HomeMy WebLinkAbout1902A BY -LAW TO ESTABLISH AN EXTENSION OF
DURHAM STREET SUBJECT TO CERTAIN RESERVATIONS.
WHEREAS the Goodyear Tire and Rubber Company of Canada Limited
hereinafter called "Goodyear" is constructing an addition to its factory
premises in the Town of Bowmanville which will bring advantage to the
Corporation of the Town of Bowmanville, hereinafter called the "Town"
and its residents.
AND WHEREAS the Town has agreed to open up and establish an exten-
sion of Durham Street to provide access to the said factory addition,
AND WHEREAS by Indenture of Deed dated the 21st day of February
196+ Goodyear has conveyed to the Town the lands required for the
extension of Durham Street upon certain conditions therein set out con -
cerning the right of Goodyear to have the said extension closed and
reconveyed to it at a price equal to the funds expended by the Town in
establishing the said street upon Goodyear requiring the said lands for
the extension of their buildings or improvement of their property.
NOW THEREFORE pursuant to the Municipal Act R .S.O. 1960 chapter
249 sections 416 (2) and 459 (1) (a) The Council of the Corporation of
the Town of Bowmanville HEREBY ENACTS as follows:
1. That the Town accept the said conveyance dated the 21st day
of February 196+ for the purpose of establishing an extension
to Durham Street subject to the rights and reservations therein
set out and that the Clerk register the said conveyance in the
Registry Office for the Registry Division of the West Riding
of the County of Durham.
2. That the said lands so conveyed to the Town and more particularly
described in Schedule "A " hereto and shown outlined in red on
Schedule "B" be and are hereby established as a public highway
subject to the said reservations.
3. That the said lands established as a public highway be known as
Durham Street.
4. That the Mayor and Clerk be and are hereby authorized on behalf of
the Town to execute an agreement with Goodyear in the form hereto
annexed as Schedule 10
By -Law given its first, second and third readings
and finally passed this 2nd day of March, A.D. 1964.
Mayor
.1L
Cler
s '
SCHEDULE "All
ALL AND SINGULAR that certain parcel or tract of land and pemises
situate, lying and being in the Town of Bowmanville, in the Township
of Darlington, in the County of Durham, in the Province of Ontario,
and being composed of part of Lot 12 in the First Concession in the
said Town of Bowmanville, described as follows:
PREMISING that the Northerly limit of Durham Street has a bearing of
North 47 degrees East and relating all bearings herein thereto;
BEGINNING at the point of intersection of the Northerly limit of
Durham Street with the Easterly limit of said Lot 12, the last -
mentioned limit being also the Easterly limit of the Canadian
National Railway Industrial Spur right -of -way;
THENCE South 50 degrees 10 minutes 40 seconds West a distance of
one hundred and seven and one -tenth feet (107.11) to an iron bar
planted in the Westerly limit of the said Railway right -of -way, said
iron bar marking the POINT OF COMMENCEMENT of the lands to be herein
described;
THENCE south 47 degrees West a distance of one hundred and forty -
three and sixty -two one- hundredths feet (143.621) to an iron bar;
THENCE south 72 degrees 03 minutes West a distance of two hundred
and thirty -three and six - tenths feet (233.601) to an iron bar;
THENCE South 18 degrees 50 minutes East a distance of sixty -six and
one one - hundredth feet (66.011) to an iron bar;
THENCE North 72 degrees 03 minutes East a distance of two hundred and
forty -seven and twenty -four one - hundredths feet (247.241) to an iron
bar;
THENCE North 47 degrees East a distance of one hundred and twenty -
eight and sixty -six one- hundredths feet (128.661) to an iron bar
planted in the Westerly limit of the said Railway right -of -way;
THENCE North 18 degrees 50 minutes West along the said Westerly limit
a distance of seventy -two and thirty -four one- hundredths feet (72.341)
more or less to the POINT OF COMMENCEMENT.
The lands herein conveyed are shown outlined in red on a plan of
survey made by M.D. Brown and dated February 15th, 1964, which is
attached hereto.
u ,�
SCHEDULE "C"
M E M O R A N D U M O F A G R E E M E N T
made in duplicate this 2nd day of March, A.D. 1964.
