HomeMy WebLinkAboutPD-200-84 Q
CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director
HAMPTON,ONTARIO LOB UO TEL.(416)263-2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF DECEMBER 17, 1984
REPORT NO. : PD-2.00-84
SUBJECT: AGREEMENT BETWEEN DIETRICH DAMMANN AND THE TOWN
OF BOWMANVILLE PLANNING BOARD AND THE
CORPORATION OF THE TOWN OF BOWMANVILLE
- DATED SEPTEMBER 14, 1957, INSTRUMENT NO. 4578
REQUEST FOR RELEASE OF AGREEMENT
RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the
following :
1 . That Report PD-200-84 be received; and
*
2. That the attached authorizing -by-law permitting
the release of an agreement between Dietrich
Dammann, and the Town of Bowmanville Planning
Board and the Town of Bowmanville , dated
September 14, 1957, being registered as
Instrument No. 4578, be approved.
. . .2
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page 2
REPORT NO. : PD-200-84
STAFF COMMENTS:
A letter from Mr. Ronald F.
Worboy, on behalf of a previous
owner (John A.J. Bolahood) , was submitted identifying the
requesting the Town' s
above-noted agreement and same. Staff would note for
consideration of releasing registered
Committee' s information that the context ntf to the of a
agreement concerns itself with the
sum of money ($4.00/foot) upon any subdivision of, or
construction of more than one residence on any portion of
the said lands.
Copies of the draft releasing
and registered agreements were
forwarded to the Works Department for their onsi de ast a n•
No objections to the release of same were provid
result of their review.
taff would note for Committee' s information that wiA 9n
y-law 84-63, the subject S property i s zon ed
Zoning Bct prop
tion (A-9) Zone" and "EP-Environmental
Agr icultural Excep ro riate provisions of said
Protection Zone". Within the app p is noted as
by-law, one (1 ) single family detached dwelling
request for
being permitted on the subjeCthoasubjectAny
lands, or severance
additional dwelling units on appropriate
of the lands, would require the submission of app ro p
applications which would be reviewed and respo adit in
consideration of Town and Regional Policies. St has been
note further,
that a single family dwelling unit
constructed on the subject lands.
Ac
cordingly, Staff would have no objections toe Dietrich
as submitted and release of the agreement between
. ..3
page 3
REPORT NO. : pD'200-84
Board and the
Damman and the Town of Bowntanv i 11 v 1P Planning dated September 14,
Corporation of the Town of Bowman
1957.
Respectf y -meted,
ffe ,
T.T. Edwards, M.C.I.P.
Director of Planning
LDT*TTE*Jip
November 28, 1984
*Attach.
cc: Mr. Ronald F. Worboy
P.O. Box 2.1
153 Simcoe Street North
OSHAWA, Ontario
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 84-______ _
being a By-law to authorize the releasing
of an Agreement with the
Town of Bowmanville Planning Board, the Town of Bowmanville and
Dietrich Dammann.
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
eement between Cameron Keith
Corporation's seal , a Release Agr
Vacheresse and Theresa Pauline Vacheresse ain the form attached
dated this day of
1984, i
hereto as Schedule
T-
Z.
THAT Schedule "X" attached hereto forms part of this
by-law.
1984
day of
BY-LAW read a first time this 1984
day of
BY-LAW read a second time this day of
BY-LAW read a third time and finally passed this
1984
B. RICKAR�, mp, R--
---n V-.
I
�- d
� � , ,
1984
THIS RELEASE AGREEMENT MADE this day of
BETWEEN:
THE CORPORATION OFD H TLEF NEB
ere na ter ca e OF THE FIRST PART
_ and - CAMERON KEITH VACHERESSE and THERESA ?nUheE
ti1�1 ER SS o t e own of Newcast e,
Reg
urham,
ona unicipality of D
hereinafter called VACHERESSE" OF THE SECOND PART
WHEREAS "Vacheresse" is the Owner of certain real property as
described on the attached Schedule "A";
AND WHEREAS an Agreement being registered instrument number 4578,
Of September,
which Agreement was dated the a4copyaof which is attached hereto as
registered October 3rd, 1957, wh
Schedule "B'1;
AND WHEREAS "Vacheresse" has requested Newcastle to release the
Agreement attached hereto as Schedule "B";
NOW THIS AGREEMENT WITNESSETH thaiascdescribedlon thetattachedpremises,
Newcastle hereby releases the lands
Schedule "All
from any and all charge against the lands described on
the attached Schedule "A" and confirms that no monies whatsoever ar
due and owing as a result of the Agreement as attached hereto and
marked Schedule "B"-
IN WITNESS WHEREOF Newcastle has hereuntoauthorized incitso behalf eand
by the hands of its proper officers duly
the day and year
Vacheresse has hereunto set his hand and seal on
first above written.
