds \1cst, a distance
of 495,80' feet to a point of commencement.
The above de5cri~~d parcel of Jand contains by admeasurement
an area of J16.757 acres more or less.
THIS SCHEDULE is Schedule "A" to the Agre,;;;nent which has been
aut h 0 r i zed and a p pro v e Cl by By -1 awN 0 :"'J9 r.s 0 f the Cor p 0 rat ion 0 f
the Tow n 0 f l~ e we a s t 1 e, en act e d and p a ~s e d the '- ~ day 0 f
--ct: (.L 'J: ' 1 9 7 f' .
SIGNED, SEALED & DELIVERED)
In the presence of:
THE CORPORATION OF THE TOWN OF
) ~;~~..
:......~~.
CLARET INVESTMENTS LIMITED,
) Per: ~
)
)
) REXGATE HOLDINGS LIMITED,
Per:
) .#)~
) ~~
)
) Minnie Mary Phair
)
)
Jame!; Milgate
) Roy F. Johnson
)
)
Merelda B, Johnson
) Reinhold Litz, Sr,
)
)
Reinhold Litz, Jr.
) John Kastel
)
)
Mary Kastel
) John Kuyer
)
)
Elizabeth Kuyer
FLECHERDON INVESTMENTS LIMITED,'
) Per:
)
)
~~
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--,---:-"'--
CHARGES AGAINST SAID LANDS
, ~
(1) MUNICIpAL TAX~S
~
NIL
(2) LOCAL IMPROVEMENT CHARGES
(3) DRAINAGE CHARGES
NIL
NIL
THIS SCHEDULE is Schedule "c" to t~e Agreement which has been
authorized and approved by By -1 awN 0 .7 f ' ".)~ f the Corporation
of the Town of Newcastle, enacted and passed the ~ ~ day of
~k..~ ,l97P.
SIGNED, SEALED & DELIVERED)
In the presence of:
THE CORPORATION OF THE TOWN OF
NEWCASTL
) Per:
)
)
)
)
yor
------ '
~ ~7--
Clerk
CLARET INVESTMENTS LIMITED,
) Per:
~
)
)
) REX GATE HOLDINGS LIMITED,
Per:
) )~
) ~~
'-
)
) Minnie Mary Phair
)
)
James Milgate
) Roy F. Johnson
)
)
Merelda B. Johnson
) Reinhold Litz, Sr,
)
)
Reinhold Litz, Jr.
,) John Kastel
)
)
Mar:y Kastel
) John Kuyer
)
)
Elizabeth Kuyer
FLECHERDON INVESTMENTS LIMITED,.
) Per:
)
)
;,
"
:',
DEVELOPMENT CHARGES
..
,,~
The Owner shall pay to the MunicipBlity development charges
Tof $1,138,500,00 (calculated at the rate of $1,500.00 for
each dwelling unit) which shall be paid as follows:
25% of the aforesaid sum forthwith upon the date
of final approval by the Minister of Housing;
15% of the aforesaid sum at the date of
the issuance of the building permit for
the first dwelling unit.
15% of the aforesaid sum on. the first anniv-
ersary of the issuance of the building permit
for the first dwelling uni~, or upon the
issuance of the building permit for the
304th dwelling unit whichever date is the
sooner.
_'15% of:.t;ehe aforesaid sum ont::he second anniv-
ersary of the issuance of the building permit
for the first dwelling unit or upon the
issuance of the building permit for the
4l8th dwelling unit whichever date is the
sooner.
I 5 % ;: 0 f the: a for e s aid sum 0 n t:: he t h i r d ann i v-
ersary of the issuance of the building permit
for the first dwelling unit or upon the
issuance of the building permit for'the 532nd
dwelling unit whichever date is the sooner.
the remainder 'of the 'aforesaid sum on the fourth
anniversary of the issuance of the building
permit for the first dwelling unit or upon
the issuance of the building permit for the
646th dwelling unit whichever date is the
sooner.
For the purposes of this Schedule and the Agreement development
levies actually paid to the Municipality shall be applied in the
first instance on a pro-rata basis against all lots or blocks
within the Plan upon ~hich it is,contempl~ted by this Agreement
that residences shall be built but, upon the issuance of the
first building.permit and thereafter, the development levies shall
be first applied in full satisfaction of the development levies
owing on the lots or blocks in respect of which the building
permits have been issued and the balance of any development levies
actually paid to the Municipality (if any) shall be applied on a
pro-rata basis against allots or blocks within the Plan upon
which it is contemplated by this Agreement that residences shall
be built but for which no building permit has been issued.
(P age '1 0 f 2 )
,
~ '
--~
...'
, -
for the purposes of this Schedule and the Agreement the number
of buildi~gpermits issued shal,l be the aggregate -of all build-
ing permits issued with respect to any lot or block within the
Plan whether issued to the Owner or any other person.
~
THIS IS SCHEDULE "D" to the Agrp/ement which has been authorized
and approved by By-law No'7t.r~ of the Corporation of the
Tow~of Newcastle, enacted and passed on the LLJ-.. day ofdt.L'V
197% . . /
SIGNED, SEALED & DELIVERED) THE CORPORATION OF THE TOWN OF
In the presence of: ) ~=~~~~~~.
) ayor
)
)
CLARE
) Per:
LIMITEP,
~
)
)
) REXGATE HOLDINGS LIMITED,
Per:
)
)
)
} oJ-.-c:
t/
~~
) Minnie Mary Phair
)
)
Jam e s M'i I gat e
) Roy F, Johnson
)
)
Merelda B, Johnson
) Reinhold Litz, Sr,
)
)
Reinhold Litz, Jr,
) John Kastel
)
) --
Mary Kastel
) _ John Kuyer
)
Elizabeth Kuyer
)
FLECHERDON INVESTMENTS LIMITED,-
} Per:
)
)
SCHEDULE "E"
-...
"
,
" .,
~
GRANTS OF EASEMENT TO BE DEDICATED
The Owner shall deliver t.O t:he Hunicipality in a Lorm satisfactory
to the Municipality the following casements:
a)
the south five fret: 'Lot, 82 and the nort:h five f(~e t Lot S3
the east_ five'. feet Lot: 820 and the north five feet. Lot 821
the west, five feet, Lot E;l07 and the east five feet Lot 8108
b)
c)
d) I:h(~ south fj \1C rc~ct T/ol S112 and the north five; fcct T,ot S113
c) the souLh rivc [('cL LoL ;,;118 and U1C norl-]) [iv(' reel~. Lot: 8119
f) the south five fcet Lot S190 and the north five feet Lot 5191
g) the south five feet Lot 5198 and the north five feet Lot 8199
h) the east five feet Lot SD17 and the west five feet Lot 8D16
i) the south 10 feet Lots 373, S74, 575
j) the south 10 feet Lot 8D38
k) the east five feet Lot SDIOO and the west five feet Lot SD99
1) the east fiVe) feet Lot 8D91 and [-:he west five feet Lot 81)90
m) the north 10 feet Lot 5D84
n) temporary 60' radius turning circles at:
(i)
(j i)
(iii)
sout:herly l:cnninus of Phoenix Drive
northerly terminus of Granville Avenue
northerly terminus of Inglis Avenue
THIS SCHEDULE is Schpdule "E" to t.he agreCm?1t which has been
authorized and approved by By-law No."2('fJ of the Corporation of
the Town of Newcastle, enacted and passed the day of
THE CORPORATION OP THE TmvN OF NEWCASTLE
HJ4-fofl- _
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Clarel J /Jvf!l;-I/11e~ J.//Jfn/;I
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(SI;;AL)
1'10H'T'GAGEE:
(SIAL)
(paqc 1 of 1)
SCHEDULE "F"
...
LANDS AND/OR CASH TO BE DEDICATED
....,
(1) DEDICATION OF LANDS
The owner shall deliver to the Municipality in a form satis-
factory to the Municipality deeds to the following land:
(a) Blocks P,G, H&1 for park purposes
(b) Blocks Dn, Hll, loL, PP, HR, 1'1' & VV for road wic1enings
(c) Blocks A1\, 13B, CC, EE, FP, GG, II, ,J.J, I<K, MM, NN, 00,_
QQ, 5S & UU for l' - reserves
ANn/on
(2) Cl\SH IN LIEU OF LANDS
The owner shall pay to the Municipality, in lieu of
cation by the Owner to the Municipality of lands in
of five percent (5%) of the said lands, cash in the
($
-the dedi~,
the amount
amount of
) .
THIS SCHEDULE is Schedule "p" to the ag ee~nL which has been
a uthorized and approved by By-law No(J , \ of the Corporation of
the Town of Newcastle, enacted and pals ed the t tt, day of'-~-LL/l/'-
1979. /
...
C! 'rei };;uerf/lledt-ftr77ife8
~
THE CORPORATION OF THE TOWN OF NE'V".JCl\STLE
~~/ Iflf~dlv ..
~. ~~~~~~
tI .
~~~ii'JJ~?S ~/m/!e/
p~
~ (SEAIJ)
MORTGAGEE:
(SEAL)
(Page 1 of 1)
."
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SCHEDULE "G~'
. 1.
t"-
STORM SEWER SYSTEM
.
..,
The Owner ~hall con~truct, in~tall, ~upervi~e and maintain
a complete ~torm drainage ~y~tem, for the removal of up~tream
storm water and storm water originating within the ~aid lands,
including storm sewer mains, manholes, service connections,
catchbasins and leads, open channels, storm outfalls and any
other appurtenances as may be required in accordance with the
Town of Newcastle's Design Criteria and Standard Drawings.
The ewner agrees to produce Engineering Drawings for the storm
drainage system, to the satisfaction of the Director of Public
Works.
The Owners shall use their best efforts to obtain easements,
external to the said lands, at no expense to the Municipality,
for the disposal of storm water from the said lands.
2. ROADWAYS
The Owner shall construct and install the following services
on the various streets, shown on the Plan as follows:-
(a) widths to be applied to the following streets:-
(i) 32 feet - SANDRINGHAM DRIVE
CLARET ROAD
(ii) all other roads shall be local roadways with a width of
28 feet.
(b) The grading and paving of all streets, including the
installation of Granular "A" and Granular "B" material
to provide a proper base for paving, shall be as per the
Town of Newcastle Design Criteria & Standard Drawings.
(c) The Owner shall construct curbs and gutters on both sides
of all streets, as per the Town of Newcastle's Design
Criteria and Standard Drawings.
(d) The Owner shall construct, install and maintain complete
sidewalks in accordance with the Town of Newc~stle's
Design Criteria and Standard Drawings, on the following
locations:-
WINDHAM CRESCENT
YORKVILLE COURT
SANDRINGHAM DRIVE
YORKVILLE DRIVE
CLARET ROAD
BEECHNUT CRESCENT
GRANVILLE AVENUE
HILLHURST CRESCENT
PARKLAWN DRIVE
STIRLING AVENUE
STRATHALLAN 'DRIVE
STEPHEN DRIVE
LYNDALE CRESCENT
BUSHFORD .STREET
INGLIS AVENUE
PHOENIX DRIVE
STUART DRIVE
both sides
inside of crescent
both sides
both sides
both sides
outside boulevard
east side
outside boulevard
both ,sides
north and east sides
both sides
west and 'south sides
outside boulevard
wes t side.
west side
both sides
both sides
, (e) The Owner agrees to the grading and paving of all driveways
between the curbs and sidewalks, in &ccordance with the
Town of Newcastle's Design C~iteria and Standard Drawings.
In areas where there are no aidewalks, driveways ~ill be
paved to the property line. '
(f) The Owner agrees to construct, install and maintain
Street Lighting, in accordance with the town's spec-
ifications, on all streets and walkways, to the sat-
isfaction of the Director of Public Works.
-2-
, ,
---(g) The Owner agrees to the topsoiling and sodding of the
boulevards between the curbs and the property line, as
'according to the Town of Newcastle's Design Criteria and
to the satisfaction of the Director of Public Works.
