HomeMy WebLinkAbout82-53•
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY -LAW NUMBER 82- 53
being a By -law to authorize the entering into of an Agreement with
Dr. Everett Turner and Dr. Janice S. Aluin.
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
Corporation's seal, an Agreement between Dr. Everett Turner and Dr.
Janice S. Aluin and the said Corporation dated the I3Ak day of
3 , 1982, in the form attached hereto as Schedule 'T'.
2. THAT Schedule 'T' attached hereto forms part of this
by -law.
BY -LAW read a first time this 26 day of April 1982
BY -LAW read a second time this 26 day of April 1982
BY -LAW read a third time and finally passed this 26 day of
April 1982
.-B—. � RICKARD, MAYOR
a - G,,ee,
0. W. OAKES, CLERK
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File No ...........
AqkzA
By-law No.- .......... I .5 -3-
DEVELOPMENT AGREEMENT MADE (in quintuplicate) this )a t-1- day of
/014 / 1982
B E T W E E N:
- and -
DR. EVERETT TURNER and DR. JANICE S. ALUIN
hereinafter called the "OWNERS" OF THE FIRST PART
THE CORPORATION OF THE TOWN OF NEWCASTLE,
hereinafter called the "TOWN" OF THE SECOND PART
WHEREAS the lands affected by this agreement, are described in
Schedule "A hereto and hereinafter referred to as the "said lands ";
AND WHEREAS the Owners have represented to the Town that the said
lands are registered in the names of Dr. Everett Turner and Dr.
Janice S. Aluin, who are the beneficial owners of the said lands as
stated in the Affidavit attached to this Agreement as Schedule "B ";
AND WHEREAS the Owners propose to establish a veterinary clinic and
animal hospital on the said lands; and have requested the Town to
approve the said development pursuant to the provisions of By -law
79-151 ;
AND WHEREAS the Town has resolved to approve the said development
pursuant to the said By -law 79 -151, provided that the Owners enter
into this Agreement with the Town;
AND WHEREAS the Owners warrant that they have entered, or will enter
into an Agreement with the Regional Municipality of Durham, for the
provision of services from King Street with the approval of the
Director of Public Works of the Town of Newcastle.
NOW THEREFORE, in consideration of the mutual agreements and
covenants hereinafter contained, the parties hereto agree as
follows:
1. Annexed hereto and marked as Schedule "C" is a site plan
showing the size, location, elevation and exterior architectural
design of the building which the Owners propose to erect on the "said
lands ", which shall be approved by the Director of Planning and the
Director of Public Works.
- 2 -
2. The Owners agree that no buildings or structures, other than
the building shown on Schedule "C" shall be erected on the "said
lands" and further, that in the construction of such building the
Owners will comply with the elevations, exterior architectural
design, the location of the buildings on the lot and all other
matters relating to the building shown on Schedule "C ". The Owners
further agree that prior to the issuance of building permits in
respect of the proposed future expansion of the building as shown on
Schedule "C" that an amendment to this Agreement shall be required
to facilitate such expansion.
3. PARKING AND LOADING
The Owners agree to provide and maintain
and driveway access in accordance with Schedule
accordance with specifications to be approved b
Public Works which shall include a surfacing of
off - street parking
"C" and to do so in
y the Director of
parking areas with
concrete or bituminious asphalt. No parking of vehicles shall be
permitted on access or driveway, areas which shall be signed and
maintained as fire access routes to the satisfaction of the Fire
Chief.
4. GARBAGE AND WASTE
(a) The Owners agree to provide and maintain enclosed garbage
and waste storage facilities as may be required by the
Town for the storage of garbage and other waste materials
from the buildings on the said lands, in accordance with
plans and specifications to be approved by the Director
of Public Works and the Fire Chief.
(b) The Owners further agree to remove garbage and other
waste materials as often as may be required by the
Director of Public Works and the Fire Chief.
