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HomeMy WebLinkAbout07 089 Kenneth G. Roppel (Enbridge)(Lt 15, Pt Lt 14, Con 4 Bruce) . . . . THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2007 - 089 BEING A BY-lAW TO AUTHORIZE THE SIGNING OF A SITE PLAN AGREEMENT WITH KENNETH GEORGE ROPPEl AND ENBRIDGE ONTARIO WIND POWER lP (Lt 15, Con 4 Bruce, pt It 14 Con 4 Bruce) WHEREAS the Ontario Planning Act, R.S.O. 1990, P. 13, Section 41, authorizes municipalities to enter into Site Plan Agreements; AND WHEREAS the Council for the Municipality of Kincardine deems it advisable to enter into a Site Plan Agreement with Kenneth George Roppel and Enbridge Ontario Wind Power LP, for that property located at Lot 15 Concession 4 Bruce; Part Lot 14 Concession 4 Bruce as in R100127 Except Part 13 and 14 PL 992; SfTR173569E; Municipality of Kincardine in the County of Bruce; NOW THEREFORE the Council for The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the Municipality of Kincardine enter into a Site Plan Agreement with Kenneth George Roppel and Enbridge Ontario Wind Power LP to ensure appropriate development of those lands described as Lot 15 Concession 4 Bruce; Part Lot 14 Concession 4 Bruce as in R100127, Except Part 13 and 14 PL 992; SfT R173569E; Municipality of Kincardine in the County of Bruce, and being more particularly described in Schedule "A" of the attached Site Plan Agreement. 2. That the Mayor and Chief Administrative Officer be authorized to sign, on behalf of the Municipality of Kincardine the agreement with Kenneth George Roppel and Enbridge Ontario Wind Power LP, which is attached to this by-law as Schedule "A", as well as any other documentation required relating to the said Site Plan Agreement. 3. This By-law takes effect from the date of passage by Council and comes into force and effect pursuant to the provisions of the Planning Act, 1990. 4. This By-law may be cited as the "Kenneth G. Roppel (Enbridge) (Lt 15, pt Lt 14 Con 4 Bruce) Site Plan Agreement By-law." READ a FIRST and SECOND TIME this 20th day of June, 2007 A~ ~~~ , Mayor Cle READ a tHIRD TIME and FINAllY PASSED this 20th day of June, 2007. ~1~ Clerk ~ Magwood, Van De Vywre, Thompson & Gro w-Mc Clement LLP BARRISTERS & SOLICITORS 215 DURHAM STREET, BOX 880 WALKERTON, ONTARIO NOG 2VO GEORGE C. MAGWOOD, B.A., LL.B. BRIAN J. VAN DE VYVERE, B.A., LL.B. C. HEDLEY THOMPSON, B.A., LL.M. TAMMY W. GROVE-McCLEMENT, B.A., LL.B TELEPHONE (519) 881-3230 E-MAIL wmvt@bmts.com FAX (519) 881-3595 July 9, 2007 Michelle Barr Municipality of Kincardine 1475 Concession5, R.R. #5 Kincardine, Ontario N2Z 2X6 Dear Mrs. Barr: RE: Enbrid2e Ontario Wind Power Circuit One - By-laws - Various Properties. Municipality of Kincardine. Ward 3 Further to your letter dated June 26, 2007, and our subsequent communication regarding the registration of these documents, I would like to confirm that the following six Enbridge Site Plan agreements were registered electronically on July 6, 2007. The registration of the documents are subject to the 21-day confirmation period under the land titles act. 1) BR-4887 Kenneth Roppel 2) BR-4888 Urias and Edna Weber 3) BR-4889 Thomas Roppel 4) BR-4890 Tony Lang Farms 5) BR-4891 Underwood Farms Ltd. 6) BR-4892 Kenneth Roppel Yjours truly, ~ ""'.'F':~':"",,;,_, ~.'\~'""'''''''''''~''''''''''''''' '~'''~'~',~_ ~AGWOOD, VAN DE VYVE~,:THOMPSON_ &i~p-~~~4~ . '.. ~- ,~==~..~J ~ 1....../--,,- - "'- ~ /' .- ,. George C. Magwood GCM:sg FileNo. Consent 0 y ,:;1- S rf G Direction ~ Other: PI- A r...l r-: I L e\ ":::;,- ~3 0 ~ ,..,J r-1 I ~c;::- o 0 [] 0 o 0 Ii 0 o 0 o 0,. a [J Aqel1da Council 0 \- \ i CAO Clerk Treasury Public Works PlanninglBuilding Recreation Emergency Services 0 police Services 0 TourismlEc. Oev. 0 Other: ~ 0 (!Y0~ dGH (~E Go i =>4 L0--r ,; ~C.AN~~D g ~ t:; \... 6<'-" j:\ ~~p s-er.. ~~~~ ~ --.o.nn. t t2JJ11 ~.~~. SCANNED () (/ (\ e- (/ ~ .~ 'Doeu.c'-/(e~T I-II~!:> -.