HomeMy WebLinkAboutPD-106-82 [ j
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CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT
HAMPTON, ONTARIO 1_013 1J0 TEL. (416)263-2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF JUNE 28, 1982
REPORT NO. : PD-106-82
SUBJECT: PROPOSED AMENDMENT - SUCEE SUBDIVISION
AGREEMENT - OUR FILE: S-D-1-15-2
RECOMMENDATION:
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It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the
following:
1 . That Report PD-106-82 be received; and
2. That the attached By-law authorizing execution
of an Agreement between Ronald J. Sucee and
Gertrude Irene Sucee and The Corporation of the
Town of Newcastle be approved; and
3. That the attached amendment to the Subdivision
Agreement authorized by By-law 80-151 between
The Corporation of Town of Newcastle and Ronald
J. Sucee and Gertrude Irene Sucee be approved
for execution by the Mayor and Clerk.
BACKGROUND:
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On May 14th, 1982, Mr. Sucee approached staff about the
possibility of a further amendment to his Subdivision
Agreement to facilitate construction of buildings on those j
lots fronting the Tenth Concession in the former Township of ;
Darlington. �5
Report No: PD-106-82 . . ./2
Under the terms of the present Agreement, building permits
may not be issued for these lots until such time as the
roads required to be constructed, pursuant to the Agreement,
have been completed to at least the granular base. The
Tenth Line is included within the Works Cost Estimate as a
road requiring reconstruction. Mr. Sucee indicated that
owing to the present economy and development costs, an
amendment was required to assist him in completing the
development.
Staff have discussed the subject request with the Public
Works Department, who would have no difficulty with the
proposed amendment, provided a cash payment or some form of
security to guarantee the future reconstruction of the Tenth
Concession is deposited with the Town.
* Based on our review, the attached amendment to the subject
Agreement was prepared and would have the effect of
permitting issuance of building permits for lots abutting
the Tenth Concession Road, provided that a Performance
Guarantee for the reconstruction of said road has been
received by the Municipality and is maintained in good
standing by the owners. The proposed amendment was
discussed with Mr. Sucee who has agreed to it, and submitted
five signed copies for execution by the Town. It would
therefore be appropriate for Council to approve the attached
amendment to the Sucee Subdivision Agreement, and authorize
execution of same by the Mayor and Clerk.
Respectf61jy','s-ubmitted,
T. T. Edwards, M.C. I .P.
Director of Planning
TTE*mjc
June 16, 1982
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 82- 88
being a By-law to authorize the entering into of an Amending
Agreement with Ronald J. Sucee and Gertrude Irene Sucee. I
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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 Amending Agreement between Ronald J. Sucee and C
Gertrude Irene Sucee and the said Corporation dated the day of
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1982, in the form attached hereto as Schedule "X". !
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2. THAT Schedule "X" attached hereto forms part of this
by-law.
BY-LAW read a first time this 5th day of July 1982 I
BY-LAW read a second time this 5th day of July 1982
BY-LAW read a third time and finally passed this 5th day of i
July 1982
G. B. RICKARD, MAYOR {
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D. W. OAKES, CLERK
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SCHEDULE X to By-law 82-88
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AMENDING AGREEMENT MADE (in quintuplicate) this day of j
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BETWEEN:
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THE CORPORATION OF THE TOWN OF NEWCASTLE,
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hereinafter called the "TOWN" OF THE FIRST PART
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RONALD J. SUCEE and GERTRUDE IRENE SUCEE
both of the City of Oshawa in the Regional
Municipality of Durham,
hereinafter called the "OWNERS" OF THE SECOND PART
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WITNESSETH THAT:
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 warrant that they are the registered owners of
the said lands;
AND WHEREAS the Town has passed By-law 80-151 and the Owners and the
Town have duly executed a Subdivision Agreement pursuant to said
By-law on November 6th, 1980, which is Agreement is registered in the
Registry for the Land Registry Division of Newcastle (No. 10) as
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Instrument Number
AND WHEREAS the Council of the Town of Newcastle has resolved to
approve an amendment to the aforesaid Agreement;
AND WHEREAS the parties thereto 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:
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1. Paragraph 40 of the Subdivision Agreement between the town of
Newcastle and Ronald J. Sucee andGertrude Irene Sucee registered in I
the Registry Office for the Land Registry Division of Newcastle (No.
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10) as Instrument Number is hereby amended by deleting
subsection 2 in its entirety and replacing said subsection with the
following new subsection:
11(2) All the roads which are required to be constructed
under this Agreement to provide access to the proposed
building have been constructed to at least the completed
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granular base save and except that building permits may be `
issued for lots fronting upon Concession Road 10, being the i
Road Allowance between Concessions 9 and 10, former Township
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of Darlington, prior to such construction, provided that the
Performance Guarantee required pursuant to paragraph 23 of
this Agreement has been received by the Municipality and has
been maintained in good standing by the Owners."
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IN WITNESS WHEREOF the parties hereto have hereunto set their hands
and seals and/or corporate seals by the hands of their proper j
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signing officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE TOWN OF
In the Presence of: ) NEWCASTLE I
------------ MAYOR __- f
CLERK
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THIS SCHEDULE 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 day of 1982.
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LEGAL DESCRIPTION OF SAID LANDS
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In the Town of Newcastle in the Regional Municipality of Durham
(formerly the Township of Darlington, County of Durham) and being
composed of that portion of Lot 20 in the Tenth Concession of the
said former Township, designated as Part 1 on a reference plan j
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deposited in the Land Registry Office for the Registry Division of
Newcastle (No. 10) as number IOR-1243, j
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IN WITNESS WHEREOF the parties hereto have hereunto set 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 ) THE CORPORATION OF THE TOWN OF I
In the Presence of: ) NEWCASTLE I
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) MAYOR i
CLERK
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