HomeMy WebLinkAbout00 103 EN - Agreement McFarlan
e
e
e
e
-
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2000 -103
BEING A BY-LAW TO PERMIT AN ENCROACHMENT ONTO THE ROAD
ALLOWANCE WEST OF LOT 32, LAKE RANGE, KNOWN AS 33 MCFARLAN
ROAD, (FORMER TOWNSHIP OF BRUCE),
MUNICIPALITY OF KINCARDINE
WHEREAS pursuant to Section 210 P.107 of the Municipal Act, R.S.O. 1990, c.M. 45,
the Council of a municipality may pass by-laws authorizing the encroachment of
buildings or structures upon any highway subject to such terms and conditions and
may fix annual fees or charges for such privilege.
NOW THEREFORE the Corporation of the Municipality of Kincardine ENACTS as
follows:
1. The owners from time to time of the improvements described in the
encroachment agreement attached as Schedule A to the by-law, hereinafter
called the "improvements" on the lands described as Lot 32, Lake Range,
(former Township of Bruce) in the Municipality of Kincardine are hereby allowed
to maintain and use the portion of the improvements as they encroach upon the
Road Allowance.
2. The encroachment with respect to improvements of the Road Allowance and
shall be subject to the terms and conditions of the encroachment agreement
attached to this by-law.
3.
That the mayor and clerk be authorized to sign, on behalf of The Corporation of
the Municipality of Kincardine, the agreement with Kenneth McFarlan and
Steven Kenneth McFarlan which is attached to this by-law as Schedule "A" and
to affix the Municipality's Corporate seal as and when required.
4. This by-law affects the lands described as Schedule "A" in the said
encroachment agreement attached to this by-law.
5. This by-law may be cited as the "McFarlan Encroachment Agreement By-law".
READ a FIRST, SECOND and THIRD time and FINALLY PASSED this 23rd day
of August, 2000.
~--
Mayor
Clerk
. '
.~\'.:,,4" ~
"
-
".
.
.
.
ENCROACHMENT AGREEMENT
THIS AGREEMENT made this )3"( day of A'14sr 2000
BETWEEN:
KENNETH McFARLAN and
STEVEN KENNETH McFARLAN
(the "Licensee")
- and -
THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
(the "Municipality")
1. The Licensee owns a cottage on the road allowance west of Lot 32, Lake
Range, known as 33 McFarlan Road, former Township of Bruce, situated in the
Municipality, and more particularly described in Schedule "A", which abuts the
public road allowance known as McFarlan Road.
2. The Municipality owns the public highway known as McFarlan Road, referred to
as the "Road".
3. A framed cottage and other minor improvements as noted on Schedule "B"
owned or controlled by the Licensee, encroaches upon the Road Allowance.
The cottage is entirely on the road allowance, more particularly shown on the
sketch attached as Schedule "B" and referred to as the "Encroachment".
4. The Municipality agrees to permit the Encroachment to continue upon the Road
on certain terms and conditions as set out.
IN CONSIDERATION of other good and valuable consideration and the sum of
$2.00 of lawful money of Canada now paid by the Licensee to the Municipality (the
receipt whereof is hereby acknowledged) the Municipality grants, subject to the
provisions set forth, to the Licensee, a Licence to permit the Encroachment upon the
lands of the Municipality, subject to the following provisions:
1. The term of this Licence shall be for the 5-year period from January 1, 2000 to
December 31,2004 and shall expire on the earlier of:
(i) December 31, 2004, provided that, at the expiry of the term and at the
Licensee's request, Council of the Municipality may, at its discretion,
extend the term for such period of time and on such terms and
conditions as it deems advisable;
(ii) The date of removal of the Encroachment; or
(iii) The date of the sale or transfer of the lands described in Schedule "A",
unless the Municipality at the request of the purchaser or transferee of
the lands, approved an extension and assignment of this agreement and
the purchaser or transferee has executed and registered the extension
and assignment agreement prepared by the Municipality.
...2/
-
~
.,.r !
.
.
.
.
,':'"<. .
2.