- .f6i _l-A~ t.. .; ACKNOWLEDGEMENT AND DIRECTION (J f1 L(- 8' r 2- :J J1 (j ( (}'1 TO: George C. Magwood (Insert lawyer's name) AND TO: WAECHTER, MAGWOOD (Insert firm name) RE: Kenneth G. Rappel site plan agreement with Municipality of Kincardine (Insert brief description of transaction) ('the transaction") This will confirm that: . l!We have reviewed the information set out this Acknowledgement and Direction and in the documents described below (the "Documents"), and that this information is accurate; . You, your agent or employee are authorized and directed to sign, deliver, and/or register electronically, on my/our behalf the Documents in the form attached. . You are hereby authorized and directed to enter into an escrow closing arrangement substantially in the form attached hereto being a copy of the version of the Document Registration Agreement, which appears on the website of the Law Society of Upper Canada as of the date of the Agreement of Purchase and sale herein. l!We hereby acknowledge the said Agreement has been reviewed by me/us and that l!We shall be bound by its terms; . The effect of the Documents has been fully explained to me/us, and I/we understand that IIwe are parties to and bound by the terms and provisions of the Documents to the same extent as if I/we had signed them; and . IIwe are in fact the parties named in the Documents and IIwe have not misrepresented our identities to you. . I, , am the spouse of , the (Transferor/Chargor), and hereby consent to the transaction described in the Acknowledgment and Direction. I authorize you to indicate my consent on all the Documents for which it is required. DESCRIPTION OF ELECTRONIC DOCUMENTS The Document(s) described in the Acknowledgement and Direction are the document(s) selected below which are attached hereto as "Document in Preparation" and are: D A Transfer of the land described above. D A Charge of the land described above. D Other documents set out in Schedule "S" attached hereto. Dated at , this day of 20 WITNESS (As to all signatures, if required) LRO # 3 Notice Under 5.71 Of The Land Titles Act In preparation on 2007 07 05 yyyy mm dd at 10:44 This document has not been submitted and may be incomplete. Page 1 of 1 Ip~ri~ I PIN 33288 - 0055 L T Description L T 15 CON 4 BRUCE; PT L T 14 CON 4 BRUCE AS IN R1 00127 EXCEPT PT 13 & 14 PL 992; SfT R173569E; KINCARDINE Address KINCARDINE I Consideration I Consideration $ 0.00 I Applicant(s) I The notice is based on or affects a valid and existing estate, right, interest or equity in land Name THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Acting as a company 1475 Concession 5, R. R. #5 Kincardine, ON N2Z 2X6 Address for Service This document is not authorized under Power of Attorney by this party. This document is being authorized by a municipal corporation by Larry Kraemer, Mayor and John deRosenroll, Chief Administratrive Officer. I Party To(s) Capacity Share I Name ENBRIDGE ONTARIO WIND POWER LP Acting as a company 795 Queen Street Kincardine, ON N2Z 2Y6 Address for Service /, G. Robert Simpson, General Manager, have the authority to bind the corporation This document is not authorized under Power of Attorney by this party. Name ROPPEL, KENNETH GEORGE Acting as an individual Address for Service R. R. #2 Tiverton, ON NOG 2TO This document is not authorized under Power of Attorney by this party. I Statements I This notice is for an indeterminate period Schedule: See Schedules I Signed By I John Michael Keip 215 Durham Street, Box 880 Walkerton NOG 2VO acting for Applicant(s) S~gned 20070705 Tel 519-881-3230 Fax 5198813595 I File Number I Applicant Client File Number: 12270 I SITE PLAN AGREEMENT This AGREEMENT made this BETWEEN: O?