5. SNOW REMOVAL
The Owners agree to remove all snow from access ramps,
driveways, parking areas, loading areas and walkways within twelve
hours of the cessation of any fall of snow and to do so in accordance
with the provisions of By -law 78 -119 of the Town of Newcastle in
respect of snow removal, as may be amended from time to time.
- 3 -
6. GRADING AND DRAINAGE
The Owners agree to undertake the grading of and provide for
at their cost the disposal of storm, surface and waste water from the
"said lands" and from any buildings or structures thereon in
accordance with plans and specifications to be approved by the
Director of Public Works and annexed to this agreement as a portion
of Schedule "C ".
7. FLOODLIGHTING
The Owners agree to provide floodlighting of the "said lands"
and building in accordance with plans and specifications to be
approved by the Director of Public Works and to refrain from erecting
or using any form of illumination which in the opinion of the Town
would cause any traffic hazard or would cause a disturbance to
residential uses adjacent to the "said lands ".
8. FENCING AND LANDSCAPING
The Owners agree to erect and maintain fences and plant and
maintain, trees, shrubs or other suitable ground cover in accordance
with plans and specifications to be approved by the Director of
Public Works and the Director of Planning to provide adequate
landscaping of the "said lands"
• 9. SIDEWALKS
The Owners agree to reco
specification, a sidewalk along
abut the "said lands" and which
as a result of the construction
and protection to adjoining lands.
istruct or repair, to the Town's
those portions of King Street which
may require reconstruction or repair
of the building and structures to be
erected on the "said lands ". The Owners further agree to provide
suitable pedestrian access between parking areas and the building
entrance in accordance with Schedule "C ".
10. APPROVAL OF PLANS AND SPECIFICATIONS
The Owners agree that the issuance of any building permit in
respect of the "said lands" shall be prohibited until all plans and
specifications required pursuant to this Agreement have been approved
by the Town.
- 4 -
11. REGISTRATION AND ENFORCEMENT
The Owners agree that the Town may register this Agreement
against the title to the "said lands" and that the Town may enforce
the provisions of this Agreement against the Owners of the "said
lands" and suject to the provisions of the Registry Act and the Land
Titles Act, R.S.O., 1979, as amended, against any and all subsequent
owners of the "said lands ". The Owners further agree to reimburse
the Town for all reasonable legal fees associated with undertaking
the registration of this Agreement.
12. APPROVAL OF COST ESTIMATES
The Owners agree that, prior to the issuance of any building
permit for the building identified on Schedule "C" hereto, the
• estimated cost of construction and installation of the external works
required by this Agreement, hereinafter called the "Works Cost
Estimate" shall be approved by the Director of Public Works and
annexed to this Agreement on Schedule "D ".
The said approved "Works Cost Estimate" shall be deemed to
have been included in this Agreement at the date of its original
execution, whether or not it was, in fact, so included and whether
or not it is, in fact, entered in Schedule "D" hereto.
13. PERFORMANCE GUARANTEE REQUIRED
(1) Prior to the issuance of any authorization to commence
work, the Owners shall provide the Town with a
"Performance Guarantee ", in the form of cash or.an
irrevocable letter of credit issued by a chartered
Canadian Bank in an amount equal to the "Works Cost
Estimate ". The "Performance Guarantee" may be used by
the Town as set out in clause 14 in the event that the
Owners fail to satisfactorily meet the requirements of
this agreement in respect of the provisions of the
specified works and facilities.
(2) All submissions made under clause (1) above, shall be
approved by the Treasurer of the Town.
- 5 -
14. USE OF PERFORMANCE GUARANTEE
The Owners agree that the Town may, at any time, by resolution
of Town Council, authorize the use of all or part of any Performance
Guarantee if the Owners fail to pay any costs payable by the Owners
to the Town under this Agreement by the due date of the invoice of
such costs.