(h) The Owner agrees to supply,iRstall and maintain traffic
signs and permanent street~name signs, in accordance with
the Town's Design Criteria and Standard Drawings arid to the
satisfaction of the Director of Public Works.
(i) The Owner shall provide, plant and maintain, under the
supervision of a qualified nurseryman or horticulturist
(and guarantee for one year from date of planting) one
tree on each lot, as per the Landscaping Plan and in
accordance with the Town of Newcastle's Design Criteria
and as approved by the Director of Public Works. Trees
to be Crimson King Maple and Norway Maple, 6 ft. to 8 ft.
in height and one-inch caliper, staked and bagged if
necessary.
3. PEDESTRIAN WALKWAYS:
The Owner agrees to construct, install and maintain
complete pedestrian walkways, including all appurt-
enant fencing and lighting, in accordance with the Town's
Design Criteria and Standard Drawings, and as per the
Engineering Drawings approved by the Director of Public
Works.
4. TEMPORARY TURNING CIRCLES:
The Owner shall provide and grant to the Town any temporary
easements as are required by the ~own's Standard Drawings,
and construct and maintain such turning circles in accordance
with the Town's Design Criteria and Standard Drawings, approved
by the Director of Public Works.
If temporary turning circles are not provided, dead-end barricades
are to be erected.
5. CONSERVATION WORKS:
In addition to the work required by the Schedule "Q". The
Owner shall construct, install and maintain certain
conservation works within this Plan, such as retaining
walls, drainage channels and watercourse channelization works,
including all appurtenant fences and all other apparatus,
in accordance with the Engineering Drawings approved by the
Director of Public Works.
6. LOT GRADING:
The Owner agrees to rough-grade all blocks and parks, according
to the Tree Preservation Plan and the Lot Grading Plan, to the
satisfaction of the Director of Public Works.
7. FENCING:
The Owner agrees to supply, erect and ~aintain fencing in accordance
with the Town's Design Criteria and Standard Drawings,' and as per
the Engineeri~g Drawings approved by th_e Director of Public Works.
The following locations for fencing are required:-
(a) 6-foot fence along the rear and f1ankage of Lots:
S86 to S90 (inclusive, S75 to S85 (inclusive) and
SD 24 - SD 30 (inclusive).
(b) 4-foot fence ~longthe rear and/or flankage of Lots:
ST40 - ST48 (inclusive), S~13 to SD23 (inclusive),
SD52 to SD57 (inclusive) and LI00 to 107 (inclusive).
-3-
..
, "
-~-- ~""',,-
FENCING CON'T
~,
'!"
'( c)
4-foot fence along the rear and/or fr6ntage of Lots
S100, S103 to S121 (inclusive) S126 and along the
flankage of Block HH.
(d) 4-foot fence from Claret Road, southerly, along the
rear and/or flankage of Lots 8182, 8187 to 8199 (inclusive)
and L25.
(e) 4-foot fence along the following Blocks:
" S S ", "MM". "VV", "G G" .
8. EXTERNAL WORKS:
The Owner agrees to pay one-half of the reconstruction of
Trull's Road abutting his lands. The reconstruction program
will include:
(a) i)
ii)
iii)
iv)
v)
vi)
vii)
Storm sewer system and all appurtenances.
Installation of Granular "A" and "B" and
paving to a pavement width of 32 feet.
Curb and Gutters and Sidewalks.
Sodding of boulevards.
Paving of driveway approaches
Street lighting.
Any regional work required.
All work to be completed to the Town of Newcastle's Design Criteria
and Standard Drawings and as per the Engineering Drawings approved
by the Director of Public Works,
(b) Upon title to that portion of Sandringham Drive being
vested in the Municipality the owner shall construct
Sandringham Drive from Highway #2 through the
subdivision to terminate at Trull's Road as a 32 foot
road on a 66 foot road allowance.
(c) The Owner agrees to supply and erect screen planting to
the satisfaction of the Director of Public Works, in the
following locations. (The trees are to be spaced at
10 foot intervals):-
(a)
MOUNTAIN ASH
6-8 ft. minimum
Staked and bagged if necessary.
Along the rear and/or flankage of Lots 8D80,
81, S287, 288 S303 to S31l (inclusive), S100,
S103 to S121 (inclusive), S126, S182, S187 to
S199 (inclusive), L. 25.
(b) MOUNTAIN ASH and CRIMSON KING MAPLES with 5 ft.
CEDAR shrubs between the 10 ft. intervals.
Trees to be a minimum size of 10 feet, with
two-inch caliper. On the following B1ocks:-
" AA", "8 B " ," C C" .
All trees are to be pJanted under the supervision
of a qualified nurseryman and are to be -guaranteed
for one year.
THIS IS SCHEDULE "G" to tt;? agreement which has been
approved by By-law Ncf'Jf.f)" of the Corporation of j:he
enacted and passed the C~ day of AI.L ~ ' -197?'
authorized and
Town of Newcastle
SIGNED, SEALED & DELIVERED
In the Presence of:
) THE CORPORATION
NEWCASTLE,
Per:
Clerk
)
Mayor
)
-4-
~.._S.Cl! EDULE .'. G"
'1
).
...
) CLARET INVESTMENTS LIMITED,
) pe~~
)
)
REXGATE HOLDINGS LIMITED,
Per:
)
)
)
~
Minnie Mary Phair
)
James Milgate
)
Roy F. Johnson
)
Merelda B. Johnson
)
Reinhold Litz, Sr.
)
Reinhold Litz, Jr.
)
John Kastel
)
Mary Kastel
)
John Kuyer
)
Elizabeth Kuyer
) FLECHERDON INVESTMENTS LIMITED,
Per:
)
)
. ,
~rL..u\.-'~-
.
" .
UTILITIES REQUIRED
. (1) ELECTRICAL SUPPLY SYSTEM
The Owner shall arrange with the Orono Public Utilities
Commission, Newcastle Public Utilities Commission,
Bowmanville Public Utilities Commission and/or Ontario
Hydro Electric Pow~r Commission, for the design, provision
and installation of an electrical supply system to serve
the lands, in the locations as approved by the Director.
All electrical services are to be installed underground.
The Owner shall also make any necessary arrangements
with any T.V. Cable Company in order that the installation
of any such system shall take place so far as possible
contemporaneously with the installation of other services
so as to cause minimum disruption of municipal services.
(2) STREET LIGHTING SYSTEM
The Owner shall arrange with the Orono Public Utilities
Commission, Newcastle Public Utilities Commission,
Bowmanville Public Utilities Commission and/or Ontario
Hydro Electric Power Commission for the design, provision
and installation of a complete street lighting system to
serve the said Lands on behalf of the Municipality in whose
ownership the system shall vest upon completion including
all appurtenant apparatus and equipment, in the locations
as approved by the Director. The Owner shall furnish
written evidence satisfactory to the Director that such
arrangements have been made prior to the issuance of any
Authorization to Commence Works.
(3) TELEPHONE SYSTEM
The Owner shall arrange with the Community Telephone Limited
and/or Bell Canada for the design, provision and installation
of a telephone system to serve the said Lands, as approved
by the Director. All telephone services are to be installed
underground.
(4) GAS SUPPLY SYSTEM
The Owner shall arrange with Consumer's Gas Company Limited
for the design, provision and installation of a complete
gas supply system to serve the said Lands, including gas
mains, and all appurtenant manholes, laterals, service
connections, apparatus and equipment in the locations as
ap~roved by the Pirector.
(5) CABLE TELEVISION
The Ownei shall arrange with the table Television Company
having authority to provide its services within the area of
the PIaU of Subdivision for the design, provision and
installation of a complete cable television distribution
system to serve the said Lands. All cable television services
are to be installed underground.
THIS SCHEDULE is Schedule "HI! to- the Agreement which has
, ,
~
'\
been au"t hor hed and approve d by By -1 aw No.7 q. f <f the
- Corporatiort of the Town of Newcas~le,enacted and passed the
1 ~ C1. day 0 f .;:z-u..-y ,197 .:f'.
SIGNED, SEALED & DELIVERED)
In the presence of:
THE CORPORATION OF THE TOWN OF
) ~~~:AST?_ _ ~
~~,~,
i:~.
/ Cl erk _-/,.----/
CLARET INVESTMENTS LIMITED,'
; Per: ~~
)
.-------
)
)
)
) REXGATE HOLDINGS LIMITED,
) Per: J ~
) ~~
)
) Minnie Mary Phair
)
)
James Milgate
) Roy F. Johnson
)
)
Merelda B. Johnson
) Reinhold Litz, Sr.
)
)
Reinhold Litz, Jr.
) ,John Kastel
)
)
Mary Kastel
) John Kuyer
)
)
Elizabeth Kuyer
FLECHERDON INVESTMENTS LIMITED,
)' Per:
)
)
\
...
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"
DUTIES OF OWNER'S ENGINEERS
(1) DESIGN MORKS AND PRIVATE WORKS
The Owner's Engineers shall design all the Works.
PREPARE DRAWINGS, PLANS AND DOCUMENTS
The Owner's Engineers shall prepare the following for the
approval of the Director:
(a) the Engineering Drawings;
(b) the Grading and Drainage Plan;
(c) the Landscaping Plan;
(d) the Schedule of Work;
(e) the Staging Plan;
(f) the Works Cost Estimate; and
(g) the Stage Cost Estimate.
The approval of th~ Director shall not absolve the Owner or
the Owner's Engineer of the responsibility for any errors
o~ omissions in the above drawings, Plans or documents.
(2) REPRESENT OWNER AND OBTAIN APPROVALS
The Owner's Engineer shall act as the Owner's representative
in all matters pertaining to the construction and installation
of the Works and shall co-operate"with the Municipality to
obtain the necessary approvals for construction and install-
ation.
(3) PROVIDE RESIDENT SUPERVISION
T'he Owner's Engineer shall provide fully qualified supervisory
layout and inspection staff to provide continuous service
during all phases of the construction and installation of the
Works and the Private Works and to perform the following:
(a) provide. field layout including the provision of line
and grade to the contractors and, where required,
restaking; and
(b) inspect the construction and installation to ensure that
all work is being performed in accordance with the
contract documents; and
(c) arrange for or carry out all necessary field testing
of materials and equipment installed or proposed to be
installed at the request of the Director; and
(d) provide co-ordination and scheduling of the construction
and installation in accordance with the timing provision
contained herein and the requirements of the Director; and
(e) investigate and report to the Director any unusual
circumstances which may ariseauring the construction
and installation; and
(~) obtain field information, during and upon completion of
the construction and installatibn, required to modify the
Engineering Drawings to produce the As-constructed drawings.
(4) MAINTAIN RECORDS
The Owner's Engineer sball maintain all records pertaining to
the construction and installa~ion.
(S) PROVIDE PROGRESS REPORTS
The Owner's Engineer shall provide the Director with reports
,.
on the progress of the construction and installation on a
m6nthly basis, or at such other in~erval as approved by the
Director.
-...,
.
...
, --
(6) PREPARE AS-CONSTRUCTED DRAWINGS
,
The Owner's Engineer shall prepare the As-constructed Draw-
ings for the approval of the Director.
THIS SCHEDULE is Schedule "I" to the Agree!p-ent which has been
authorized and approved by By-law NO'7t.r)~ of the Corporation
of the Town of Newcastle, enacted and passed on the ~Q
day of ~\'<"Y , 197R'.
SIGNED, SEALED & DELIVERED)
In the presence of:
THE CORPORATION OF THE TOWN OF
NEW~ASTL .
) Per: d:../ d
, ~~...
) Mayor
)
)
CLAR
) Per:
......~
Cle~ /
I NV~N ;;-~'IM I T ED,
~
)
)
) REXGATE HOLDINGS LIMITED,
) Per: .J ~
~~
)
)
) }1innie Mary Phair
)
James Milgate
)
) Roy F. Johnson
)
Merelda B, Johnson
)
) Reinhold Litz, Sr.