~ ~ day of ,;) LiNer ,2007. THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE hereinafter called the "Municipality" OF THE FIRST PART -and- KENNETH GEORGE ROPPEl -and- ENBRIDGE ONTARIO WIND POWER lP hereinafter collectively called "The Owner" OF THE SECOND PART WHEREAS the Owner represents that it is the registered owner of those lands in the Municipality of Kincardine, County of Bruce, described in Schedule "A" attached hereto and forming part of this agreement; AND WHEREAS the parties hereto agree that the lands affected by this agreement are as set out in Schedule "A" attached hereto; AND WHEREAS the Municipality has enacted a Site Plan Control Area By-Law pursuant to the provisions of Section 41 of the Planning Act, R.S.O., 1990, c.P. 13, as amended. AND WHEREAS the covenants, agreements, conditions and understandings herein contained on the part of the Owner and the Party of the Third Part, if any, shall run with the land and shall enure to the benefit of and be binding upon the parties hereto and their heirs, executors, administrators, successors and assigns, as the case may be, and shall be appurtenant to the adjoining highways in the ownership of the Municipality. NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the approval of the plans for the development on subject parcel of land by the Municipality and the sum of ONE ($1.00) DOLLAR, the receipt of which is hereby admitted, the Owner for himself and for all successors in title, HEREBY AGREES with the Municipality as follows: PART A- GENERAL PROVISIONS 1 . The parties to this agreement hereby agree that the Owner as herein stated is the registered owner of those lands described in Schedule "A" to this agreement and the lands affected by this agreement are as described in Schedule "A" to this agreement, hereinafter called the "subject lands". Wherever the term Owner is used in this agreement, it shall apply jointly and severally to the parties comprising the Owner. 2. The Owner hereby releases the Municipality, its servants, agents and contractors from any and all liability in respect of the proper maintenance and operation of the matters and facilities required by this agreement. 3. The Owner agrees to allow the Municipality at its sole expense and in its sole discretion to register or deposit this agreement in the Registry Office for the County of Bruce against the "subject lands". .' Page 2 Site Plan Agreement 4. The owner agrees to indemnify and hold harmless the Municipality from and against all suits, judgments, claims, demands expenses actions, causes of action and losses and for any and all liability for damages to property and injury to persons (including death) which the Municipality may incur, otherwise than by reason of their own negligence or willful misconduct, as a result of or arising out of or in relation to any breach of the terms of this Agreement, or the Municipality's own negligence or willful misconduct. 5. The clauses of this agreement are independent and severable and the striking down or invalidation of anyone or more of the clauses does not invalidate all or any of the remaining clauses. 6. Nothing in this agreement shall relieve the Owner from complying with all applicable municipal requirements. 7. The Owner hereby grants to the Municipality, its servants, agents and contractors a license to enter the "subject lands" for the purpose of inspection of the works and the "subject lands" or for any other purpose pursuant to the rights of the Municipality under this agreement. 8. Once the Municipality of Kincardine has entered into the site plan agreement with the owner, all subsequent documents binding the Corporation will be executed by the Mayor & CAO. PART B - SITE DEVELOPMENT AND MAINTENANCE PROVISIONS 9. The Owner agrees to undertake development on the "subject lands", at its sole expense, in conformity with the site plan as detailed in Schedule "8" attached hereto, which shall hereinafter be referred to as the "approved site plan", 10. The Owner agrees to provide, install or otherwise abide by, at its sole expense, the site development requirements as detailed in Schedule "C" attached hereto. 