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HomeMy WebLinkAboutADMIN-29-97j ..~ .. 1. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON :. REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # ~~¢ , Date: Ji7DiE 16 1997 Res. #[~1T ,~1~- ! / ey-Law # Report #: ADMIN. z9-9~ile #: Subject: AGREEMENT BETWEEN THE TOWN OF NEWCASTLE AND STEPHENSON Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report ADMIN.29-97 be received; 2. THAT the General Purpose and Administration Committee forward same to Council with the understanding that the Agreement of June 28 1978 now be terminated. 1. BACKGROUND: In 1978 Robert G. and A. Arlene Stephenson entered into an Agreement with the then Town of Newcastle in conjunction with the enactment of a zoning amendment on their property located in the Newcastle area. We are enclosing a copy of the Agreement for the information of Council. 2. REVIEW AND COMMENT: The office of the Chief Administrative Officer has recently been requested by the Stephensons that, as they are contemplating the sale of the property covered in the 1978 Agreement, and as all terms of the Agreement have been finally satisfied, the Municipality of Clarington terminates the Agreement in question at this time. The enclosed letter from the Municipal solicitor states that upon review of the above mentioned Agreement, it is his opinion that the Municipality should be terminating same at this time. 3. CONCLUSION: Considering the above, is it therefore recommended that Council agree to terminating the 1978 Agreement between the parties in order that this file may be closed. Respectfully submitted, Y L W. H. Stockwell, Chief Administrative Officer WHS:nof att ,.,E.~®wE~.~,. 12 0 7 MAY 22'97 9:28 FR ROBINS RPPLEBY TRUE ,. DENNIS G. HEFFERON s,~rst~ a soucrroA 416 868 0306 TO 2919056235717619 P.02i03 T~kphorr (418) 3663328 FwYeY. (use aeea3oe s,~. Aso AdWW Sire west TOROHfO, OMfAF60 hWl 21AZ TDX Box 98 May 22, 1997 Mayor Diane Harare Munidpality of Clarington 40 Tamperaru:e Street Bowmanviile, Ontario Li C 3A6 Dear Mayor Harare: Re: Agreement 6etwasn the former Town of Newcastle ("Municipaitty"} and Robert G. Stephenson and A. Arlene Stephenson ("Ovvrwr'~ dated June 28, 1878 The above Agreement was made by the Municipality and the Owner in conjunction with the enactment of a zoning amendment. The purpose of the zoning amendment was to permit the Owner's existing 6.4 acre salvage yard site comprising part of Lot 23, Concession 1, former Township of Clarke to tae relocated to a new 2t.7 acre site which also comprised part of Lot 23, Concession 1, former Township of Clarke. lam advised that the sahrage yard in fact was relocated to the new site soma considerable time ago. The Agreement deals with a number of matters relevant to the opening of the new site and the dosing of the then existing site all of whidz now appear to have been performed by the Owner. A site plan of the salvage yard was included as a Schedule to the Agreement; however, Mr. Wu has adv(sed rrte that the site plan shows very little and is not of importance to the Municpality. Un~r paragraph 21 of the Agreement the Owner is permitted to assign the Agreement only with the written consent of the Municipality. Sinus there are no obligations of the Owner under the Agreement that appear to be of importance to the Munidpality ~ the future and cannot be achieved by the