HomeMy WebLinkAboutKIN 92 085 Airport Agree-Ackert
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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.
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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
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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
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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
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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
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CORPORATION OF THE TOWNSHIP
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scmWULE 'A'
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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~ .
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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.
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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
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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;
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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;
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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
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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.
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KINCARDINE TOWN
AND
TOWNSHIP AIRPORT
£ASEMENt AND
LAND EXOIWIOE AREAS
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