11. a) Upon completion of the development of the "subject lands" in conformity with the provisions of this agreement, the CAO shall issue a certificate of compliance. b) "Certificate of compliance" shall mean a statement of the Municipality as to the substantial completion of the works, matters and facilities required by this agreement and shall not be deemed to certify compliance with any other municipal requirements, regulations, or by- laws, and the Municipality shall not be stopped from pursuing any or all its rights to enforce the continuing obligations of the Owner under this agreement or to enforce any other of the Municipality's requirements, regulations or by-laws which relate to the subject lands. 12. The Owner hereby acknowledges that failure to complete all required works within the specified time period shall mean a certificate of compliance will not be issued until such work necessary to complete the development is done, and that until such certificate of compliance has been issued, in the event that the prescribed time period has lapsed, the Municipality has the right to refuse issuance of any permit necessary to carry out any additional work on the "subject lands". Page 3 Site Plan Agreement 13. All maintenance and repair of facilities and matters required by this agreement shall be done by the Owner from time to time at its sole risk and expense and the Owner agrees the "subject lands" will not impede or prohibit performance of the maintenance provided for in this agreement. 14. The Owner agrees to maintain in good repair and at its sole expense the subject lands" in conformity with the provisions of Schedule "B" (approved site plan) and Schedule "e" (site development requirements), and all other requirements pursuant to this agreement, and all repair or maintenance shall conform with the requirements of this agreement as it applied to the original development. 15. The Owner agrees that all facilities and matters required by this Agreement shall be provided and maintained at its sole risk and expense and to the satisfaction of the Municipality and that in default thereof and in the sole discretion of the Municipality, the Municipality may perform such requirements at the expense of the Owner and such expense may be recovered by the Municipality in like manner as municipal taxes within the meaning of Section 326 of the Municipal Act, R.S,O., 1990, c.M, 45, as amended. 16. The Owner agrees to do the following: a) subject to The Public Transportation and Highway Improvement Act, R.S.O. 1990, facilities, to provide access to and from the lands such as access ramps and curbings and traffic direction signs; b) to dedicate to the Municipality, free and clear of all encumbrances, all Easements and lands required by the Municipality for the construction, maintenance and improvement of any existing or newly required watercourses, ditches, land drainage works and sanitary sewage facilities on the land and, on request by the Municipality, to deliver the properly executed documents in a form that can be registered, to the Municipality in order to complete the dedication to the Municipality and to pay all costs incurred by the Municipality in respect to the aforementioned dedications; c) to, where required by Municipal resolution, dedicate to the Municipality widening of highways that abut on the land described in Schedule "A" attached hereto, free and clear of all encumbrances. PART C - DEFINITIONS 20. In this Agreement and the Schedules attached hereto: i) "Building Area" shall mean the only area upon which the erection and use of buildings and structures shall be permitted. ii) "Landscaped Open Space" shall mean the areas of open space comprised of lawn and ornamental shrubs, flowers and trees and may include space occupied by paths, walks, courts, patios but shall not include parking areas, traffic aisles, driveways and ramps, iii) "Parking Area" shall mean the areas of open space other than a street to be used for the parking of motor vehicles and access ramps and driveways to areas used for the parking of motor vehicles which shall be clear of buildings and structures except those accessory to the ". Page 4 Site Plan Agreement operation of the parking area, and which