, ,RED)THE CORPORATION OF THE TOWN OF NEWCASTLE
SIGNED SEALED AND DELI
In the presence o
Authorizing Signing 0 ficer
ut or zing Sigan n9 icer
ameron Keit Vacheresse Owner
eresa Pau ine Vac eresse Owner
SCHEDULE IAA"
p.LL AND SINGULAR that certain parcel or tract of land and premises
NU
situate d being in the Town of
, lying an Newcastle, in the
of Durham (formerly in the Town of BOwmanville)
Regional Muni.cip
ality
Concession 2, of the said
and being
composed of part of Lot 9, as Part
Bowmanville, and now beg Geographic Town of the Land Registry Office for
2 on a Reference Plan deposited in
Registry Division of Newcastle (No. 10) as Number lOR-1620.
the
$CHEDULE "B" f� �
MEMORANDUM OF AGREE id ENT
made the 14th day of September,
One thousand nine hundred and fifty-seven.
B E T W E E N :
DIETRICH DAMMANN, of the City of Oshawa
in the County of Ontario, an unmarried man,
. hereinafter called the "PARTY" OF THE FIRST PART:
and
THE T014N OF B0:•n4ANVILLE PLANNING BOARD,
hereinafter called the "BOARD", and
THE CORPORATION OF THE TOWN OF BOWMANVILLE,
hereinafter called the "TOWN"
OF THE SECOND PART:
In consideration of the Board and the Town in pursuance
of Section 24 of The Planning Act, 1955, approving of a conveyance
of the lands and premises more particularly described in Schedule "1
hereto, dated the 26th day of March, 1957, and being from one
Robert Blahomir Trejbal to the Party" of the First Part, the Party
of the First
Part HEREBY COVENANTS AND AGREES for himself, his
successors, executors, administrators, heirs and assigns with the
Board and the Town that upon any sub-division of or construction
of more than one residence on any portion of the said lands des-
cribed in Schedule "1" he will pay to the Town a frontage charge
of $4.00 per foot on account of each sub-divided or additional rest-
dential lot and that such frontage charge shall become a charge
• • •
,
on the said
lands and prpmicns a.
conveyance of a sub-divided lot or on
of delivery of an executed
the issuing of a building permit for an additional residence.
IN WITNESS 1dHEREOF the Party of the First Part has here-
unto set his hand and seal.
id IT NESS•
b-V -------
- ��j �r --- --------------
t
SCHEDULE
All and Singular that certain parcel or tract of land an
premises 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 9, Concession 2, Tot.msh!-.
of Darlington, which said parcel or tract of land may be more par-
ticularly described as follows:
PREMISING the Easterly limit of said Lot 9 to have a beat
of north 18 degrees 02 minutes West and relating all bearings hereir
thereto;
COMMENCING at an iron bar planted at the intersection of
the easterly limit of Lot 9 with an old fence marking the existing
northerly limit of the south half of the north half of said Lot 9
which said intersection. is 1,690 feet 10 3/4 inches measured south
18 degrees 02 minutes east from the north-east angle of said Lot 9;
THENCE south 18 degrees 02 minutes east 530 feet 0 inches
to an iron bar planted;
THENCE south 70 degrees 54 minutes west 493 feet 2 inches
to an iron bar planted;
THENCE north 18 degrees 02 minutes west 530 feet 0 inches
more or less to an iron bar planted on the line of an old fence
marking the existing northerly limit of the south half of the north
half of said Lot 9;
THENCE north 70 degrees 54 minutes east along said fence
493 feet 2 inches more or less to the Point of Commencement.
The parcel as herein described containing an area of 6.00
acres be the same more or less.
THIS RELEASE AGREEMENT MADE this day of
B E T W E E N: i
THE CORPORATION OF THE TOWN OF NE
hereinafter called NE C STLE
Of
- and -
CAMERON KEITH VACHERESSE and THERESA PAULINE
VACHERESSE of the Town of Newcastle, in the
Regional Municipality of Durham,
hereinafter called "VACHERESSE"
OF THE SECOND PART
WHEREAS "Vacheresse" is the Owner of certain real property as
described on the attached Schedule "A" ;
AND WHEREAS an Agreement being registered instrument number 4578,
which Agreement was dated the 14th day of September, 1957 and
registered October 3rd, 1957, a copy of which is attached hereto as
Schedule "B" ;
AND WHEREAS "Vacheresse" has requested Newcastle to release the
Agreement attached hereto as Schedule "B" ;
NOW THIS AGREEMENT WITNESSETH that in consideration of the premises ,
Newcastle hereby releases the lands as described on the attached
Schedule "A" from any and all charge against the lands described on
the attached Schedule "A" and confirms that no monies whatsoever are
due and owing as a result of the Agreement as attached hereto and
marked Schedule "B".
