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HomeMy WebLinkAboutKIN 92 085 Airport Agree-Ackert . . THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW BY-LAW NO. 1992-85 BY-LAW TO AUTHORIZE THE SIGNING OF AN EASEMENT AGREEMENT WITH CLARENCE ACKERT AND SHIRLEY ACKERT WHEREAS the Council for The Corporation of the Kincardine deems it advisable to enter into an agreement to control height of structures immediately runway OS/23; NOW THEREFORE the Council for The Corporation of the Town of Kincardine ENACTS as follows: Town of easement south of 1. That The Corporation of the Town of Kincardine enter into an easement agreement with Clarence Ackert and Shirley Ackert who shall grant easement over part of their lands in favour of The corporation of the Town of Kincardine and The corporation of the Township of Kincardine. 2. That the mayor and clerk be authorized to sign, on behalf of The Corporation of the Town of Kincardine, the agreement with the Clarence Ackert and Shirley Ackert which is attached to this by-law and to affix the Town's Corporate seal as and when required. 3. This by-law shall come into full force and effect upon its final passage. 4. This by-law may be ci ted as the "Ackert Agreement By-law". READ a FIRST, SECOND and THIRD time and FINALLY PASSED this 1st day of October, 1992. ~ .~/_-- / . --- -- - . erk ///' Mayor ~..J, .- -I .-.". " , :;.t - ........-... THIS AGREEMENT MADE this dW day of September, 1992, BETWEEN: THE CORPORATION OF THE TOWN OF KINCARDINE and THE CORPORATION OF THE TOWNSHIP OF KINCARDINE Hereinafter called "the Owners", OF THE FIRST PART - and - CLARENCE ACKERT and SHIRLEY ACKERT Hereinafter called "Ackerts" OF THE SECOND PART WHEREAS the Owners own an airport known as "Kincardine Town and Township Airport" on the lands described in Schedule "A" attached hereto (hereinafter called the "Airport Lands") which airport is managed and operated by the Kincardine Town and Township Airport Committee (the "Airport Committee"); AND WHEREAS the Owners have agreed to reconstruct Runway OS/23 as a result of an agreement reached between the Owners and Bruce Energy Centre Limited; AND WHEREAS Helmut Johann Sieber (herein "Sieber") is the registered owner of certain lands being part of Lots 29 and 30, Concession "A", in the Township of Kincardine, in the County of Bruce which lands abut the Airport Lands to the west; AND WHEREAS Hans Trapp Dries (herein "Dries") is the registered owner, in trust, of certain lands being part of Lot 28 and 29, Concession "A", in the Township of Kincardine, in the County of Bruce which lands abut the Airport Lands to the east; AND WHEREAS Ackerts are the registered owners of certain lands being part of Lot 26, Concession "A", in the Township of Kincardine, in the County of Bruce which lands abut the Airport Lands to the south; AND WHEREAS the Ackerts have agreed to grant an easement over part of their lands in favour of the Owners: NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the mutual covenants and agreements herein contained and in consideration of the sum of Two Dollars ($2.00) of lawful money of Canada now paid by the Owners to the other party hereto, the receipt whereof is hereby acknowledged by the other party, the parties hereto covenant, promise and agree with each other as follows: 1. Subject to the provisions of this Agreement, the Owners agree to design and reconstruct Runway OS/23 on the Airport Lands which runway shall include the works and shall be in accordance with the engineering design criteria and specifications set out in Schedule "B" hereto (hereinafter called the "Project"). (a) Save and except as provided in paragraph 2(b) below, and subject