shall be available and maintained for the parking of motor vehicles including maneuvering aisles and other space necessarily incidental to the parking of vehicles. iv) "Natural Open Space" shall mean the areas of open space which are to remain in a natural state with a minimum amount of maintenance, but shall not include areas of outside storage, parking areas, traffic aisles, driveways or ramps, or Building Area, Natural Open Space areas shall be subject to the requirements of the Maintenance and Occupancy (Property Standards) By-Law as amended from time to time for the Municipality and shall be kept clear of all weeds and natural growth which is prohibited by other Municipal by-laws. Areas of Natural Open Space may include areas of Landscaped Open Space. v) "Commercial Wind Generation System (CWGS)" shall mean one or more Wind Generating Systems (WGS), that singly or collectively produce more than a total of 40 kilowatts (kW) based on 'nameplate rating capacity' and are connected to the provincial transmission grid. vi) "Wind Generation System (WGS)" shall mean any device such as a wind charger, windmill, or wind turbine that converts wind energy to electrical energy. IN WITNESS WHEREOF the Municipality has hereto affixed its co~rate seal-IDtest by the hand of its Mayor and Chief Administrative Officer this d-.O day of VUN~ 2007. The parties have hereunto settheir hands and seals this 62o~ day of :J;;rJ ~ 2007. SIGNED, SEALED AND DELIVERED ) in the presence of ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) -~ ayor t=?rry Kraemer .~ ,,<-:> 4 o,,\... c,c:..--~~fV\. ~efAdministrative Officer - John deRosenroll I/We have authority to bind the Corporation I~ ~~L Kenneth Georg oppel ENBRIDGE ONTARIO POWER LP ~ Name: G.. Robef'fSimpson Title: General Manager, Enbridge Ontario Wind Power LP l!We have authority to bind the Corporation SCHEDULE II All Lot 15 Concession 4 Bruce; Part Lot 14 Concession 4 Bruce as in R100127 Except Part 13 and 14 PL 992; srr R173569E; Municipality of Kincardine in the County of Bruce ~. .' SCHEDULE "B" The "approved site plan" shall be all the documents contained in the Binder marked "Circuit 1" as submitted by the Owner and stamped as the "approved site plan", signed by the Municipality's Chief Administrative Officer and signed by the Owner with any changes marked in red and initialed by the Chief Administrative Officer and the Owner. This "approved site plan" shall be filed with the Municipality's Chief Administrative Officer. ... . .. SCHEDULE"C" SITE DEVELOPMENT REQUIREMENTS 1 . The Owner agrees that the completion date for all work required pursuant to this agreement shall be December 31,2009. 2. The Owner agrees to prepare a grading and drainage plan acceptable to the Municipality and all surface drainage shall be controlled in accordance with the approved plans in a manner satisfactory to the Municipality. 3. The Owner agrees to ensure during development of the "subject lands" that appropriate devices are installed and measures taken to prevent unreasonable erosion of soil from the site by wind or water, and the Owner agrees to abide by any request of the Municipality's Chief Building Official or Engineer in this regard, acting reasonably. 4. The Owner agrees to install temporary fencing or otherwise adequately protect all trees, shrubs and other vegetation which are to be retained, and such fencing shall be located not closer to any trees than the drip line of such trees, and the Owner agrees to abide by the requirements of the Municipality's Pubic Works Manager in this regard, acting reasonably. 5. The Owner agrees that any internal driveways, access roads which are necessary for, and designated as, a fire route shall be so designed so as to carry the weight of the Municipality's fire fighting equipment. 6. The Owner agrees to provide all landscaping as shown on the "approved site plan". All plantings shall be installed to the specifications and requirements as indicated on the "approved site plan". 