B E T W E E N:
THE CORPORATION OF THE TOWN OF BOWMANVILLE,
hereinafter called the "Town"
OF THE FIRST PART:
THE GOODYEAR TIRE AND RUBBER COMPANY OF
CANADA LIMITED,
hereinafter called "Goodyear"
OF THE SECOND PART:
WHEREAS by Indenture of Deed dated the 21st day of
February 1964 Goodyear has conveyed to the Town certain lands
required for the extension of Durham Street leading to an
addition to its factory being constructed by Goodyear subject
to certain reservations therein contained concerning the right
of Goodyear to have the said street extension closed and stopped
up and re- conveyed to Goodyear;
AND WHEREAS by By -Law No. &R . passed on the 2nd day
of March 1964 the Town accepted the said conveyance and established
the said extension of Durham Street as a public highway subject
to the said reservations;
AND WHEREAS said By -Law authorized the Town
to enter into this agreement;
NOW THEREFORE in consideration of the said conveyance
from Goodyear to the Town and the sum of ONE DOLLAR---- ($1.00) - --
now paid by Goodyear to the Town, the receipt whereof is hereby
acknowledged the Town for its successors and Assigns HEREBY
COVENANTS AND AGREES with Goodyear, its successors and assigns
as follows:
1. The Town confirms the said reservations set out in the
and
Indentures of Deed dated the 21st day of February 1964/accepts
the said extension of Durham Street so conveyed subject to the
said reservations as follows;
"SUBJECT TO the reservation and right of the Goodyear its
successors and assigns to have the said public street and
lands or any part thereof closed and stopped up and re-
- 2 -
conveyed to it for a purchase price equal to the total
of all funds actually expended by the Town in establishing
the said public street, upon the Goodyear requiring the
said lands for the extension of its buildings or improve -
,written
ment of its property and delivering a /notice to this efffect
to the Town, provided always that the Town,shall lawfully
comply with all necessary legislation of the Province of
Ontario from time to time in effect concerning the closing
and stopping up of highways and the sale thereof."
2. The Town agrees not to pass any by -laws or enter into or
engage in any expropriation procedure for the purpose of extend -
ori 11south
ing Durham Street further to the west /without the consent of
Goodyear
3. The Town agrees to pass all by -laws and do all things
necessary to cargy out the terms and intent of the said reserva-
tion and this agreement provided always such by -laws are passed
and things done in confmrmity with the legislation of the Province
of Ontario from time to time in effect concerning the closing
and stopping up of highways and the sale thereof.
IN WITNESS WHEREOF the Town has hereunto set its CorporatE
Seal attested by the hands of its duly authorized officers.
SIGNED, SEALED AND DELIVERED
in the presence of
THE CORPORATION OF THE TOWN OF
BOWMANVILLE
44 M__
Mayor
Clerk
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conveyed to it for a purchase price equal to the total
of all funds actually expended by the Town in establishing
the said public street, upon the Goodyear requiring the
said lands for the extension of its buildings or improve -
,written
ment of its property and delivering a /notice to this efffect
to the Town, provided always that the Town,shall lawfully
comply with all necessary legislation of the Province of
Ontario from time to time in effect concerning the closing
and stopping up of highways and the sale thereof."
2. The Town agrees not to pass any by -laws or enter into or
engage in any expropriation procedure for the purpose of extend -
ori 11south
ing Durham Street further to the west /without the consent of
Goodyear
3. The Town agrees to pass all by -laws and do all things
necessary to cargy out the terms and intent of the said reserva-
tion and this agreement provided always such by -laws are passed
and things done in confmrmity with the legislation of the Province
of Ontario from time to time in effect concerning the closing
and stopping up of highways and the sale thereof.
IN WITNESS WHEREOF the Town has hereunto set its CorporatE
Seal attested by the hands of its duly authorized officers.
SIGNED, SEALED AND DELIVERED
in the presence of
THE CORPORATION OF THE TOWN OF
BOWMANVILLE
44 M__
Mayor
Clerk
WWbdVI
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