to the Owners complying with paragraph 2(c) below, the Ackerts agree to convey to the Owners free from all mortgages, liens and encumbrances an easement in perpetuity in favour of the Owners (the "Easement "'). The location of the lands to be subject to the Easement is outlined on Schedule "C" attached hereto and the Easement shall be on such terms and conditions and shall contain such restrictive covenants as required by the Owners provided that the Easement shall be limited to the urpose of enabling the Owners to control the height of structures, bush, trees, undergrowth and other obstacles as much as necessary in order for the Owners to obtain a 2. , .... . . 'f - ... - 2 - certificate of Runway OS/23 by Transport Canada as a Code 2B runway. (b) The Owners acknowledge and agree that the lands to be subject to the Easement are subject to a prior mortgage in favour of Farm Credit Corporation registered on the 4th day of January 19 74, as Instrument No. 111169 . The Owners agree to accept the Easement subject to the said prior mortgage. The Ackerts agree to use their best efforts to obtain the postponement by Farm Credit Corporation of its mortgage to the Easement. (c) The parties acknowledge that part of the Ackerts' lands are subject to an agreement dated the 4th day of June, 1976, and registered the 9th day of September , 1974, as Instrument No. 118806 by which agreement Clarence Ernest Ackert granted an easement to the Owners. The Owners agree to release and quit claim unto Ackerts all their estate, right, title and interest in the lands described in Instrument No. 118806 and to release the Ackerts from all covenants and obligations contained in Instrument No. 118806. 3. This Agreement is conditional upon and shall not be binding until the following agreements have been entered into: (a) an agreement between Bruce Energy Centre Limited and the Owners to reconstruct Runway OS/23. (b) an agreement between Dries and the Owners whereby Dries agrees to convey part of his lands to the Owners in exchange for the Owners conveying part of the Airport Lands to Dries; (c) an agreement between Sieber and the Owners whereby Sieber agrees to grant an easement over part of his lands in favour of the Owners; 4. This Agreement shall enure to the benefit of and shall be binding upon the respective heirs, successors and assigns of each of the parties hereto. IN WITNESS WHEREOF the Parties of the First Part hereto have hereunto affixed their respective corporate seals attested by the .,... " - 3 - hands of their officers duly authorized in that behalf and the Parties of the Second Part have hereunto set their hands and seals. SIGRED, SEALED and DELIVERED in the presence of ) THE CORPORATION ) KINCARDINE ) ) ) ) ) ) ) OF ..,~~'l'~ OF . . ---. - - ,~~~~~_::_~__v.~~~~~~:~~ ....... . . :::-. ::: /,.:; i".:: _¥,......~ ,~ ..,:........ ..,-'" - , r ~....~....,"""'....... ~~~ CORPORATION OF THE TOWNSHIP ¡ OF KIN~;' Al .'i~', ) Der: ~~. ~ ~ \~~ ~ Reeve ,~ ?i:~ :< ) '. ) ) ) ) ) ) ) ) ) ) ) ar: Cler ~~~ Clarence Ackert S¿t:~k~~ . . . ~ - .....-. r..-.' :,,,. '. ,'-.... - ~. " I)'" .~y' " ,,/ scmWULE 'A' . 1\1,1, 1\ND SINGUL1\R that certain parcel or tract of land and premi'ses situate, lying and being in the Township of Kincardine, in the County of Bruce and Province of ontario ¡¡nd being composed of part of r.ot 27, concession I1A" o~:Lake Range and more particularly descrlbqd as follow~ . , BrmlUNG HEREIN are astronomic and are derived from deposit plan Number 425: COMMENCING at a point in the southerly limit of said lot 27. concession "A" dis tan t 10 feet measured north 61 degrees 31 minutes 40 seconds west therealong from the southeasterly corner