IN WITNESS WHEREOF Newcastle has hereunto affixed its corporate seal
by the hands of its proper officers duly authorized in its behalf and
Vacheresse has hereunto set his hand and seal on the day and year
first above written.
SIGNED, SEALED AND DELIVERED)THE CORPORATION OF THE TOWN OF NEWCASTLE
In the presence of: )
Authorizing Signing Officer
Authorizing Signing Officer
Cameron Keith Vacheresse Owner
Theresa Pauline Vacheresse Owner
SCHEDULE "B" d
M E M O R A N D U M O F A G R E E M E N T
made the 14th day of September,
P ,
One thousand nine hundred and fifty-seven.
B E T W E E N :
DIETRICH DAMMANN, of the City of Oshawa _
in the County of Ontario, an unmarried man,
hereinafter called the "PARTY" OF THE FIRST PART:
and
THE TOWN OF BOWMANVILLE PLANNING BOARD,
hereinafter called the "BOARD", and
THE CORPORATION OF THE TOWN OF BOWTANVII,LE,
hereinafter called the "TOWN"
OF THE SECOND PART:
In consideration of the Board and the Town in pursuance
of Section 24 of The Planning Act, 1955, approving of a conveyance
of the lands and premises more particularly described in Schedule "1
hereto, dated the 26th day of March, 1957, and being from one
Robert Blahomir Trejbal to the "Party" of the First Part, the Party
of the First Part HEREBY COVENANTS AND AGREES for himself, his
successors, executors, administrators, heirs and assigns with the
Board and the Town that upon any sub-division of or construction
of more than one residence on any portion of the said lands des-
: cribed in Schedule 111" he will pay to the Town a frontage charge
of $4.00 per foot on account of each sub-divided or additional resi-
dential lot and that such frontage charge shall become a charge
on the said 1?nds and PrPmi one and 'he d,;c a„a i'^,i Bbl e on the ', to
of delivery of an executed conveyance of a sub-divided lot or on
the issuing of a building permit for an additional residence-
IN WITNESS 1-THEREOF the Party of the First Part has here-
unto set his hand and seal.
WITNESS-
SCHEDULE "A"
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 (formerly in the Town of Bowmanville)
and being composed of part of Lot 9 , Concession 2, of the said
Geographic Town of Bowmanville, and now being designated as Part
2 on a Reference Plan deposited in the Land Registry Office for
the Registry Division of Newcastle (No. 10) as Number 1OR-1620 ,
SCHEDULE
All and Singular that certain parcel or tract of land an
premises 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 9, Concession 2, Townshl•
of Darlington, which said parcel or tract of land may be more par-
ticularly described as follows :
PREMISING the Easterly limit of said Lot 9 to have a beat
of north 18 degrees 02 minutes West and relating all bearings hereir
thereto;
COMMENCING at an iron bar planted at the intersection of
the easterly limit of Lot 9 with an old fence marking the existing
northerly limit of the south half of the north half of said Lot 9
which said intersection- is 1,690 feet 10 3/4 inches measured south
18 degrees 02 minutes east from the north-east angle of said Lot 9;
THENCE south 18 degrees 02 minutes east 530 feet 0 inches
to an iron bar planted;
THENCE south 70 degrees 54 minutes west 493 feet 2 inches
to an iron bar planted;
THENCE north 18 degrees 02 minutes west 530 feet 0 inches
I more or less to an iron bar planted on the line of an old fence
marking the existing northerly limit of the south half of the north
half of said Lot 9;
THENCE north 70 degrees 54 minutes east along said fence
493 feet 2 inches more or less to the Point' of Commencement.
The parcel as herein described containing an area of 6 . 00
acres be the same more or less.
i
� �
i
DATED: 1984
B E T W E E N:
THE CORPORATION OF THE TOWN OF NEWCASTLE
- and -
CAMERON KEITH VACHERESSE and
THERESA PAOLINE VACHERESSE
R E L E A S E A G R E E M E N T
RONALD F. WORBOY
Barrister, Solicitor
153 Simcoe Street North
OSHAWA, Ontario
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