7. The Owner agrees to appropriately and properly finish all lands lying between the "subject lands" and any and all abutting streets, which, without limiting the generality of the foregoing shall include the following: i) landscaping of lands lying between the street line and property line not to be used for vehicular or pedestrian entrances with topsoil and sod/seed. ii) installation of driveways of proper width and grade from the street line to the property line with asphalt, concrete or other hard surfacing acceptable to the Municipality's Engineer. iii) removal of existing driveways which are not to be used with replacement by appropriate landscaping as detailed above. 8. The Owner agrees to obtain a building permit within twelve (12) months from the date of this agreement. Failure to obtain a building permit within the prescribed time period shall mean this agreement is null and void. 9.' The Municipality's Chief Administrative Officer may agree in writing to minor variations to provisions of this agreement. Please note that all major variations must be approved by Council in the form of a Site Plan amendment to this agreement. @Ontario PARCEL REGISTER (ABBREVIATED) FOR PROPERTY IDENTIFIER Ministry of Government Services LAND REGISTRY OFFICE #3 * CERTIFIED PAGE 1 OF 1 PREPARED FOR SAM FARRELL ON 2007/05/18 AT 10:45:59 GRANT * 33288-0055 (LT) BY LAND REGISTRAR IN ACCORDANCE WITH LAND TITLES ACT * SUBJECT TO RESERVATIONS IN CROWN PROPERTY DESCRIPTION: LT 15 CON 4 BRUCE: PT LT 14 CON 4 BRUCE AS IN RI00127 EXCEPT PT 13 & 14 PL 992: SiT R173569E: KINCARDINE ~N-r";:' C:>~ ~CAtt!f PROPERTY REMARKS: ESTATE/QUALIFIER: FEE SIMPLE LT CONVERSION QUALIFIED RECENTLY: FIRST CONVERSION FROM BOOK PIN CREATION DATE: 2006/10/23 OWNERS' NAMES ROPPEL, KENNETH GEORGE CAPACITY SHARE ROWN REG. NUM. DATE I INSTRUMENT TYPE I AMOUNT PARTIES FROM PARTIES TO CERT/ CHKD ** PRINTOU INCLUDES ALIL DOCUMENT TYPES (DEfETED INSTRUMENTS tOT INCLUDED) ** ON FIRST REGlrSTRATION UNDER THE fAND TITLES ACT, T:;i: SUBSECTION 4~ (1) OF THE LAND TITfES ACT, EXCEPT PARAGRAPH 11, PARAGRAPH 14, PROVINCIAL SUCCESSION DUTIES ~D ESCHEATS OR FORFEITURE TO THt CROWN. J **SUBJECT, ** * ** ** THE RIGHTS elF ANY IT THROUGH LlrNGTH CONVENTION. [ANY LEASE TJ WHICH OF CONVERSION TO LAND PERSON WHO WOU D, BUT FOR THE "AND TITLE$ ACT, BE ENTITLED TO THE LAND OR ANY PART OF ** OF ADVERSE POS ESSION, PRESCRIPT ON, MISDESCRIPTION OR BOUNDARIES SETTLED BY ** ** THE SUBSECTIO 70(2) OF THE R GIS TRY ACT APPLIES. **DATE TITLES: 2006/1 /23 ** R100127 1972/12/08 TRANSFER 3R326 1973/05/15 PLAN REFERENCE R155809 1978/02/10 LEASE RFJf1ARKS: OIL & GAS 3R2531 1979/07/05 PLAN REFERENCE R173569E 1979/11/01 TRANSFER EASEMENT R174640 1979/12/11 ASSIGNMENT LEASE R '1ARKS: MULTI R175275 1980/01/10 CHARGE R178989 1980/07/07 ASSIGNMENT LEASE REiRKS: MULTI $2 ROPPEL, KENNETH GEORGE / C C MID EASTERN OIL & GAS LIMITED C C ONTARIO HYDRO C PETRO-CANADA EXPLORATION INC. C $2 BANK OF MONTREAL C PACIFIC PETROLEUMS LTD. C ~ !?-g/{fr? {a t :1:/ t/tI'-1 NOTE: ADJOINING PROPERTIES SHOULD BE INVESTIGATED TO ASCERTAIN DESCRIPTIVE INCONSISTENCIES, IF ANY, WITH DESCRIPTION REPRESENTED FOR THIS PROPERTY. NOTE: ENSURE THAT YOUR PRINTOUT STATES THE TOTAL NUMBER OF PAGES AND THAT YOU HAVE PICKED THEM ALL UP. Magwood, Van De VY'rere, Thompson & Grow-McClement LLP BARRISTERS & SOLICITORS 215 DURHAM STREET, BOX 880 WALKERTON, ONTARIO NOG2VO GEI'lRGEC, MAGWOOD,B.A., LLB. BRIANJ.VANDEVYVERE,B.A.,LLB. C. HEDLEYTHOMP~ON, B.A.,LL.M. TAMMYW GROVE"McCLEMENT, B.A" ~l.B TELEPHQNE(5191881-3230 E-MAIL wmvt@bmts.com FAX (519)881-3595 August 2, 2007 Michelle Barr Municipality of Kincardine 1475 ConcessionS, R.R. #5 Kincardine, Ontario N2Z 2X6 Dear Mrs. Barr: RE: Enbridge Ontario Wind Power Circuit One - By-laws - Various Properties. Municipalitv of Kincardine. Ward 3 Further to your letter dated July 9,2007, I now enclose the electronic receipt of registration for the six Enbridge Site Plan Agreements registered on July 6, 2007, together with extra copies of the Agreement and ~ents that wei1~nger require. O --", '{:."