15. BUILDING PERMIT
The Town agrees that upon the Owners complying with the
provisions of this Agreement respecting approval of all plans and
specifications required herein, building permits will be issued in
accordance with the plans subject to payment of the usual permit fees
• and other fees as are payable under by -law currently in force in the
Town and provided that all building plans comply with the Ontario
Building Code and such other Municipal By -laws as may be relevant.
16. LAPSE OF APPROVAL
In the event a building permit has not been issued to the
Owners within the period of two years hereinafter in this sentence
referred to, the parties agree that the Town's approval of the site
-plan and drawings referred to in paragraph number 1 hereof shall
lapse upon the expiry of two years from the date of the execution of
this Agreement.
17. CONSTRUCTION COMMENCEMENT
The Owners agree to commence construction of any building or
buildings for which a permit may be issued under Paragraph 15 hereof
as soon as is reasonably practicable following the issuance of any
such permit.
- 6 -
18. INTERPRETATION NOT AFFECTED BY HEADINGS
The division of this Agreement into paragraphs and the
insertion of headings are for convenience of reference only and shall
not in any way affect the interpretation of this Agreement.
IN WITNESS WHEREOF the parties have hereto affixed their hands
and seals and /or corporate seals by the hands of their proper signing
officers duly authorized in that behalf.
SIGNED, SEALED AND IVERED )
In the ese )
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THE CORPORATION OF THE TOWN OF
NEWCASTLE
B. RICKARD, MAYOR/
D. W. OAKES, CLERK
LIST OF SCHEDULES
A - Legal Description of Said Lands
B - Affidavit of Ownership
C - Site Plan including:
Location of Buildings
Landscaping and Fencing
Floodlighting
Grading and Drainage
D - Works Cost Estimate
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THIS IS SCHEDULE "A" to the Agreement which has been authorized and
approved by By -law No. g ' S 3 of the Town of Newcastle, enacted
and passed the 2-b t7\ day of A/-�Qi 1981 -.
LEGAL DESCRIPTION OF SAID LANDS
(metes and bounds description to be provided by Owner)
ALL AND SINGULAR that certain parcel or tract of land and premises
situate, lying and being in the Town of Newcastle, in the Regional
Municipality of Durham, Province of Ontario and being composed
of part of Town Lot Two (2), Block W, fronting on King Street,
according to John Grant's Plan of the former Town of Bowmanville,
forming part of original Township Lot Eleven (11) in the First
Concession of the Geographic Township of Darlington, formerly
in the County of Durham, later within the limits of said Town
of Bowmanville and now within the limits of said Town of Newcastle,
and being that portion of said Town Lot 2, Block W more particularly
designated as Parts Four (4) and Five (5) according to Plan
IOR -669, deposited in the Land Registry Office for the Registry
Division of Newcastle (No. 10) on October 29th, 1976.
SUBJECT to a right -of -way in favour of the owners from time
to time of Part 3 said Plan IOR -669, over and along that portion
of said Town Lot Two (2) more particularly designated as Part
Four (4) according to said Plan LOR -669.
IN WITNESS WHEREOF the parties have hereto affixed their hands and
seals and /or corporate seals by the hands of their proper signing
officers duly authorized in that behalf.
SIGNED, D ELIVERED
In th r of
WAI / On
L / __ -
IVA
I'M I J V
THE CORPORATION OF THE TOWN OF
THIS IS SCHEDULE "B" to the Agreement which
has been authorized and approved by By -law No.$i--S'2 of
the Town of Newcastle, passed the Z b f7, day of
1982.
AFFIDAVIT OF OWNERSHIP
I, Everett Mitchell Turner, of the Town of
Newcastle, in the Regional Municipality of Durham, MAKE
OATH AND SAY AS FOLLOWS:
1. I am one of the owners described in the attached
Development Agreement and as such have knowledge of the
matters hereinafter deposed to.
2. Everett Mitchell Turner and Janice Syliva
Alluin received a conveyance in fee simple to the lands
described in Schedule "A" hereto by a Deed registered as
Instrument Number 107011 for the Registry Dvision of Newcastle
(No. 10) on the 5th day of May, 1982. The transfer was
not subject to any mortgage.
