HomeMy WebLinkAbout82-55•
•
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY -LAW NUMBER 82- 55
being a By -law to authorize the entering into of an Agreement with
the Roman Catholic Episcopal Corporation.
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 the Roman Catholic Episcopal
Corporation and the said Corporation dated the �?O+k day of (� ,
1982, in the form attached hereto as Schedule 'T'.
2.
by -law.
THAT Schedule 'T' attached hereto forms part of this
BY -LAW read a first time this 26
BY -LAW read a second time this 26
day of April 1982
day of April 1982
BY -LAW read a third time and finally passed this 26 day of
April 1982
.~B. RIC ARD, MAYOR
a). 044006A,
D. W. OAKES, CLERK
FFileo
B law
DEVELOPMENT AGREEMENT MADE (in quintuplicate) this % =,"fK day of
1982
I
BETWEEN:
- and -
ROMAN CATHOLIC EPISCOPAL CORPORATION
hereinafter called the "OWNER" 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 Owner has represented to the Town that the said lands
are registered in the name of the Roman Cathoic Episcopal Corporation
which is the beneficial owner of the said lands as stated in the
affidavit attached to this agreement as Schedule "B ";
AND WHEREAS the Owner proposes to erect a church and rectory on the
said lands; and has requested the Town to approve the said
development pursuant to the provisions of By -law 79 -151;
into this Agreement with the Town;
AND WHEREAS the Owner acknowledges that the lands will not be
serviced by a municipal sewer or water system and each building or
structure to be erected or altered shall be serviced by a private
well and a private sanitary waste disposal system as approved and /or
required by the Durham Regional Health Unit.
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 Owner proposes to erect on the "said
lands ", which shall be approved by the Director of Planning and the
Director of Public Works.
AND WHEREAS
the
Town
has resolved to
approve
the said
development
pursuant to
the
said
By -law 79 -151,
provided
that the
Owner enter
into this Agreement with the Town;
AND WHEREAS the Owner acknowledges that the lands will not be
serviced by a municipal sewer or water system and each building or
structure to be erected or altered shall be serviced by a private
well and a private sanitary waste disposal system as approved and /or
required by the Durham Regional Health Unit.
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 Owner proposes to erect on the "said
lands ", which shall be approved by the Director of Planning and the
Director of Public Works.
t
- 2 -
2. The Owner agrees 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
Owner 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 ".
3. PARKING AND LOADING
The Owner agrees to provide and maintain off - street parking
and driveway access in accordance with Schedule "C" and to do so in
accordance with specifications to be approved by the Director of
Public Works which shall include a surfacing of parking areas with
concrete or bituminious asphalt. No parking of vehicles shall be
40 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 Owner agrees 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 Owner further agrees 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 Owner agrees to remove all snow from access ramps,
driveways, parking areas, loading areas and walkways within twelve
(12) hours of the cessation of any fall of snow.
6. GRADING AND DRAINAGE
The Owner agrees to undertake the grading of and provide for
at his 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 ".
- 3 -
7. FLOODLIGHTING
The Owner agrees 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 Owner agrees to erect and maintain fences and plant and
maintain, trees, shrubs or other suitable ground cover in accordance
with Schedule "C ", to provide adequate landscaping of the "said
lands" and protection to adjoining lands.
• 9. WALKWAYS
The Owner agrees to provide pedestrian access to the
buildings, in accordance with Schedule "C ".
10. APPROVAL OF PLANS AND SPECIFICATIONS
The Owner agrees 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.
• 11. REGISTRATION AND ENFORCEMENT
The Owner agrees 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 Owner of the "said
lands" and subject 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 Owner further agrees to reimburse
the Town for all reasonable legal fees associated with undertaking
the registration of this agreement.
12. APPROVAL OF COST ESTIMATES
The Owner agrees that, prior to the issuance of any building
permit for the building identified on Schedule "C" hereto, the
1 f '
1 � 1
t.
- 4 -
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 Owner 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
Owner fails 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.
14. USE OF PERFORMANCE GUARANTEE
The Owner agrees 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 Owner fails to pay any costs payable by the Owner 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 Owner 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.