thereof: 'I'HENCE North 29 degrees 11 minutes 00 seconds East along the westerly limit of the Kings Highway Number 21 as shown on Ule said Deposit Plan Number 425 a distance of 636.04 feet more or less tò a point thereon dis~ant 20 feet measured south 29 d~grees 11 minutes West therealong from the northerly limit of said Lot 27; 'l'llImCE North 61 degrees a minutes 00 seconds West and parallel to the said northerly limit of Lot 27 a distance of 200.0 feet; THENCE South 29 degrees 11 minutes 00 seconds West and parallel to the said westerly limit of the Kings Highway Number 21 a distance of 387.42 feet; . 'I'lmNCE North 61 degrees 31 minutes 40 seconds West and parallel to the southerly limit of said Lot 27 a distance of 4.749.98 feet; THENCE South 29 degrees 11 minutes 00 seconds West and parallel to the said westerly limit of the l<ings Highway Number 21 a distance of 250 feet to the said southerly limit of Lot 27; THENCE South said southerly or less to the 61 degrees 31 minutes 40 seconds East along the limit of Lot 27 a distance of 4,950.00 feet more point of commencement. ~ECONDLY 1\LL 1\ND SINGUL,1\R that certain parcel or tract of land and premises situate, lying and being in the Township of Kincardine, in the County of Bruce and Province of ontario and being composed of par1;: of Lot 27, in Concession "1\" and being Part 2 on Reference Plan 3R-438 deposited in the Registry Office for the Registry Division of Bruce No. 3 on the 16th day of September 1973 and parts 3 arid 4 on said Reference Plan 3R-438, said Parts 3 and 4 being part of Lot 28 in Concession "A", Lake Range, Township of Kincardine, Bruce County. 'l'HIRDLI 1\1,1, 1\ND SINGUL1\R that certain parcel or tract of land and .,.,...premises situate, lying and being in the 'l'ownslÜp of . Kincardine, in the County of Bruce. and Province of ontario and being composed of part of TJots 20 and 29, in Concession "1\" and being Parts 5, 6 and 8 on Reference Plan 3R-438 deposited in ,;"../ the,Registty.O:ffice for the Registry Division of Bruce No. 3 ònthe 16th day of 'September, 1972, sald Part 5.6n Reference Plan 3R::4,38 . being composed of part of Lot 20, Concession "1\" only and .said Párts 6 and 0 on Reference Plan '3R~430 being composed of part of Lot 29, Concession "A" only. .. ./2 .!:.. . ,. ,~ ,I ,. / I , . . . 'j ,,*.,' ,-::oJ i I,· ¡,;: SCl!lwur,g "1\" - P1\Gg 2 fOlJ[rl'HLX 1\1.[, I\ND SINGUl,1\H that certain parcel or tract or ] and and p~emises situate, lying and being in the Township or [(Jl.lcardine, in Lhe county of Bruce and Province of ontario Dnd belng composed of part o.r Lot 29, Concession "1\" and being Part 7 .on. Reference PI a ,1.1 ~n-:-430, deposited in the HegisLry cHfice for the Regis try D.l v 1 SJon of Bruce No. 3 on the 16 th day of September, 1973. EIFTI!LI 1\[,[, 1\ND SINGULI\I1 that certain parcel or tract of land and pl;emise~ situate, lying and being ill the 'l'ownship of I<Jl.lcaniJne, in the County of Bruce and Province of ontario and beIng composed of p~rt of Lot 30, Concession "1\" designated as ~a~t. 1 on ~eferen?e:P~an deposited in the Land l1egistry office for Lhe l1egJ.stry [HV1Sl.on of Bruce No. 3 as 311-3613. Ii H'l'!!LY I\I.I. 1\ND SINGUL1\11 Llwt certain parcel or tract of lUlIcI Hnd p~-emise~ situate, lying and being' in the 'I'ownship of IUI,lcardJne, in the ConnLy of Bruce undprovince of ontado mid ]~eJ:ng composed of part of Lot 26, Concession "A", designDted as [al~s. 1, 2, ~, -1 and 5 on neference Plan deposited in the Land negrstry OffJce for the Registry Division of Bruce No 3 as 311-3003. . SEVENTHLY ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Township of Kincardine, in the County of bruce and Province of