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Home My WebLink AboutKIN 76 3155 Waste Disposal site THE CORPORATION OF THE TGlN OF aY-LAW NO. 3155 I , , i I ~INCARDlNE: , , i \--, .. , . . i Being a By-law to authorize the purchase of , DISPOSAL SITE and the financing thereof. i , i NOW THEREFORE be it enacted by the Municip~l ! ! i I The Agreement of Purchase and Sale datfd the of December, 1975, with Robert E. Farr~ll, a a WASTE Council of the Town of Kincardine as follows: 1. 17th day copy of which is attached hereto as Schedule "t", is hereby approved and the Mayor and Clerk are htrebY authorized to sign the same on behalf of the Corp~ration of the Town of Kincardine. i ¡ 2. This By-law shall come into effect on fPproval thereof I by the Ontario Municipal Boa rd and by the Minist ry of , the Environment under Section 32 of th+ Environmental Protection Act. i 3. Repayment Schedule "B" attached heretosetting out the I principal and interest on the mortgage provided for in i the Agreement of Purchase and Sale. i I Read a first and second time this gth day of January, 1976. ,I:;L~dW- , _~~Æ~ I i Read a third time and fina 11 y passed this 1 gth day of I '- ~ ~-'-- . /~~~-.~:/~\ er I - - - '- -'...:. -.:: ! . ~ I I I I .January, 1976. ~~ /yor . .. .o¡""" '1-" . ~ . ~!t-,J . ..' ,;~'. ''': ,.~ ,; f~!1t~ _ ·t ,. , .......... ..... "'-o!:':L "'tIt:J. """:~'.~ . """'-,; .' . oJ ~ . " . 1. 2. '1'bat. 't.he ..iel lanclt..·.approftcl, by t.he "'181: ,Bnyiro.....t. al a ...... ~1"'1 81M. Tbat. ~he YeDCiorwoâJd.... '* hU .e .,ot ,uy.ørt "".,.,oI·lt. tOJlf.,'~~...a. 10 Purc..... I.... not.....1l)- 1oM_ lan~'. "," . . . '1'ba1o.,1o" ,Purc:huø -=",........Jb~,.~ 5. .'.t4moe 10be ..1e1 '~~.'",' ,", ......b18I...; to, ,venclor'ltld.z7 t.......,~..., '" .', ~t':"~rr-~!dtJ.:~~rc.- ,,¡Pd, -ûC~.. ,'.'"...."-; titJat' . , .1nt.ain, av.cb ~¡t: ,..,.,..1rM& MMillllaat, :~-:::'4:r~~.:~.';~!~.4n~ u 'rhi.--, . .. ., Ü,', ",_"'.4_. ".' , -,':_,"ø.,.. 'a~'· of -1""~" ---",: ,~..r ' ..--.- ...-a. ......,--....~..··,.i·;..-J)\--~,--:: . -;, ". '. " ' ,,; ·3. 4-'; '" , '.- '~, " 6." ·:âa1l._.,YIDcIOrOl' '__~: i..., ......,!t !p=,.£.·.,¡f$:~.:::..,.."a.ij...'...f¡.m=.. ..t ... tØ~~_i _. .~;a.I.~..=.r:U;;; I:; ,_ :_111äf .'t~1'..' '.'¡.,i'~ " "., . .. .. 1~~ fit· tile .t~ "-- ....'.". ,~t-:'. '"'. .". . , ·f' "'..: """. \", ~~;~~~;{;,.:~"'i;;'~',,,: '" ;,..', \</,:J1Hf"'~' .' '1;·:'·,~~:~?~;~.~:~,::r:; . E;~~:J;~',' .I; , " 'f' .~ ¡. ~-;'< '. ,¡',' . . ,'..., . . ... , . ",.~ , .~.,.- .., -" ~" .., :~ --,,): .' .., . ,-,: -".....'i,;'._~;'O~~~~~~ 111.·, .~. .i.' -'¡'~~,....'ç'_'"':,;"",. ". \ . <' ,...., . ;> , -',.. ~- --- ~ " i . . 3/î 1- 1& S Ontario Municipal Board - and - D fJŒ MA'l'DIt 0'1 an .pp11oaU :f n:.=.~~ : 0:::/ .....4.1.... .... ~ of .. ..... of 1M4 1'01' . ... aiM bø1nc a f'ronu.e or .~:Mlr 1,100 'eø on "-aled&- Annu an4 '96 t.. _ 8O\m4."{ Road and kncNI1 .. Pan LoÞ A- and 'T', C -A-, sa .... t. W T.."Q'~' ~ sa tbe O~r ot .t ... ....~.. ooe\ of .)2, B1&'OI.1&, At B. ARPltU.. Q.,C.. , CI ~'"'i..... t'ø.....'V'. trbe 0t.Ia..., et ......... Manh, 1976 't--. G. 'f~JrIt.. . 'uMhüJiIÌia m J04RD oJlJ)2ltQ *' 1IohU .ppl1....1ea .... ad \bat t.b.e applicant aq t4'0..ed w1~ ..~~":hC ~ pa&II aU ftf¡Idåt. bJ'-law boAOtfl _., \Mnt0l' tOl' . .. not ....~..1'I~"C $)2 500, .....'0'14.. \bat .... ..11 be pdd "'" of t I'ft'-.U \be .. of $S.SOO sa \be .,.... 1976 and ." ot __ ,.... 1m, __ 1"', 1ulwd....., wi ... ~ \bà ..u.taoH1')' plana and oattou ... app....... .. 11M NM-W7 of tM *- ENTERED O. 8. tto..£.7..~::.L....,.... ':<3,s- f. .................................... I_L~!:- ADUWS SIiWf.UARt APR 2 3 1916 r.R~ JI4)' 6." ~ ~At. ....-. ..._......;;¡,¡ ~ -" ~...... .". ',' .