McFarlan Encroachment Agreement
Page 2 of 4
In the event of the Municipality at any time enacting a by-law levying a tax upon
all encroachments of buildings or other structures over, under or upon any
highway, street, lane, road allowance or easement in the Municipality, the
Licensee shall pay forthwith on demand whatever tax may be levied in respect
of the Encroachment over, under or upon the public highway.
3. The Licensee shall at its own cost, charge and expense and to the satisfaction
of the Municipality:
(i) Keep and maintain the Encroachment in a good and proper state of
repair and safety;
(ii) Make no additions or modifications to the Encroachment which are not .
authorized or contemplated by this agreement; and
(iii) Comply with such further and additional requirements, as may be
required by the Municipality, acting reasonably.
4.
The Licensee shall at all times fully indemnify and save harmless the
Municipality against all actions, suits, claims and demands whatsoever which
may be brought against or made upon the Municipality and from and against all
loss, costs, damages, charges and expenses whatsoever which may be
incurred, sustained or paid by the Municipality for or by reason of or on account
of the permission hereby granted to the Licensee or the exercise by the
Licensee of such permission or the erection and maintenance of the
Encroachment and appurtenances thereto or anything in any matter relating
thereto, and the Licensee hereby grants to the Municipality full power and
authority to settle any such actions, suits, claims or demands on such terms as
the Municipality may deem advisable and the Licensee hereby covenants and
agrees with the Municipality to forthwith pay to the Municipality on demand all
moneys paid by the Municipality in pursuance of any such settlement and also
such sum as shall represent the reasonable costs of the Municipality or its
solicitors in defending or settling any such actions, suits, claims or demands,
based on a solicitor and own client basis.
5.
The Licensee covenants and agrees to provide the Municipality with a
certificate of general liability insurance, on or before execution of this
agreement, covering the Licensee and the Municipality in respect of the lands
subject to the Encroachment during the term of this agreement and any
extensions authorized by the Council of the Municipality to the extent of not less
than $1,000,000.00 inclusive of all injuries or death to person and damage to
property of others arising from anyone occurrence. The Municipality is to be
an added insured under the insurance policy. Without limiting the generality of
the foregoing, such public liability insurance shall contain provisions for cross-
liability and severability of interests and further that the policy will not be
changed or amended in any way or cancelled until 90 days after written notice
of such change or cancellation shall have been given to the Municipality.
6.
Where, in the opinion of the Municipality, it is necessary to remove or alter the
Encroachment or part thereof, the Licensee shall, at its own cost, charge and
expense, and to the satisfaction of the Municipality, alter or remove the
Encroachment or any part thereof from the Road, and restore the affected area
upon receiving notice in writing from the Municipality to do, without being
entitled to any compensation whatsoever for such alteration or removal and
restoration. If the Licensee neglects, refuses or fails so to do within 90 days of
receiving the aforesaid notice to alter or remove, then the Municipality may alter
the Encroachment or parts thereof from the Road, as determined by the
Municipality at the cost, charge and expense of the Licensee and the certificate
of the Municipality as to the cost of such alteration or removal and restoration
shall be final and binding upon the Licensee and the Municipality may recover
such costs from the Licensee in like manner as taxes.
...3/
~~
.... <
· .
7.
McFarlan Encroachment Agreement
Page 3 of 4
Nothing contained herein shall be construed as giving to the Licensee anything
more than permission to erect and maintain the Encroachment until such time
as this agreement expires or is terminated or the removal of such
Encroachment may be required as provided.
. ,
,
..
8. The parties acknowledge and agree that no length of time of, or enjoyment by
the Licensee of the permission granted herein shall enure to, or give any right,
title or interest to the Licensee or its successors in title, in the Road or any right
to maintain the proposed Encroachment over, under or upon the Road, or shall
deprive the Municipality by the operation of any limitation period or otherwise of
any right to require the removal of the Encroachment or any restoration of the
Road to the satisfaction of the Municipality at the Licensee's expense.
9. The Licensee hereby covenants and agrees that at the time that the
Encroachment is removed in whole or in part, or is in need of replacement, and
in any event, upon the expiry or termination of this agreement, that the works
formerly comprising such Encroachment shall be removed, at the Licensee's
sole expense, so that they are located entirely off the Road and at such time,
this agreement shall become null and void and be of no further effect.
