HomeMy WebLinkAboutKIN 92 082 Airport Agree -Dries
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THE CORPORA nON OF THE TOWN OF KINCARDINE
BY-LAW
BY-LAW NO. 1992-82
BY-LAW TO AUTHORIZE THE SIGNING OF AN EXCHANGE
OF LANDS AGREEMENT WITH HANS TRAPP DRIES
WHEREAS the
Kincardine deems
of lands agreement
Council for The Corporation of the
it advisable to enter into an
with Hans Trapp Dries;
Town of
exchange
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 exchange of lands agreement with Hans Trapp Dries.
2.
That the mayor and clerk
of The Corporation of
agreement with the Hans
this by-law and to affix
when required.
be authorized to sign, on behalf
the Town of Kincardine, the
Trapp Dries which is attached to
the Town's Corporate seal as and
3. The mayor and clerk are further authorized to execute
such documents as they may deem advisable in accordance
with the Agreement and affix the corporate seal to such
documents.
4. This by-law shall come into full force and effect
upon its final passage.
5. This by-law may be cited as the "Dries Agreement
By-law".
READ a FIRST, SECOND and THIRD time and FINALLY PASSED this 18th
day of September, 1992.
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Mayor /,
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THIS AGREEMENT MADE this
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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HANS TRAPP DRIES
Hereinafter called "Dries"
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
Commi ttee (the "Airport Coromi ttee" ) ;
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 Clarence Ackert and Shirley Ackert (herein the
"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 ....; ..so... + h "
AND WHEREAS 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 the OWners and Dries have agreed that Dries will
convey part of his lands to the OWners in exchange for the OWners
conveying part of the Airport Lands to Dries;
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 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").
2. Dries agrees to convey to the Owners in fee simple and free
from all mortgages, liens and encumbrances, the lands
abutting the Airport Lands outlined in Schedule "C" attached
hereto.
3. In consideration for the conveyance by Dries described in
paragraph 2, the OWners shall convey to Dries in fee simple
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and free from all mortgages, liens and encumbrances, part of
the Airport Lands outlined in Schedule "D" attached hereto.
The conveyance provided for in the within paragraph shall be
subject to the condition that the lands being conveyed by
the OWners shall be added to and registered in the same name
as the lands abutting the Airport Lands which are at present
registered in the name of Hans Trapp Dries, in trust, by a
transfer registered in the Land Registry Office for the
Registry Division of Bruce (No.3) as instrument number
255226.
4. 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 Sieber and the Owners whereby
Sieber agrees to grant an easement over part of his
lands in favour of the Owners;
(c) an agreement between the Ackerts and the OWners whereby
the Ackerts agree to grant an easement over part of
their lands in favour of the OWners.
The lands referred to herein are as set out in the sketch
attached to this Agreement as Schedule "Co.
IN WITNESS WHEREOF the Party of the First Part hereto has
hereunto affixed its corporate seal attested by the hands of its
respective officers duly authorized in that behalf and the Party
of the Second Part has hereunto set his hand and seal.
SIGNED, SEALED AND DELIVERED
in the presence of
) THE CORPORATION OF THE TOWN
¡ OF KI~ __
)pe~~
) Mayor
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)
) THE CORPORATION OF THE
¡ TOWNSHIP \O~rINE
) per:~
) ae
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) Per'
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SClIlmULE '/I.'
1\LL 1\ND SINGUL1\R that certain parcel or tract of land and
premi~es situate, lying and being in th~ Township of
I<illcardine, in the County of Bruce and Province of ontario and
being composed of part' of r.ot 27, Concession 111\" o~ Lake \1ange
and more particularly describe,d as follow;: .
;
BrJ;l\lUNG IIEREIN are astronomic and are derived from deposit plan
Number 425:
COMMBNCING at a point in the southerly. limit of said lot 27.
concession "1\" distant 10 feet measured north 61 degrees 31
minutes 40 seconds west therealong from the southeasterly
corner thereof:
TlmNCB North 29 degrees 11 minutes 00 seconds East along the
westerly limit of the I<ings lIighway Number 21 as shown on the
said Deposit Plan Number 425 a distance of 636.04 feet more or
less to a point thereon dis~ant 20 feet measured south 29 d~grees
11 minutes West therealong from the northerly limit of said Lot 27;
'1'1II~NCB North 61 degrees a minutes 00 seconds West and parallel
to the said northerly limit of Lot 27 a distance of 200.0 feet;
'l'HENCE South 29 degrees 11 minutes 00 seconds West and parallel
to the said westerly limit of the Kings lIighway Number 21 a
distance of 387.42 feet;
'l'IIBNCE 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;
~.'lmNCI~ Soutli 29 degrees 11 minutes 00 seconds West and parallel
1:0 the said westerly limit of the Kings lIighway Number 21 a
distance of 250 feet 1:0 the said southerly limit of Lot 27;
'I'HENCE Sou th
said southerly
or less to the
61 degrees 31 minutes 40 seconds East alollg LIle
limit of Lot 27 a distance of 4,950.00 feet lIIore
point of commencement.
âEÇQNDLY
1\LL 1\ND SINGUL,I\\1 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 part of TJot 27, in Concession "1\" and being
Part 2 011 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 and 1\ on said Ileference Plan
31l-438, said Parts 3 and 1\ being part of Lot 28 in Concession
"1\", Lake Range, 'l'ownship of Kincardine, Bruce COUllty.