-.. SCHEDULE "B" By-l~w 3155 Payment Princi~ Interest ¡ Total 1 - 1976 If 3,000.00 If 3,000.00 I $ 6,000.00 . I , 2 - 1977 3 ,000.00 I 5,700.00 2,700.00 I 3 - 1979 3,000.00 2,400.00 i 5,400.00 4 - 1979 3,000.00 2,100.00 5,100.00 5 - 19M 3,000.00 l,Mo.OO 4,gOO.00 6 - 1991 3,000.00 1,500.00 4,500.00 7 - 1992 3,000.00 1,200.00 4,200.00 g - 1993 3,000.00 900.00 3,900.00 9 - 1994 3,000.00 600.00 3,600.00 10 - 1995 3.000.00 300 . 00 3.300.00 Totals $ 30,000.00 $16,500.00 $ 46,500.00 . ~ , ~ , . Form 1058 ',", MOI1pp . No Dowa- . . u.._ .,*' --'" "'"--_..... aDd Gilbert. Limited. Toronto athi5 ~ndtnt rt made (in tripllœte) the one thoaøand nine hundred and 27th day of seventy-six Apri Ia '1U"lIwultr øf au,r &~ørt Jførlllll øf Æørtgagtll Art: ~rtmrrn THE CORPORATION OF THE T~~i OF ¡ NCARDINE hereinafter called the Mort of the FIRST PART; ROBERT EDWARD PARRELL. of the Huron, in the County of Bruce hereinafter called the Mortgag of the SECOND PART; Blprras the said Mortgagor at the time of the execution hereof is seised of an estate in fee simple in possession of the lands hereinafter mentioned, and ha 5 applied to the Mo gagee for a loan upon mort- ¡qe thereof. NØ1II iIIlJrrrførrt1¡!Ji ItÙlrnturr lIitørøørt1¡ that in consideration of TrI RTY THOUSAND - - - - - - - -- ------------------------- ($30.000.00) ---------- ---------------äo~ of lawful money of Canada now paid by the said Mortgagee to the said rtgagor (the receipt whereof Iø hereby acknowledged) the said Mortgagor doth grant and mortgage unto the said Mortgagee, his heirs, executors, administrators, successors and assigns forev AU alÙl &ingular th a t certain parcel or tract of land alld p emises situate, lying and being ilcscrihed in Schedule "A" attached hereto. .' ~ ... . SCHEDULE "An In the Town of Kincardine, in the County of composed of part of Lots'''A" and "B" in Cone said Town of Kincardine, as shown on Plan 61 may be more particularly described as follow COMMENCING at a point where the Southerly 1" is intersected by the Easterly limit of an u on Plan 61 running north and south through L "C" in Concession"A"' THENCE Northerly along the Easterly limit a distance of 1098.3 feet more or less to of said Lot "B", ~ ruce and ,being ssion "A" in the and which part it of said Lot "A" amed road shown ts "An and "B" and said unnamed road Northerly limit THENCE Easterly along the Northerly limit of said Lot "Bu a distance of 396.61 feet to a point; THENCE Southerly and parallel to the Easterl unnamed road a distance of 1098.3 feet more in the Southerly limit of said Lot "An; THENCE Westerly along the Southerly limit of distance of 396.61 feet to the POINT OF CO . limi t of said r less to a point "A" a , ' ~Mortpp . No Dower . . Pap . Page 2 - lŒì8 ." .., JrØ1rihth tIJtø ~ to hr lIøih Upon payment of THI RTY mO SAND -- -- -- -- uu ---- ($30 000 00) ------ -.-----------....-..- ----------------------------.- ,. Dollars ofIawfuJ money of Canada with interest at TEN (101) per centum per annum as follows: The sua of $3,000.00 principal together with accru d interest shall fall due aDd be payable on the 31st day of Dece.be in each year, co.aencinl December 31, 1976, until the said prine pal sua is fully paid. Interest will begin to run from 30th April, 1976. .......~~JiIIVii'Vr". Y"4'~ IfIIiCIRètMIX 9"YY~tuIQ.... "~-'-~UiUM&fm.n.w~~ ~~U',... w.Jif:W -MlPt~iIt1JOO(UfßIf1Øl~¥~m ~lIfW .~ IrY~r..