.
10. The Licensee covenants and agrees that the Municipality, and its respective
officers, servants, workers, employees, agents and contractors under its control
or supervision or any of them shall have the right from time to time and at all
reasonable times during the currency of this agreement, to enter in and upon
the lands described in Schedule "A" or any part thereof, with all necessary
workers, plant, equipment and material for the purpose of inspecting, altering or
removing the Encroachment from the Road in accordance with this agreement.
Such inspection shall not free or relieve the Licensee in any way whatsoever
from the liability under the covenant set out to keep and maintain the
Encroachment in good and proper repair and condition.
·
11. The parties acknowledge and agree that this Licence does not in any way
whatsoever diminish the rights of the Municipality, or any gas, telephone,
telegraph, electric light or other public utility company, their respective officers,
servants, workers, employees, agents and contractors, to enter at all times
upon the Road for the purpose of constructing, repairing, maintaining, replacing
or removing any sewers, mains, culverts, drains, water pipes, poles, wires or
otherwise underground services and installations and appurtenances thereto.
The Licensee shall not be entitled to any damages or compensation by reason
of the exercise of the Municipality or utility company's rights contained in this
clause and the Licensee at its own expense shall carry out such alteration or
removal of the Encroachment as the Municipality may direct pursuant to the
exercise of the Municipality's or utility company's rights.
12. The Licensee agrees that any and all costs, sums and expenses paid, incurred
or sustained by the Municipality as herein provided shall form and constitute a
charge or lien on the lands set out in Schedule "A" attached hereto, until fully
paid.
13. The Licensee covenants and agrees not to assign or to transfer this agreement
to any successor or assignee of the premises described in Schedule "A"
without the consent of the Municipality and if such assignment is agreed the
Licensee will obtain from such successor or assignee a covenant in favour of
the Municipality that the successor or assignee will be bound by all of the terms
and conditions of this agreement from and after the date of its assignment as
aforesaid, it being the intention that the owner from time to time of the lands
and premises described in Schedule "A" shall have the benefit of and be liable
for performance of the obligations contained in this agreement.
·
.. .4/
//.'
-'~
··;t
~-
.
.
.
;'.
<
McFarlan Encroachment Agreement
Page 4 of 4
"
,,"7-
"&
.14. The Licensee agrees that for the purpose of this agreement, notice may be
; . given to the Licensee by mailing the same, by prepaid registered mail,
addressed to the Licensee at its address as last known to the Municipality
pursuant to the most recent revised assessment rolls. Such notice shall be
deemed to have been received by the Licensee 7 days following the date when
it was handed to the post office.
15. The Licensee agrees to pay to the Municipality an annual fee of $ 100.00
during each year of the term of this agreement. The first such annual payment
to be made at the time this agreement is executed by the Licensee and the
subsequent payments to be billed annually to the owners on the municipal tax
bill.
16. The Licensee consents to the registration of this agreement against the title to .
the lands described in Schedule "A" attached hereto.
17. The Licensee shall, at all times during the life of this license agreement, be
subject to all laws, by-laws and regulations now or hereinafter enacted, to all
statutes, orders and rules made or to be made by a lawfully constituted
authority having jurisdiction therein.
18. This agreement and everything herein contained shall run with the lands
described in Schedule "A" and enure to the benefit of and be binding upon the
parties, their heirs, executors, administrators, successors and assigns.
19. This agreement shall be read with all changes of gender or number required by
the context.
IN WITNESS WHEREOF the parties have set their hands and corporate seals
attested by the hands of their respective officers duly authorized in that behalf.
B:~ J,~;x/œ
ness e
/
~ ~ ~A/m
Wit s ate'
~,~~~
Kenneth McFar an
THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
P~
. G'.' or~ :rh_º-m~
/~ ~
Per:--T- ~
Rosaline Graham -
-
Mayor
-Clerk
. . .
.
.
.
.
~~'J__"
,
,.' .