)
Reinhold Litz, Jr.
)
) John Kastel
)
Mary Kastel
)
) John Kuyer
)
)
Elizabeth Kuyer
FLECHERDON INVESTMENTS LIMITED,
) Per:
)
")
....
\.
..
COURTICE HEIGHTS DEVELOPMENT
No. l8T - 76027
Schedule "J"
ESTIMATED COST OF WORKS:
STAGE I
STORM SEWERS (including pipes, manholes, catchbasins and
connections, headwalls and appurtenances)
ROADS
(including fine grading, Granular bases,
asphalting, curbs and gutters, sodding and
boulevards)
ROUGH GRADING
SIDEWALKS
CHAIN LINK FENCING
UNDERGROUND HYDRO DISTRIBUTION SYSTEM
ENGINEERING & CONTINGENCIES
Total Estimated Cost of Services Stage I
STAGE II
STORM SEWERS (including pipes, manholes, catchbasins and
connections, headwalls and appurtenances)
ROADS
(including fine grading, Granular bases,
asphalting, curbs and gutters, sodding and
boulevards)
ROUGH GRADING
SIDEWALKS
CHAIN LINK FENCING
UNDERGROUND HYDRO DISTRIBUTION SYSTEM
ENGINEERING & CONTINGENCIES
Total Estimated Cost of Services Stage II
$ 862,000.00
$ 712,900.00
$ 100,000.00
$ 77,000.00
$ 16,900.00
$ 326,000.00
$ 314,200.00
$2,409,000.00
$ 131,000.00
$ 196,900.00
$ 50,000.00
$ 22,900.00
$ 6,500.00
$ 128,200.00
$ 80,300.00
$ 615,800.00
. ,
SCHEDULE "J"
STAGE III
STORM SEWERS (including pipes, manholes, catchbasins and
connections, headwalls and appurtenances)
ROADS
(including fine grading, Granular bases,
asphalting, curbs and gutters, sodding and
boulevards)
ROUGH GRADING
SIDEWALKS
CHAIN LINK FENCING
UNDERGROUND HYDRO DISTRIBUTION SYSTEM
ENGINEERING & CONTINGENCIES
Total Estimated Cost of Services Stage III
STAGE IV
STORM SEWERS (including pipes, manholes, catchbasins and
connections, headwal1s and appurtenances)
ROADS
(including fine grading, Granular bases,
aspha1ting, curbs and gutters, sodding and
boulevards)
ROUGH GRADING
SIDEWALKS
CHAIN LINK FENCING
UNDERGROUND HYDRO DISTRIBUTION SYSTEM
ENGINEERING & CONTINGENCIES
Total Estimated Cost of Services Stage IV
Total Estimated Cost of Services all Stages
.
$ 256,000.00
$ 238,800.00
$ 30,000.00
$ 31,000.00
$ 13,000.00
$ 130,000.00
$ 104,900.00
$ 803,700.00
$
89,200.00
$ 159,700.00
$ 20,000.00
$ 22,600.00
$ 6,500.00
$ 98,000.00
$ 59,500.00
$ 455,500.00
$4,284,000.00
;-' ". ~
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SCHEDULE "J"
The Performance Guarantee has been based on Preliminary
Estimates only and, when the final Engineering Drawings have been
approved by the Director of Public Works, a revised Cost Estimate of
the Works, Underground Hydro, Engineering and Contingencies shall be
prepared by the Owner's Engineer and submitted to the Dire~tor of
Public Works for his approval, This revised Cost Estimate shall be
used as a basis to adjust the Performance Guarantee, if the Estimate
increases or decreases.
This Schedule is Schedule "J" tO~he A reement, which has been auth-
orized and approved by By-Law # . of ~E CORPORATION~TH TOWN
OF NEWCASTLE, enacted and passed this day of
197~, ---
THE CORPORATION OF THE
TOWN OF NEWCASTLE
Mortgagee
Clerk (Seal)
Owners
(Seal)
~~ (Seal)
C~-re/'.LI1Id2.r//7teAl& L J d
/;;n/:rep
SCREDULi:. '"I\."
,
-- "
,
_._~ ~
INSURANCE POLICIES REQUIRED
(1) TYPES 01 COVERAGE REQUIRED'
,
The Owner shall obtain and maintain insurance of the
character commonly referred to as public liability and
property damage with an insurance company approved by
the Municipal Treasurer and duly authorized by law to
underwrite such insurance. Such policy or policies of
insurance shall indemnify the Municipality against all
damages or claims for damages for:
".
(a) any loss or damage that shall or may happen to any
of the Works or any of the Utilities or to any part
or parts thereof respectively; and
(b) any loss or damage that shall or may happen to any
of the materials or any of the equipment or any other
things used to construct or install any of the Works
or any of the Utilities or any part or parts thereof
respectively; and
(c) any injury to any person or persons including work-
men employed on the said Lands and the public; and
(d) any loss or damage that shall or may result from the
storage, use or handling of explosives; and
(e) any loss or damage that shall or may result from the
drainage of surface waters on or from the said Lands;
and
(f) any loss or damage that shall or may result from the
disposal of effluent from any sewage disposal works;
and
(g) any loss or damage that shall or may happen to any
public road or to any other property of the Municipality
or to the property of any other person either directly
or indirectly by reason of the Owner undertaking the
development of the said Lands together with any or all
of the Works and Utilities pertaining thereto;,
(2) AMOUNTS OF COVERAGE REQUIRED
Policy or policies of insurance shall be issued jointly
in the names of the Owner and the Municipality and shall
provide the following minimum coverages:
(a) $500,000.00 for loss or damage resulting from bodily
injury to, or death of, anyone person; and
(b) $1,000,000,00 for loss or damage resulting from
bodily injury to, or death of, two or more persons
arising out of the same accident; and
(c) $500,000.00 for anyone occurrence of property damage.
The issuance of such policy or policies of insurance
shall not be construed to relieve the Owner from
responsibility for other or larger claims for which
it may be,he1d responsible. .
\ .
t ___~ '~~ -
, ,
"
~,
,
- 2 --
(3) E'XEMPTI-ON OF COVERAGE PROHIBI,TED
The policy or policies of insurance shall contain no cover-
age exemptions or limitations for:
(a) any shoring, underpinning, raising or demolition of any
building or structure; or
(b) any pile driving or caisson work; or
(c) any collapse or subsidence of any building,
structure or land from any cause; or
(d) any storage, handling or use of explosives,
THIS SCHEDULE is Schedule "K" to the Agrer;rm t which has been
aut hor iz ed and a pproved by By-l aw NO'7 {,of the Corpor a t ion
of the Town of Newcastle, enacted and pa sed this ~LA
day of N v-',y ,197?
SIGNED, SEALED & DELIVERED) THE CORPORATION OF THE TOWN OF
In the presence of' ) ~:~4-~...
). Mayor
)
)
---
CLARET INV
) Per:
LIMITED,
~
)
)
) REX GATE HOLDINGS LIMITED,
Per: ~ J L-
) .,J~
?/
) ~~
)
) Minnie Mary Phair
)
)
James Milgate
) Roy F. Johnson
)
)
Merelda B. Johnson
) Reinhold Litz, Sr.
)
r
Reinhold Litz, Jr.
) . John Kastel
)
)
}Jary Kastel
) John Kuyer
- )
Elizabeth Kuyer
)
FLECHERDON INVESTMENTS LIMITED,
) Per:
)
)
--------------'.---.-
SCHEDULE "L"
~ .
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REGULATIONS FOR CONSTRUCTION
. .
.~ ~ ,(I) REQUIREMENTS FOR BLASTING
The Owner shall, prior to commencing any blasting, obtain
from the Director, permission to carry out the blasting
operation.
(2) REMOVAL OF TOP SOIL
The Owner shall not remove any top soil from the said Lands
except for construction purposes and such top soil must re-
main within the limits of the said Lands.
(3) DUMPING OF FILL OR DEBRIS
The Owner agrees to neither dump, or permit to be dumped,
any fill or debris on, nor to remove, or permit to be re-
moved any fill from any lands to be dedicated to the Munic-
ipality other than the roads within the limits of the said
Lands, without the written consent of the Director.
(4) DISPOSAL OF CONSTRUCTION GARBAGE
All construction garbage and debris from the said Lands must
be disposed of in an orderly and sanitary fashion in a dumping
area off the said Lands provided by the Owner and approved by
the Director. The Municipality shall not be responsible for
the removal or disposal of garbage and debris, The Owner
agrees to deliver a copy of this Clause to each and every
builder obtaining a building permit for any part of the said
Lands.
(5) QUALITATIVE AND QUANTITATIVE TESTS
The Owner agrees that the Municipality may have qualitative
or ~uantitative tests made of any materials or equipment
installed or proposed to be installed. The costs of such
tests shall be paid by the Owner.
(6) MAINTENANCE, CLOSING AND USE OF EXTERNAL ROADS
The Owner shall, at ,all times during the life of this Agree-
mentensure that all public roads abutting the said Lands
and all public roads used for access to the said Lands, during
any construction on the said Lands, shall be maintained in a
condition equal to that now existing and to the approval of
the Director. The Owner shall maintain, at all times, all
such roads free of dust and mud originating from the lands
during the course of construction. If damaged, the Owner
agrees to restore immediately, and at its expense, such road
to ,a condition equal to that existing at the time of such
da~age and to the approval of the Director. No public road
outside the' limits of the said Lands shall be closed without
the prior written approval of-the authority having jurisdiction
over such public road. The Owner agrees not to ,use or occuPY
any untravelled portion of any public road allowance without
the prior written approval of the authority having jurisd~ction
over su.ch public. road allowance.
SCHEDl1LE "L"
---,. .... -
(7) }~AINTENANCE OF ,INTERNAL ROADS
...........
The O~ner shall, prior to the placement of the final
surface treatment on any road required to be constructed
under this Agreement, remoye any contamination of the
base course and repair and replace such base course,
where necessary, to the approval of the Director, in order
that the construction of such road shall not have suffered
due to any use of the base course as a temporary road.
(8) WEED AND RAT CONTROL
After the commencement of construction the Owner shall
institute upon the Lands a programme of ~eed and rat
control to the satisfaction of the Director.
THIS SCHEDULE is Schedule "L" to the Agre~nt ~hich has been
authorized and approved by By-law No.7f.(\ of The Corporation
of the To~n of Ne~castle, enacted and passed on the ~ ~ day
of -;::t"v-ly '07~
SIGNED, SEALED & DELIVERED) THE CORPORATION OF THE TOWN OF
In the presence of: NE~WCASTLE
) Per: ~ /' /
. ~~.~,
) Mayor
CLARE
) Per:
LIMITED,
)
)
..--:;r-
~
)
)
) REXGATE HOLDINGS LIMITED,
Per:
)
)
)~,
~
)
) Minnie Mary Phair
)
James Milgate
)
) Roy F. Johnson
)
Merelda B. Johnson
)
) Reinhold Litz, Sr.
)
Reinhold Litz, Jr.
)
) John Kastel
)
Mary Kastel
)
-) John Kuyer
)
Elizabeth Kuyer
)
FLECHERDON INVESTMENTS LIMITED,
) Per:
)
.
___-4,',4 -
.
USE OF SAID LANDS
,
~ · '- 'f
the Owner agrees that the said lands shall not be used for
any purpose other than as set out in the following table:
LOT OR BLOCK NUMBER
LAND USE
ALL
In accordance with provisions
of Restricted Area By-law No.
77-13
THIS SCHEDULE IS Schedule "M" to the agre~ent which has been
au thor i zed and a ppr oved by By-law NO:J ~.),\ 0 f the Cor-e....ora t ion
of the Town of Newcastle, enacted and passed the C ~
day of 'C='''^- Y , 1976"'.
SIGNED, SEALED & DELIVERED) THE CORPORATION OF THE TOWN OF
In the presence of: ) ;;~~A~T~_
~~..