~.IlH~ ~_ØIK ~x !.12£~x AND Taxes &nd performance of Statute Labor; And observance and ormanœ of aD covenants, provisos and conditions herein contained. AND it :i1! hereby agreed that in C88e default shall be made in payment of BY sum to become due for interest at any time appointed for payment thereof as aforesaid, compound i terest sball be payable and the sum in arrear for interest from time to time, as well after as before ma .ty, sball bear interest at the rate aforesaid, and in case the interest and compound interest are not psi in S 1x - months from the time of default a rest shaD be made, and compound interest at e rate aforesaid shall be payable on the aggregate amount then due, as weIl after as before maturity, d so on from time to time, and all such interest and compound interest shaIl be a charge upon the said Ia da. THE MORTGAGOR agrees that neither the preparation, execution nor regis tion of this Indenture shall bind the Mortgagee to advance the money hereby secured, nor the advan of a part of the moneys seeured hereby bind the Mortgagee to advance any unadvaneed portion ereof, but nevertheless the estate hereby conveyed shaIl take effect forthwith upon the execution of hese presents by the said Mortgagor, and the expenses of the examination of the title and of this mor e and valuation are to be secured hereby in the ilvent of the whole or any balance of the principal s m not being advanced, the same to be charged hereby upon the Said lands, and shaD be without dema thereof, payable forthwith with interest at the rate provided for in this mortgage, and in default the said Mortgagee's power of sale hereby given, and all other remedies hereunder shan be exercisable. AND the said Mortgagor covenants with the Mortgagee that in the event f non-payment of the said principal moneys at the time or times above provided, then he shall not req e the Mortgagee to accept payment of said principal moneys without first giving three months' previous notice in writing, or paying a bonus equal to three months' interest in advance on the said principal mon s. THE said Mortgagor covenants with the said Mortgagee that the Mortgagor pay the Mortgage money and interest and observe the above proviso, and wiD pay as they faD due aD xes, rates and assessments, municipa1. local, parliamentary and otherwiae which now are or may h ter be imposed, charged or levied upon the said lands and pl"'ml.....s; THAT the Mortgagor baa a good title in fee simple to the said landa. AND that he has the right to convey the said lands to the said Mortgagee; AND that on default the Mortgagee sball have quiet possession of the sai brances; AND that the said Mortgagor wm execute such further assurances of the sai ~ND that the said Mortgagor has done no act to incumber the said Janda: _u_œ~~ , J" M6rtpn - No Dower - .& PaP . P_se 3 - 1060 , " o<!- AND that the said Mortgagor wm insure the buildings on the said lands to th amount of not'less than the principal money hereby secured in dolJan¡ of lawful money of Canada. Evidence of ntinuation of such insurance having been secured shall be produced to the Mortgagee at least three days befo expiration thereof, otherwise the Mortgagee may provide therefor and charge the premium paid therefor and i t thereon to the Mortgagor and the same shaD also be a charxe upon the said land. It is further agreed that e Mortgagee'may require any insurance of the said buildings to be caneel1ed and a new insurance effected in an to be named by him, and aIIo may of his own accord effect or maintain any insuranœ herein provided for, and any amount paid by him therefor shall be forthwith payable to him with interest at the rate aforesaid by Mortgagor, and shall be a charge upœi the said lands (without prejudJee to the foregoing statutory clause) AND the said Mortgagor doth release to the said Mortgagee all his claims u said ¡rovIso. PROVIDED that the said Mortgagee on default of payment for fifteen days on thirty-live days notice enter on and lease the said lands or on default of payment for fifteen days may thirty-live days notice seD the IIIid