HomeMy WebLinkAboutPD-138-82 . ,r.0 ac
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CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director
HAMPTON,ONTARIO LOB 1J0 TEL.(416)263.2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF SEPTEMBER 13th, 1982
REPORT NO. : PD-138-82
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SUBJECT: SITE PLAN AGREEMENT - 501575 ONTARIO LIMITED
OUR FILE: S-P-2-22
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RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the
following:
1 . That Report PD-138-82 be received; and
2. That the attached Amending Agreement between
* 501575 Ontario Limited (formerly Trahor
Limited) and the Town of Newcastle be approved
for execution; and
3. That the attached By-law authorizing execution
* of an Agreement between 501575 Ontario Limited
and the Town of Newcastle be passed.
BACKGROUND:
On August 4th, 1982, staff received a request for an
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amendment to the Site Plan Agreement between Trahor Limited
and the Town of Newcastle, authorized by By-law 81-134, to
permit the deletion of the proposed sidewalk along the St.
George Street frontage of the development. (The lands
affected are now owned by 501575 Ontario Limited. ) a'v
Report No: PD-138-82 . . ./2
This request had been verbally made during a site inspection
on July 23rd, 1982, and the Director of Public Works was
asked to comment on this request on July 26th, 1982. On
July 28th, Mr. Dupuis advised that he had no objection to
deletion of this requirement. Based on these discussions,
staff have prepared the attached Amending Agreement, which
has been forwarded to 501575 Ontario Limited for execution,
and are recommending that the subject Site Plan Agreement be
amended by revision of Schedule "C" to delete the St. George
Street sidewalk.
Respectfully submitted,
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T. T. Edwards, M.C.I.P.
Director of Planning
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August 16, 1982
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 82- 123
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being a By-law to authorize the entering into of an Amending
Development Agreement with 501575 Ontario 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
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Corporation's seal, an Amending Development Agreement between t
501575 Ontario Limited and the said Corporation dated the day of
1982, in the form attached hereto as Schedule "V.
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2. THAT Schedule "X" attached hereto forms part of this
by-law.
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BY-LAW read a first time this 20th day of September 1982
BY-LAW read a second time this 20th day of September 1982
BY-LAW read a third time and finally passed this 20th day of
September 1982
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D. W. OAKES, CLERK
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SCHEDULE "X" to By-law $2-123
AMENDING DEVELOPMENT AGREEMENT MADE (in quintuplicate) this day
of 1982
BET WEE N:
! 501575 ONTARIO LIMITED,
I hereinafter called the "OWNER" OF THE FIRST PART
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THE CORPORATION OF THE TOWN OF NEWCASTLE,
hereinafter called the "TOWN" OF THE SECOND PART
WHEREAS the Owner warrants that it is the registered owner of those
lands described in Schedule "A" attached hereto and hereinafter
referred to as the "said lands";
AND WHEREAS the Town has passed By-law 81-134 and the Town and Trahor
Limited have entered into a Development Agreement which was duly
executed and registered in the Land Registry Office for the Land
Registry Division of Newcastle (No. 10) as Instrument Number 104990;
AND WHEREAS Paragraph 11 of said Development Agreement provides for
the enforcement of the terms and provisions of said Development
Agreement against any and all subsequent owners of the said lands;
AND WHEREAS 501575 Ontario Limited is now the registered owner of
said lands described in Schedule "A" attached hereto, and as stated
in the Affidavit attached to this Agreement as Schedule "B";
AND WHEREAS by virtue of the terms of Paragraph 11 of the -
above-referenced Development Agreement, 501575 Ontario Limited is now
responsible for all obligations pursuant to said Development
Agreement;
AND WHEREAS the parties hereto agree to amend the said Development
Agreement;
NOW THEREFORE, in consideration of the mutual agreements and
covenants and provisions contained herein, the parties hereto agree
as follows:
1. Paragraph 9 of the Development Agreement registered as
Instrument No. 104990 between Trahor Limited and The Corporation of
the Town of Newcastle is hereby amended by deleting the words "St.
George Street and" following the words "portions of" in the second
line of said Paragraph 9.
2, Schedule "C" to the Development Agreement registered as
Instrument No. 104990 between Trahor Limited and The Corporation of
the Town of Newcastle is hereby deleted in its entirety and replaced
with the revised Schedule "C" which forms Schedule "C" to this
Agreement and which is annexed hereto.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands
and seals the day and year first above written and the parties hereto
have hereunto affixed their corporate seals by the hands of their
proper officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED ) 501575 ONTARIO LIMITED
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THE CORPORATION OF THE TOWN OF
NEWCASTLE
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MAYOR
CLERK
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THIS IS SCHEDULE "A" to the Amending Agreement which has been
authorized and approved by By-law No. of the Town of
Newcastle, enacted and passed the day of 1982.
LEGAL DESCRIPTION OF SAID LANDS
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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:
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FIRSTLY all of Town lots 10, 11, 21, part of Town lot 12, 20, 31 and
32 all in Block "C" according to C.G. Hanning's Plan of part of
Township Lot 10, Concession 1 in the former Town of Bowmanville,
Geographic Township of Darlington (former County of Durham) now in
the Town of Newcastle in the Region of Durham, more particularly
designated as Part 1 on Plan 1OR-131Q. j
IN WITNESS WHEREOF the parties have hereto affixed their corporate
seals by the hands of their proper signing officers duly authorized
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in that behalf.
501575 ONTARIO LIMITED
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THE CORPORATION OF THE TOWN OF
NEWCASTLE
MAYOR
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THIS IS SCHEDULE "B" to the Amending 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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AFFIDAVIT OF OWNERSHIP
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(to be provided by the Owner)
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SIGNED, SEALED AND DELIVERED ) 501575 ONTARIO LIMITED
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THE CORPORATION OF THE TOWN OF
NEWCASTLE
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MAYOR
CLERK
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THIS IS SCHEDULE "C" to the Amending Agreement which has been
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authorized and approved by By-law No. of the Town of Newcastle,
enacted and passed the day of 1982.
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The plans annexed hereto and identified as Exhibit "A" and "B",
together form Schedule "C" to this Amending Agreement.
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SIGNED, SEALED AND DELIVERED ) 501575 ONTARIO LIMITED
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THE CORPORATION OF THE TOWN OF
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NEWCASTLE
MAYOR
CLERK-
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DATED: 1982
B E T W E E N:
501575 ONTARIO LIMITED
- and -
THE CORPORATION OF THE TOWN OF NEWCASTLE ,
AMENDING DEVELOPMENT AGREEMENT
The Corporation of the Town of Newcastle
Planning Department
Municipal Offices
HAMPTON, Ontario, LOB UO
File: S-P-2-22