) Mayor
)
)
CLARET INVES
) Per:
~
)
)
) REXGATE HOLDINGS LIMITED,
Per:
) J~
) ~~
)
) Hinnie Hary Phair
)
James Milgate
)
) Roy F. Johnson
)
Herelda B, Johnson
)
) Reinhold Litz, Sr.
)
.Reinho1d Litz, Jr.
)
) John Kastel
)
Ma'ry Kastel
)
-
) John Kuyer
)
)
Elizabeth Kuyer
FLECHERDON INVESTMENTS LIMITED,
) Per:
\
.
.,
.. ....:: -
SCHEDULE "N" -
LANDS UNSUITABLE FOR BUILDING
The Owner agrees that no application will be made for a Building Permit
for the erection of any structure on any of the said lands listed in the
following table, until the conditions listed in the following table have
been satisfied to the approval of the Director of Public Works and/or
any other Authorities having jurisdiction.
Lot or Block Number
Conditions to be satisfied
Blocks "A","B","C",
"D","J","K".
Approval of Site Plan or Subdivision
Plan for adjacent lands.
SIGNED, SEALED & DELIVERED
In the presence of:
)
)
) CLARET
) Per:
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
...----'
~
REXGATE HOLDINGS LIMITED,
pe)~
~~
Minnie Mary Phair
James Milgate
Roy F. Johnson
Merelda B. Johnson
Reinhold Litz, Sr.,
Reinhold Litz, Jr.
John Kastel
Mary KasteL
John Kuyer
Elizabeth Kuyer '
-2-
.
SCHEDULE "N"
, LANDS 'UNSUITABLE FOR
----' -~ -
BUILDING
, ,
..
FLECHERDON INVESTMENTS LIMITED,
Per:
)
)
.,
LAN D S RJ:_O lJ I R lli~__~_lT E P LM
,,- The Owner -agrees that no application will be made for a build-
ing permit for th~ erection of any structure on any of the lands
",I listed in the following table until a site plan agreement has
been entered into with the Municipality and the building permit
complies in all respects with the terms of the site plan agree-
men t,
LOT OR BLOCK NUMBER
AS :PROVIDED IN SCHEDULE "Q"
THIS SCHEDULE is Schedule "O"to the Agreeo/nt which has been
authorized and approved by By-law NO'7f'r~f the Corpo~ation
of the Town of Newcastle, enacted and passed 'on the ~~ day
of du. Jr ,197.i .
SIGNED, SEALED & DELIVERED ) THE C'ORPORATION OF THE TOWN OF
In the presence of, NEW~AS~L
) per~~~,...
~ z:~/
) ~~ lerk
CLARE~NVES MENTS LIMITED,
) Per:
)
)
~-
) REXGATE HOLDINGS LIMITED,
) Pe" L ~
) ~~
)
) Minnie Mary Phair
)
)
James Milgate
) Roy F. Johnson
)
)
Merelda B. Johnson
) Re~nhold Litz, Sr.
)
)
Reinhold Litz, Jr.
) John Kastel
)
)
Mary Kastel
) John Kuyer
)
)
Elizabeth Kuyer
FLECHERDON INVESTMENTS LIMITED,
) Per:
'.
,,,........,,
,
~.. -
SCHEDl1LE
" p,"-
OVERSIZED AND/OR EXTERNAL SERVICES AND THE REIMBURSEMENT FOR THE
OVERSIZED AND/OR EXTERNAL SERVICES
1. EXTERNAL ROAD SYSTEMS:
(a) Trull's Road South.
(i) From Highway #2 to north limit of
the Subdivision (Urban Section).
1,120 ft. long.
TOTAL ESTIMATED COST
Town Share
Developer's Share
146,720.00
146,720.00
- nil -
(ii)From north limit of
Subdivision to Sandringham Drive
(Urban Section) 720 ft. long
TOTAL ESTIMATED COST 94,320.00
Town Share (160 ft) 57,640.00
Developer's Share (560 ft.)36,680.00
(iii)From Sandringham Drive to south limit
of Subdivision (Urban Section)
1,300 ft. long. TOTAL ESTIMATED COST
Town Share (430 ft.)
Developer's Share (870
COST OF CONSTRUCTION
TOWN SHARE
DEVELOPER'S SHARE
Engineering &
Contingencies
TOTAL COST
Town Share
Developer's Share
Therefore,..
170,300.00
113,315.00
ft) 56,985,00
411,340.00
317,675.00
93,665.00
61,700.00
47,650.00
14,050.00
TOTAL ESTIMATED COST OF CONSTRUCTION 473,040.00
TOTAL ESTIMATED TOWN SHARE
TOTAL ESTIMATED DEVELOPER'S SHARE
(b) Prestonvale Road South
(i) From Highway #2 to the north projection
of the Subdivision (Urban Section)
900 ft. long.
TOTAL ESTIMATED COST
Town Share
Developer's Share
(ii) From the-north projection of the Subdivision
to Claret Road (Urban Section)
920 ft. long.
365,325.00
107,715.00
117,900.00
117,900.00
- nil -
,TOTAL ESTIMATED COST 120,520.00
Town Share (300 ft.) 79,910.00
Developer's Share (620 ft.)40,610,OO
SCHEDULE "p"
-2-
---: 't -
4 .
~
.. .t....
(iii) From Claret Road to south limit of Subdivision
,
(Urban Section).
840 ft. long
.
TOTAL ESTIMATED COST
Town Share
Developer's Share
110,040.00
110,040.00
- nil -
COST OF CONSTRUCTION
348,460.00
TOWN SHARE
307,850.00
DEVELOPER'S SHARE
40,610.00
Engineering &
Contingencies
TOTAL COST
Town Share
Developer's Share
52,269.00
46,177.00
6,092.00
Therefore,..
TOTAL ESTIMATED COST OF CONSTRUCTION 400,729.00
TOTAL ESTIMATED TOWN SHARE
354,027.00
TOTAL DEVELOPER'S SHARE
46,702.00
The above figures are extremely preliminary costs based on data
received from the Owner's Engineer, These estimated costs will be
required to be updated and revised when the final Engineering Drawings
have been approved by the Director of Public Works. Therefore any
financial commitments by the Owner, in payment to the Town for
his share of the External Roads, shall be updated when the final
Engineering Drawings have been approved and the Cost Estimates
revised and also approved by the Director of Public Works.
There shall be no reimbursement by the Municipality to the Owner
for improvements to the external roads.
2. STORM SEWERS:
In accordance with Section 55 of the Agreement and Schedule
"G" (1) of the Subdivision Agreement, hereto attached, the
Town agrees to reimburse the Owner for all excess capacity
required for External Drainage areas through the said lands.
All calculations will be completed by the Owner's Engineer
and approved by the Director of Public Works, and the costs
of such oversized service shall be determined upon final
approval of the Engineering Drawings by the Director.
The Estimated Cost of this Oversizing is ....
200,000.00
THIS -IS SCHEDULE "p" to the Agreement w~9 has been
authorized and approved by By-law NO~~.lJ of the Corporation
of the Town of Ne:wcastle, enacted and passed this r: ~ day
of ::::C--l.(,. '/ 197 f' '
SIGNED, SEALED & DELIVERED
in the presence of: ) THE CORPORATION OF THE TOWN OF
NEWCASTLE,
~-L~/--/
Mayor: ;1-
) , ~~'--
Clerk c/-- < --~
) CLARET INVESTMENTS LIMITED,
Per:
) ~--
)
-3-
"
,
S CHEDU,LE "p"
.~ \. -
~
..'\
~-
) REXGATE HOLDINGS LIMITED
) Per:
) )~
) ~l~
)
Minnie Mary Phair
)
James Milgate
)
Roy F. Johnson
)
Merelda B. Johnson
)
Reinhold Litz, Sr.
)
Reinhold Litz, Jr.
)
John Kastel
)
Mary Kastel
)
John Kuyer
)
Elizabeth Kuyer
) FLECHERDON INVESTMENTS LIMITED
Per:
)
)
,}
...
,
. -
,-
...
...
~'-
;. ,
~
SCHEDULE "Q"
CENTRAL LAKE ONTARIO CONSERVATION
AUTHORITY'S WORKS
1. The Owner agrees that prior to the initiation of any
construction and/or grading on the site including
the rough grading of roads, and prior to the issuance
of the required permits, the Owner shall rough stake
the site in accordance with The Central Lake Ontario
Conservation Authority requirements, and make the
necessary arrangements to affect a tree conservation
plan as specified by that agency.
2. The Owner agrees that in the event that Blocks H,
G, I, or the open-space portion of Block A, remain in
private ownership, the Owner shall in each deed con-
veying Block H, G, I, or the open-space portion of
Block A, as per draft plan dated March 10, 1977, exact
a covenant to run with such lands which shall be bind-
ing upon any purchaser, his heirs, successors and assigns,
requiring that all such subsequent owners maintain the
said lands as they exist and not alter any existing
vegetation.
3. The Owner shall submit to The Central Lake Ontario
Conservation Authority for approval, lot grading plans
for Lots ST 26 to 5T3l, L89 to L82, L81 to L75, SD43
to 5D51, L74 to L67, 5257 to 5245, L57 to L47, S258
to 5277 and SD39, which plans shall ind~cate existing
and final grades; the means whereby storm water will
be conducted from the site; and the vegetation to be
preserved on each lot as specified by The Central Lake
Ontario Conservation Authority.
4. The Owner shall submit to The Central Lake Ontario
Conservation Authority for approval, site plans for the
lots noted in paragraph 3 of this Schedule, and for
Lots LIOO to LI07, SD57 to SD52, SDl3 to SD18, 5D6
to 5D12, S232 to S223, S234 to 5244, L58 to L66, S321
5320, L154 to L148, Ll33 to L128, Ll27 to L124, LI08
LI09, S298~ S297, 5281, ,5282, and 5D42 to SD40, y,lhich
pIa n s ,s hall in d i cat e ex is tin g . a n'd fin a 1 g r a des, the
locations of all buildings and structures, site drain-
age and the vegetation i~ b~ preserved on each lot as
sp~cified by The Central Lake Ontario Cons~rvation
Au ih 0 r i t Y .
.
.
t "
- 2 .:..
-.
4:"
,
5. Prior to the issuance of the Authorization to Commence
Works, the Owner shall prepare detailed engineering,
and drainage plans for the removal of the storm water,
from the lands, including"e,rosion and siltation control,
which plans shall be appr~{ved by The Central Lake
Ontario Conservation Auth~rity and the Ministry of
Natural Resources.
6. The Owner agrees that the works shall be approved by
The Central Lake Ontario Conservation Authority which
will control erosion in the areas where Robinson Creek
passes beneath Stuart Road ~nd Sandrinqham Drive.
7. The Owner agrees not to alter any existing vegetation
in Blocks H, G, I, or the future open-space portion
of Block A as per draft plan dated March 10, 1977,
without the written permission of The Central Lake
Ontario Conservation Authority.
8. The Owner agrees not to alter in any way the
channel of Robinson Creek without the written per-
mission of The Central Lake Ontario Conservation
Authority.
9. The Owner agrees that prior to initiating any
grading or construction on those lots noted in para-
graph 3 and 4 of this Schedule, snow fencing shall
be erected and maintained throughout all phases
of development around the drip line of vegetation
on these lots and around the boundaries of Blocks
H G and I each as requ~redby The Central Lake
,
Ontario Conservation Authority.
10. The Owner agrees that prior to the rough grading
of roads abutting those lots noted in paragraphs
3 and 4 of this Schedule, or Blocks H, G, and I or
A, snow fencing s~all be erected and maintained on
these lots around the drip line of vegetation and
along boundaries of Bl~cks H, G, ,I and A as required
by The Central Lake Ontario Conservation Authority.
11. The Owner agrees to develop Block A only according
to site plans appr~ved by The Central Lake Ontario
Conservation Authority.
.
J
'"
. ~,
,) .