I
SCHEDULE "A"
"THAT PARCEL OF LAND SITUATE LYING AND BEING
IN THE MUNICIPALITY OF KINCARDINE, (FORMER
TOWNSHIP OF BRUCE) MORE FULLY DESCRIBED AS
FOLLOWS: COMMENCING AT A POINT ON THE
MARINE ALLOWANCE ON THE WESTERLY BOUNDARY
OF TOWNSHIP LOT NO 32, LAKE RANGE, 132 FEET
SOUTH OF THE NORTHERLY OF LOT 32 (W.P. 32);
THENCE SOUTHERLY A DISTANCE OF 66 FT.; THENCE
WESTERLY TOWARDS FORE SHORE OF LAKE HURON
AND PARALLEL TO NORTHERN BOUNDARY; THENCE
NORTHERLY A DISTANCE OF 66 FT.; THENCE
EASTERLY AND PARALLEL TO NORTHERN
BOUNDARY OF SAID LOT NO. 32 L.R. TO POINT OF
BEGINNING.
THIS PROPERTY IDENTIFIED BY THE REGIONAL
ASSESSMENT OFFICE AS COTTAGE #19H AND ROLL
#410826000502500.
I.
~"'
..
'\:
:.
.
~
.
.
r
p
::'5
Q.
CI)
C
(J
L_
fI)
n
c+
c+
o
r'1
::'5
n
"')
o
p
n
:::5"'
3
fI)
::'5
c+
Þ
CO
"')
fI)
fI)
3
fI)
::'5
c+
"BI!
SCHEDULE
AIΠRANGE
LOT 32, L
AN ROAD
33 McFARL P OF BRUCE
FORMER TOWNSHI CARDINE
Y OF KIN
MUNICIPALIT
~
)
,~&'~.
HId_Inco
t ____.~~~rrtariO
,
. -
Document General
Form 4 .. land Registration Reform Act
THE l1PI'ER C\NADA DocUMENT CoMPANY
1-871+UC-DOCS _.~
D
0352582
(1) Registry t8:I
(3) Property
Identlfler(s)
Land Titles 0
Block
(2) Page 1 of 6 pages
Property
Additional:
See
Schedule 0
CERTIFICATE 01' REGISTRATION
BRUCE (3) WALKERTON
(4) Nature of Document
Limited Service Agreement
..
-'
z
o
"'
V>
::>
"'
8
~
~
o
'"
o
~
'00 OCT 13 AI'! 1115
~~
Dollars $
(6) Description
Part of Lot 25, Concession A in the Municipality of Kincardine
(former Township of Kincardine), more particularly described in the
schedule attached as page 5 -6.
New Property Identifiers
Additional:
See
Schedule 0
Together with a right-of-way over Part Lot 25 in the said Concession
A.
Executions
Additional:
See
Schedule
o
(7) This
Document
Contains
(aJ Redescription
New Easement
Plan/Sketch 0
(b) Schedule for:
Desaiption t8:I
Additional
Parties 0
Other t8:I
(8) This Document provides as follows:
. Limited Service Agreement attached.
Continued on Schedule 0
(9) This Document relates to Instrument number(s)
(10) Party(les) (Set out Status or Interest)
Date of Signature
Y M 0
Nal'l1e(s)
.m:.Ǻ.IP.'.ºM~ºNº¥!.m;.~Ç!p~....
.__º-tNNC~!;N];.................
s~_s)
........................
...................................
......................
.........;....
._......þ.~..!t!!..s.9U.ÇJ!9.r.,..~rg~.Ç..M:ªgw9º4.
......................
.............."...............
.............,................
C2. ..h-- " /
~~..'....7...~.:..... .........L......
............~. ......................... .............._......,.
..j..~ºººL}º¡/
707 Queen Street, Kincardine, Ontario N2Z lZ9
(12) Party(les) (Set out Status or Interest)
Date of Signature
Y M D
Name(s)
_..._.....!myu:!:d...!Ike AIbl!...r:tÇ!º~X__...._.._..__.._...........
_......(Qw.ner.)..............__.__.............
Signature(s)
.....................................-...............--.-............................
- ..
. ..
.............. ....~...................._-.,................-...__....
.........~ .....,................-..
...-...-..........--......-....-...-.-......-.....
-......................................................
...............-..... .-.-.-........-.....---..--.......
..............................
................ .