exerese of powers under the Planning Act. and other legislation, and paragraph 21 ~ a serious restraint on the exercise by the Owner of his right to sell the properly, 1 ~~~~ M,RY 22'97 9:29 FR ROBINS RPPLEBY TRUB 416 868 0306 TO 2919056235717619 P.03i03 -Page 2 - recorrartend that on the Owner's application, the Municipalityy spree with the Owner to terminate tlae Agreement. Yours very truly, /1 Dennis C. Hetfer DCH:bg c. Mr. F. Wu - ~,~q 06-09-1997 01~11PM FROM NEWCRSTLE SRLURGE TO NEWCASTLE SALVAGE 3753 METCALF 37. R.RB NEWCA57LE, ONT. LIB-!18 7E'L:9O5-987-4741 FAX:905-987-1539 -,,< t-:,°ti'ICIF~ .i~T"; ' ^?' CL1'Tn~':~T',- rro~l~~~~~.~~,~~c~ smlz_.nT ~, C 5r6 6235717 P.01 v.re`~,1 9>? ~;.,•_,rism; ~iar_e iam~^c, i~:ayor: AS file "rrc~"perty~evelo~%z*eYlti ?_gree^12~_~.t of c'.:s i~rcperty G/ ha :crlt since 'oceY1 CosYlpleted and finished ; ,~{Grtt'~ ~µKC~%~~ ','";e rEG llc^3t the CCY:1piC''.te 1'V:.t Y1L{r Fa. iilF.t.l of Development a~reerc~ent at this t$Yne. ~ G ill F~~ ,~/~~-v~-R-i~v i {%Y-i.e.-~-Q' `Ui7 F,4x :~~~- ,s~~7 1210 TOTRL P.01 1~~ JUN 3 1997 Robert G. Stephenson and A. Arlene Stephenson 3753 Metcalf Street Newcastle, Ontario L16 1L9 Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 May 29, 1997 rfrUNICIPALITY OF C1.AR1tdGTON MAYOR'S OFF{CE Re: Agreement Between The Corporation of The Town of Newcastle and Robert G. Stephenson and A. Arlene Stephenson -Dated June 28,1918 Section 21 • CONSENT OF ASSIGNMENT "The Owner may assign this Agreement only with the written consent of the Municipality." Dear Diane Hamre IMayor): Robert G. Stephenson and Arlene Stephenson are requesting removal of Section 21 from said agreement. Best Regards, e n .. ~ ~' ~.~t'~ Robert G. Stephenson and A. Arlene Stephenson ~/~ ~%- ~/%5~/ ~-- ?211 TiIIS AC2.E~''~:T, wade in quintuplicate this . ,i:bUl ...day of, ,.~iU1C ... ~;:, D, , 1~}7 $ BEI`d?y:: TiIE CO;;PO PATIO'.' OF :r?4 TCA~'27 OF 2I?.1C.:Si'ZE, hereinafter called the "Municipality" OF THE FIRS': Pi.RT -cad- ~T (;. STIiPi;1~5OV AIv~ A, ARIS.1~ STII'I~v50~i hereinafter called the "timer" Or Tiff Sr,COND P':RT WTINESS:':S THAT: WFica'~E.4S the lands affected by this Agreement, which are described in Schedule "A" heroto~ Pre hereinafter called the "said lan<]s" and are reported to be approxi- mately 60.5 acres is total; P.2:D W2iEitE.aS part of the lands affecte3 by this Agreemaat~ which are described in Schedule "B" hereto are hereinafter called the "FSdsting Site" aad are reported to be apprmdmately,,.,,~1~,..r., ,,,e,, ,.8cres; AFD WFiEFtE,iS the 0.mer warrants that it is the reooistered owner of the said lands cad the E7cistiag Site; t_ND Y:?ifP.E.~.S in this Agreements "Owner" includes an Individusl~ an Associations a Partnership-or s Corporation ands wherever the singular ie used hereini it shall be construed as including the plural; AND 6fHFREP.S the Owner has applied to the 24tmicipality for s Zoning By-law Amend- nent~ hereinafter called the "Amendment"~ to permit the use of part of the said ?.ands for a salvage yard; NOd ?H~.