12. -TheOwneragrees.to apply to The Central Lake
Ontario Conservation Authority for permits prior
to'beginning any grading on the site.
~#
.-,
.
THIS SCHEDULE is Schedule "Q" to an Agreeme~ which has been
authorized and approved by By-law No.1f,)r~ of The Corporation
of the Town of Newcastle, enacted and passed on the 6~ day
of ~lI--~' 197f.
SIGNED, SEALED & DELIVERED)
In the presence of:
THE CORPORATION OF THE TOWN OF
NEW.,',C~AA,S S~TL. " _ "
) per~~~~/,..
;;; ~~ ;::::7~
CLARET INVESTMENTS LIMITED,
) Per:
)
)
)
)
)
) REXGATE, HOLDINGS LIMITED,
)per:;l~
) JOA~
)
~
) Minnie Mary Phair
)
James Milgate
)
) Roy F. Johnson
)
Herelda B, Johnson
)
) Reinhold Litz, Sr,
)
Reinhold Litz, Jr.
)
) John Kastel
)
Mary Kastel
)
). John Kuyer
)
)
Elizabeth Kuyer
FLECHERDON INVESTMENTS LIMITED,
) Per:
)
)
'.
. .
'. I"
l." '\
'\. ..,
, .. ,~
\' '
4
SCHEDULE "R"
ADMINISTRATION FEES FOR DEVELOPMENT
Estimated Costs of Works
Engineering Fees
Less than $50,000.00
Actual cost of services
up to a MAXIMUM of
$3,500.00
$50,000.00 to $100,000.00
$3,500,00 or 4% of the
estimated cost of services -
whichever is greater
$100,000.00 to $500,000.00
$4,000,00 or 3.5% of the
estimated cost of services -
whichever is the greater
$500,000.00 to $1,000,000,00
$17,500.00 or 3% of the
estimated cost of services -
whichever is greater
$1,000,000.00 to $2,000,000.00
$30,000,00 or 2.5% of
the estimated cost of
services - whichever is
greater
$2,000,000,00 to $3,000,000.00
$50,000.00 or 2.25% of
the estimated cost of
services -
whichever is greater
$3,000,000,00 to $4,000,000.00
$67,500.00 or 2% of
the estimated co~t of
services -
whichever is greater
For the purposes of this schedule cost estimates as specified
in Schedule "J" for Underground Hydro Distribution System shall
not be included -for the'purposes of calculating administration
fees as contemplated by this schedule,
- 2
(
r
.. .
.. ", " ',.
.~," ... .
"J..,.
~ ,
-
THIS IS SCHEDULE "R" to the Agr..#"'ernent which has been authorized
and a p pro v e d by By - 1 awN 0 '1 ~ . r" 0 f the Cor p 0 rat ion 0 f the
Tow n 0 f New cas tIe, en act e d and pa sse d t his ~ t:l day 0 f
A-.A.\( 197R',
SIGNED, SEALED & DELIVERED)
In the presence of:
THE CORPORATION OF THE TOWN OF
NE,WCAST
) P~r':
)
)
)
CLARE
) Per:
~
)
)
) REXGATE HOLDINGS LIMITED,
Per:
J~
C/
5O'~~
)
)
)
) Minnie Mary Phair
)
James Milgate
)
) Roy F. Johnson
)
Merelda B. Johnson
)
) Reinhold Litz, Sr.
)
Reinhold Litz, Jr.
)
) John Kastel
)
Mary Kastel
)
,) John Kuyer
)
)
Elizabeth Kuyer
FLECHERDON INVESTMENTS LIMITED,
) Per:
)
)
DATED:
BET WEE N:
'''"-
...
THE CORPORATION OF THE TOWN OF
NEWCASTLE
.,
and
CLARET INVESTMENTS LIMITED and
REXGATE HOLDINGS LIMITED
SUBDIVISION AGREEMENT
,
~--....
~\
SIMS MORTON McINERNEY & BRADY,
Barristers and Solicitors,
117 King Street,
Whitby, Ontario
L1N 4Z1
PLAN
PlGstic Material
Gav~e
Proceu
,Ink
LOT
NO.
14
17
18
19
20
21
21
22
23
24
24
25
26
27
36
37
38
40
41
42
43
44 '
45
46
54
55
56
57
58
58
59
60
66
67
68
76
76
77
78
79
86
87
92
BL98
BL99
BLlOI
BLlOI
BLI03
BLI 03
43
76
MATERIAL
- Cronoflu
- O' 004 Inch
- PhotoQrophic
- Special "T"
RADIUS
IN METRES
126.680
18.288
18.288
18.288
18.288
18.288
120.584
120.584
120.584
100.584
120.584
100.584
100.584
100.584
15.240
15.240
I !i. 240
50.480
50.480
50.480
121.920
121.920
30.480
30.480
120.584
120.584
120.584
120.584
100.584
120.584
100.584
100.584
101.920
. 101.920
101.920
188.859
141.920
101.920
101.920
101.920
121.920
121.920
106.680
77.912
121.920
141.920
121.920
106.680
106.980
121,920
101,920
CURVE
DATA
ANGLE
ARC CHORD
IN METRES IN METRES
I 3230
26 36 43
39 25 52
40 14 42
42 56 35
3 22 52
6 08 24
64854
7 08 47
2 08 27
5 32 20
8 42 53
II 41 58
6 07 13
50 31 23
47 57 44
56 50 49
7 05 54
14 06 48
6 57 16
14 21 04
II 1945
18 36 37
9 33 22
2 23 38
65400
7 07 04
7 22 06
3 20 10
4 53 44
8 52 53
15 40 30
I 44 02
8 40 31
10 08 56
9 29 36
6 15 30
8 54 57
8 48 26
4 05 42
o 26 58
7 00 36
6 51 22
13 37 57
13 05 55
007 16
o 08 28
3 31 24
3 21 37
2 23 55
I 19 48
3.409
8.494
12.586
12.846
13.707
1.079
12.922
14.343
15.040
3.758
11.657
15.299
20.539
10.744
13.439
12.757
15.121
6.254
12.434
6.127
30.538
24.107
9.900
5.084
5.038
14.521
14.980
15.507
5.857
10.303
15.592
27.518
3.084
15.432
18.053
31.292
15.502
15.860
15.666
7.284
0.957
14.916
12.766
18.538
27 . 872
0.300
0.300
6.560
6.274
5,104
2,366
-.
-
3.409
8.418
12.339
12.583
13.388
1.079
12.916
14.334
15.031
3.758
11.652
15.284
20.503
10.739
13.007
12.388
14.508
6.250
12.403
6.123
30.458
24.068
9.857
5.078
5.038
14.513
14.971
15.497
5.856
10.300
15.576
27.432
3.084
15.417
18.029
31.256
15.494
15.844
15.651
7.283
0.957
14.907
12.758
18.494
27.812
0.300
0.300
6.559
6.273
5.104
2,366
,'l,.
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{GARLINGTON}
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BLOCK 99
AREA = 2, 3847 ho
-
Q
'"
BEARING
I
\ f). 'N
?v \
\
'v
\
'3
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V
1l
/',,'" ol- ol- .>
/ 4o" "6'~
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I CERTIFY THAT THIS PLAN M - ____IS REGISTERED
IN THE LAND REGISTRY OFFI CE FOR THE LAN D
TITLES DIVISION OF DURHAM (No. 10)
AT _______O'CLOCK ON THE _____ DAY
OF _________, 1981 AND ENTERED IN THE
REGISTER FOR PARCEL ______SECTION _____
AND REQUIRED CONSENTS AND AFFIDAVITS ARE
REGISTERED AS PLAN DOCUMENT No.
LAND REGISTRAR
APPROVED ________
ASST EXAMINER OF SURVEYS,
THIS PLAN COMPRISES PART OF PARCEL 31-1 SECTION 10 - CON, 2
NEWCASTLE ( DARLINGTON)
PLAN OF SUBDIVI SION OF
PART OF LOTS 31 AND 32
CONCESSION 2
TOWN OF NEWCASTLE
(FORMERLY TOWNSHIP OF DARLINGTON)
REGIONAL MUNICIPALITY OF DURHAM
SCALE I: 1000
o
60
.
100m
N I 53 18 E
N 55 53 44 E
N 88 55 02 E
N 51 1442 W
N 9 39 04 W
N 13 30 38 E
N I I 47 36 W
N 5 I 8 57 W
N I 39 53 E
N 9 42 23 E
N 8oo26E
N 4 16 43 E
N 5 55 43 W
NI45018W
N 27 48 55 W
N 21 25 39 E
N 73 49 56 E
N 60 47 55 E
N 7 I 24 16 E
N 81 56 18 E
N 15535W
NI21403W
N 76 06 38 E
N 62 0 I 38 E
N 16 42 07 W
NI20318W
N 5 02 45 W
N 21150E
N 9 06 32 E
N 8 19 45 E
N 2 59 59 E
N 9 16 42 W
N I 47 33 E
N 32444W
N I 2 49 28 W
N 79 36 10 E
N 2 07 12 E
N 0 32 20 W
N 92400W
N 15 51 04 W
N 17 40 27 W
N I 3 56 39 W
N 0 46 08 W
N 47 12 37 W
N 3 53 24 W
N 05606W
N 0 56 20 W
N 5 57 31 W
N 5 53 03 W
N 4 03 00 E
N 4 3~ 10 E
\ \
, '
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,
10
40
80
UI
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BLOCK 98
AREA = I. 9906 ho
c
V'
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(II
U1:
111
CD
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J. D. BARNES LIMITED t Surveyors 1981
METRIC
DISTANCES SHOWN ON THIS PLAN ARE IN METRES AND CAN BE CONVERTED
TO FEET BY DIVIDING BY 0.3048.
OWNER'S CERTIFICATE - PLAN OF SUBDIVISION
THIS IS TO CERTIFY THAT:
J. LOTS I TO 97 BOTH INCLUSIVE, BWeK 98,99 AND 100, THE
STREETS, NAMELY CLARET ROAD, LYN~LE CRESCENT AND SANDRINGHAM
DRIVE AND THE 0.3m RESERVES, NAMELY BLOCKS 101,102 AND 103
HAVE BEEN LAID OUT IN ACCORDANCE WITH OUR INSTRUCTIONS.
2. THE STREETS ARE HEREBY DEDICATED AS PUBLIC HIGHWAYS.
DATED THE ___DAY OF ______,1981.
-.
-
NOTES
BEARINGS HEREON ARE ASTRONOMIC, DERIVED FROM MINISTRY OF
TRANSPORTATION AND COMMUNICATIONS CONTRJL MONUMENTS 730726
AND 730727 AND ARE REFERRED TO THE ONTARIO COORDINATE
SYSTEM, ZONE 10 t CENTRAL MERIDIAN 790 YJ' WEST LONGITUDE,
ARC DISTANCES ARE SHOWN ON CURVE.
. DENOTES SURVEY MONUMENT FOUND
o DENOTES SURVEY MONUMENT PLANTED
S.1.8 DENOTES STANDARD I RON BAR
C. C. DENOTES CUT CROSS
SURVEYOR'S CERTIFICATE
I CERTIFY THAT :
I. THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE
WITH THE SURVEYS ACT AND THE LAND TITLES ACT AND THE
REGULATIONS MADE THEREUNDER.
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2. THE SURVEY WAS COMPLETED ON THE__DAY OF____1981
JU/JE /~ /98/.