Ontario, and being coaposed of that part of Lot Number Twenty-Seven (27) in Concession "A" of the said Township of Kincardine more particularly described as follows: PREHISING that the Southerly limit of oaid Lot 27 has a bearing of North 60 degrees 45 feet West and relating all bearings herein thereto; COt-l!1ENCING forty-nine degrees 45 lot; at a point in the Southerly limit of said Lot, distant hundred and sixty (4960.0') feet measured North 60 feet West thereon fro~ the southeasterly angle of said "",'.' THENCE North 60 degrees 45 feet Hest along said southerly limit a distance of eight h~ndred and sixty-four (864') feet to the easterly limit of a given road crossing said lot; THENCE North 22 degrees 55 feet East along said easterly limit a distance of six hundred and sixty (660') feet more or less to the northerly limit o~ said lot; THENCE South' 60·;,degrees 45 feet East along said northerly limit to' its intersection with a line drawn through the point of commencement in a northerly direction and parallel with the easterly limit of said lot; . . . /3 ~ c.. . , . . . ,y --¡; SCHEDULE "A" - PAGE 3 THENCE Southerly along said parallel line a distance of six hundred and sixty (660') feet more or less to the point of commencement. SAVE A~D EXCEPT Part 30, Reference Plan 3R-826. TOGETHER WITH A RIGHT OF WAY in common with others entitled thereto over part of said Lot 27, more particularly described as follows: COMMENCING at a point in the westerly limit of a travelled public road, distant four hundred and five feet and thirty-five one- hundredths of a foot (405:.35) measured North 23 degrees 17 feet 40 inches East from a point in the southerly limit of said Lot 27, distant five thousand, eight hundred and ninety feet and thirty one-hundredths of a foot(5890'.30) measured North 60 degrees 45 feet West from the southeast angle of said Lot 27; THENCE North 63 degrees 33 feet 30 inches West, a distance of two hundred and forty-seven feet and eighty-one one-hundredths of a foot (247'.8l) to a point; THENCE North 76 degrees 12 feet West, a distance of seven hundred and fourteen feet and thirty-six one-hundredths of a foot (714' .36) to a point; THENCE North 57 degrees 25 feet 30 inches West, a distance of three hundred and seven feet and sixty-six one-hundredths of a foot (307'.66) to a point; THENCE North 29 degrees 06 feet 30 inches East, a distance of thirty-one feet and forty-one one-hundredths of a foot (31'.41) to à point; THENCE North 60 degrees 45 feet West, a distance of twenty-eight and fifty-eight one-hundredths of a foot (28' .58), to a point; THENCE North 24 degrees 50 feet 30 inches East, a distance of four hundred and seventeen feet and eighty-seven one hundredths of a foot (417' .87) to a point; in the northerly limit of said Lot 27; THENCE 60 degrees 45 feet West, along same, a distance of two hundred and fifty feet and fiteen one-hundredths of a foot (250'.15) to the westerly limit of Lot 27; If,_" THENCE South 24 degrees 50 feet 30 inches West, along same, thirteen feet (13'.00) to a point; THENCE South 60 degrees 45 feet East, a distance of two hundred feet (200'.001 to a point; THENCE South 24 degrees 50 feet 30 inches West, a distance of four hundred and sixty-five feet (465'.00) to a point; THENCE North 60 degrees 45 feet West, a distance of two hundred feet and seventy-four one-hundredths of a foot (200'.74), to the westerly limit of said Lot 27; . . . /4 !:-- .