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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 WWbdVI O O 0 ct- N. ° (D RD F-J CO CA (D (t .. mFj .. oct- w .. c-h (D W v .. y.. O •• txj z H O t� O z tj .. O •• O .. n H •• 0•• H r .. •►: • • H �d t� CZ O � Imi Fd 0 O H H O z r� O A, w ch (D N a V N m •• •• ct ca a •• .. .. z .. .. .. got -+ .. •. •. ct ►-h 0) •• tb td W Ca OOA- i� X40 .. .. .. F4 N, Pr EQ (D .. •• .. CO Eg 02 •• .. O O ct •• td o � to W H - (D r •• O a H •• •• < ct V N •• •• co rn ct* (D �. Ct- •• O .. F16 (o CO .. .. '"s .. z • • O ci- ',Y .. ct t'l •• O •• rn ca .• tO� �w ct • V .. .. cr .. .. y .. c,. (D .. CD X •• t=i •• o ct •• - 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 WWbdVI O O 0 ct- N. ° (D RD F-J CO CA (D (t .. mFj .. oct- w .. c-h (D W v .. y.. O •• txj z H O t� O z tj .. O •• O .. n H •• 0•• H r .. •►: • • H �d t� CZ O � Imi Fd 0 O H H O z r� O A, w ch (D N a V N m •• •• ct ca a •• .. .. z .. .. .. got -+ .. •. •. ct ►-h 0) •• tb td W Ca OOA- i� X40 .. .. .. F4 N, Pr EQ (D .. •• .. CO Eg 02 •• .. O O ct •• td o � to W H - (D r •• O a H •• •• < ct V N •• •• co rn ct* (D �. Ct- •• O .. F16 (o CO .. .. '"s .. z • • O ci- ',Y .. ct t'l •• O •• rn ca .• tO� �w ct • V .. .. cr .. .. y .. c,. (D .. CD X •• t=i •• o ct ••