DATE
GEORGE P. McFARLANE
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CURVE DATA
LOT RADIUS ANGLE ARC CHORD BEARING
NO, IN FEET 0 IN FEET IN FEET 0
18 60,00 II 55 24 12.49 12,46 N 15 54 2 E
19 60,00 40 28 2$ 42,38 41,51 N 42 5 57 E
20 60,00 36 28 56 38.20 37,56 N 80 34 38 E
21 60,00 37 48 42 39.60 38,88 N 62 16 33 W
22 60,00 35 46 7 37.46 36,85 N 25 29 9\'1
23 60,00 31 4 1 32,53 32,14 N 7 55 55 E
44 4-65,62 3 6 7 25,21 25,21 N 16 22 40 W
45 4-65,62 544 9 46,61 46,59 N II 57 32 W
45 554.00 II 49 34 114,35 114,15 N 78 21 55 E
46 554,00 4 33 0 44,00 43,98 N 70 10 38 E
85 465.62 o 36 19 4,92 4.92 N 18 46 IW
86 465.62 7 o 41 56,98 56.94 N 14 57 31 W
87 465,62 7 o 41 56,98 56,94 N 7 56 50 W
a8 465.62 4 38 I 37,66 37,65 N 2 7 29 W
91 190,00 21 56 14 72,75 72.30 N 10 46 36 W
92 255,62 12 16 27 54,76 54,66 N 34 15 24 \V
93 255,62 12 53 18 57,50 57,38 N 21 40 32 Vi
94 255,62 13 32 54 60,44 60,30 N 8 27 25 W
S5 255,62 I 52 30 8,37 8,36 N o 4443Vi
97 400,00 4 23 43 30,68 30,68 N 2 o 20 W
S8 400,00 8 52 31 61,96 61,90 N 8 38 27 Vi
99 400,00 5 59 28 41,83 41,81 N 16 4 26 Vi
110 50,00 32 15 46 28,16 27,18 N 51 37 40 E
III 50,00 35 12 I 30,72 30,24 N 85 21 33 E
112 50,00 30 55 55 26,99 26,67 N 61 34 29 W
113 50,00 35 12 41 30,73 30,25 N 28 30 II Vi
114 50,00 14 55 34 13,03 12,99 N 3 26 3W
118 619,62 6 57 15 75.21 75,16 N 71 22 45 E
119 619,62 9 29 36 102,66 102,55 N 79 36 10 E
119 465,62 6 15 30 50,86 50.83 N 2 7 12 E
120 334,38 7 48 27 45,57 45,53 N 1 20 44 E
121 334,38 8 28 30 49.46 49,42 N 6 47 45 W
122 334,38 6 51 55 40,07 40,04 N 14 27 58 \Y
130 400,00 o 59 33 6,93 6,93 N 17 24 9\Y
131 400.00 6 28 0 45,15 45,12 N 13 40 22 Vi
132 400,00 II 53 36 83,03 82,88 N I I 58 56 \Y
133 400,00 6 27 8 45.05 45,02 N 2 48 34 \Y
134 400,00 4 49 57 33,74 33,73 N 2 49 59 E
134 165,62 6 57 16 20,10 20,09 N 81 56 18 E
134 400,00 2 23 55 16,75 16,75 N 4 3 o E
143 334. 38 6 I 18 35,14 35,13 N 14 53 16 W
144 334,38 8 40 37 50,64 50,59 N 7 32 18 W
145 334,38 5 51 33 34.20 34,18 N o 16 13 W
149 330,00 10 2 45 57,86 57.79 N 5 20 21 E
150 330,00 o 24 52 2,39 2,39 N 10 34 10 E
150 395,62 6 II 7 42.71 42,69 N 7 41 3 E
151 395,62 6 7 58 42,35 42.33 N I 31 31 E
152 395,62 6 7 58 42,35 42.33 N 4 36 27 Vi
153 395,62 5 27 3 37,64 37,62 N 10 23 58 \Y
154 395,62 4 46 26 32,96 32,95 N 15 30 42 \V
164 100,00 9 6 19 15,89 15,88 N 61 48 7 E
165 100,00 19 3 39 33,27 33,11 N 75 53 7 E
166 400,00 II 19 45 79,09 78,96 N 12 14 3W
167 165,62 12 38 31 36,54 36,47 N72 8 24 E
168 165,62 8 34 II 24,77 24,75 N 61 32 3 E
170 50,00 36 43 31 32,05 31,50 N 83 53 35 E
171 50,00 45 3 45 39,32 38,32 N 42 59 57 E
172 50,00 43 13 6 37,72 36,83 N I 8 28 Vi
173 50,00 30 19 35 26,47 26,16 N 37 54 49 Vi
183 330,00 7 28 22 43,04 43,01 N 14 944W
184 330,00 9 17 17 53,50 53,44 N 5 46 54 Vi
185 330,00 7 49 17 45.05 45,01 N 2 46 23 E
186 330,00 4 5 35 23,58 23,57 N a 43 49 E
186 395.62 '3 9 38 21,82 21,82 N 9 II 47 E
187 395,62 6 12 17 42,84 42,82 N 4 30 50 E
188 395,62 6 47 22 4-6 , 88 46,85 N I 59 OW
BL,a 400.00 13 05 55 91.45 91.25 N 3 53 25 \Y
BL. F 911,93 0 3 54 1.03 1.03 N 57 35 15 E
BL.G 911,93 0 3 50 1.02 1.02 N 61 43 I E
SCHEDULE
OF AREAS:
AREA OF LOTS
AREA OF BLOCKS
AREA OF STREETS
AREA OF STREET WIDENINGS
AREA OF ONE FOOT RESERVES
21.559 ACRES
= 7,527 ACRES
= 8.941 ACRES
0,056 ACRES
= 0,02 I ACRES
TOTAL AREA
38,104 ACRES
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PLAN OF SUBDIVISION OF
PART OF LOTS 31 AND 32
CONCESSION 2
TOWN OF NEWCASTLE
( FORMERLY TOWNSHIP OF DARLINGTON)
REGIONAL MUNICIPALITY OF DURHAM
SCALE :
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EXAMINER OF SURVEYS
PLAN M- _ _ _ _ . REG I STERED - - - - - -
AND ENTERED ON PARCEL
_ _ _ SECT I ON _ _ _ _ _ _
LAND REGISTRAR
CERTIFICATES. CONSENTS AND DEDICATIONS ARE
FILED UNDEF~ NO. - - - - - - .
THIS PLAN COMPRISES PART OF PARCEL 31 - 1 SECTION 10 - CON. 2
NEWCASTLE (DARLINGTON) AND ALL OF PARCEL
SECTION CON. 2 NEWCASTLE (DARLINGTON)
OWNER. S CERTIFICATE - PLAN OF SUBDIVISION
THIS IS TO CERTIFY THAT:
I. LOTS I TO 192 BOTH INCLUSIVE, BLOCKS A TO C, BOTH
INCLUSIVE. STREETS, NAMELY LYNDALE CRESCENT,
SANDRINGHAM DRIVE, STEPHEN AVENUE, STIRLING AVENUE,
STRA THALLAN DRIVE AND STUART ROAD. THE STREET
WIDENINGS. NAMELY BLOCKS D AND E ,AND RESERVES NAMELY BLOCKS
F TO I BOTH INCLUSIVE,HAVE BEEN LAID OUT IN ACCORDANCE WITH
OUR INSTRUCTIONS.
2, THE STREETS AND STREET WIDEN1NGS ARE HEREBY DEDICATED
AS PUBLIC HIGHWAYS.
DATED THE, , , , , , , DAY OF , , , , , , , , , , 19"19,
WITNESS
WITNESS
LEGEND
I, BEARINGS HEREON ARE ASTRONCMIC, DERIVED FROM MINISTRY OF
TRANSPORTATION AND COMMUNICATIONS CONTROL MONUMENTS 730726
AND 730727 AND ARE REFERRED TO THE ONTARIO COORDINATE SYST~
ZONE 10. CENTRAL MERIDIAN 790 30' WEST LONGITUDE,
2, ALL DISTANCES SHOWN HEREON ARE GRID, (SCALE FACTOR 0,999915)
3. WHERE COMPARISONS ARE SHOWN, THE PLAN DISTANCES PAVE aEEN
CONVERTED TO GRID,
4. ARC DISTANCES ARE SHOWN ON THE CURVES,
-0-
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PRC
(PL.)
DENOTES I"SQ, 4' LONG STANDARD IRON BAR PLANTED
DENOTES I"SQ, 2' LONG SHORT STANDARD IRON BAR PLANTED
DENOTES 5/8" DIA., 2' LONG ROUND IRON BAR PLANTED
DENOTES SURVEY MONUMENT FOUND
DENOTES WITNESS
DENOTES POINT OF REVERSE CURVE
DENOTES PLAN 10 R - 909
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SURVEYOR'S CERTIFICATE:
I HEREBY CERTIFY:
I, THAT THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE
WITH THE SURVEYS ACT AND THE LAND TITLES ACT AND THE
REGULATIONS MADE THEREUNDER;
2, THAT THE SURVEY WAS COMPLETED ON THE DAY OF
1979
DATE:
R, J, VISSER
ONTARIO LAND SURVEYOR
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~ 1 82 ~ -.J ~. 155 ~ ("^ (^' ~ 129 ::;: ~
N n"06'05'E . ~';.,. 'J'J.J'J N n"06'05'E =
100.00' ;+:I' N72.06'05"E oX 1('2 8
<! I-___~_( __, 100.OO'04!1_ t, 110.00' ~
183 ~~ 65.62 ~ $ 154 ~f N ~~~~':r-3i ~ ~ 130 8 ~
N'79-J4'25'E ~ g ~ N76.S2'30"E ~Ifi 14.3 ~ ~(1--65.6~-n.~.J N72.06'05'E :~
& 98.03'. . rOl.73 , ""'--;..r~'?' - :! [10.06' ~ ~~
. N8e!8~ ~ _ ff 153 ~~, ;;'~7~',2~"E -~;~ g 1:31 81;z
f"~19.Z4' FD. 0303, It) 8 N82.19' 1">(1) ~ I.... " .
\0\8:S' 91./'3, ,5,s'w ~ <:i - 99. 35'E jo') i{)n "14 . (1) ,J,~ N n"06'05"E
~ 'i91 . i 1B N8e.J 18.1j" t 9 f4 il .76' ~; .n N~.1..s'~ 11 8 113.39' .....
:83N72.05'2Q'E~ ~ 11l:4:,5,s.w iJ Q: ~!'J N IS< il~2~ 33,.i3~t....., "; ~
. 100.00' "I; ~.I~~ ~' Q:. /}B.e7' q~, ~ 145 .9' ~ .
ro _ ~ ' N Cu r/l 98.'''' o3O'E L t ,.. .'iSZ.?o' !:!l~ ~
Irtl. 0 I/) . 8e.o303 4' ~ I " ~..., 'iI'.Orj, ?S. f.."z!i ~
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IONn"05'2Q"E - la,? ~,'5s~...... ~.,CJ, ~ ~ 9?..o1.'JO'w,~..,~,^:" Ii,:,:'':' 8 '62"-'
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. - IJ55~:S5'E CV'In~ 6' N~. 'J'O '." 0 I~J" "
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CURVE DATA
LOT RADIUS ANGLE ARC CHORD BEARING
NO. IN FEET 0 . IN FEET IN FEET 0 .
