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HomeMy WebLinkAboutPD-183-81 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N. SMITH, M.C.I.P.,Director HAMPTON, ONTARIO 1_0131,10 TEL. (416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF NOVEMBER 9, 1981 REPORT NO.: PD-183-81 SUBJECT: Subdivision Agreement Sucee Subdivision Part of Lot 20, Concession 10 Former Township of Darlington Our File: S-D-1-15-2 Recommendations It is respectfully recommended: 1. That Report PD-183-81 be received; and 2. That the attached agreement between the Town and Ronald J. and Gertrude Irene Sucee be approved; and 3. That Council pass the attached by-law authorizing the execution of the afore- said agreement. Background and Comments On October 19, 1981, Council adopted the following resolution of the General Purpose and Administration Committee: 1. That Public Works Report WD-192-81 be approved; ��t . v Report No. PD-183-81 Page 2 2. That staff be authorized to prepare an agreement to amend Schedule "H". to provide for the installation of overhead primary services with pole locations adequate to accommodate street lighting wherever possible; 3. That secondary services to all lots be under- ground with all plans and locations to be approved by the Director of Public Works. Accordingly staff have prepared the attached agreement amending the existing subdivision agreement, and a draft by-law to authorize the execution of same. It would now be appropriate for the Committee to forward these items to Council for approval. Respectfully-submitt T.T. Edwards, M.C.I.P. Deputy Director of Planning TTE:ld October 30, 1981 THIS AGREEMENT, made in quintuplicate this day of A.D. , 1981. B E T W E E N: THE CORPORATION OF THE TOWN OF NEWCASTLE hereinafter called the "Town" OF THE FIRST PART, and RONALD J. SUCEE AND GERTRUDE IRENE SUCEE Both of the City of Oshawa in the Regional Municipality of Durham; formerly of the Town of Newcastle in the Regional Municipality of Durham hereinafter called the "Owners" OF THE SECOND PART. WITNESS THAT: WHEREAS the lands affected by this Agreement are described in Schedule "A" hereto are hereinafter called 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 Town have duly executed a Subdivision Agreement pursuant to said by-law on November 6, 1980 which Agreement is registered in the Registry Office of the Land Registry Division of Newcastle (No. 10) as Instrument No. 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: Schedule "H" of the Subdivision Agreement between the Town of Newcastle and Ronald J. Sucee and Gertrude Irene Sucee registered in the -2- Registry Office of the Land Registry Division of Newcastle (No. 10) as Instrument No. is hereby amended by deleting the subsection entitled Electrical Supply System in its entirety and replacing said subsection with the following new subsection: Electrical Supply System The Owners shall arrange with Ontario Hydro for the design, provision and installation of an electrical supply system to serve the land having overhead primary services with pole locations adequate to accommodate the street lighting wherever possible and underground secondary services to all lots.. All plans and locations to be approved by the Director of Public Works. 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 NEWCASTLE, in the Presence of ) Per: Mayor 1 Clerk RONALD J. SUCEE AND GERTRUDE IRENE SUCEE 1 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 , 198 . LEGAL DESCRIPTION OF SAID LANDS 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 Comcession of the said Township, designated as Part 1 on the reference Plan deposited in the Land Registry Office for the Registry Division of Newcastle (No. 10) as No. 1OR-1243. IN WITNESS WHEREOF the parties have hereto affixed 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) in the Presence of ) Per: - ) Ronald J. Sucee Per: Gertrude Irene Sucee )THE CORPORATION OF THE TOWN OF NEWCASTLE Per: MAYOR Per: CLERK THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NO. 81-182 Being a by-law to authorize the entering into an Agreement wit II hon:Ild J. SIIcee :ind Coo-t.rudo Irene uccc T1 lo C011ncl1 of the Corporation of the Town of Newcastle hereby ENACTS AS FOLLOWS: 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 Seal an Agreement between Ronald J. Sucee and Gertrude Irene Sucee and the said Corporation dated the day of 1981 which is attached hereto as Schedule "X". Read a first and second time this lbthday of November 1981. Read a third and finally passed this 16 day of November 1981. Carnet B. Rickard Mayor David M. Oakes Clerk