TIlIIlDLX
1\LL 1\ND SINGur~1\\1 that certain parcel or tract of land {lnd
prel111 ses situate, lying and being in the' 'l'ownsld p of
'. ····..I<inc~rdine, in the County of BrucE! alld Province of Ontario alld
beinç composed of part of T~ots 20 and 29, in concession "1\" and
beinç .Parts 5, 6 and 8 on Reference Plan 3R-430 deposited .i II
."""", the ,Registry, o.ffice for the Registry Division of Bruce No. 3
on .I:he. 16th day oESeptember, 1972, said Part 5 on RefeTellce
Plan 3R·:A30 being composed of part of Lot 20, Concession "^"
only and said parts 6 and 8 on Reference Plan 3R':'43ß beillq
composed of paJ~t of Lot 29, Concession "1\" only. -
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SCIl mUI.I~ "1\" - P1\GI~ 2
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/ILl, 1\NIJ SINGUI./lH that certaj n parce L en- tract or: :I ùlHl ilnd
p~ellli.ses s.i.tuate, :ty.i.ng and beLng in the 'I'owllsld.p of
I<JI,lcardine, in the Coullty of Bruce and Province of ontad.o Dlld
belllg composed of part 0.1: Lot 29, c?uCes:;;ioll "1\" amI being Part
~ .on. Reference PIa!] ~R-430 deposJ.ted In the Hegistry O.[fice
fot the Reglstry DivISloll of Bruce No. 3 011 Ule 16th day of
September, 1973.
fl!E.'rI!LY
J\l.L 1\NO SINGUL/lR that certain parcel or tract of lèlnd and
pl,:end se~ situate, lylng olld being ill the 'I'ownship of
l~lI..cal:<l1ne, .in U!e coullty of Bruce ancl provlnce of olltario and
be.l.ng composed of P~l't. of Lot 30, Concession "/I" desjgnùl:ed as
~é1r:t. 1 on ~efer.enc;:e· Plan deposited in the Land Registry or [jce
1.01. the Heg.l.stry DJ.vision of Bruce No. 3 as 3H-3613.
fLIXT!!LY
1\l.L 1\ND SINGUI.1\R I:hllt certain parcel 01' tract of lnnd ilnd
p~-emise:;; sl~lIate, lying èlnd bei.ng . in the '1'ownsl1jp o[
¡U 1.lcardll1e, 1n the County of Bluce amI prov.i nce of ou\:ali 0 iIIld
1~:J:ng composed of part of Lot 26, Concessi.on "/I", deslÇJnuted as
L aJ. ~s 1, 2, ~, 4 and 5 on Reference Plan deposi ted in Llle Lélnd
RegIstry Off.tce for the Registry Divlsi.on of Drllce No 3 as
3R-3ß03. .
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 conposed of that
part of Lot Number Twenty-Seven (27) in Concession nAn of the said
Township of Kincardine more particularly described as follows:
PREMISING that the Southerly limit of oaid Lot 27 has a bearing of
North 60 degrees 45 feet West and relating all bearings herein
thereto;
COMMENCING at a point in the Southerly limit of said Lot, distant
forty-nine hundred and sixty (4960.0') feet measured North 60
degrees 45 feet West thereon froD the southeasterly angle of said
lotj
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THENCE North 60 degrees 45 feet West along said southerly limit
a distance of eight hundred 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 of said lot;
THENCE South' 60·;·degrees 45 feet East aiong 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'.81) 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
Ii point;
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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;
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' .00) 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 (20~' .74), to the
westerly limit of said Lot 27;
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SCHEDULE "A" - 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 (716'.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 East, 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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. PROPoS to RUNWAY OS/23 AN D
þ:::::::::j ~':Jr: r:)1~ TOWNSHIF' AI~PORT
~ fAlDIENT RtOUIRDlENTS E'MEMENt' AND
~ IIIRPOR,!.AMOS TO LAND E)(C~OE ARrAs
~ IE bCHNtOED (ø.,oo...':J
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SCIIIWlJLE 'W
'HOJECr 1>ESCIUI'TION
RECONSTlUJCTION OF RlINWA Y OS/23 (GGO IIIcln~s)
KINCARIHNE TOWN ANI) TOWNSIIII' AIRI'ORT
The plOposeu reconslruclion o[ Runway OS/23 involves Ihe cOlIslruclion o[ a paved IUllway,
('if/CCII (15) /IIetres ill width, npproximnlely 660 l1Ielres illlellglh nlld designcd ill nccolllallce
with Ihe npplicable standards nnd recommended practices of Tnmsport Canada ns
dOClll1lellteù in their Pllblìcntìoll TP 312E [or n Code JA, NOII-lllstrUI1ICllt runw¡¡y. The
olÎgnlllenl of (he rUllway shall be 039"-219" true, giving a }\ngllelie ùesigllalioll for Ihe
RUIIIYny of OS/23. .
The rUllwl1Y will pmvidc n paved Inlldillg surfl1cc for fixed wing aircraft ill IIlldiliOI1 to
fncililntil1g aircmft access 10 and [rolll the cxisling Bruce Enerb'Y Centre ßuilding npron via
n I¡¡xiw¡¡y connected to RUllwny OS/23 npproxil1lnlely 500 metres lIorthcnstflOJII llie
illler.çeclion of HIIII\VI1Y 13/3 I nlong the plOposcd Runway OS/23 cenlreline.
The plOposeu rllllwny nud conneclillg tnxiwny (ns iùculified nbove) will be lighled nlld
Imll ked in accordnnce wilh Ihe standards and recoll1l11emJed praclices o[ TI'aIISpOlI Callnd¡¡.
Lighlillg for the cOllllcc(illg I¡¡xjwny illcllldillg the nproll/(l1xìwny ìlllerscctioll liglits will he
COlUlcctcù 10 the Kincardine Town ami TowlIship AirpOlI lighlillg syslem anù will be
nclivnlcd as part of Ihe ai'l)(} ( ARC^L (Aircraft Raùio COlllJOI of ^crodJOl1Jc Lightillg)
systclII.
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