I 255,62 19 8 29 85,40 85,00 N 63 35 49 Vi
I 165,62 10 21 17 29,93 29,89 N 3 13 10 'IV
2 165.62 13 I 9 37,63 37,55 N 14 54 23 'IV
4 250,00 5 16 8 22.99 22,98 N 18 46 54 W
5 250.00 19 II 17 83,72 83,33 N 6 33 II W
6 250,00 19 II 17 83,72 83,33 N 12 38 6 E
7 250.00 19 II 17 83,72 83.33 N 31 49 23 E
8 250,00 '7 44 38 33,79 33,76 N451721E
10 250,00 13 24 30 58.51 58.37 N 42 27 25 E
10 475,62 7 40 54 63,77 63,72 N 83 15 34 Vi
" 475.62 6 52 /6 57,04 57,00 N 89 2752cE
12 475,62 5 6 59 42,47 42.46 N 83 28 14 E
14 74.38 90 41 34 117.74 105,83 N 53 44 28 W
15 74.38 II 3 15 14.35 14,33 N 2 52 4W
18 50,00 14 7 58 12,33 12,30 N 38 59 3 E
19 50,00 60 17 56 52,62 50.23 N I 46 5E
20 50,00 47 57 52 41.86 40.65 N 52 21 49 W
21 50.00 63 II 22 !5,14 52,39 N 72 3 34 E
28 140.00 3 41 48 9.03 9.03 N o 48 39 E
29 140.00 20 57 5 51.19 50.91 N II 30 47 W
30 140.00 20 57 5 51.19 50.91 N 32 ,27 52 W
31 140.00 20 57 5 51.19 50.91 N 53 24 57 W
32 140.00 20 57 5 51,19 50.91 N 74 22 2W
33 140.00 14 14 41 34,81 34,72 N 88 2 5 E
35 410.00 3 19 18 23,77 23,77 N 82 34 24 E
36 410,00 13 29 0 96,49 96.26 N 89 I 27 W
36 250.00 22 23 57 97,73 97,11 N 8 38 9 E
37 250.00 6 31 26 28,47 28,45 N 5 49 32 W
41 350,00 7 36 13 46,45 46.41 N 84 42 51 E
42 350,00 9 13 5 56.31 56.25 N 86 52 30 W
43 350,00 9 13 5 56,31 56,25 N 77 39 24 W
44 350,00 9 17 33 56.77 56,70 N 68 24 5W
45 350.00 9 8 38 55,86 55,80 N 59 10 59 W
46 350,00 9 13 5 56.31 56.25 N 50 0 8W
47 350.00 9 13 5 56,31 56.25 N 40 47 2W
48 350,00 9 13 5 56,31 56.25 N 31 33 57 W
49 350.00 9 13 5 56,31 56.25 N 22 20 51 'IV
50 350.00 9 13 5 56.31 56.25 N 13 746W
51 350,00 9 13 5 56,31 !56.25 N. 3 54 40 W
52 350.00 I 57 41 II,S8 II.S8 N I 40 43 E
60 330.00 17 25 56 100,40 100.02 N 8 23 59 W
61 395.62 9 9 47 63,27 63,20 N 9 57 35 W
62 395.62 o 19 20 2,22 2,22 N 14 42 8W
62 60.00 47 58 48 50,25 48,79 N 8 47 19 W
63 60,00 46 53 17 49,10 47,74 N 56 13 21 W
64 60,00 54 II 32 56.75 54.66 N 73 14 14 E
65 60,00 3 33 6 3.72 3.72 N 44 21 55 E
67 415,62 I 32 30 11.18 11,18 N I 53 18 E
84 415,62 6 35 10 47.77 47,75 N II 16 49 W
85 415,62 5 51 15 42.47 42,45 N 17 30 IW
86 415,62 5 37 37 40.82 40,80 N 23 14 27 W
86 700.00 8 II 32 100,09 100,00 N 51 50 II E
87 415,62 12 3 18 87.45 87.29 N 55 7 55 W
88 165,62 II 42 31 33,84 33,79 N 22 59 10 E
89 165.62 18 15 44 52, '79 52,57 N 8 0 3 E
90 165.62 17 28 42 50,52 50,33 N 9 52 II W
100 765,62 3 28 19 46,39 46.39 N 64 51 6 E
101 765.62 3 26 34 46,01 46.00 N 61 23 40 E
102 765.62 3 26 34 46,01 46.00 N 57 57 5 E
103 765.62 3 26 34 46,01 46,00 N 54 30 31 E
104 765.62 4 2 29 54,01 53,99 N 50 45 59 E
104 415,62 13 49 21 100,27 100,02 N 42 I 1 35 W
105 700.00 3 28 39 42,48 42,48 N 57 40 16 E
106 700,00 3 42 59 45,40 45.40 N 61 16 5 E
107 700.00 o 26 48 5,46 5.46 N 63 20 58 E
107 60.00 39 39 45 41,54 40.71 N 83 43 58 W
108 60.00 33 19 30 34,90 34,41 N 59 46 24 E
109 60,00 31 o 21 32,47 32,07 N 27 36 29 E
110 60,00 28 2 7 29.36 29,07 N I 54 45 W
III 60,00 27 21 32 28,65 28,38 N 29 36 34 W
120 50,00 5 13 53 4,57 4,56 N 9 29 48 E
121 50,00 44 32 3 38,86 37,89 N 15 23 lOW
122 50.00 55 7 24 48,10 46.27 N 65 12 54 W
123 50,00 52 42 8 45,99 44,39 N 60 52 20 E
12'7 50,00 75 58 58 66,31 61.55 N 84 13 18 E
128 50,00 54 25 19 47,49 45,73 N 19 1 10 E
129 50,00 19 6 26 16.67 16,60 N 17 44 43 W
132 100.00 47 26 57 82,82 80,47 N 5 6 57 E
133 415.62 5 59 9 43,42 43,40 N 73 14 10 W
134 415,62 5 30 27 39.95 39.94 N 78 58 59 W
135 415.62 5 55 53 43,03 43.01 N 84 42 9W
152 415,62 2 II 14 15,87 15,87 N 82 o 22 E
BL.A 255,62 13 37 57 60,82 60,68 N 47 12 36 W
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BLOCK C
(I' RESERVE)
AREA-O.OO2 ACS,
SCHEDULE
OF AREAS:
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H~ST,
20934
(F:F~STLY 1
lil~ rvi fJ.1 r\ DE Ii)
r'\ Q
AREA OF LOTS
AREA OF BLOCK
AREA OF STREETS
AREA OF STREET WIDENING
AREA OF ONE FOOT RESERVE
2 O. 451 ACRES
4.919 ACRES
7,246 ACRES
o.07"r ACRES
0.002 ACRES
32,695 ACRES
rA\~ \j '2.
~ 66.06
----
ANGLE OF
fg, 32, CON, 2 --------
----- C,O\~~lo
----- _ ef\\{Jr:.r:.\X
\ [\\NrA\~C\'- -
RO~\j r~L -\)
TOTAL AREA
nus PLAN COMPRISES PART OF PARCEL 31-1
SECTION 10- CON. 2 NEWCASTLE (DARLINGTON)
rvl~
LT
APPROVED
REGISTRATION
FOR
EXAMINER OF SURVEYS
PLAN M-
_ _ , REG I STERED _
AND ENTERED ON PARCEL
_ _ _ _ _ _ _ _ _ _ SECT I ON _ _ _ _ _ _
z
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LAND REGISTRAR
CERTIFICATES. CONSENTS AND DEDICATIONS ARE
FILED UNDER NO_ _ _ _ _ _ _ .
PLAN OF SUBDIVISION OF
PART OF LOTS 31 AND 32
CONCESSION 2
TOWN OF NEWPASTLE
( FORMERLY TOWNSHIP OF DARLINGTON)
REGIONAL MUNICIPALITY OF DURHAM
I. I
I
1-
<n
<!
()
S
GJ
:2
SCALE :
INCH = 100 fEET
N
R. J. VISSER
O. L. S.
1979
2
()
(.J
OWNER'S CERTIFICATE - PLAN OF SUBDIVISION
(" ..J
THIS IS TO CERTIFY THAT:
I. LOTS I TO 155 BOTH INCLUSIVE. BLOCK A, ' STREETS). NAMELY
BEECHNUT CRESCENT. CLARET ROAD. L YNDALE CRE::>CENT,
PHOENIX DRIVE. SANDRINGHAM DRIVE AND WINDHAM CRESCENT
STREET WIDENING. NAMELY BLOCK B AND RESERVE. NAMELY I
BLOCK C, HAVE BEEN LAID OUT IN ACCORDANCE WITH OUR
INSTRUCTIONS,
------
z
()
1-
()
IjJ
(J)
2, THE STREETS AND STREET WIDENING ARE HEREBY DEDICATED
AS PUBLIC HIGHWAYS.
DATED THE, , , , . , , DAY OF . . . , , , . . , . J979.
WITNESS
I-
ce
<!
Q..
-!
I.JJ
()
(Y
R-
WITNESS
LEGEND
(l"
I. BEARINGS HEREON ARE ASTRONOMIC, DERIVED FROM MINISTRY OF
TRANSPORTATION AND COMMUNICATIONS CONTROL MONUMENTS 730726
AND 730"127 AND ARE REFERRED TO THE ONTARIO COORDINATE SYSTEM
ZONE 10. CENTRAL MERIDIAN 790 30' WEST LONGITUDE,
2, ALL DISTANCES SHOWN HEREON ARE GRID, (SCALE FACTOR 0.999915)
3. WHERE COMPARISONS ARE SHOWN, THE PLAN DISTANCES HAVE BEEN
CONVERTED TO GRID,
4, ARC DISTANCES ARE SHOWN ON THE CURVES.
-0-
-GSSIB
.[jJ.
FD,
WIT,
PL.
DENOTES, IASQ, 4' LONG STANDARD IRON BAR PLANTED
DENOTES IASQ, 2' LONG SHORT STANDARD IRON BAR PLANTED
DENOTES 5/8A DIA., 2' LONG ROUND IRON BAR PLANTED
DENOTES SURVEY MONUMENT,FOUND
DENOTES WITNESS
DENOTES PLAN 10 R - 909
DENOTES CUT CROSS
.,t.
SURVEYOR'S CERTIFICATE:
I HEREBY CERTIFY:
I, THAT THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE
WITH THE SURVEYS ACT AND THE LAND TITLES ACT AND THE
REGULAT IONS MADE THER EUNDER ;
2. THAT THE SURVEY WAS COMPLETED ON THE
1979
DAY OF
DATE: _ _ _ _ _ _
R,J. VISSER
ONTARIO LAND SURVEYOR
\
18T-7602-'
S CI'I.t:.j){A,uf: .<5, .3
PLAN
Pl4sttc Ma terio I
Go,:,ge
Process
Ink
5
12
13
14
15
16
16
21
22
23
24
25
30
31
32
33
34
35
41
BL. V
44
45
56
57
57
58
58
59
60
61
62
63
12
73
87
87
88
89
90
91
110
III
121
122
123
124
128
129
132
133
134
135
136
137
138
139
141
141
142
146
146
147
148
149
156
157
1M
8L,C
8L,O
8L.Q
aL,Q
18 T - 76027
MATERIAL
- Clono flelC
- 0, 0041nch
Photogrophic
- Special "T"
LOT
NO.