lI:Dds; and it is agreed that such notices shall be given in such manner to such persons as may be lawfuDy required at the time when such notices are given and in the absence of a y such requirement and/or to the extent that such requirements shall not be applicable such notices may be eff uaIly given either by leaving the same with a grown-up person on the said lands, if occupied, or by placing it t ereon, if unoccupied, or at the option of the Mortgagee by mailing the same in a registered letter addressed the Mortgagor at his last known address or by publishing the same once in some newspaper published in t e eoonty or district in which said lI:Dds are situate and shall be suftIcient though not addressed to any person or persons by name or desig- mtion and DOtwithsta"di'lll' any person ar JII!I'8OII8 to be affected thereby may be born, unascertained or UDder dlsabllity ; AND, without prejudice to the statutory powers W1der the preceding proviso, tha in ease such default be made in any payment of the said principal or interest or any part thereof and such de! ult continues for two months, the Mortgagee without any notice whatever (unless lawful requirement at suc time requires that notice be given and then notice shall be given to the extent, in the manner and to the ns as required by such lawful requirement), may exercise all or any of the powers given under the pnceding roviso with or without entry on the said lands; and that the Mortgagee may seD the said lands or any thereof by public auction or private contract, or partly one or partly the other, and that the proceeds of any e hereunder may be applied in payment of any costs, charges and expenses incurred about taking, recoverin or keeping pos.-,ion of the said Janda or by reason of non-payment or procuring payment of moneys, sec d hereby or otherwise; and that the Mortgagee may sell any of the said landa on such terms as to credit an otherwise as shall appear to him most advantageous and for such prices as can mI8OII8bly be obtained there! and may make any stipula- tions as to title or evidence or commencement of title or otherwise which he sh deem proper; and may buy in or rescind or vary any contract for the sale of the whole or any part of the said and resel1 without being answerable for loss oeeasioned thereby, and in thl! ease of a sale on credit the M gagee shall be bound to pay the Mortgagor onI,y such moneys as have been actually received from purchase after the satisfaction of the elaims of the Mortgagee and for any of said purposes may make and execute all ments and assurances as he shaD think lit ; and that any purchaser or lessee shall not be bound to see to the ropriety or regularity of any sale or lease or be affected by express notice that any sale or lease is improper; that no want of notice or publication when required hereby shall invalidate any sale or lease hereunder. AND it is hereby agreed between the parties hereto that the Mortgagee may y all premiums of insurance and lID taxes and rates which shall from time to time fall due and be un . in respect of the mort;gaged premises, and that such payments together with all costs, charges and (between soIidtor and client), which may be incurred in takiDtr. recovering and keeping poss"'V"lm the said Janda, and of JI88O- tiating this loan, investigating title, and registering the mortgage and other deeds, and generally in any other proceedings taken in connection with or to realize this security, s be with interest at the rate aforesaid, a charge upon the said 1ands in favour of the Mortgagee and tha the Mortgagee may pay or t'lltisfy any lien, charge or incumbrance now existing or hereafter crested or claimed upon the said lands, snd that any amount paid