,
4'
-'5 -
16. LAPSE OF APPROVAL
In the event a building permit has not been issued to the
Owner 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 Owner agrees 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.
• 18. INTERPRETATION NOT AFFECTED BY HEADINGS
0
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
corporate seals by the hands of their proper signing officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED j ROMAN CATHOOLIC EPISCOPAL CORPORATION
OF K"FERBOROUGH
Zt#
E
THE CORPORATION OF THE TOWN OF
jNEWCASTLE,,-,- _
MAYUK
CLERK
)`
1
0
0
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
THIS IS SCHEDULE "A" to the Agreement which has been authorized and
approved by By -law No. of the Town of Newcastle, enacted
and passed the 7.t. 1-4 day of `� 1982.
LEGAL DESCRIPTION OF SAID LANDS
ALL AND SINGULAR that certain parcel or tract of land, situate, lying
and being in the Town of Newcastle in the Regional Municipality of
Durham , more particularly described as follows:
FIRSTLY:
Firstly, part of Lot 29, Concession 3, in the former Geographic
• Township of Darlington, now in the Town of Newcastle, in the Regional
•
Municpality of DUrham, and being more particularly described in
registered Instrument No. 101105 for the Registry Division of
Newcastle, No. 10. o_o �� A_o'oL� `"W'
IN WITNESS WHEREOF the parties have hereto affixed their corporate
seals by the hands of their proper signing officers duly authorized
in that behalf.
)ROMAN CATHOLIC EPISCOPAL CORPORATION
UP UFJ1tfERbURUUGH
PARISH-PRIES[, ST. ERESA'S
THE CORPORATION OF THE TOWN OF
NEWCASTLE
SCi1L•'I;UJ1 �'
s . r
TALL AND SINGULAR that certain parcel or tract
of land and premises situate, lying and being in the Town
of Newcastle, in the Regional Municipal.ity of Durham (formerly
in the County of Durham) and being composed of part of Lot
29, Concession 3, of the geographic Township of Darlington,
the boundaries of the said lands are described as follows:
PREMISING that the North 72 degrees 04 minutes 46 seconds East
astronomic of the south limit of County Road Number 1 as
shown on Deposited Plan dumber 7697 governs all bearings
mentioned hereafter;
COMMENCING at a point in the east limit of Lot 29, distant
532.51 feet measured South 18 degrees 42 minutes East thereon
from the northeast angle thereof;
• THENCE South 18 degrees 42 minute's East along the said -east
limit a distance of 24.87 feet to a point;
—? THENCE South 14 degrees 08 minutes East along the west limit
of County Road Number 3 a distance of 302.21 feet to a point;
THENCE South 72 degrees-07 minutes 40 seconds West along a
fence a distance of 613.33 feet to a point;
THENCE South 71 degrees 40 minutes 10 seconds West continuing
along the said fence a distance of 466.97 feet to a point;
• THENCE South 69 degrees 45 minutes 10 seconds West continuing
along the said fence a distance of 212.91 feet to a point in
the existing west limit of said Lot 29;
THENCE North 18 degrees 57 minutes
said west limit a distance of 324.
THENCE North 70 degrees 21 minutes
fence a distance of 160.83 feet to
THENCE North 71 degrees 17 minutes
along the said fence a distance of
THENCE North 71 degrees 45 minutes
along the said fence a distance of
THENCE North 72 degrees 00 minutes
along the said fence a distance of
of commencement.
20 seconds West along the
59 feet to a point;
10 seconds East along a
a point;
30 seconds East continuing
325.00 feet to a point;
50 seconds East continuing
669.71 feet to a point;
30 seconds East continuing
163.14 feet to the point
Above described parcel of land contains by admeasurement an
area of 9.72 acres more or less.
.P
t �
S
THIS IS SCHEDULE "B" to the Agreement which has been authorized and
/
approved by By -law No. $ of the Town of Newcastle, enacted
and passed the '� day of 1982.