..~",,' ., .........,...I y p o ....,..JOoillS truly, - '" " "~ ~AGWOOD, V~ DE VYVERE, THOMPSON , 2GROVE-MCCLEMENT .., G ':1 -. _....~. -_. -. /~~~ George C. Magwood GC .J[ Ene .~" . ..~.- -". \t~'- 1.-- '1'.\ .:.:r,.~3Oii5i; O-l-om::O::2;P-tng I ~ ~ ~ B ~ ~ j ~ 0 /" 1 ~ 1 i ~ ~ ~ p ~' ., if W ~ &' " , ~, .6 2 ~ o 0 0 0 0 \0 0 0 c I f I DOOOODDOtC(CC ! ~J16' ~l i : ~C " Ql\ t ~ ~ .~ \ ~ ~ ~ c.:..t <. t r ~- I ~ ~, ~~ ~ tt6' f ~~\~ f i\\ ~, t LRO # 3 Notice Under 5.71 Of The Land Titles Act Receipted as BR4892 on 2007 07 06 yyyy mm dd at 09:36 Page 1 of9 The app!icant(s) hereby applies to the Land Registrar. I Properties PIN Description 33288 - 0055 L T LT 15 CON 4 BRUCE, PT LT 14 CON 4 BRUCE AS IN R100127 EXCEPT PT 13 & 14 PL 992; 8fT R173569E, KINCARDINE KJNCARDINE Address I Consideration Consideration $ 0.00 I Applicant(s) The notice is based on or affects a valid and existing estate, right, interest or equity in land Name Address for Service THE CORPORATION OF THE MUNICIPALllY OF KINCARDINE 1475 Concession 5, R. R. #5 Kincardine, ON N2Z 2X6 This document is not authorized under Power of Attorney by this party. This document is being authorized by a municipal corporation by Larry Kraemer, Mayor and John deRosenroll, Chief Administratrive Officer. I Party To(s) Capacity Share Name Address for Service EN BRIDGE ONTARIO WIND POWER LP 795 Queen Street Kincardine, ON N2Z 2Y6 I, G. Robert Simpson, General Manager, have the authority to bind the corporation This: document is not authorized under Power of Attorney by this party. Name Address for Service ROPPEL, KENNETH GEORGE R. R.#2 Tiverton, ON NOG 2TO This document is not authorized under Power of Attorney by this party. I Statements This notice is for an indeterminate period Schedule: See Schedules I Signed By John Michael Keip 215 Durham Street, Box 880 Walkerton NOG 2VO acting for AppJicant(s) Signed 20070705 Tel 519-881-3230 Fax 5198813595 I Submitted By WAECHTER,MAGWOOD 215 Durham Street, Box 880 Walkerton NOG 2VO 2007 07 06 Tel 519-881-3230 Fax 5198813595 I Fees/Taxes/Payment Statutory Registration Fee $60.00 Tota! Paid $60.00 LRO # 3 Notice Under S.71 Of The Land Titles Act The appficant(s) hereby applies to the Land Registrar. I File Number Receipted as BR4892 on 2007 07 06 yyyy mm dd Applicant Client File Number' 12270 at 09:36 Page 2 of 9 lRO # 3 Notice Under S.7i Of The land Titles Act ;g /( /f'gf?-- "I :;a/ ,:./ tY7 In preparation on 20070705 at 10:44 . This document has not been submitted and may be incomplete. yyyy mm dd Page 1 of 1 I Properties PIN Description Address 33288 - 0055 l T IT 15 CON 4 BRUCE; PT IT 14 CON 4 BRUCE AS IN R100127 EXCEPT PT 13 & 14 Pl 992: srr R173569E; KINCARDINE KINCARDINE I Consideration Consideration $ 0.00 I Applicant(s) The notice is based on or affects a valid and existing estate, right, interest or equity in land Name THE CORPORATION OFTHE MUNICIPALITY OF KINCARDINE Acting as a company 1475 ConcessIon 5, R. R. #5 Kincardine, ON N2Z 2X6 Address for Service This document is not authorized under Power of Attorney by this party. This document is being authorized by a municipal corporation by Larry Kraemer, Mayor and John deRosenroll, Chief Administratrive Officer. I Party To(s) Capacity Share Name EN BRIDGE ONTARIO WIND POWER lP Acting as a company 795 Queen Street Kincardine, ON N2Z 2Y6 Address for Service J, G. Robert Simpson, General Manager, have the authority to bind the corporation This document is not authorized under Power of Attorney by this party. Name ROPPEl, KENNETH GEORGE Acting as an individual R. R. #2 Tiverton, ON NOG 2TO Address for Service This document is not authorized under Power of Attorney by this party. I Statements This notice is for an indeterminate period Schedule: See Schedules I Signed By John Michael Keip 215 Durham Street, Box 880 Walkerton NOG 2VO acting for Applicant(s) Signed 20070705 Tel 519-881-3230 Fax 5198813595 I File Number Applicant Glient File Number. 12270