HomeMy WebLinkAboutPD-160-84 CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director
HAMPTON,ONTARIO LOB 1JO TEL.(416)263-2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF SEPTEMBER 17, 1984
REPORT NO. : PD-160-84
SUBJECT: SUBDIVISION AGREEMENT - VANANDEL AND GUST
542985 ONTARIO LIMITED
FILE: 18T-82034
RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the
following :
1 . That Report PD-160-84 be received; and
* 2. That the attached by-law authorizing execution
of an amending agreement between 542985 Ontario
Limited and the Corporation of the Town of
Newcastle be approved.
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REPORT NO. : PD-160-84 Page 2
BACKGROUND AND COMMENT:
Staff have recently received a request from the principles
of 542985 Ontario Limited for an amendment to their
Subdivision Agreement relative to the provision respecting
Architectural Control . This request came about as a result
for an application for a building permit which could not be
issued due to the present restrictions contained in the
Subdivision Agreement.
Paragraph 4.6 of the agreement, Subsection 3(a) requires
that the exterior construction of all dwellings be either
predominantly masonry, or predominantly finished wood
siding. In this instance, the applicant wishes to use a
vinyl siding which would duplicate the appearance of
finished wood siding. While Staff have no objection to this
proposal , the technical requirements of the Subdivision
Agreement prevent Staff from approving same. In that
regard, Staff feel it would be appropriate to amend the
subject Subdivision Agreement so as to provide certain
discretionary powers to the Director of Planning relative to
the substitutes for finished wood siding. Staff have
prepared the necessary amendment to the agreement which is
included as Attachment #1 to this Report. If Council
concurs with this recommendation, it would be appropriate to
pass the necessary by-law authorizing execution of the
amending agreement.
' Respe fitted, Mr. S. Gust
138 Queen Street
BOWMANVILLE, Ontario
A� T.T. Edwards, M.C. I.P. L1C 1M9
Director of Planning
Mr. B. VanAndel
TTE*jip 134 Hickory Street N.
*Attach. WHITBY, Ontario
September 7, 1984 L1N 3X7
AMENDING AGREEMENT MADE (in quintuplicate) this day of
1984
B E T W E E N:
THE CORPORATION OF THE TOWN OF NEWCASTLE,
and
hereinafter ca a IRST PART
- -
542985 ONTARIO LIMITED, a Corporation incorporated
under the laws of the Province of Ontario,
hereinafter called the "MUNICIPALITY" OF THE SECOND
PART
WITNESSETH THAT:
WHEREAS the lands affected by this Agreement which are described in
Schedule "A" hereto, are hereinafter called the "Lands";
AND WHEREAS the Owner warrants that it is the registered Owner of the
said lands;
AND WHEREAS the Town has passed By-law 84-13, and the Owners and the
Town have duly executed a Subdivision Agreement pursuant to said
by-law on January 23, 1984, which agreement is registered in the
Registry Office, for the Land Registry Division of Newcastle (No. 10)
as Instrument Number 1527;
AND WHEREAS the Council of the Town of Newcastle has resolved to
approve an amendment to the aforesaid agreement;
AND WHEREAS the parties hereto agree to amend the said Subdivision
Agreement;
NOW THEREFORE, in consideration of the mutual agreements and
covenants and promises contained herein, the parties hereto agree as
f llows:
1'. Paragraph 4.6, Subsection 3(a) of the Subdivision Agreement
between the Town of Newcastle and 542985 Ontario Limited registered
in the Registry Office for the Land Registry Division of Newcastle
(No. 10) as Instrument Number 1527 is hereby amended by adding
thereto the following sentence:
"Notwithstanding the foregoing, vinyl or aluminium siding
which simulates finished wood siding may be substituted for
finished wood siding with the approval of the Director of
Planning."
IN WITNESS WHEREOF the parties hereto have hereunto set their hands
and seals and/or corporate seals by the hands of their proper
officers`duly authorized in that behalf.
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SIGNED, SEALED AND DELIVERED CORPORATION OF THE TOWN OF NEWCASTLE
In the Presence of:
MAYOR
CLERK
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542985 ONTARIO LIMITED
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Per PRESIDENT
Per SECRETARY
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THIS SCHEDULE IS SCHEDULE "A" to an Amending Agreement which has been authorized
and approved by By-law No. of the Corporation of the Town of Newcastle,
enacted and passed the day of 1983,
LEGAL DESCRIPTION OF SAID LANDS
All and singular that certain parcel or tract of land in premises situate
lying and being in the Town of Newcastle, in the Regional Municipality of
Durham, formerly in the Township of Darlington, in the County of Durham and
being composed of that Part of Lot 15, in Concession 3 of the geographic
Township of Darlington designated as Part 1 on a Plan of Reference deposited in
the Land Registry Office for the Land Registry Division of Newcastle (No. 10) as
Number IOR-1746.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
and/or corporate seals by the hands of their proper officers duly authorized in
that behalf.
SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE TOWN OF NEWCASTLE
In the presence of: )
MAYOR
CLERK
542985 ONTARIO LIMITED
)
er PRESIDENJ
Per SECRETARY
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THE CORPORATION OF THE TOWN OF NEWCASTLE /
BY-LAW NUMBER 84-
being a By-law to authorize the entering into of a Subdivision
Agreement with the Corporation of the Town of Newcastle and 542985
Ontario Limited.
The Council of the Corporation of the Town of Newcastle hereby enacts
as follows:
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i• THAT the Mayor and Clerk are hereby authorized to execute on
behalf of the Corporation of the Town of Newcastle, and seal with the j
Corporation's seal , a Subdivision Agreement between 542985 Ontario
Limited and the said Corporation dated the day of
1984, in the form attached hereto as Schedule "X".
2• THAT Schedule "X" attached hereto forms part of this
by-law.
BY-LAW read a first time this day of 1984
BY-LAW read a second time this day of 1984
BY-LAW read a third time and finally passed 'this day of
1984
' LERK
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