AFFIDAVIT OF OWNERSHIP
(to be provided by Owner)
I, Leo Anthony Cleary, Parish PrieFt, St. Theresa Parish,
make oath and say:
'Roman Catholic Episcopal Corporation is the absolute owner of
ALL AND SINGULAR that certain parcel or tract of land,
situate, lying and being in the Town of Newcastle in the
Regional Municipality of Durham, more particularly described
as follows:
FIRSTLY:
• Firstly, part of Lot 29, Concession 3 in the former
Geographic Township of Darlington, now in the Town of
Newcastle, in the Regional Municipality of Durham, and being
more particularly described in refristered Instrument No. 101105
for the Re, Division of PIeT�tcastle, No. 10 o_J �
O( L_ m
Swrorn before me at the Town of Newcastle in the Regional
• Municipality of Durham this 17 day of �� A.D. 1982
"Zarjorie Edith Best, a Commissioner, etc.,
udici I Diti.ct of Durham, for The
Corpor_�tio i of the Town of Newcastle:.
I
xpires July 6, 1982. %�
7
Leo Anthony leary
•
•
,p
SCll1I11101 1 '__W
ALL AND SIOGULAR that certain parcel or tract
of land and premises situate, lying and being in the Town
of Newcastle, in the Regional Municipality of Durham (formerly
in the County of Durham) and being composed of part of Lot
29, Concession 3, of the geographic Township of Darlington,
the boundaries of the said lands are described as follows:
PREMISING that the North 72 degrees 04 minutes 46 seconds East
astronomic of the south limit of County Road Number 1 as
shown on Deposited Plan Number 7697 governs all bearings
mentioned hereafter;
COMMENCING at a point in the east limit of Lot 29, distant
532.51 feet measured South 18 degrees 42 minutes East thereon
from the northeast angle thereof;
THENCE South 18 degrees 42 minute's East along the said east
limit a distance of 24.87 feet to a point;
THENCE South 14 degrees 08 minutes East along the west limit
of County Road Number 3 a distance of 302.21 feet to a point;
THENCE South 72 degrees-07 minutes 40 seconds West along a
fence a distance of 613.33 feet to a point;
THENCE South 71 degrees 40 minutes 10 seconds West continuing
along the said fence a distance of 466.97 feet to a point;
THENCE South 69 degrees 45 minutes 10 seconds West continuing
along the said fence a distance of 212.91 feet to a point in
the existing west limit of said Lot 29;
THENCE North 18 degrees 57 minutes 20 seconds West along the
said west limit a distance of 324.69 feet to a point;
THENCE North 70 degrees 21 minutes 10 seconds East along a
fence a distance of 160.83 feet to a point;
THENCE North 71 degrees 17.minutes 30 seconds East continuing
along the said fence a distance of 325.00 feet to :a point;
11'HENCE North 71 degrees 45 minutes 50 seconds East continuing
along the said fence a distance of 669.71 feet to a point;
THENCE North 72 degrees 00 minutes 30 seconds East continuing
along the said fence a distance of 163.14 feet to the point
of commencement.
Above described parcel of land contains by admeasurement an .
area of 9.72 acres more or less.
r'
j
f.
r
M _
>Xr•-
.,
i
s
�rs�r- r•-- •�- ___�_..�..v,.___._..__ •' . :_.e,r.an.�.t :.- >r.}',:ar.•- +cm:ar try -: m,T_wsaac:c.-KZZ ac�Y.�: s 1
-�� ' --- - .._. - _.___ -- ..: _: -'__ -_s_ �._._.__ _r. - -�. - __._�`=- �e�___s:�rr- ssr�•r - r— r`...rN l� - = -._
.; i ...._� ._...._ . -... ..... _ ..._. .__. -, - «_ �.... �.. ...,__..._ _ -.'_ ..a :. ^R. «'.'J'•. F:.r_. �.a�2:.t.�G. ..,,.xESr3i: - _.. �.. _
�.C...r.rs+�►r.ntt-rr,. .rmo�w+ -x -r wsw: yea'. �t: s+ Trr• ro+-. nr�^ F�'YK'�+v�rsrn��w..�.�.ur, -Jw + exw,p,H,sn.vv- ta.+.r.,. -m��a r�*�v+ucs R••�..:ve.> �+!t'[r,_n .- rnr.�- �... -�.: it:a_�.:.ba .YtM%�+�!4'�:4
i
E
i
I-- _ _ __ __ _ _ -_- -- _ ` - __ ]
�It
tt .� t
i r
.,
Iry
)VIV,
A,
r,
f
t
r'
j
f.