~ORE~ in consideration of other good end valuable consideration en3 ti,:e sue of Cne Dollar (w1,00) of lawful money of Canada now paid by each of tie •• Farti©a hereto to each of the other Parties hereto (the receipt whereof is ;;ere~y ac2aovledged)~ the Owner hereby covenonts~ promises and agreesvith the *P,micipality as follocrs: SC:i ~JLES 1. The following Srhedules~ which are identified by the signatures of the Pt~rties to this Agreement en3 which are attached hereto together with all provisions con- t~~ned therein are hereby made a part of this ~;greement as fully e~ to a1_'. intents and purposes as though recited in Hill herein: Schedule ".;" - "Legal Description of Said Lands" Schad+.ile "B" - "hegal Description of fisting Site" Schedule "C' - "Site Plan of Salvage Yard° Schedule "D" - "land Dedications" C02•~LZ;2:CE VSTTH BY-IaWS. STATUTES AND REGIIL;TZONS 2, T::e O.mer agrees that the development of the said lands the erecticn and use of at~r buildings or structures and the operations on the said lr~ds shall ca~7y with all npp]3cable 2~hmicipal~ Regionals Provincial and Federal by-lavs~ statutes and rebalationa, ~''"I ~' °! ~,,; (~) 121? ~ Vl J~ u'ull/~i 3 ,~ O~~ e~;reee that the said lands described as Part 2 in Schodulo"A" hereto shall be used Sor no p¢rpoaee other thaw those shown in Schedule thaththeteaid leads the prior written consent of the N6mtcipality. ^'he Owner ~e ea'othor than described m Pert 1 in Schedule'A•hereto~s~~~~Ra ofrom tine to t~lme in t2u~ appro- A~icnltln:e and such other noes se ~ priate zonin8 by-law. i':.YMEIT OF TAXES i~,y~ci nl ~, The 0.ver shall pays nt the time of execution of this '.~z'eemont~ ::11 P taxes outstanding against the said lands cs see oat ~ vbecomeedue„andrpayableby 0.•ner also agrees to paY anY r`•~oiPal ~uf~the said lands. its prior to the sale by the O.rner of any t t~RTr ZTY OF CSdI Itntil the Agreement has been approved by the Catario lmicipal Boards the 5' the 5hmicipalitY against all aetio:s~ causes of action Owner shall indemnify arise directly or indirectly by suits cl8lms and dea3nds vhatsoeverd~ 1 ~ nt of the said lands. reason of the Owner undertaking atan r~IG.~TZCi:S of theelandsrdesc ibed ini5cheduleheD"~hereto ffor one foo freaerves,Ce ~ respect R ~'31TS FOR CQI~~SF3IC~~LTNT OF DE'JEL6't~~?;T 7. Before a~ development of the said lands is comnancedr in cddition to ary other requirements conta~tsh~e u uha~~cularhaccessvto the saidflandshfro~- icipality an entrance pe a road abutting the said lands, i SERVICE D'~I•L^.GF Ord °.'-SAG':TION COSTS agrees to pay the cost of repaL^ing a:~a dca.bes to arti/ ea3sting 8• The Amer ~ e:dstino services and/or services and/or utilities and the cost or operation~o the said lands. ,. utilities caused by the development and/ rT.nS` OF ~STI11G OPF.'t',TI0:1 . months of the date of approval by the q, The Amer a~ees that within six (6) Ontario t5micipal Board of the ',mendment it shall have ceased to operate a salvz:ga yard on the Exi.ating Site and that it shall have removed from the F~3s`s.hg Site all Soods~ ~:ares~ merchandises articles or things associated with the salvage yard operation. gR~iTION OF Wr Tr'R POLLUfIOii 10• The Urner shall ensure that no greases oily rust or other similar waste aat- eriels from the said lands are discharged or carried by runoff into any natural or aT.tificial watercourse. P-~IJZ~~'IIITS FOR C0:II~37C_E'.^aT OF OPr"lL1TT~7s 11. The U,mer shall not permit the c~encenent of operations on the said land:: until the following conditions have been mat: (1) the required drivewa}'s and par}3nG areas 'nave beeno Scsed~~~~Cdhereto; approved by the Director of '.;orY.s as c~Soraine (2) the required planting strips have been ins^ected and approved by the Mrector of Works es conforr.:ing to -`~-'~`=~=~e °c' hereto; (3) the required deeds of convey~mce to the '-~~:~~~ described in Schedule "D" hereto hate been re;;is~cre . 