.......+
(13) Address
for Service
R.R. #2, Ripley, Ontario NOG 2RO
Wunlclpal Address of Property
_cardine, Ontario
N2Z 2X6
(15) Document Prepared by:
George C. Magwood
WAECHTER, MAGWOOD,
VAN DE VYVERE & THOMPSON
215 Durham Street
Walkerton, Ontario
NOG2VO
Fees and Tax
Registration Fee
w
~
z
o
~
g
~
o
'"
!2
Total
átJ~
.
·
·
·
~
d-
.. ~
LIMITED SERVICE AGREEMENT
l
This AGREEMENT made in QUADRUPLICATE this ð* day September, 2000.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Hereinafter called the "Municipality"
of the First Part,
-and -
BLAKE ALBERT CROSBY DEVITT
Hereinafter called the "Owner"
of the Second Part.
WHEREAS the owner herein represents that he is the registered owner of
Part Lot 25, Concession A in the Municipality of Kincardine (former Township of
Kincardine) and hereinafter referred to as the subject lands and more particularly
described on Schedule "A" attached to this agreement.
AND WHEREAS the owner enjoys a roadway to the subject lands for all purposes
included amongst which are ingress and egress, such roadway being Wickham Cove
Lane.
AND WHEREAS the owner wishes to access the building from a roadway to the south
of the land being the private road between Wickham Cove Lane (where it is a public
roåØ) and II dead end.
AND wHEREAS the aforesaid roadway is not a year round maintained road allowance
forming part of the municipal road system of the Municipality and as such the
development of the subject lands would be contrary to the provisions of zoning by-laws
of the Municipality and Bruce County Official Plan.
AND WHEREAS the Municipality is prepared to consider a building permit the for the
subject lands as aforesaid provided that the owner first enters into an agreement
acknowledging that there are only limited municipal services provided to the lands using
the above mentioned private road allowance, and agreeing not to demand municipal
services from the Municipality because of the access route chosen by the owner.
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration
of the mutual covenants and agreements hereinafter contained and subject to the terms
and conditions hereinafter set out, the parties hereby agree as follows:
I. a) The owner acknowledges that he has chosen to access the land by way of a road
without municipal maintenance under the jurisdiction of the Municipality, being
the private road allowance to the south of the land.
b) The owner acknowledges that the said road is not a municipal road and receives
no municipal maintenance.
c) The owner covenants and agrees that no demand will be made upon the
Municipality for the provision of access to the lands either by way of improved
maintenance of the existing road or by way of the establishment of another road.
d) The owner acknowledges that he is totally responsible for obtaining maintenance
on the road, which provides access to the lands described in Schedule "A".
...2/
·
·
.
·
"
·~f
.'
Limited Service Agreement
Page 2 00
;,
e) The owner covenants and agrees he will not make improvements or changes to
the roadway owned by the Municipality without first obtaining the consent of the
Municipality in writing.
2. The owner hereby acknowledges that the subject lands do not presently receive any
direct municipal services whatsoever.
3. The owner hereby acknowledges and agrees that he will be responsible for the
making of a private agreement for the pickup and disposal of all garbage arising from
the use, enjoyment and any proposed development of the subject lands. The
Municipality will pick up garbage if the owner delivers it to a site approved by the
Municipality, on an existing Municipal garbage pick up route.
4. a) The owner hereby agrees not to make any demands at any time upon the
Municipality for any municipal services of whatsoever nature and kind except fire
protection when weather and roadway conditions pennit the safe entry of trucks.
b) Without in any way limiting the generality of the expression "municipal services"
the type of services which will not be demanded shall include: Fire protection
when weather and roadway conditions do not pennit the safe entry of fire trucks,
garbage collection, drainage works, road maintenance, snow clearance, street
lighting, sidewalk, curbs, gutters, tree planting or any other service whatsoever
other than the one mentioned above.
5. a) The owner acknowledges that this agreement is designed to pennit the
Municipality to determine the future provisions of municipal services to various
parts of the Municipality and to discourage haphazard development or
developments which make the provisions of municipal services difficult and
costly.
b)· The owner further acknowledges and agrees that no severance or building permit
shall be issued to the owner until this agreement has been signed by the owner.
c) The owner acknowledges that the completion of this agreement shall in no way
guarantee a building pennit from the Municipality and acknowledges that an
application for a permit must comply with the Building Code Act, the Building
Code and all other applicable laws.