r
M _
>Xr•-
.,
i
s
�rs�r- r•-- •�- ___�_..�..v,.___._..__ •' . :_.e,r.an.�.t :.- >r.}',:ar.•- +cm:ar try -: m,T_wsaac:c.-KZZ ac�Y.�: s 1
-�� ' --- - .._. - _.___ -- ..: _: -'__ -_s_ �._._.__ _r. - -�. - __._�`=- �e�___s:�rr- ssr�•r - r— r`...rN l� - = -._
.; i ...._� ._...._ . -... ..... _ ..._. .__. -, - «_ �.... �.. ...,__..._ _ -.'_ ..a :. ^R. «'.'J'•. F:.r_. �.a�2:.t.�G. ..,,.xESr3i: - _.. �.. _
�.C...r.rs+�►r.ntt-rr,. .rmo�w+ -x -r wsw: yea'. �t: s+ Trr• ro+-. nr�^ F�'YK'�+v�rsrn��w..�.�.ur, -Jw + exw,p,H,sn.vv- ta.+.r.,. -m��a r�*�v+ucs R••�..:ve.> �+!t'[r,_n .- rnr.�- �... -�.: it:a_�.:.ba .YtM%�+�!4'�:4
i
E
i
I-- _ _ __ __ _ _ -_- -- _ ` - __ ]
v
,.... .._... ._... _ Y" may- �-..,.,.. �..-...,,._,.-,.«..-- �.« t-....,. �-..- �-.- �. .,...,,..�>- �•...,...,....v.,�: . �-. .._..,...3,,;- .�.,- .,- _....� -.. ,4�.,...,,..�._ _ ,`...�..,.- ._.�•..-
.ATM ...:'.. ". " .:: as, ,•.w,,,,,:.�... -r. -:,� ..- �.. .. ,. _.
u-
.._
,
---- -.-- -. ,..�.. ,^..... w,.�.»«- ,w o.�.w.w. - :�...•�r_ .-r e- 'r-- �' . ^.°- -r-- -- .- ....+w... s •..r.._ .,n,.,. d•. - y.+,. +w.^i+w.Ya++_w .r wr.f!'k+r'+` _ .
}
�It
tt .� t
i r
.,
Iry
)VIV,
A,
v
,.... .._... ._... _ Y" may- �-..,.,.. �..-...,,._,.-,.«..-- �.« t-....,. �-..- �-.- �. .,...,,..�>- �•...,...,....v.,�: . �-. .._..,...3,,;- .�.,- .,- _....� -.. ,4�.,...,,..�._ _ ,`...�..,.- ._.�•..-
.ATM ...:'.. ". " .:: as, ,•.w,,,,,:.�... -r. -:,� ..- �.. .. ,. _.
u-
.._
,
---- -.-- -. ,..�.. ,^..... w,.�.»«- ,w o.�.w.w. - :�...•�r_ .-r e- 'r-- �' . ^.°- -r-- -- .- ....+w... s •..r.._ .,n,.,. d•. - y.+,. +w.^i+w.Ya++_w .r wr.f!'k+r'+` _ .
}
r r�F
�It
tt .� t
l •t
.,
Iry
)VIV,
r r�F
. i
b.
N
r
F'. `l'/. L.
�1G'3
3'
1WG3
17771T,
.�"
rr
III 1 11
If'.
III
N
0
a�.- ...sh. S.. .�.M.�.� .n �-. yam{ -• a ,��� yy J, �y��
< ,i
.�I
4.
r .
L
y- ,
f�. � ,. �
i '
f
}
%.
�'
F `
F Y
s ..
