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Home My WebLink AboutPD-184-85 TOWN OF NEWCASTLE '} REPORT File # Res. �.. By-Law # MEETING: General Purpose and Administration Committee DATE: December 9, 1985 REPORT #: PD-184-85 FILE #: 1OM-758 SUBJECT: SUBDIVISION AGREEMENT NEWCASTLE SHORELINE PROPERTIES LIMITED FILE: 1OM-758 1%-C'-1' Coc_( RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-.184-85 be received; and * 2. THAT the attached by-law authorizing execution of an amending agreement between Newcastle Shoreline Properties Limited and the Corporation of the Town of Newcastle be approved. BACKGROUND AND COMMENT: * Staff have recently received a request from the principles (see attached) of Newcastle Shoreline Properties 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 56 of the Agreement, Subsection c(i )a) requires that the exterior construction of all dwellings be mainly masonry. In this instance, the potential purchaser wishes to construct a log home. While Staff have no objection to this proposal , the technical . . .2 REPORT NO. : PU-184-05 Page 2 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. 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. Respectt mitted, T.T. Edwards, M.C.I .P. Director of Planning LUT*TTE*jip *Attach. November 25, 1905 cc: W.D. McCowan R.R. #1 PICKERING, Ontario L1V 2P0 i I i R. R. #1 , Pickering, Ontario. L1V 2P8 Nov. 22, 1985. Mr. Terry Edwards, M.C.I.P. Director, Planning and Development Dept., Corporation of the Town of Newcastle, Hampton, Ont. LoB 1J0 RE: Subdivision Agreement between Newcastle Shoreline Properties Limited and the Town of Newcastle -- IOM 758 Page 18 - Special Conditions - #56 (c) Architectural Control (1 ) a) that the exterior construction on all dwellings be mainly masonry. Dear Mr. Edwards: Of the seven lots in the above subdivision we have completed the sale of three. As of this week, three more have been tentatively sold. All of these sales are to private individuals who have chosen various designs for their homes. However, the sale of one of these latter lots mentioned above hinges on the fact that the buyer wishes to build a LogHHoomme�. This type of structure would seem to conflict with (1 ) a) that the exterior construction on all dwellings be mainly masonry. If this buyer cannot build a log home, he will not purchase the lot even though he likes the location. We have given him some extra time to see if any change can be made in the by-law by the Council so that the log home can be constructed. We would appreciate it very much if this matter could be attended to as quickly as possible. If the sale is not finalized with this buyer, we would like the property to be available for sale within a reasonable length of time. Sincerely, 2 c• f i i AMENUINU AGREEMENT MADE (in quintuplicate) this day of 1985 8 E T W E E N: THE CORPORATION OF THE TOWN OF NEWCASTLE, hereinafter called the MUNICIPALITY OF THE FIRST PART - and - NEWCASTLE SHORELINE PROPERTIES LIMITED, hereinafter called the OWNER 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 84-44, and the Owners and the Town have duly executed a Subdivision Agreement pursuant to said by-law on March 26, 1984, which agreement is registered in the Land Registry Office, for the Land Titles Division of Newcastle (No. 10) as Instrument Number 1685; i 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 follows: 1 . Paragraph 56, of the Subdivision Agreement between the Town of Newcastle and Newcastle Shoreline Properties Limited registered in the Land Registry Office for the Land Titles Division of Newcastle (No. 10) as Instrument Number Ib85 is hereby amended by deleting Subsection (c)(i)a) and substituting the following: "(c)(i)a) that the exterior construction on all dwellings be at least, forty percent (4U%) masonry, e.g.: brick, stone or other earthen products but, excluding stucco and concrete block, or at least, forty percent (40%) finished wood, including custom-built log homes, but excluding plywood, particle board or other similar wood sheeting materials." 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 ) CORPORATION OF THE TOWN OF NEWCASTLE In the Presence of: ) hIA Y OR CLERK NEWCASTLE SHORELINE PROPERTIES LIMITED Per PRESIDENT Per SECRETARY I i THIS IS SCHEDULE "A" to the Amending Agreement which has been authorized by By-law No. of the Town of Newcastle, enacted and passed the day of , 198 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, formerly in the Township of Clarke, in the County of Durham and being composed of that Part of Lot 25, Broken Front Concession, more particularly described as Lots 4, 5, 6 and 7 as shown on a Plan of Subdivision registered in the Land registry Office, Land Titles Division of Newcastle (No. 10) as M-758. 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 ) CORPORATION OF THE TOWN OF NEWCASTLE In the Presence of: ) MAYOR CLERK NEWCASTLE SHORELINE PROPERTIES LIMITED Per PRESIDENT Per SECRETARY THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 85- being a By-law to authorize the entering into of an Agreement with the Corporation of the Town of Newcastle and Newcastle Shoreline Properties Limited. 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 Newcastle Shoreline Properties Limited and the said Corporation dated the day of 1985, in the form attached hereto as Schedule "V. L. THAT Schedule "X" attached hereto forms part of this by-law. BY-LAW read a first time this day of 1985 by-LAW read a second time this day of 1985 BY-LAW read a third time and finally passed this day of 1985 MAYOR CLERK