1213 F'I'st1dl°~7Cr~ 7'O ~7Tr 12. Tho Owner or any subsequent ewer shall permit a t~nicipnl Inspector, euthor- ized by the t~hmicipal Councils and/or the representatives of any other public agency to enter the said lands to ensure compliance with the provisions of this Agreement and the t~hmicipality's Salvage Yard By-lau, COSTS TO BE P" TD BY TIC GdN~? 13. Every provision of this Agreement by which the 0.2ser is obligated in any way text othervisedregvires.~eThe 0.mersshallreimburse the ~icipealityforsall con- administrative~ planningr legal engineering and inspection costa incurred by the ttmicipality in connection with the development of the said lands. 1NTFRE.ST ON IIItPAID CH.zRGES 14. Interest st the usual Mamicipal rable herein vhichlareynotepaideontthe due p5micipa73ty oa all slurs of money PgY ~ dates, .calculated from such due dateda s~afterethetdatefo the invoice,f Honey payable herein shall be thirty (30) y NOTIFICATION OF O+RiER 15. If ary notice is required to be given by the 1.5micipality to the owner in respect of this Agreements such notice shall be mailed or delivered to: Mr. H. G. Stephenson, H.H.2, ZIEWC6STZE, Ontario ...... or such~address~ns the~•0.mer~has•notified~the~2fimicipality~in -rriting,•and~nryy such notice mailed or delivere3 shall be deemed good and sufficient notice under the terns of this :+greement. P EEvISTR'+TIOI7 OF AGRr"~. •~~T 16. The Owner hereby consents to the registration of this Agreement by the :falnici- ~ pality~ and at the sole discretion of the Municipality, upon the title to the said lands end upon the title to the Existing Site. R_EATEGOT ' TION OF AOP.EF1•''Ir ~T -• 17. Tn the event that the Amendment has not been approved by the Ontario t8micipal Board within two years from the data of registration of this Agreement, the 2".~m- icipality mays at its option, oa one month's written notice to the Owner, declarQ this Agreement to be aub~ect to renegotiatioa~ whereupon the Owner agrees that he will. not imdertale arty development of the said lands until this Agreement has been renegotiated. ~EEACH OF t.GRE~•IIlT 18, prior to the approval by the Ontario Dtmicipal Board of the kmendment, `she Owner agrees that the 2~hmicipality may treat acv breach of this Agreement as a breach of the 2•tmicipality's Building By-law and the Omer ftsther agrees to cease forthwith, atLq development of the said leads, until the breach ie rectified. _SIITIIiEST L*1 THE S~~.ID LP.I7DS 19. The Owner hereby charges all his interest in the said ].ands with the obliga- tions sot out in this Agreement, °IICCESSORS~ 20, his Agreement sha7.1 enure to `she benefit of and be binding upon nll of the Parties hereto am] its, his or her rospcjctive heirs, executors, administrators, successors and nssigns,_ CO'~SyiT OF i+SSIG:~."..~T ~~ :1, Tho O..:ier mcy assign t!iis :.Greenent only with the w~rittea consent of the ,~:nicipality. ' (3) ~2~~ • ,?$t111ay of . ~}.VIE:........ . SCHf:DULE "B" [o the Development Agreement made the .. A.D. 1978 between ROBERT G. STEI'HENSON and THE CORPORATION OF THE TOWN OF N EWCA S TT.E . LEGAL DESCRIPTION OF 6BIS'PING SITE ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the geographic Township of Clarke, now in the Town of Newcastle, Regional Municipality of Durham, and being composed of part of Lot 23, Concession 1, of the said Township, containing 5.4 acres, more or less, and being more particularly described as follows; COMMENCING at a point in the easterly limit of the said Lot 23, distant 1,226.00 feet, measured southerly therealong from the north east corner of the said Lot 23; THENCE S72°25'30"W, herein described p. THENCE N17°41'30"W, THENCE S72°ZS'30"W, THENCE S17°41'30"E, THENCE N72°25'30"E, THENCE N17°41'30"W, 207.00 feet, to the Point of Commencement of the ircel of land; 270.14 feet; 500.00 feet; 470.14 feet; 500.00 feet; 200.00 feet to the Point of Commencement. 1215 y ............... SCHEDULE "D" to the Development Agreement made the .28th. da of Lllte A.P. 1978 between ROAERT G. 51'F.PHENSON and THE CORPORATION OF THE TOWN OF NEWCASTLE. ONE FOOT RESERVES PART 2 on Plan lOR-647, save and except the following parcel; ALL AND SINGULAR THAT certain parcel or tract of land and premises situate, lying and being in the Geographic Township of Clarke, now in the Town of Newcastle, Regional Municipality of Durham, and being composed of part of Lot 23, Concession 1, of the said Township, and being more particularly described as follows; COMMENCING at a point in the southerly limit of the said Lot 23, distanct 201.34 feet, measured easterly therealong from the south west corner of the said Lot 23, said point being the south west corner of Part 2, Plan lOR-647; THENCE continuing along the southerly limit of the said Lot 23, on a bearing of N72°48'20"E, 1.00 feet, to the south east corner of the said Part 2; THENCE N17°52'10"W, along the easterly limit of the said Part 2, 1.00 feet to a point therein; ,~ THENCE S72°48'20"W, 1.00 feet, to the westerly limit of the said Part 2; THENCE S17°52'10"E, along the westerly limit of the said Part 2, ~~ 1.00 feet, to the Point of Commencement. 1216 SCHGDULE "A" to the Development Agreement made the .:~}.h.• day of ~}e A.D. 1978 between ROBERT G. STEPHENSON and THE CORPORATION OF THE TOWN OF NEWCASTLE.. LEGAL DESCRIPTION OF SAID LANDS PART 1 ALL AND SINGi~LAR that certain parcel or tract of land and premises situate lying and being in the Geographic Township of Clarke, in ~y~ A j ~~ the Town of Newcastle, in the Regional Municipality of Durham, ..ti.. , containing 21.7 acres, more or less, and being more particularly rtit-t4-~ described as follows; PREMISING THAT the southerly limit of the said Lot 23, has a bearing of N72°48'20"E, and relating all other bearings used herein thereto; COMMENCING AT A POINT in the easterly limit of the said Lot 23, where it is intersected by the northerly limit of the proposed Hydro Corridor, said point being distant, 1839.52 feet, measured northerly therealong from the south east corner of the said Lot 23; THENCE N17°52'10"W, along the easterly limit of the said Lot 23, ° 724.75 feet, more or less, to the southerly limit of the said Highway 401; , b THENCE S73°57'00"W, along said southerly limit of Highway 401, 1318.95 feet, more or less, to the westerly limit of the said Lot 23; THENCE S17°39'00"E, along the said westerly limit of Lot 23, 708.17 `• feet, more or less, to the northerly limit of said proposed Hydro corridor; THENCE N74°10'30"E, along said northerly limit of the proposed Hydro corridor, 1322.35 feet, more or less, to the Point of Commencement. PART 2 ALL AND SINGULAR that certain parcel