`- ` '
l
t r
�`��- �.
E
r'..
�.
M
''.
A
f t
�. ��
F' '
F.
b
r-
F4 .
k ..
t
S
s
f .
fA .`
k
l
5.
t_
�u
1;
r'
G'
i• .
r
� 4
e.
E
e.
k
1;
r'
G'
i• .
r
Y �d 4
f 1
v ,a -
(
•e•
,
r
f,
-
• ♦ a
_
{'
T ,
- w j
-N rtr. e. , n • r. /`y.w...�' .- ., 4.r C_ ,,.• uYv• �*- y
rtr • • !9
P
} • ,
•+y a u
,
"1 r
r .
a +t
t Si TE P L. Y
k
a
,
a
<
1
�.
,j•�+� rE.
-. .-..,. - .. .: , r _ A. jam, ♦ •k'.F `€'.- - ,
z
r
e:
,
: i -. +... -- C .: '�1.- - .n . . .. . 4.,.. < 1 s ... ,. 4 t Y }, f ° +ww1.v1L•+'eYM+rwv.a.e,Y
. r :. ---.» r.w°. . , -.. v - r N ,,. .. _ - -t� P.. ...,... r..+... w..a...,.enrs•.-- �r..+.**..e ».. -
, s -, _ i+ '. .. ... .: -.- ,.,". ,a .. a., _ n .. .:. ._. -. ,. J. 1. k: _ - k •
. w.S- •l..a..__ a w .., J. _ _ ,i., }s-. t:r 1 !' rT 'l.. C�C•S;M
....a°+ -�,.. _ a ,a. •S ,.ti .:i '.. C` r . t. -<. r'..:Al. � x 2:
,..ter... 'r r .,. `-� '" !•: w t r . � ":
p
r
,., . .i - "'•pr's ^ -+.. , . -. � r •.. .,. +. f:. r< '•. . <. _ j aM'!f,
c :. +
r+- •.+,- ...._ i .. 6.- ) . n 4 .. 1 F+.• 7 w � � L •ro.+" c^ 14D � `r.✓� � ��-
-
': .. . r - :. ,.,+.•�,.: " .Jr ... , r r. - . , .F � ' � r: - �- .`p Q: .. s v J 't �. , sr ='
a
i
1,
w
,
r
..; .. „.: ,, '•"^+---- ...,a..,....e 4 a1':• T��,'r ,r`:. ..: i- � `wer+•+r.I i � - rs'4 _ ', ^:f fix. t d
-
(
a ,
,
,
r
,
t
r
-
•
R
t'
k
, n
l
r
r ,
r
t -.
0
0
THIS IS SCHEDULE "D" to the Agreement which has been authorized and
approved by By -law No. �� of the Town of Newcastle, enacted and
passed the ��� f �
day of 10-,e-4 1982.
WORKS COST ESTIMATE
(to be de%ecmiaedll,
J
IN WITNESS WHEREOF the parties have hereto affixed their corporate
seals by the hands of their proper signing officers duly authorized
in that behalf.
)ROMAN CATHOLIC EPISCOPAL CORPORATION
)F PETE OUGH
} PARISR-PR-rEST, ST. THER A'S
)
THE CORPORATION OF THE OWN OF
NEWCASTLE
AYOR
CLERK
)
}
1 V
i
0
,O
/ 1
.DATED: 1982
BETWEEN:
ROMAN CATHOLIC EPISCOPAL CORPORATION
- and -
THE CORPORATION OF THE TOWN OF NEWCASTLE
4 O Is_1-
DEVELOPMENT AGREEMENT
T. T. Edwards, M.C.I.P.
Director of Planning
The Corporation of the Town of Newcastle
Planning Department
Municipal Offices
HAMPTON, Ontario, LOB 1JO
File: S- P -1 -20
Registry D;sion
v�of Re;Jct.�D"
i CERTIFY that this imutrtnnent is register as al
A.
MAY 31 222 FM '8Z rn we
Land RegisM►,
Office at /� �"
Bowmanviq�j
Ontario, (fib