RADIUS
IN FEET
270,00
204,38
204.38
204,38
204,38
204.38
94,38
50,00
50,00
50.00
50,00
50,00
50.00
50,00
50,00
50,00
50,00
50,00
160,00
465,62
160,00
94,38
160,00
160,00
450,00
164,38
270,00
270.00
alO,OO
384.38
384,38
384,38
400,00
400.00
300,00
60,00
60.00
60.00
60,00
60,00
365.62
365.62
60.00
60,00
60.00
60,00
184,38
184.38
315,62
31'5.62
315,62
315,62
315,62
315,62
315.62
315,62
100,00
255,62
255,62
270.00
230,00
230,00
230,00
230.00
190,00
190,00
190,00
164,38
230,00
400,00
465,62
CURVE
ANGLE
o . "
16 50 51
o 25 47
21 40 I
22 7 2
18 39 29
8 29 26
27 I 19
29 20 27
39 49 6
36 34 34
33 43 26
33 56 17
15 35 14
43 7 9
30 55 55
30 55 55
51 19 3
I 30 34
20 48 10
2 52 8
15 50 5
36 38 15
15 24 45
II 36 34
9 36 56
25 27 33
II 10 44
9 43 22
5 28 48
5 31 29
9 44 0
2 44 31
4 37 57
6 30 39
9 59 40
23 45 44
45 36 6
4536 6
41 20 5
23 42 0
6 8 28
3 51 12
41 45 54
41 20 5
50 '} 3
5 30 24
29 36 59
28 37 56
3 .3 44
10 6 21
10 6 21
10 6 21
10 6 21
10 6 21
10 6,21
6 52 48
23 22 26
21 II 25
2 II 0
14 10 27
o 47 24
10 0,30
10 14 24
10 7 27
26 18 2
28 57 18
34 24 54
22 40 Z6
16 58 14
o 12 46
o 9 34
ARC
IN FEET
79,39
1.53
77,29
78,90
66,56
30.29
44,51
25,61
34,75
31,92
29.43
29.62
13,60
37.63
26,99
26,99
44,78
1.32
58.09
23.32
44,22
60.35 '
43,04
32,42
75,52
73.04
52.68
45.82
25,82
37,06
65,30
18,40
32.34
45,45
52,33
24,88
47.75
47,75
43.29
24,82
39,19
24,59
43,74
43.29
52.52
5.77
95.31
92,14
16,87
55,67
55,67
55,67
55,67
55,67
55,67
37,90
40,80
94,54
9,74
66.80
3,17
40,18
41,11
40.64
87.22
96.02
114,13
65.05
68.12
1.49
"".30
DATA
CHORD
IN FEET
79,11
1.53
76,83
78,41
66,26
30.26
44,10
25,33
34.05
31.38
29,01
29,19
13,56
36,75 '
26,67
26,67
43,30
1.32
57,77
23.31
44,08
59,33
42,91
32,36
75,43
72,44
52.60,
45,76
25,82
37,05
65.22
18,39
32,33
45,43
52.26
24.71
46,50
46.50
42,35
24,64
39,17
24,58
42.77
42,35
50,86
5,76
94,25
91,19
16.87
55.60
55,60
55.60
55,60
55,60
55.60
37,88
40,51
94.00
9.74
66,62
3,17
40,13
41,05
40.59
86,45
95,00
112.42
64.63
67,88
1.49
1.30
/......
~
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Q.
N :~:~N~ E \
N 71 9 33 E '
N 60 6 39 E
N 38 13 8 E
N 17 49 52 E
N 4 15 25 E
N 84 53 7 E
N 44 20 45 E
N 78 55 32 E
N 62 52 39 W
N 27 43 39 W
N 6 6 13 E
N 52 31 51 W i
N 23 10 40 W i
N 13 50 52 E
N444648E
N 85 54 17 E
N 67 40 55 W
N 81 46 32 E
N 19 26 46 E
N 79 54 21 W
N 89 41 34 E
N 79 4 50 E ;,
N 87 24 31 W i
N 13 12 14 E
N 69 21 24 W
N 20 48 15 E
N 10 21 II E
N 245 6E
N 2 46 26 E
N 10 24 II E
N 16 38 26 E
N 20 19 41 E
N 25 53 59 E
N 76 15 8 E
N 6 51 50 Vi I
N 27 49 4 E l
N 73 25 10 E
N63645W
N 30 35 42W
N 74 19 32 E
N 7919 22 !
N 80 17 29 E
N 58 9 31 W
N 12 '24 57 W
N 15 24 ~ E
N 5 43 14 E
N 34 50 42 E
N 47 37 48 E
N 41 2 46 E
N 30 56 l5 E
N 20 50 4 E
N 10 43 43 E
N 0 37 22 E
N 9 28 58 W
N 17 58 33 W
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THIS PLAN COMPRISES PART OF PARCEL 31-1 SECTION 10 -CON, 2
NEWCASTLE (DARLINGTON)
PLAN OF SUBDIVISION OF
PART OF LOTS 31 AND 32
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~ ~ 75 8 ~~ ~ ~
~ (l) N74-09'40"E g E~ :~ ~IBLOCK F CRREG(JLAR POST
; 100.00' . 1-:: ~~ AREA-<l,Q83 AO" ;[:BLOCK R (I' RESERVE)
~, 76 ~ f Fd~J -.J N 71 ~ ~ t,~"E & AR~.O,OO2 AOS.
<1\ .1 _ 71 2110E 251.28' . ~.....6 ,6"...: ,
. N74.09'40"E 76.36' ~29'OO'32.<JJ' 6 ~ 15.1 ' Nel-/~,OO" ~ 66.6'. 128.55' ~ 75,12'
124 ;... ~ 100,00' ~ fi 1.00. ~ ~ 100.00, t: N1"21'l~'1 PA R T 7 P!... /.\ N
,.. 'O. ,~810 ,,' 00 II GO. 00. · ;... -t-
Iii 10 - ~ 8. ~ E 8' &8 10 84' -':. <!o .l.4J
II. N 74.09'40"E-c..t ~ . 0.., . ' ~ :::A dl 83 ~ ~ 2:... _ -.. ~
97,01' . r ~" ~ 77 ~ ~~ 18 E; 11 8 , · v <c, 8 ~ ,..: lQ ~~. 89 i? ~
~ $. a5~ClS~. '/J 79 ..0 ~ 80 8. ~ 0'8' ~~ 81- :... co tR . t1' ~ _f(f 90
'q; 9;) ,.. co V' v .0 8 N 81.,~,OO" IQ 1,5'OO't:.' IJI. ~ ..:
~ .".~ [1~00.77' z ~ - ;:::: ~ g 81 8' 100.00' t: ~!!! 70.00' 129.14' 88 ~ ...
~ 1 23 ~ ~ ~ 6.3,79. ~" '8 '" ....,J P 59.14'0 ~ l..
~ co "~ 10 d ~ ..., co ~ tt).. 47:JJS' ...n"~;;; ~
. ~O.€. ~ \-l' 6',00' ~"'~'.~ ~. ('oJ I., 81.s ~ 000,00' ZJ .~?J""'~ S
~ c.,?_?Jo'?J t>.q,. ~.~ N81-, 6/,00' - 8~ 8 >41 '8 85 8. IOj S'~. A'\ '~~ ,",,,,1 \1' N71.15'~.E
. ...\... \\ ,-" - 00''''''''' c;. 'd. 8 00. '/". 1J- ;.,' . \' \\fj. c..v
.2 \' \0\' ' '.9. '! ... "'-1,00' ~ ~ It) ~...
... I C"t' :8' 86 - ~ ;;, . YORKVILLE ~ Co 100,00'
~ 1.3 YOR 00,00'" co 8 .~ ~ ..,
Z .4./ .74' GO. 10' kVILLt ~ - ~ - ~ 87 ? Z _ _ C_O~R! _ _ z ~ 91 ~ 8
/22 ctil 8.7/' ~ 6<>.10 He l..tJ 70.90' ~ 710 "''''''''E ~ ~ 6O,OQ'" 60.00' , ~ '" d
~ . .. GO. 10' I-/~,OO" . , -J 62.00' N I...OJ S" ,CI.N71ol:laJE N7Iol:l2o'E~? z ,...
. ~ ~ 8 0000 (oJ -.J N8 I~' ~J 17,731~ ~ ~ ~
Ie ~~' 12/ . g P A ,l?" 1..- .' ::," ~_.' (lO't: ~52.33' _ ''''![A 120.00' ~. 100,00' 100,00'
81,77' ~ .... ! of /20 (\I "-' J', GO.oo. 14, ,ll IR'300.00' .... l'; - - - - - - - ~ N 71-1 2O"E
Fd. N 8/0 ~7S.26' i a) ; 119 8 - - I GO.oo, 70,00' 1:'1 . ' ; ~ ~
N8Jo';~'05.E 87,36' ~ 118 88 117 '8' ~ 5f ~I ~I
OJ ~o /I E GO 6. _' 8' 8' Q:: 70.00' 8 .'ts.OO".,. 10, :2
( PLA N ) J~8.;~: .......Qu. 2J I'll g 116 g 1/5 E; 8 . G (j ~ S ,': ,.. _ GO,oo': s,~~.62' l
-~--- GO,IO' GO,oo' : g 114 3 ~ ~ . " .' I (, it.'\! 2~'S~" 39,19' -, 60.00' 60,00' 60.00' 60,00' 60,00'
POs r Fd, N 8 60.00' - .; l_8 - 11 J '8 8 . ~ 16.49.J z : c - c ~ ~? ~~ EWe t, S T L ~:
4Nt) ~ .I!':~:~:E .60,00' 70,00' J ""'J'.'~f: ~ g 112 P 8 111 ~ g is 109 8 Sg-. 107 S S
WINe E (Pl4~J 50e ,~ co_ '!Jg 110.8 ~ 108 ~ 106 ~ 105
F'E'NCE' __ lZ'67~ I 70,~U9' 60,00' '< 60.00' 1;''''4' ~ '
-l ..: _ 57.20'
BLOCk ~~v
AR€A'Q,""",,' SI 'Fd.
'''''''c Acs. (I ·
RESERVE)
R, J, VISSER
0, L.S,
1979
OWNER' S CERTIFICATE - PLAN OF SUBDIVISION
THIS IS TO CERTIFY THAT:
I, LOTS I TO 158 BOTH INCLUSIVE, BLOCKS A TO F BOTH INCLUSIVE AND
BLOCK V J STREETS, NAMELY BUSHFORD STREET
GRANVILLE AVENUE. HILLHURST CRESCENT, INGLIS AVENUE,
PARKLA WN DRIVE. SANDRINGHAM DRIVE, STUART ROAD.
YORKVILLE COURT AND YORKVILLE DRIVE, THE STREET
WIDENINGS. NAMELY BLOCKS G TO' K BOTH INCLUSIVE AND
RESERVES. NAMELY BLOCKS L TO U BOTH INCLUSIVE.
HAVE BEEN LAID OUT IN ACCORDANCE WITH OUR INSTRUCT[ONS,
2. THE STREETS AND STREET WIDENINGS ARE HEREBY DED[CA TED
AS PUBLIC H[GHWAYS.
DATED THE. . . . . . . DAY OF . , . . . . . . . , 1979.
WITNESS
WITNESS
LEGEND
I. BEARINGS HEREON ARE ASTRONOMtC. DERIVED FROM MINISTRY OF
TRANSPORTATION AND COMMUNICAT[ONS C'ONTROL MONUMENTS 730726
AND 730727 AND ARE REFERRED TO THE ONTARIO COORDINATE SYSTEM
ZONE [0, CENTRAL MERIDIAN 790 30' WEST LONGITUDE.
2. ALL DISTANCES SHOWN HEREON ARE GRID, (SCALE FACTOR 0.999915)
3. WHERE COMPARISONS ARE SHOWN, THE PLAN DISTANCES HAVE BEEN~"',\+_,,, '.
CONVERTED TO GRID. ' '-;";;.':$;:$'~it':,ili
.4, ARC DISTANCES ARE SHOWN ON THE CURVES.
-0-
-II-
.C.S.M.
FD.
WIT.
PLAN
DENOTES [NSQ, 4' LONG STANDARD [RON BAR PLANTED
DENOTES 5/8" DIA.. 2' LONG RaJND I RON BAR PLANTED
DENOTES CUT STONE MONUMENT
DENOTES SURVEY MONUMENT FOUND
DENOTES WITNESS
DENOTES PLAN 10 R - 909
SURVEYOR'S CERTIFICATE:
I HEREBY CERTIFY:
I. THAT THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE
WITH THE SURVEYS ACT AND THE LAND TITLES ACT AND THE
REGULATIONS MADE THEREUNDER.
2, THAT THE SURVEY WAS COMPLETED ON THE
1979,
DA Y OF
DATE
--------------- - ----
R. J, VI SSER
ONTARIO LAND SURVEYOR
S":>ClfE Dca E
g-~
~
U.
.8'.
~II,.
J. u. ~J\RN~S iUMlTED/Surveyors
i.
;"1
", ," '~ . ,;, ,
(;eode~f(,., ',.P~~(Qgtam~~(ri{..'.., ,an~ Engir1e~rin!r Surveys,'
':.. BI(A,'ytPlQN-;';/" '.',.,,'~' .iX9SHAW~'-' EDMONTON
. . ".. ~ -',. ." ~ _. ". ~..~l l"-~.~' ." ~~;....,~,..;..._
RE.fERE.NCE NO.:
7S"21" lie.. o. c 1/.
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