~ . . . ~ -,' SCHEDULE "Au - PAGE 4 THENCE along same, South 29 degrees 06 feet 30 inches West, a distance of forty feet and three one-hundredths of a foot (40'.03), to a point; THENCE South 60 degrees 45 feet East, a distance of two hundred and fifty feet (250'.00) to a point; THENCE North 29 degrees 06 feet 30 inches East, a distance of twenty-nine feet and ninety-six one-hundredths of a foot (29'.96), to a point; THENCE South 57 degrees 25 feet 30 inches East, a distance of three hundred and thirty-six feet and ninety one~hundredths of a foot (336'.90) to a point; THENCE South 76 degrees 12 feet East, a distance of seven hundred and sixteen feet and fifty-four one-hundredths of a foot (7l6' .54) to .a point; THENCE South 63 degrees 33 feet 30 inches East, a distance of two hundred and forty-five feet and fifty-seven one-hundredths of a foot (245'.57) to the westerly limit of a travelled public road; THENCE North 23 degrees 17 feet 40 inches Eas t, . forty, feet and six one-hundredths of a foot (40'.06) to the point of commencement. As described in Instrument U201880 .'"',''' 1..... l . . " , ...,~' SCIIEDULE'U' 1'ltOJECr ÐESCIUI'TION IŒCONS,!:RlJCTION OF RlJNWA Y OS/23 (GGO IIIcl1'es) IONCAIWINE TOWN AND TOWNSIIII' AIRPORT The plOposed reconstruction of Runway OS/23 involves the construclion of II paved I UIIWtly, Iïfleen (15) metrcs ill width, approximatcly 660 mctres inlelll~lh alld designcd ill accordancc wilh Ihe applicable stalldards amI rccommended practices of Tfllllsport Canada as documented in their publication TP 312E for II Code tA, NOII·lnslrument runway. The alignment of the runway shall be 039"·2J9" truc, giving 1\ magnetic designation for Ihe Runway of OS/23. The /ll/lway will provide a paved'laflding smfacc for fixed wing aircraft jn mldilion 10 facilitating aircraft access to and from the existing Bruce Ener!.,'Y ('..enlre Building apl'On via a hlxiway cOllllecled 10 Runway OS/23 apprmdmalely 500 metres norlheasl 'fwm Ihe ifllersection of Rnnway 13/31 along Ihc proposeù Rnllway OS/23 cClltrclille. The proposcd J'll/lwny and connccling taxiway (as idcnliried above) will bc lighled and markcd in accordance with the stalldanls ami rccommcnùed practices of Traflsport Cannda. Lighting for the conllecting laxiway inclnding Ihe apron/laxiway illterseclion lights will he cOllllected to the Killcanl;ne Town and Towllshíp Airpotl lightillg systcm and will he activated as part of the airpml ARCAL (Aircraft Radio COlll101 or Aerodromc Lighting) systcm. . if.." . ,~ .~ -- , - 'Boundary of ,<' ____ Boundary of - Boundary of _ Bou~r~f · '+'t.t ~ßSION RGWJ_¥.! lands lands lands lands owned owned owned owned Trust tf ~ ,.:11.": ¡ D /t-OD,Tf,,.J41- A,ltf. er ~O!> '1> e,c: ~CAI ,qrJe.:, I DI ÁN~!: -fo 'ßE {'¿)JlOE-IE¡J ~ 8'1 DWhJ/ElI-" '1"0 ))0"""'< IN "'(¡(US 1 II II ~I I I I I I I I , / / / , ð / --IJ' t..f , , / , / . / / 11/ , / / / I , I , , I 8111 OfWlOt 'AIIIT MAAIC ON TOP or ÇONClltTt flOOll SOUTHWE8T COIINJR Of £X1SnNO IWIGAIl w.vA'I1ON U4.1.5M (O!OŒTIC) " .. . LANJJ5 -rð ¡:?iP dbNLlE'tGtJ ßv DRIES 70 LLrr Ii!#:¡ z= "" .'..................... ....... ........... ... .................. .....................':.. .t. ......."'!1.... ., . . .... .~..... " ."tf~OI.........~r I~'............~...,... . .............. ... I. . .... ''''''H, ... '" It......"..... ............................. ..........It, I MKtWr TIt DtJ",,¡ ... 1'1 N01tr I. DMHSIOIts ME 10 tHE NrAAD1' utrRE. 2. '!MIl II NOT A l.EIW. IUIIYIY. :fi.seI'lEAI1 0 E -~;;-i!'.4ZTS "'-0 DWNEA!..J: I. ~~,,~ _ (hAlfI!"'! ~"" "O'71'H~_"" :HfEJ to-rr ' ELE.vA-n,AJ· ðA-J£Q d4 bl/!:otJ ¿. 2e1lr~ J~~':a.Ao2a;. ~-.' ==a. I TO s....w ð"~ ",...,~s . lIgtnd ¡ ~¡~~~ =Y~'= CIN1M . "ROIIO$IO RUNWAY OS/23 h;:;:;:::j ~~"i' r:,m ~ fAIÐIENr RE:OuIRÐIENl1 ~ ~~ (~oø..~ . FU11IRI \ANOS RtOUIRED SCHEDULE Mm AUOUI1' 11112 III ~r:;1 ~1~~ .. 'c' SCAl.!I 1:4000 ~ I i ., 'H ~ KINCARDINE TOWN AND TOWNSHIP AIRPORT £ASEMENt AND LAND EXOIWIOE AREAS ;.......