6. This instrument constitutes the entire agreement between the Municipality and the
owner. It shall not be amended, altered or changed except by written agreement
hereto. This agreement may be executed in any number of counterparts, each of
which when so executed and delivered shall be deemed to be an original but such
counterparts together shall constitute but one and the same agreement.
7. The owner shall pay to the Municipality all costs incurred by it for the negotiation
and preparation of this agreement including legal and administrative costs.
8. The owner agrees to have this agreement registered on title at his expense and a copy
of the registered document provided to the municipality.
9. The owner acknowledges that for the purpose of the zoning by-law of the
Municipality that the frontage of the lands shall be considered the south boundary
which has frontage on the portion of Wickham Cove Lane where it is a private road.
10. This agreement shall enure to the benefit of and be binding upon the respective
successors and assigns of the parties hereto.
11. The owner covenants and agrees to infonn all potential purchasers or other persons
acquiring the land of the existence of this agreement and agrees to use hislher best
efforts to obtain from such persons an acknowledgment in writing that they are aware
of and bound by the tenns of this agreement.
...3/
.
.
.
.
.
Limited Service Agreement
Page 3 of3
IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal
,d!te~ted by the h. ands of its mayor and clerk this ßtII day of ... '~~ . 2000.
~J&.t2i-H: _ has hereunto set his hand this~ day of~ .2000.
SIGNED. SE!\J.ED AND DELIVERED
in the presence of THE CORPORA nON OF THE
MUNICIPALITY OF KINCARDINE
7/7-~ ~
.. - Mayor - Gordon Thompson
per: "'Q r- ra." l"U.>.)
Clerk -Rosaline Graham
(sealed or witnessed)
~¥!f
Waram
per:
ßL6~
Blake Devitt
Deputy CAOlDeputy Clerk
Muii'icipahty of Kincardino
;:, Attached to this agreement. Schedule "A" which would be a legal description of the
property.
r
.
....
l'
,.
"
.
.
.
.
.
5
.'
SCHEDULE "A"
TO
THE LIMITED SERVICE AGREEMENT
BETWEEN
THE MUNICIPALITY OF KINCARDINE
AND
BLAKE ALBERT CROSBY DEVITT
LEGAL DESCRIPTION OF THE PROPERTY:
ALL AND SINGULAR those certain parcels or tracts of land and premises situate, lying and being
in the Municipality of Kincardine (former Township of Kincardine), in the County of Bruce and
Province of Ontario and being composed of part of Lot 25, Concession "A". in the said
Municipality of Kincardine (former Township of Kincardine), the boundaries of said parcels being
more particularly described as follows:
FIRSTLY:
PREMISING that the South limit of Lot 25, Concession "A" has a bearing of North 60 degrees 45
minutes West and relating all bearings herein thereto;
BEGINNING at the Southeast angle of said Lot Number 25;
THEN North 60 degrees 45 minutes West along the southerly limit of Lot Number 25, a distance
of 5,909 feet to a point in the said southerly limit of said Lot Number 25 and being at the
intersection of said southerly limit with the westerly limit of the given road crossing said Lot
Number 25;
THENCE QØntinuing North 60 degrees 45 minutes West along the said southerty limit of said Lot
Number 25 a distance of 1,112.60 feet more or less to an iron bar;
THENCE North 29 degrees 15 minutes East 62.66 feet to a point;
THENCE North 29 degrees 15 minutes East 100 feet to the point of commencement of the parcel
herein intended to be described;
THENCE North 60 degrees 45 minutes West 50 feet to a point;
THENCE North 29 degrees 15 minutes East 77.34 feet to a point in the southern limit of a right of
way as shown on a survey made by B.M. Ross, Ontario Land Surveyor, and numbers 61-155-C;
THENCE South 60 degrees 45 minutes East along said right of way 50 feet to an iron bar found
at an angle thereof;
THENCE South 29 degrees 15 minutes West along said right of way 77.34 feet more or less to
the point of commencement.