SWORN before me at the
Town of Newcastle, in the
Regional Municipality of
Durham this e7 day of
Pte, ,, 1982. Dr. Everett M. Turner
'Z LP�
-gHE [X AalOfMR, I Dow"ya -slow
for taking Affidavits, Judicial District
of Durham, for Irwin A. Hamilton,
Barrister & Solicitor.
Expires May 2511, I" t
f
METRIC
DISTANCES SHOWN ON THIS PLAN ARE IN METRES
AND CAN BE CONVERTED TO FEET BY DIVIDING BY
0.3048
SITE, PLAN
OF PROPOSED VETERINARY CLINIC
WITHIN PART OF TOWN LOT 2, BLOCK two
ACCORDING 70 JOHN GRANTS PLAN OF THE
FORMER TOWN OF 60WMANVILLE ;
NOW WITHIN THE LIMITS OF THE
TOWN OF NEWCASTLE
REGIONAL MUNICIPALITY OF DURHAM
RESI
DENT 1A L- REAR YARDS
9
1.8m HIGH PRIVACY FENCING
TO 8E ERECTED ____ ---
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NOTES
(I I. HOOFED CARPORT TO BE REMOVED
W n
2. ALL SIGNS TO CONFORM TO TOWN OF NEWCASTLE'
BY - LAW 76 -250 AS AMENDED
3. ACCESS TO KING STREET TO BE IN ACCORDANCE WITH UHF
` K (A) ST R TOWN OF NEWCASTLE STANDARD DESIGN CRITERIA.
SCALE 1:200
}
+ UNFINISHED
cONCRETE BLOCK
BASEMENT ENTRANCE
it I I
4.45 I I I
I(
WINDOW EARS
SURGERY
C7
E
7
KAM
4
ROOM
WAITING
ROOM
EKAM
ROOM
2.44+ 2.44
PJBLIC
A a
N ENTRANCE N
N nj
326
TENTATIVE MAIN FLOOR PLAN
(SCHEMATIC ONLY)
SCALE 1:100
SITE SUMMARY
AREA • SUBJECT LANDS Iv 873 m2
EXISTING BUILDING COVERAGE 1~ 138 m2 - 15.8 %
WITH POSSIBLE FUTURE ADDITION It 65 m2 4 a 23.3%
V.
I
1111
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ENCtAS f G
1
ENTRANCE
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`T,
OVER
6'
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STOOP
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SURGERY
u 2 W `
PR EPARATION
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Isnc?
Cov`
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)
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WINDOW
WINDOW OARS
COUNTER
WASHROOM
DARK
ROOM
LABORATORY
a
PHARMACY
RECEPTION
_j
a
--
6 RECORDS
=
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7
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ROOM
WAITING
ROOM
EKAM
ROOM
2.44+ 2.44
PJBLIC
A a
N ENTRANCE N
N nj
326
TENTATIVE MAIN FLOOR PLAN
(SCHEMATIC ONLY)
SCALE 1:100
SITE SUMMARY
AREA • SUBJECT LANDS Iv 873 m2
EXISTING BUILDING COVERAGE 1~ 138 m2 - 15.8 %
WITH POSSIBLE FUTURE ADDITION It 65 m2 4 a 23.3%
V.
I
INSTALL
1
TENTATIVE BASEMENT FLOOR
(SCHEMATIC ONLY)
SCALE 1:100
1
`T,
1
L
INSTALL
1
TENTATIVE BASEMENT FLOOR
(SCHEMATIC ONLY)
SCALE 1:100
THIS IS SCHEDULE "C" to the Agreement which has been authorized
and approved by By -law No.fA -4-3 of the Town of Newcastle,
enacted and passed the Z6 tw, day of �,oy{ /L 1982
IN WITNESS WHEREOF the parties have hereto affixed their hands
and seals and/or corporate seals by.the hands of their proper
signing officers duly authorized in that behalf.