or tract of land and premises, situate lying and being in the Geographic Township of Clarke, in the Town of Newcastle, in the Regional Municipality of Durham, containing 38.5 acres, more or less, and being more particularly described as follows; PREMISING THAT the southerly limit of the said Lot 23, has a bearing of N72°48'20"E, and relating all other bearings used herein thereto; COMMENCING AT the south west corner of the said Lot 23; THENCE N72°48'20"E, along the southerly limit of the said Lot 23, 1336.35 feet, more or less, to the south east corner of the said Lot 23; THENCE N17°52'10"W, along the easterly limit of the said Lot 23, 1238.94 feet, to the southerly limit of a proposed Hydro corridor; THENCE 574°10'30"W, along the south limit of said corridor, 1324.35 feet, more or less, to the westerly limit of the said Lot 23; THENCE S17°41'00"E, a'.ong said a•esterl7 limit, 175.51 feet, to a point therein; THENCE S16°52'40"E, continuing along said westerly limit, 572.40 feet, to a point therein; 'I'iINCF. S17°34'20"1?, ~~mlinuiny, ninny, sriid westerly limit, 533.92 feet. u~ tho I'u int <~f Camm enccmcut . v' SCHED4L ":.u ~~~„ trBv J SCEIEDULE "C" SC?~IILE "D'~ 1, OYE FOOT itES~tt LS L v;,I, DESC:IIPT_IO;; Qr S•'.ID L'~.i~D.""> LEi:1L DESC.?T~'"iION OF r~~ISTIT;G SITE SITa °L'.1: Oi S'.LV?:G~ Y.'.HD Lt.11D D~DIC-".TIO;S 1218 ;~_ _ ni t n,~~•ri fn- st i+~/ itu,i~'c ~,'rr,;t:~s . . . ~. ~v~~~,arr Gcf/1. ,~.:? l J W /d Ci F id r5 ~~' < r'} S T` F of tSle. ~.'G,td~d nF Quh/*r4~^iJ in the moke nnth and soy: 1 am a subscribing Witness to the attached instrument non I .vas present and saw it executed ~' ~ 7/, it (-: F iu 1 <' ti,' ~ 7i:Lt i.IC 'aa4neu i4 n%/% /t ~ / 4oetneb rson Whose signature I witnessed is the party of the same name referred I verily believe that each pe . to in the instrument. $WQRN before me at the ' ° W ~~ d ~~ l~ I,y~: r~ 1 v.. f in the ~~ 4/t)!4 ~~ x~ aYer 7,~r~ /Jis/b~ L~ _ / // ~..,o....~~/'/1..,,...~ ;'~ Ci.. ~/~- - „ mokin Alr .rork or in (wN[n ehare<:m edd WheN ~ WtV b unable b read rhr :nrtrvmrnr nr whrrr • oe.[ly r~a.u ++V ¢ .cor oRo.rrev and (or Mrt ebuae rubatvure 1 urnly helleve Ihat the ire'ron uhoee "n/ler t r IrrrM1UmeN hod yrMttornrV%ortif.d^K o/eva~ll)a'ed IWl to urdrrrtand a". whr.r reecvt<d undo a pa inaen "fnanre o1 atbr.W) or none)". tiannhik I v~lt.waed roar a.rtho.laed a rzrrute the iMrurnmr a aren..Ky ( 1 1219 Ih WITtlEaS WffL~.'-X1? the i'nrtics hereto hove here~der set their hands ucr3 seals tfie dny and year first above written, and the Parties hereto have hereunto affixed 'Wieir Co.^pornte Seals by the hands of their proper officers duly auth- orized in Lust ba':alf: SIGHED, Sc:,L."..D i+IiO D;;7.,I4'EPWD in the presence of: S~`.L; tE (:~Ot.POfLSTIOEJ OP TfiE ibk'i7 C:' li~7C;+STLE (AJ'.d~: _.----_ l~~ - ~J L G ^k 4 ~~- (~ THIS F+Gfb;~~IT has been authorized and approved by By-law f ~k, ~~, enacted and passed the ...........~.~~:.... d~ of .......~~f':'7:.....••~.D •'~197•,~ .,. ., ~ , TifIS kGFE~3:T has been registered on the title to the lands doscribxi in Schedules ",1" and "B" hereto on the ................day of...,,,,,,,,„,;,.D., 'q7 . (4) 1220 ,. ~ I , •~~jr~~ I 1' F~ t ~\ ~ 'y ~. 1 0 L•J ~o~ ~~~~ O °' ~~~ r c~u' o ~K T] ~ 1 T n ' L } ni iD ~ :'~ N < A ` ~ Q C ~ r o. , -rl o c i f ~~ f~ ~I ~, N ~~ ~U m n, ~~ P~ 2 ~D a i f il R O C ~ r N ti 6 ~ ~ _~ N ~i ~ T N 9 a lZ~l W 8 o~ V-i O C7 4