by the Mortgagee shall be added to the debt hereby secured and shall be payable forthwith with interest at the rate aforesaid, and in default this Mortgage imrnectiately become due and paysble at the option of the Mortgagee, and all powers in this Mortgage conf shall become exercisable. PROVIDED that the Mortgagee may distrain for arrears of interest. PROVID D that the Mortgagee may distrain for arrears of principal in the same manner as if the same were arrears of interest. PROVIDED that in default of the payment of the interest hereby secured the principal hereby ured shall become payable at the option of the Mortgagee. PROVIDED that upon default of payment of in lments of principal promptly as the same mature, the balance of the principal and interest shall immediately me due and payable at the option of the Mortgagee. PROVIDED that the Mortgagee may in writing at time or times after default waive auch default and upon such waiver the time or times for payment of said 'ncipal shall be as set out in the above ~viso for redemption. PROVIDED further that any such waiver sh apply only to the particular default WIIlved and shall not operate as a waiver of any other or future default. it is further agreed by and between the parties that the Mortgagee may at his discretion at a1J times release any part or parts of the said lands or any other security or any surety for the money hereby secured either ith or without any sufficient consideration therefor, without respon8l'bility therefor, and without thereby rei 'ng any other part of the said lands or any person from this Mortgage or from any of the covenants herein contained, it being especially agreed that every part or lot into which the mortgaged lands are or may heres r be dividerl does and shall stand charged with the whole money hereby secured and no person shaD have the . ht to require the mortgage mone;ys to be apportioned; and without being accountable to the Mortgagor for e value thereof, or for any moneys except those actually received by the Mortgagee. PROVIDED further that no sale or other dealing by the Mortgagor with the eq ity of redemption in the said lands or any part thereof shall in any way change the liability of the Mortgagor r in any way alter the rights of the Mortgagee as against the Mortgagor or any other person liable for .payment f the moneys hereby secured. THE said Mortgaaor covenants with the said Mortgagee that he wiD keep the id Janda and the buildings, erections and improvements thereon in good condition and repair according to the ture and description thereof respec:tiye1y, and that the Mortgagee may, whenever he deems necessary, by his urveyor or agent enter upon and inspect the said mortgaged lands. and the reasonable cost of such inspection 11 be added to the Mortgage debt, and that if the Mortgagor neglects to keep the said premises in good condi ion and repair, or commit or - 'permit any act of waste on the said 1ands (as to which the Mortgagee shall be sol judge) or make default as to auy of the covenants or provisos herein contained, the principal hereby secured s all at the option of the Mort- gagee forthwith become due and payable, and in default of payment of same 'th interest as in the ease of payment before maturity the powers of entering upon and leasing or selling h given may be exercised forthwith and the Mortgagee may make such repairs as he deems n"C""~a'7, and e cost thereof with interest thereon shall be a charge upon the land prior to all elaims thereon subsequent to ese presents. PROVIDED that until default of payment the Mortgagor shall J-.ave quiet 'on of the said lands. PROVIDED and it is hereby agreed, that the taking of a judgment or judgments any of the covenants herein contained shall not operate as 'a merger of the said covenants or affect the Mort 's right to interest at the rate and times herein provided; and further the said judgment shall provide t at interest thereon shall be computed at the same rate and in the IIIUIIe manner as herein provided until the id judgment shall have been fully paid and satlstled. (~ "ortpp . No Dower - " PaP . Page " . 