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HomeMy WebLinkAboutKIN 97 032 Agree-Mann's Landing THE CORPORATION OF THE TOWN OF KINCARDINE e BY-LAW BY-LAW NO. 1997-32 A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT FOR THE TRANSFER OF MILL BLOCK LANDS TO THE TOWN OF KINCARDINE. e WHEREAS the Council for The Corporation of the Town of Kincardine deems it advisable to enter into an agreement with SIM, Sally Martina; DESMEULES, Helen Denise; MANN, Michael Stephen MANN; Jacqueline Mary MANN; John Geldart; AND WHEREAS the Town of Mill Block Kincardine, the aforementioned persons desire to transfer Kincardine a portion of the lands known as Part No.1, Townplot of Penetangore in the Town County of Bruce; to of of NOW THEREFORE the Council for The Corporation of the Town of Kincardine ENACTS as follows: 1. That the Corporation of the Town of Kincardine enter into an agreement with S1M, Sally Martina DESMEULES, Helen Denise MANN, Michael Stephen MANN, Jacqueline Mary MANN, John Geldart. 2. That the Mayor and Clerk be authorized to sign, on behalf of The Corporation of the Town of Kincardine, the Agreement with respect to the transfer of Mill Block Lands. e 3 . This its by-law shall come into full force and effect final passage. upon 4. This by-law may be cited as the "Mann Land Transfer, By-law" . READ a FIRST and SECOND time this 22nd day of May, 1997. READ a THIRD time and FINALLY PASSED this 5th day of June, 1997. ~~~ e Mayor -L1..~ Clerk cþ " This AGREBMBNT made this 6fh day of .:Júl'le....- , 1997. BETWEEN: ('- THE CORPORATION OF THE TOWN OF KINCARDINE hereinafter called the "Town" of the First Part, -and- SIM, Sally Martina DESMEULES, Helen Denise MANN, Michael Stephen MANN, Jacqueline Mary MANN, John Geldart herinafter called the "Vendors" of the Second Part. - WHEREAS the Vendors desire to transfer to the Town of Kincardine a portion of the lands known as Part of Mill Block No.1, Townplot of penetangore, Town of Kincardine, County of Bruce, now shown as Parts 1 & 2 on Reference Plan 3R-613s; AND WHEREAS that portion is approximately outlined in heavy black line on the attached Schedule "A"; and hereinafter referred to as the -lands- AND WHEREAS the Town, as part of this agreement and at its own expense, agrees to undertake an exact survey of the lands to be transferred in order to allow the legal conveyance of the property; NOW TBBREFORE THIS AGREEMENT WITl!lBSSETH THAT in considera- tion of other good and valuable consideration and the sum of TWO DOLLARS ($2.00) of lawful money of Canada, now paid by each of the two parties hereto, (the receipt whereof is hereby acknowledged) the parties hereto covenant, promise and agree with each other as follows: .~ 1. The vendors shall transfer to which are the subject of this of $2.00 (two dollars) . the Town the lands agreement for the sum 2. The Town shall pay all legal, survey and registration costs related to this transaction. 3. The Town shall be allowed until 6:00 p.m. on May 30, 1997 to examine the title to the lands at its own expense. 4. Should the Town ever develop the property for public use, either as walking trails, boat docks, or other public use, the Town shall allow access to the lands by the vendors at no charge. 5. Should the Town ever develop the property as a marina or install boat docks, the vendors shall be allocated one (1) boat dock in perpetuity, at no charge to the vendors. ~'6 .., 6. ~:'''~ ~,::;;:::::::~'::::~~'-ItL Ee !lalRe the faeility. mê "ß'WN f?6Æ'£F$ 7H;1T {1i" /7tO¡?ER7Y RûJi S#fi~l Be K,vðWN 4. ¡, IY.ANN s L¡(J,v/;?/II/c- n. . . . /2 . r#r' ----"""'" .. . e ~ "' e 'e -2- 7. The Town agrees that it shall not construct or grow anything on the lands which would obstruct the northerly view of the vendors' remaining lands on the top of the slope. 8. The Town agrees that if a committee is struck which is given the mandate to develop the lands, one representative of the vendors will be invited to participate on such committee should they so wish. 9. This transaction shall be completed on or before the 30th day of June, 1997 at the Town's discretion. 10. This Agreement shall enure to the benefit of and be binding on the respective heirs, executors, administrators, successors and assigns of the parties hereto and shall run with the said land owned by the parties. IN WITNESS WHEREOF the Town has hereto affixed its corporate seal attested by the hands of its mayor and clerk this 5.... day of ;:J;.",0i!... , 1997. The vendors have hereunto set their hands and seals thiso1' day of May , 1997. ) ) THE CORPORATION OF THE TOWN ) OF KINCARDINE ) ) ) ) ) ) ) ) ) ) ) ) VENDORS: ~-fcil~/~ J ~ · ) Sally Më#~ i ~SMEULES ) ) ) ) ) ) ) ) ) ) ) ) ) - SIGNED, SEALED AND DELIVERED in the presence of ~"".." ~~...; yor - cnar~ann ,:, , " per:--P/]J/¿"~'-- Clerk - Naureen A. Couture é£~ß ~~£~~ " ,l( e 6 - . - ." \~ SIB lIe, , 66.00'UETJ ;¡; .. ~ "'è . ... gt; . ~ ~ - 0- .. iõ ..; Z N ... , ~'4D . ~ :;;...;. . . .. ~ Ž: .. ~ '" ... ;¡ ~ '0 ~ :! IJJ (.) <t a: a: w I- SCHEDULE .. A .. ,'" '0 · '.., · ,. · .. ... ~ 0 Z N I'<GORt:. I'E.\-.\t:.í l. o . " " " " 'e.",_ -- "5Së' __""__"h Ii'/t-. ~Ii' .5"~(i..¡;e-N V'.-JUGY Úi,I/S, HV;-r.¡. GJVIÞ p.?O a v....' PAnT I ---- HSIQ 02'OO"W IHST. E'NQ CF --¡;¡"4æÞ·"~(~II. "-- J ¡.' Ig~ .... ~~ I ~- , t+- ~O~'~~T_ ! ¡.I 0- 0>- I·... "'" I~- .t-- ~ i ~ s'eCIIB91 . . œ 0 " I~· " ." , ... '0 0 .~ '" . .. . ~ .. N 0: 2 ;z ~ 0 ...~I .. a:: ., ... :J rl ~ J: , '0 0 ~ :ISO' ~ r ,...,' ¡ SIS I j ) " / " /. '-. . ./ '. / """..! ,...-/ G"I"'.or 1.3' ~ MILL Tù WI~rLùT IN5T. 3040511 ." .:j. , , STo.rT .."....f:.o-.rrn.u,., I.t' ?,' t.I' 157.00' (SET DEED) N6ro02'oO" W WELLINGTON H6/002'OO"W (REr:, BE.AiWfC) SIB (10'J::, ~ ~ .,; ~ t Slø WIT. PAnT 3n - 4GI,2 OF " ... ... " .. ... " - - . - - ... o o t;! ~ '" z; .; ~ ~I , ,/ / 1.18 .. ... ~ '0 o .. '" SIB fl169 Lands to be conveyed to the Town - - · - Lands to be retained by the Vendors BLO(;K rENl:ìANGl I"IST. 20 STREE'