SECONDLY:
COMMENCING to measure at a point in the southerly limit of said Lot Number 25 distant 359.45
feet measured easterly thereon from the Southwest angle thereof, said point being 7,021.60 feet
measured westerly from the Southeast angle thereof;
--------
_._-~ -.-- --
THENCE North 29 degrees 15 minutes East a distance of 62.66 feet;
THENCE North 73 degrees 31 minutes West a distance of 51.27 feet to the point of
commencement of the parcel herein described;
THENCE North 73 degrees 31 minutes West 25.63 feet to a point;
THENCE North 29 degrees 15 minutes East a distance of 95.67 feet;
THENCE South 60 degrees 45 minutes East 25 Feet to a line drawn through the point of
commencement on a bearing of North 29 degrees 15 minutes East;
THENCE South 29 degrees 15 minutes West 91.33 feet to the point of commencement.
·
·
.
·
\0
t ~,""
THIRDLY:
BEGINNING at a point in the southerly limit of said lot, at the distance of 359.45 feet measured
South 60 degrees 45 minutes East thereon from the southwesterly angle of said lot, said point
being 7,021.60 feet measured westerly from the Southeast angle thereof;
THENCE North 29 degrees 15 minutes East and parallel to the westerly limit of said lot a
distance of 62.66 feet to the point of commencement of the parcel herein described;
THENCE North 29 degrees 15 minutes East a distance of 100 feet;
THENCE North 60 degrees 45 minutes West a distance of 50 feet;
THENCE South 29 degrees 15 minutes West a distance of 111.33 feet;
THENCE South 73 degrees 31 minutes East a distance of 51.27 feet more or less to the point of
commencement of the parcel herein described.
AND TOGETHER WITH a right of way at all times for all purposes over, along and upon a strip of
land, the boundaries of said right of way being more particularly described as follows:
COMMENCING at a point in the southerly limit of said lot 25 at the distance of7,121.6 feet
measured North 60 degrees 45 minutes West along said southerly limit from the Southeast angle
to said lot:
THENCE North 29 degrees 15 minutes East a distance of 40 feet;
THENCE North 60 degrees 45 minutes West and parallel to the southerly limit of said lot a
distance of 100 feet;
THENCE South 29 degrees 15 minutes West a distance of 20 feet;
THENCE North 60 degrees 45 minutes West 159.45 feet to a point on the easterly limit of the
road allowance reserved along the high water mark of lake Huron:
THENCE South 29 degrees 15 minutes West a distance of 20 feet to a point in the southerly limit
of said lot;
THENCE South 60 degrees 45 minutes East a distance of 259.45 feet more or less to the point of
commencement of the right of way herein described;
AND TOGETHER WITH a right of way over part of said lot 25 at all times and for all purposes
over along and upon a strip of land being 20 feet in perpendicular width extending from the
travelled road through lot 25 to the right of way described above and being more particularly
described as follows:
BEGINNING at the Southeast angle of said lot 25;
THENCE North 60 degrees 45 minutes West and along the southerly limit of said lot 25 a
distance of 5,909.00 feet to a point on the westerly limit of the aforementioned travelled road to
the point of commencement of the right of way herein described;
THENCE North 29 degrees 15 minutes East a distance of 20 feet;
THENCE North 52 degrees 14 minutes West a distance of 556.94 feet to a point;
THENCE North 68 degrees 36 minutes West a distance of 154.22 feet to a point;
THENCE North 54 degrees 41 minutes West a distance of 222.44 feet to a point;
THENCE North 73 degrees 31 minutes West a distance of 294.19 feet to a point:
THENCE South 29 degrees 14 minutes West a distance of 20 feet to a point;
THENCE South 73 degrees 31 minutes East a distance of 221.56 feet to a point;
THENCE South 54 degrees 41 minutes East a distance of 221.56 feet to a p~inJ; ~~_
THEfIlc.E South 58-degrees 36 mioutes E~stanœ-Or153.781eet to a point;
THENCE South 52 degrees 14 minutes East a distance of 557.06 feet to the point of
commencement.
All . .
AS described In Instrument Number 235420.