SIGNED, SEA AND rLIVERED
In the P se f:.
DR. EVERE T TURNER
DR. ANICE S. ALUIN
THE CORPORATION OF TH OWN
OF NEWC STLE
)- MAYOR
CLERK
APP
DIFECTC%
8z - cos —ii
5e- ,
E PLAN
!NG
WORKS
THIS IS SCHEDULE "D" to the Agreement which has been authorized and
approved by By -law No Ag --n of the Town of Newcastle, enacted and
passed the 7. b day of A-° 'Q I L 1981 -.
WORKS COST ESTIMATE
(to be determined)
1) Install 7' of 8" concrete sewer from property
line to the Town of Newcastle catch basin as per
specifications
2) Restoration of Town of Newcastle Property
3) Application of Town of Newcastle Road
Occupancy Permit
$850.00
Contingency 150.00
TOTAL: $1,000.00
IN WITNESS WHEREOF the parties have hereto affixed their hands and
seals and /or corporate seals by the hands of their proper signing
officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED
In the Pres e
EVERETT TURNER
THE CORPORATION OF THE TOWN OF
NEWCASTLE
T
s
DYE A DURHAM CO. LIMITED
FORM NO. 114
AFFIDAVIT OF 811P CRIBTNG WITNESS.
.
I. TERRANCE T. EDWARDS
of the Town of Newcastle
in the Regional Municipality of Durham
make oath and say:
I am a subscribing witness to the attached instrument and I was present and saw it executed
at the Town of Newcastle by Dr. Everett Turner and Dr. Janice Aluin
•see footnote
•sae footnote
I verily believe that each person whose signature I witnessed is the party of the same name referred to in
the instrument.
SWORN before me at the Town of Newcastl e
Regional Municipality of Durham
. this 4th day of May 19 82
Marjorie Edith ,Best, a Corn,
nissioT__r, etc.,
Judicial District of Durhann, fcr 1711e a
Corporation of the To.vn yJ2,(,17�pp
lre�O�gS$IERI2T AqFIDAiIT; @rF'St1e.
• / 4
Where a party is unable to road the instrument or where a party signs by making his mark or in foreign characters add "a/&r the instrument had been read to
him and he appeared /ally to understand it". Where executed under a power of attorney insert "(name ofattorney) as attorney for (name ofpaty) "; and for next
clause substitute I eerily believe that the person whose signature l witnessed was authorized to execute the instrument as attorney for (name) ".
AFFIDAVIT OF SUBSCRIBING WITNESS
• h
of the
in the
make oath and say:
I am a subscribing witness to the attached instrument and I was present and saw it executed
at by
*See footnote
-sus footnote
I verily believe that each person whose signature I witnessed is the party of the same name referred to in
the instrument.
SWORN before me at the
this day of 19
A COMMISSIONER FOR TAKING AFFIDAVITS, ETC.
Where a party is unable to read the instrument or where a party signs by making his mark or in foreign characters add "after the instrument had been read to
him and he appeared fully to understand it". Where executed under a power of attorney insert "(name ofattorney) as attorney for (name ofparty) "; and for next
clause substitute I eerily believe that the person whose signature / witnessed was authorized to execute the instrument as attorney for (name)'.
107-31
4 No.
Registry Divis+on of Newcastle (No.10) TED
1 CERTIFY that this instrument is regisixW
A
MAY 31 PM'Upp
Z 0 &t W E E N:
O f�eR ERETT TURNER and
Bowmanriih3i ANICE S. ALU I N
Ontario, iarrd
- and -
A$ ANY
2
M.
THE CORPORATION OF THE TOWN OF NEWCASTLE
DEVELOPMENT AGREEMENT
The Corporation of the Town of Newcastle
Planning Department
Municipal Offices
HAMPTON, Ontario, LOB 1JO
File: S- P -2 -30
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