1061 ~ ..... ....! PROVIDED aDd it iø hereby further agreed by aDd between the Mortgagor the Mœ:tgagee that should default be made by the Mortgagor in the observance or perfOl'lll8llœ of any of covenants, proviøoes, agree- ments or conditions contained in any mortgage to which this mortgage iø subj then and in that event the moœys hereby secured shaJ) forthwith become due and be payable, at the option of the Mortga¡ee, aDd all the po_era in aDd by this mortgage conferred shaJ) become exerciøable, and the po of sale therein contained may be exerciøed forthwith without any notice, uuIeøa lawful requirement at time requires that notice be IÍ\'eD and then notice shaD be given to the extent, in the manner and to the DB as required by lawful requirement. PROVIDED also that the covenant for insurance hereinbefore contained shaJ) to all buildings whether now or hereafter erected on the said Iaudø. PROVIDED also that on default of payment of any of the moneys hereby -'i1lþ being t.ake1I by the Mortga¡ee under this Mortgage, he shaJ) be entitled to all other moneys hereby secured or p¡yab1e hereunder, of a bonus equal to at the rate aforeæid upon the principa1 money hereby secured, and the Mortgagor a d...Joou-ge of this Mortgage without such payment. PBOVJDBDud It .. benbF acreed. that. m conatruiDa tbeae preeeøts the WOl'Ù ")[ortp¡ror" and "](0 ...... reIatbaIr &beNto _t used thenwItb. ehaU be read aud conøtnl.eð as ~ortp¡ror or JlortÞ8Ors." . .. "'"tWr:. 1'8~. .. the numbel' aDd ÞDðer of the party or JlBrtt. relened 10 in each cue nqu ~ 1Iha11_ eoutnaed as ~ with the ..w word or pJ'ODOUn 110 sa.bøtftatecL And. that all ri8'btll. .... tIñNa .... ....... to u.. ~ or M01'tøøn. .KortcaPe or ~ ehaD 1ae eqaaJb' Wn. .-ton. admbdRntol"l aDd ....... or . .. .-d ..... .. the ~ m&7 be.. And that ___ bl.1o or Impoee4 herea.nder upon the Kortaasor 01' JlortpllOrø. 1Iort«agee 01' lIortaaøeeø shall be eq ~... adminillt:raton: and asøilrna. or Reo8a01'8 and aui8ne .. the cue IIUQ' be. and that aU such IIWI .. joØt .ad ....eraL . aDd the peJ'8ODaI pmncnm '''he'' _ or~" and ......... ....... aù the Dum_ 01 the ..n.. ~ vaDtaps. pri'9'i1eps. immu..m.. po,Nn to nd _. "'I. lIT w.. ..... or .... I ......... Uabuw.. and obIl1. u ~ u,. bindlna' upoIII hIø,. ber or tåeir b.iø" and Uablltu. ad ~ The undersigned :Mortgagor aeknowledge having received a true copy of this Mo In Jlttntl!ill 1II"'rtøf the said partie. hereto have hereunto set their hand. and seals. SIGNED, SEALED AND DEUVERED THE CO ORATION 0 In the presence of AFFIDAVIT OF SUBSCRIBING WlTNES - XonItI12 .-..- -" I, of the In the -- make oath and _y: I am. a subscn"bing witness to the attaehed instrument and I was present and saw it executed " ~ ·...tootn. I verily believe that each person who... .ignature I witneased I. the to In the Instrument. y of the same name referred SWORN before me at the I t.hIa clay of 19 A CO....I..IONER FOR TAKING 'A..FIDAYITS, ETC. . ørur. . pet'tw .. ....w. ,. ..... 1M but......,., or IIIÙN . part., ... h fJl4kñtø It" .....rk or .. lorn". c.\anIdcN ... Ü .""..,.~.. Co ......ncI it·,. WI&ere ...,., .... . j)OIIJCr of ~ iNerl "(UJJN of attonlel!') .. _bell.. "' . """'- u..& tM per80II ..... ~ , tCI'iÞtuøed tÐCU .uthorizred' to eualÛ 1M i~ IN ''01...... "'"'........ IoocI "'" ...., !'~ I_ (.... 01 J1Grlw)"; øRd lor -.&1.. I. /--)". \